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4/25/1977W, CC Cl 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 ;524 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 i 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 -2- v Z z 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 -3- 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. 111 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 -4- SMOKE DETECTOR ORDINANCE April 25,1977 170 3' 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: -5- 328 - April 28 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. am 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. -7- 3' 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. 10 LJ 33 ' 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 v 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 -10- 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- -11 - Mayor City A.