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MINUTES OF THE
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
April 25, 1977
A regular meeting of the City Council of the City of Rolling Hills
was called to order at the Administration Building, 2 Portuguese Bend
Road, Rolling Hills, California by Mayor Crocker at 7:30 P.M. Monday,
April 25, 1977.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
APPROVAL OF MINUTES
Councilmembers Pernell, Rose, Swanson, Mayor Crocker
Councilman Heinsheimer (arrived at 5;00 P.M.)
Teena Clifton
William Kinley
L. D. Courtright
June Cunningham
Richard Anderson
Barbara Culver
Richard Greenberg
C, Aylesbury
Dr. W. D. Basque
Mrs. J. Biby
Mrs. D. W. Crocker
Mrs. Roy Crocker
T. Distabile
Mr. & Mrs. J. Evans
Mr. & Mrs. H. Gelles
Mr. & Mrs. C. E. Gregory
Mrs. G. Hathaway
Mrs. M. Kredel
Mr. & Mrs. A. Krauss
Mrs. D. Kuhne
Mrs. G. Leeuwenburgh
Mrs. A. Lyle
Mr. & Mrs. R. Melbye
R. Meurer
Mrs. J. Murdock
A. Peistor
Mr. & Mrs. W. Peters
H. Reeder
Mrs. N. Slusher
J. Stern
Dr. M. Weller
Mrs. R. Wittmer
Mrs. L. Zimmerman
3
City Manager
City Attorney
City Treasurer
Deputy City Clerk
Planning Advisor
League of Women Voters
Attorney
Residents
The minutes of the meeting of April 11, 1977 were approved and
accepted as corrected on a motion made by Councilman Rose, seconded
by Councilman Pernell and carried by the following roll call vote:
AYES: Councilmen Pernell, Rose, Mayor Crocker
NOES: None
ABSENT: Councilman Heinsheimer
ABSTAINED Councilwoman Swanson
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April 25, 1977
FINANCIAL STATEMENT 15
The Financial Statement for the month of March 1977 was approved
and accepted on a motion made by Councilman Rose,,seconded by Council-
woman Swanson and carried by the following roll call vote:
AYES: Councilmembers Pernell, Rose, STianson, Mayor Crocker
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NOES: None
ABSENT: Councilman Heinsheimer
PAYMENT OF BILLS
Councilman Rose moved that Demands No. 6120 through 6145 in the
amount of $12,440.38 be paid from the General Fund. The motion was
seconded by Councilman Pernell and carried by the following roll call
vote:
AYES: Councilmembers Pernell, Rose, Swanson, Mayor Crocker
NOES: None
ABSENT: Councilman Heinsheimer
JOINT POWERS AGREEMENT, SOUTH BAY CORRIDOR STUDY, PHASE III 28
Councilwoman Swanson said she had reviewed the Joint Powers Agree-
ment and it was ready for execution, as the Council approved participa-
tion in the study at their meeting on February 14, 1977. The Agree-
ment was given to Mr. Kinley to review.
A motion to execute the agreement, subject to the City Attorney's
approval, was made by Councilwoman Swanson, seconded by Councilman
Pernell and carried by the following roll call vote:
AYES: Councilmembers Pernell, Rose, Swanson, Mayor Crocker
NOES: None
ABSENT: Councilman Heinsheimer
NOTICE OF PUBLIC HEARING, PALOS VERDES LANDFILL 37
Notice of a public hearing in the City Council Chamber of the
Rolling Hills Estates City Hall at 8:00 P.M. on April 26, 1977 was
presented to the Council. The purpose of the hearing is to consider
a proposed amendment to the Conditional Use Permits under which the
Los Angeles County Sanitation District operates its disposal facility,
the Palos Verdes Landfill. Mayor Crocker said he would attend the hearing.
TORRANCE AIRPORT REPORT 42
In a letter dated April 11, 1977 the City of Torrance advised
that the report of the Ad Hoc Committee on Aircraft Noise Abatement
was reported to the Torrance City Council.
A copy of the report was circulated to members of the Council for
their comments.
REQUEST FOR REMOVAL OF GUARDRAIL ON MIDDLERIDGE LANE SOUTH 51
Mrs. Clifton reported that Mr. and Mrs. Charles T. Aylesbury,
2 Middleridge Lane South, have requested that a guardrail installed
in front of their property by the Flood Constrol District be removed
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April 25, 1977
because they consider it unattractive and unnecessary. The Manager
circulated pictures of the guardrail presented by the Aylesburys.
The matter was referred to the Traffic Commission for review
and a recommendation.
RECOMMENDATION -FOR ORDINANCE PROHIBITING HORSES RUNNING AT LARGE 5.6
The Manager advised that when Ordinance No.. 136 providing for
the control and keeping of animals,fowl and licensing of dogs was
adopted, a vital section of Ordinance No. 91, which it replaced, was
omitted. She asked that the ordinance be amended to include a section
relating to Animals Running at Large, also Transporting Animals on
Motor Vehicles.
The matter was referred to the City Attorney, and he was directed
to draft an ordinance for consideration at the next meeting.
,Y: RESOLUTION NO. 383 60
c e.
1_z Mayor Crocker advised the Council that it was necessary to con-
firm the.appointment of Councilman Heinsheimer as an alternate Director
to the County Sanitation District by resolution.
Councilman Rose moved that Resolution No. 383 entitled A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPOINTING AN
ALTERNATE MEMBER TO THE BOARD OF DIRECTORS OF COUNTY SANITATION
DISTRICT NO. 5 be adopted, and that reading in full be waived. The
motion was seconded by Councilwoman Swanson and carried by the follow-
ing roll call vote:
AYES: Councilmembers Pernell, Rose, Swanson, Mayor Crocker
NOES: None
ABSENT: Councilman Heinsheimer
COUNCILMAN HEINSHEIMER ARRIVED AT 8:00 P.M.
TRACT 31714, RANCHO PALOS VERDES, ST. JOHN FISHER PROPERTY 71
Mrs. Clifton advised the Council that she attended a meeting at
Rancho Palos Verdes on April 12, regarding Tentative Tract 31714. The
map will be presented to the Rancho Palos Verdes City Council on
Tuesday, May 3.
Mayor Crocker said that since the Tentative Map was approved by
the Planning Commission 3/1, he.felt it was imperative that Rolling
Hills.be' represented at the City Council meeting, and he asked Council-
mAn=Rose and Mrs. Clifton to attend the meeting and report on the matter.
SAN PEDRO HILL PROPERTY 83
::'•:..The: Manager advised that a -request was made to Rancho Palos Verdes
for any additional information which was submitted by the developer.
Mr.. =-Kinley reported .that .he .talked. with counsel for. Palos Verdes
Properties about the'easements in the development of San Pedro Hill.
He tried•to,,talk them into putting something into the restrictions which
would pass to the buyers to everlastingly prohibit the use of Crest Road
from the location of the development. Counsel for Palos Verdes Proper-
ties felt the buyer would not accept the land under those circumstances,
and would riot agree. He did agree, however, that they would relinquish
any and all rights which they now own in any of the easements to use the
roads in the City.of Rolling Hills to get to San Pedro Hill. An instru-
ment -which' -will be in the nature of an agreement and a quit claim deed
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April 25, 1977
to accomplish that is being prepared, Mr. Kinley sf aid.
Mrs. Clifton advised that the City of Rolling Hills can request
certain conditions on a development as a condition of approval of the
subdivision, and she suggested that the wishes of the City be conveyed
to the City of Rancho Palos Verdes. Councilwoman Swanson said she is
concerned that land currently designated as open 4pace is zoned for
residential development, and she asked that the matter be checked. Mr.
Kinley said notations restricting residential development will be part
of the final map. Mrs. Clifton said she would pursue the matter and
report to the Council.
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PLANNING COMMISSION RECOMMENDATION, CHANGE OF ZONE IN JOHNS CANYON AREA
The Manager reported that at the meeting on April 19, the Planning
Commission reviewed the City Council's request that they schedule a
public hearing to consider the change of zone from RAS -1 to RAS -2 for
three properties in the Johns Canyon area. In discussing the matter,
Mr. Richard Anderson, Planning Advisor, advised the Commission that it
would be necessary to amend the General Plan for Rolling Hills, as well
as the Zoning Ordinance. An alternative would be to work with the
developer, if the property was subdivided, and limit the number of lots
based on terrain, width of roadway and other easements. Chairman
Riegel said it was his opinion that existing regulations and ordinances
could control the number of parcels developed, and the developer could
be asked to preserve open space for recreational use.
Councilman Rose moved that the Council direct the Planning Com-
mission to take whatever action is necessary to initiate procedures
for changing the RAS -1 zoning in the area, which is surrounded by the
RAS -2 zone in Rolling Hills. Mr. Kinley said a public hearing would
be required by the Zoning Ordinance. The motion was seconded by Coun-
cilman Heinsheimer, and carried unanimously.
Councilman Rose said he is concerned about the impact on Johns
Canyon Road'if the properties were developed, and it was his opinion
that re -zoning could best control the potential burden on the area.
Mr. John Stern, a member of the Planning Commission, said the Planning
Commission did discuss the matter and make a recommendation, but they
would do whatever the Council wishes. Mr. Anderson said the Planning
staff is preparing an ordinance for review by the Planning Commission
as a preliminary step for holding public hearings to change the zone.
Mr. Kinley agreed with Mr. Anderson that the General Plan would have
to be amended to conform with the Zoning Ordinance if the zoning in
an area were changed.
Mrs. Clifton said that she has been told there is a possibility
that the properties in the area will be subdivided, but to date no
application has been filed and no plans have been received. She said,
further, that she will discuss the Council's direction to hold the
necessary public hearings with the Chairman of the Planning Commission.
ORDINANCE N0. 150 151
Councilman Rose moved that Ordinance No. 150 entitled AN ORDINANCE
OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING ORDINANCE NO. 33
ENTITLED "AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, PRO-
VIDING FOR ZONING IN SAID CITY" be adopted, and that reading in full be
waived. The motion was seconded by Councilman Heinshiemer and carried
by the following roll call vote:
AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson
Mayor Crocker
NOES: None
ABSENT: None
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SMOKE DETECTOR ORDINANCE
April 25,1977
170
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Mr. Kinley advised that the County of Los Angeles is in the process
of amending the Building Code with regard to smoke detectors. Inasmuch
as the City of Rolling Hills adopts the County Building Code by refer-
ence, Mr. Kinley recommended that they wait to see what the County adopts
before proceeding further with a smoke detector ordinance, so the regu-
lations will be compatible. Councilman Rose suggested that the matter
be held for sixty days, and the Mayor so ordered.
The Manager -reported that the Fire Department is currently making
inspections for compliance with the weed abatement ordinance, and resi-
dents have been advised the date of the annual clean-up and curbside
trash collections.
CPR COURSE
181
Mayor Crocker reported that courses being conducted at the City
CCHall on Tuesday evenings to teach Cardio -Pulmonary Resuscitation have
C,; been very successful, and he urged residents to avail themselves of
the instruction.
TENNIS CLUB DINNER IN PARKING AREA 191
In a letter dated April 25, Mr. James Ea Biby requested on behalf
of the Tennis Club permission to have an Award. Dinner Party following
a tournament on Sunday, May 22, 1977 in the parking area behind the
City Hallo The request was approved unanimously. .
REPAIR AND RESURFACING OF TENNIS COURTS 195
The Manager presented an estimate by Pacific Tennis,Courts, Inc.
for $4,195000 for repair and resurfacing of the three tennis courts.
Mrs. Clifton said other bids had been received, but she wished to
recommend Pacific on the basis of recommendations made to her.. Money
for the work is in the budget, Mrs. Clifton said, and she recommended
that the work be done as soon as possible, before use of the courts
increases during the summer months,
Councilman Rose moved that the Manager be authorized to spend
funds not to exceed $4,500000 for the purpose of repairing and re-
surfacing the'courtso The motion was seconded by Councilman Pernell
and carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson
Mayor Crocker
NOES: None
ABSENT: None
The'Manager was directed to contact Dr. Bray, President'of the
Tennis Club, to confirm that proposed improvements would be satis-
factory to the Tennis Club, and to determine the court speed desired.
PALOS VERDES PENINSULA CHAMBER OF COMMERCE 214
A letter dated April 14, 1977 from the Chamber of Commerce was
presented to the Council, requesting that the City sponsor a trophy
not to exceed $25000 for the_ Fifth Annual Golf Tournament on May 19
at the Los Verdes Golf Club.
Councilman Heinsheimer moved that the City participate as re-
quested. .The motion was seconded by Councilwoman Swanson and failed
to carry on the following roll _call vote:
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April
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April 25, 1977
AYES: Councilmembers Heinsheimer, Swanson
NOES: Councilmen Pernell, Rose, Mayor Crocker
ABSENT: None
MRS. RUTH WILLIAMS, 2740`PALOS VERDES DRIVE NORTH 228
Councilman Heinsheimer reported that he received a letter from
Mrs. Ruth Williams, 2740 Palos Verdes Drive North, describing a
traffic hazard in the vicinity of her private driveway. The matter
was referred to the Traffic Commission.
CALIFORNIA CONTRACT CITIES ASSOCIATION ANNUAL MUNICIPAL SEMINAR 232
Mayor Crocker reminded members of the Council that the Annual
Municipal Seminar of the California Contract Cities Association will
be held in Palm Springs May 12 - 15. He asked that anyone who wished
to attend advise staff so arrangements can be made.
AIR POLLUTION DISTRICT 234
Councilan Heinsheimer said that in his capacity as a member of
the Board of Directors of the Air Pollution District, he wished to
announce that a Citizens' Advisory Committee is being formed which
will consist of .interested citizens who will be requested to advise
the Board on matters appropriate to health, air pollution, impact on
the economy, etc., and he asked that anyone who is interested in
serving on the Board let him know.
COYS IN JOHNS CANYON AREA 239
Mrs. Clifton reported that a large Have -A -Heart animal trap was
purchased as authorized by the Council, and to date two coys have been
captured and have been removed from the area.
MIRALESTE HIGH SCHOOL JAMBOREE 248
Councilman Pernell announced that the Miraleste High School
Jamboree will be held on the school grounds April 29 and 30. He
presented a poster of the event for display.
HEARING ON APPEAL, NANCY AND HOWARD SLUSHER, ZONING CASE NO. 171 254
Mayor Crocker opened the hearing on appeal by Nancy and Howard
Slusher of the decision of the Planning Commission in denying Zoning
Case No. 171, their application for a conditional use permit for con-
struction of a tennis court on Lot 19 -FT, 61 Portuguese Bend Road.
Mrs. Nancy Slusher stated for the record that Mr. Howard Slusher
and his attorney, Mr. Frank De Marco, were out of town, and she wished
to appear with Mr. Richard Greenberg, who would represent her.
Members of the Council confirmed that they had reviewed the evi-
dence presented, and Mayor Crocker stated that all members of the
Council attended a field trip to the property on Sunday, May 24. The
Mayor said no Council member would address a question or comment to
Mr. Greenberg until after he completed his presentation. Mr. Green-
berg said he would limit his comments to three categories: 1) obser-
vations about the ordinance which requires conditional use permits;
2) references to the evidence and 3) conclusion.
Mr. Greenberg said he wished to state that the fact that his clients
do not agree with the decision of the Planning Commission does not
suggest that they are attributing any deliberate unfairness to them.
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April 25, 1977
Because the ordinance under which the Commission was operating was only
enacted recently with regard to private property, Mr. Greenberg said
the Planning Commission had no guidelines, and had extraordinarily wide
latitude and an absence of direction in applying the ordinance. The
result was that the Planning Commission was peculiarly responsive to
ad hoc input. With respect to the ordinance, Mr. Greenberg said the
findings refer to the Flying Triangle area as rural, which is true
only in the lay sense, as it is zoned by ordinance for residential
and agricultural use, not as rural open space. In the absence of fixed
standards in the ordinance, Mr. Greenberg said, standards of fairness
should be applied. The ordinance permits tennis courts if a conditional
use permit is granted, therefore the ordinance does not preclude tennis
courts, he said, and Section 6.06 of Ordinance No. 33 states that ap-
proval shall be given if certain criteria are met. Mr. Greenberg said
that the.Slushers have met every standard proposed.
With reference to the evidence, Mr. Greenberg said the proposed
or, location for the tennis court is behind and considerably lower than,
CC the pad for the house, and in addition, the Slushers have agreed to
C1: have the base of the tennis court constructed five feet below the
existing grade. This will have a beneficial effect on visual and sound
aspects, Mr. Greenberg said. In addition, the Slushers have agreed to
meet all requirements for landscaping, fencing, off street parking, and
no commercial activity will be permitted. Further, the commitments will
be incorporated into an agreement to run with the land, to dispel any
uncertainty that a future owner might not abide by the requirements.
Mr. Greenberg said there are minor differences in the sound studies
presented by the Slushers and the City, and it was determined that the
sound expert hired by the Council conducted his studies on tennis courts
in Studio City, and applied his reading to his observable ambient sound
levels in the Flying Triangle area. Further, Mr. Greenberg said there
are significant differences in noises, and he stated that children at
play, lawn mowers, swimming pool activities and dogs, especially hungry
barking dogs, would all produce more noise than a tennis court. -He
said that no one suggests that these are inappropriate noises in a
residential, agricultural neighborhood, and those things do not require
conditional use permits. Mr. Greenberg said it is inconsistent and un-
fair to apply the noise differential to tennis courts when there are
innumerable noises which are acceptable, and he said the difference has
to lie elsewhere if the tennis court is to be refused. With regard to
the visual aspect, Mr. Greenberg said the Melbyes could not see the
tennis court site unless they walk to the edge of their property and
peer down at it. The court will be screened from the Watts property
by the Slusher house, which will also act as a sound buffer. The tennis
court can be seen only from the rim of the Peistor property, on the side
on which there are no windows. The Wilhite property has been sold, and
no objections have been received from the purchaser. Mr. Greenberg said
this tennis court has become a symbol, and means different things to
different people. One tennis court for one family should not be pre-
cedent for another tennis court he said, each should be judged on its
own merits, but if this tennis court doesn't meet the requirements of
the ordinance, it would indicate that tennis courts are not permitted;
this would change the rules which have existed until this time, and
would be unfair. Mr. Greenberg said the Council has the obligation to
interpret the ordinance and apply the laws which pertain to this situ-
ation in this City. The Slushers have met every esthetic and environ-
mental safeguard which has been suggested to them, and would meet any
other reasonable safeguards suggested to them. Mr. Greenberg said that
this is a conditional use permit which, in fairness, has to be granted.
He then offered to answer questions.
Mayor Crocker invited questions from the Council, subject to the
limitation that they not be directed to developing any new evidence
which was not presented to the Planning Commission.
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April 25, 1977
Councilman Rose said that in reviewing the affidavits he got the
impression that in conversations with the Slusherstsome of the neigh-
bors did not express any opposition to the tennis court, and even
seemed in -favor of the development, prior to the public hearing. Mr.
Kinley said there is evidence in the minutes and in letters on file
which show opposition to the request, and they are part of the record.
Councilman Pernell said he wished to comment on Mr,. Greenberg's refer-
ence to the fact that the ordinance was only recently enacted with re-
gard -to private property. Mayor Crocker said it would not be necessary
to refute something an individual may feel was incorrectly stated. Mr.
Kinley said the only matter before the Council is whether or not to
support the decision of the Planning Commission, based on the whole
evidence on record, by majority vote. In making a decision the Council
should very carefully consider all the evidence in its entirety, and
not base their decision on any one evidentiary item. In a letter dated
March 28 to the Council, Mr. Kinley advised that the Council, in arriving
at a decision, should do so by a simple yes or no vote, or by an absten-
tion, without feeling required to make an explanation of why they so
voted; in addition, Mr. Kinley said a Council member is not subject to
inquiry or interrogation as to why he so voted. He may make an explan-
ation of his vote, if he so chooses.
Mayor Crocker asked Mrs. Slusher if she wished to comment for the
record. Mrs. Slusher said the lot was purchased because it could ac-
commodate a tennis court as well as horses, and it was her opinion that
such recreational preferences could be compatible. She said she felt
that six months had been wasted in discussion.
The Mayor thanked the audience for their decorum during the presen-
tation, and said he wished to thank Mr. and Mrs. Slusher and their
attornies for the extensive amount of work they did in presenting their
case in a most acceptable fashion; he complimented Mr. Greenberg on the
presentations made by him and Mr. De Marco. Mayor Crocker also thanked
the Planning Commission for the hours of time and effort they devoted
in arriving at a decision which they thought was fair and just under
the circumstances. The Mayor then closed the hearing on the appeal,
and said conversation would be reserved to members of the City Council
and the City Attorney.
Councilman Heinsheimer read from the findings and report of the
Planning Commission the FORMAL REPORT as follows: "The granting of the
conditional use permit to applicants would either destroy or intrude
upon the rural nature and quiet atmosphere of the Flying Triangle area
as it presently exists, and would infringe upon the seclusion and pri-
vacy of the owners of adjoining residential property", and he said he
is concerned about that statement, since in his opinion the Planning
Commission's findings seem to suggest that there will be no tennis
courts permitted in the Flying Triangle area, and that this very highly
publicized test case will be the one by which the City, through the
Planning Commission and City Council, will demonstrate to everyone
that there's no use in applying for any tennis courts, because none of
them will be granted. Councilman Heinsheimer said that if the people
who live in the Flying Triangle area feel there should not be any tennis
courts in that area, hearings should be held, discussions should be open,
and a restriction could be adopted by the City and/or the Association.
With regard to the matter before the Council, he said it should be con-
sidered on its merits as an individual tennis court, and not as a symbol
of the general problem of tennis courts in the Flying Triangle, which is
a serious subject to be addressed in the future at a public hearing if
there is significant pressure from the people who live in that area.
Mayor Crocker said that some people who live in the Flying Triangle
have testified that they moved there for special reasons; because of the
peace and quiet, because of the decible rating which is extraordinarily
low, as admitted by both of the acoustical consultants who were hired.
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April ;25, 1977
Mayor Crocker said that when a person buys a piece of property in an
extraordinarily unique, quiet area, he has the right to preserve that
benefit which he acquired when he paid the price for it, and that right
is at least equal to the right of the property owner who wishes to buy
near him and change and include a new use which does not then exist.
The decision before the Council is whether to protect those who bought
in reliance on an existing use, or whether the person who wishes to in-
troduce a new use has a higher property right.
Councilwoman Swanson stated for the record that her vote would be
based only on Mr. Slusher's request and consideration of the property
immediately surrounding his, not on the Flying Triangle area in general,
and it was her opinion that all tennis court applications should be
treated individually. Councilwoman Swanson said five applications for
tennis courts were approved recently. She said that she attended some
of the Planning Commission meetings at which the matter was discussed,
and did not agree with Mr. Greenberg's statement that the Planning
,Commission was especially responsive to ad hoc input, as she observed
that the Planning Commission worked very hard on the matter and was
C'.'responsive to anyone who wished to speak on the matter; they received
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input from the community.
Councilman Pernell said that five off street parking spaces were
offered in a letter dated November 16, 1976 from Mr. Slusher to the
Planning Commission; he asked whether that would affect total develop-
ment of the lot with regard to percentage of net lot covered. Mr. Kinley
said that if the decision of the Planning Commission is overruled by the
Council it will be the obligation of Mr. Slusher to meet all requirements
to which he originally agreed. Councilman Pernell said he is also con-
cerned about reference in the minutes of the Planning Commission to Mr.
Slusher's statement at a public hearing that he considers approval of
his request a privilege, not a right, since statements subsequently made
to the Council indicate that this is not necessarily so. He said another
matter of concern expressed by residents who were opposed to the tennis
courts was traffic, specifically traffic noise, additional cars and
people who will be coming to the court to utilize the five additional
parking spaces. Councilman Heinsheimer said the appropriate number of
parking spaces could be worked out, and he said the balance of Mr.
Slusher's statement about a conditional use permit was a request that
the Commission give individual consideration to his request and not be
influenced by Mr. Crocker's suggestion that to approve the request would
set a precedent.
Councilman Rose said it was his opinion that the Council was duty
bound to consider the Slusher request for a tennis court.on an individ-
ual basis, and discount any consideration of the fact that it is located
in the Flying Triangle. He said it is incumbent on the Council to look
at all of the record, and determine whether the facts in the record
support the conclusions of the Planning Commission. Councilman Rose
said he thinks the evidence is overwhelming in one direction, and he
doesn't know why the matter is before the Council; since the applicant
has met all requirements of Ordinance No. 33, which applied even before
the Council recognized the application of Ordinance No. 112. Council-
man -Rose stated that the tennis court is proposed for a legal location
in the rear yard, and meets the requirements for percentage of total
net lot coverage; also, no variances would be necessary; the proposed
location reserves the easements as required. Considerable opposition
was based on noise, and Councilman Rose said the applicant submitted
expert opinion that noise would not be a significant problem. Another
study obtained by the City and paid for with community funds provided a
similar opinion. The Council made a field trip and viewed the Slusher
property from adjoining and neighboring properties, and it was his
opinion that neither noise nor view obstruction would be a problem.
Expert opinions have indicated that there are no geological problems on
record; grading proposed will be within the limitations of the ordinance;
April 25, 1977
there will not be an impact on property values. Councilman Rose said
that concerns expressed by Mrs. Ethelyn Wilhite about the impact on
the value of her property have been eliminated, since Mrs. Wilhite has
sold her property and the new owner has not expressed any objection to
the tennis court. With regard to view, the tennis court site is visible
from the Melbye property, but not from the Melbye home; the view of the
court from the Watts property would be obscured by.the Slusher home when
it is built; the court would be visible from the edge of the Peistor
property, but not from the Peistor home. Councilman Rose said the court
would be most visible from the Zee -property on which there is no home
at present, but no comment has been received from Mr. Zee. Further,
Councilman Rose said the view from the Zee property is toward the ocean,
not up hill. In addition, Councilman Rose said the Slushers have agreed
to subsequent limitations which were not previously required for tennis
courts, and their court would be more than 100 feet from any residence.
Councilman Rose said the Slushers have received a conditional use permit
for a swimming pool, and it is his opinion that a pool can generate as
much noise as a tennis court. He said the Council cannot discriminate
against certain recreational uses.
Councilman Heinsheimer said there is nothing in the application to
indicate that the applicant has not met all requirements of the ordinance
and it is his opinion that the Council is obliged to approve the request
for a conditional use permit for a tennis court.
Mayor Crocker said much emphasis has been placed on what can be seen
and heard from inside of dwellings. The Mayor said he enjoys the entirety
of his property, and spends considerable time on the edge of his property,
enjoying the view below him and toward the ocean. He said a decision
should not be based on whether a proposed construction can be seen or
heard from the edge of a property or from inside the home.
The City Attorney advised the Council that granting of a conditional
use permit is a privilege, not a right.
Mayor Crocker asked Mr. Greenberg if he wished to comment before
the Council voted, and the hearing was reopened for that purpose. Mr.
Greenberg said that although the visual aspect was given emphasis in
the considerations of both the Planning Commission and the City Council,
it was not included in the findings. The Slushers agreed to provide the
number of parking spaces required by the Planning Commission, but do not
wish to have excessive parking on their property. It has been stated
that there are no similar facilities in the Flying Triangle; Mr. Green-
berg said there is a paddle tennis court with lights in the Flying
Triangle, so the Slushers' request is not a precendent. Other noises
such as electric saws are permitted without conditional use permit, Mr.
Greenberg said. He read from Section 6.06 of Ordinance No. 33 which
states that "Approval shall be given---" Mr. Greenberg said he dis-
agrees that it is a privilege; it is a right if conditions are met.
Mayor Crocker declared the hearing and discussion closed.
Councilman Heinsheimer moved that the conditional use permit be
granted and the requirement for additional parking be deleted. Mr.
Kinley said the matter before the Council was whether to support or
over rule the decision of the Planning Commission, and the matter of
parking could be remanded to the Planning Commission for consideration.
Councilman Heinsheimer moved that the decision of the Planning
Commission be reversed, and that the matter be referred to the Planning
Commission for restudy of parking requirements. The motion was seconded..
by Councilman Rose and carried by the following roll call vote:
AYES- Councilmen Heinsheimer, Pernell, Rose.
NOES- Councilwoman Swanson, Mayor Crocker
ABSENT- None
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April 25, 1977
RECESS
The meeting was recessed at 9:45 P.M. and reconvened at 10:00 P.M.
PUBLIC HEARING, PROPOSED BUDGET, FISCAL 1977-78 725
Mayor Crocker set the Public Hearing on the proposed budget for
Fiscal 1977-78 for May 9, 1977. Councilwoman Swanson asked that the
notice to the residents be sent early, since many residents have advised
her that°they often receive their copy of the Newsletter after the Coun-
cil meeting has taken place.
GIRL SCOUT DINNER
731
Councilwoman Swanson advised that she wished to attend the annual
dinner honoring South Bay Girl Scouts who have reached First Class on
June 2. She was authorized to do so.
LEAGUE OF CALIFORNIA CITIES MEETING 733
Councilwoman Swanson was authorized to attend the meeting of the
League of California Cities for Mayors and Councilmembers in Sacramento
on May 16, 17 & 18.The Manager reported that there are funds in the
budget for the purpose.
HSA REGISTRATION 735
Councilman Pernell reported that registration in the Health Services
Agency has been extended to May 21.
POWER LINES ON CABALLEROS ROAD 770
The Manager reported that she had discussed with Mr. Stuart Avera
I.of Southern California Edison Company the problem of tree limbs and
branches rubbing on the power lines on Caballeros Road. Mr. Avera
advised that workmen have been working on the problem, but the job has
not been completed.
Councilman Heinsheimer asked who would be responsible for liability
resulting from branches on power lines. Mr. Kinley said the utility
companies have to protect the lines, and usually ask the property owner
to remove limbs and branches which interfere with the lines. Councilman
Rose said it could be a matter of health and safety for the City, since
there is a potential hazard which has been reported to the Council. Mrs.
Clifton said there is money in the City's budget which could be used for
trimming the specific trees causing the problem, if the Council so
authorizes.
JOINT POWERS AGREEMENT, SOUTH BAY CORRIDOR STUDY, PHASE III 780
The City Attorney advised the Council that he had reviewed the
document and found it in order. The agreement was executed by the Mayor
and the City Manager.
ADJOURNMENT
The meeting was adjourned at 10:15 P.M.
APPROVED-
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Mayor
City
A.