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9/12/1977MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA September 12, 1977 A regular meeting of the City Council of the City of Rolling Hills as called to order at the Administration Building, 2 Portuguese Bend oad, Rolling Hills, California by Mayor Crocker at 7:30 P.M. Monday, eptember 12, 19770 ROLL CALL 114*3*i4 ABSENT: pp ALSO PRESENT: M 11-0 �:, Ga,r APPROVAL OF MINUTES Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker None Teena Clifton William. Kinley June Cunningham R. Pass R. McGuire R. McHattie Mo Kochan Lo Tracy Ho Ralston Da Oliver Mr. & Mrs. J. Biby Dr. Do Borden Mrs. Eo Brinegar Mrs. P. Breitenstein Mr. & Mrs. Eo Doak Mr. & Mrs. Jo Evans Dr, & Mrs. R. Hoffman Dr. Lo Kelly Mrs. Be Raine Mr. & Mrs. Ho Reeder F..Riegel Mrs. So Small R. Stander Jo Stern Do Swanson Mrs. Go Tucker To Wachtell Mrs. Vo Wallace Mr. & Mrs. Ko Watts Jo Wright City Manager City Attorney Deputy City Clerk Attorney South Bay Engineering Corp. South Bay Engineering Corp. Palos Verdes Properties Palos Verdes Properties Palos Verdes Peninsula News Po Vo Chamber of Commerce Residents The minutes of the meeting of August 8, 1977 were held on the agenda at the direction of the Mayor. The minutes of the meeting of August 22, 1977 were approved and ac- cepted as corrected on a motion made by Councilwoman Swanson, seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None September 12, 1977 FINANCIAL STATEMENTS The Financial Statements dated June 30, 1977 were approved and ac- cepted on a motion made by Councilwoman Swanson, seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None Mayor Crocker said he wished to publicly commend the City Manager and staff for their careful handling of City funds and controlling dis- cretionary expenditures during the fiscal year, stating on behalf of the Council appreciation of a job well done. PAYMENT OF BILLS 115 Councilwoman Swanson moved that Demands No. 6435 through 6466 in the amount of $12,555.46 be approved for payment from the General Fund. The motion was seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None FINAL MAP, TRACT 31906, ROBERT STANDER, 11 SADDLEBACK ROAD 15 Mrs. Clifton advised the Council that the letter from the County Engineer recommending approval of the final map by the Council was not received, and she asked that the matter be held on the agenda. The Mayor so ordered. TRACT 32468, DR. RICHARD MC CALL, 77 SADDLEBACK ROAD 988 The Manager requested that a review of requirements for underground utilities on Tract 32468, Dr. Richard McCall, 77 Saddleback Road, be held on the agenda to enable her to prepare a written report on the matter. Mayor Crocker so ordered. ZONING CASE NO. 195, DR. S. EDWARD TUCKER, 3 PACKSADDLE ROAD WEST 119 Mayor Crocker opened discussion of Zoning Case No. 195, a request by Dr. and Mrs. S. Edward Tucker, 3 Packsaddle Road West, for a condi- tional use permit for construction of a paddle tennis court on their property, approved by the Planning Commission on July 19, 1977. Mayor Crocker asked the City Attorney to advise the Council of the appropriate motion required to commence discussion of the subject. Mr. Kinley said the hearing had been set for appeal of the Planning Commission's decision, and it was his recommendation, after reviewing the matter, that a member of the Council should make a motion for a hearing de nova, so that testimony could be presented by the applicant, the appellant and other persons interested in the matter. A motion for a hearing de nova was made by Councilman Pernell and seconded by Mayor Crocker. Mayor Crocker opened the matter to discussion by the Council. Councilman Heinsheimer said he had reviewed the minutes of the meeting of August 8, when a proposed ordinance which would give the -2- September 12, 1977 Council jurisdiction of a Planning Commission decision on a motion of a member of the Council, carried by an affirmative vote of three Council members, was introduced. Further, in reviewing.the minutes of the meet- ing of August 22, Councilman Heinsehimer noted that after adoption of the ordinance as Ordinance No. 152, the Council had subsequently adop- ted an urgency ordinance to supersede Ordinance No. 152, which would not �ecome effective for thirty days after adoption, and had directed that he Planning Commission be advised that the City Council had taken juris- Uction of the Tucker case under Ordinance No. U-35, which became effec- tive immediately upon adoption. Councilman Heinsheimer said review of the minutes did not indicate that there was an affirmative vote of three Council members as required by the ordinance. Further, he said it was his opinion that an urgency ordinance should not be adopted to apply to a specific case. The City Attorney advised that he had researched the matter and he 00 determined that under Section 65801 of the Government Code the Council had the right to proceed, since the Mayor had stated that the Council M would take jurisdiction of the matter, and there was no opposition sta- -zted by any member of the Council. Further, Mr. Kinley said he had re- 'Zsearched a similar case in the City of Menlo Park, Mack vs Ironside, in +which the Court held that the Council had a right to proceed. Mayor Crocker called for a vote on the motion to hold a hearing de nova on Zoning Case No. 195. The motion failed to carry on the follow- ing roll call vote: AYES: Councilman Pernell, Mayor Crocker NOES: Councilmembers Heinsheimer, Rose, Swanson ABSENT: None Mayor Crocker said that based on the vote of the Council, decision of the Planning Commission on July 19, 1977, granting ditional use permit subject to specific conditions, was final. the a con - ZONE CHANGE NO. 4, FLYING TRIANGLE AND FLYING TRIANGLE EXTENSION 222 Excerpts from the minutes of the Planning Commission meeting on August 16, 1977 were distributed to the Council. Planning Commission` Chairman -Riegel advised that the Planning Commission held a public hear- ing on August 16, preceded by a field trip to the site, to consider a request by residents in the Flying Triangle to change the zoning from RAS -1 to RAS -2, and to include the Flying Triangle Extension, in an effort to control future development of that property. After consider- ing testimony at the hearing, the Planning Commission recommended that the City Council consider changing the zone, since the majority of the property owners of the subject area are in favor of the change of zone, the roadways are narrow, and residents must travel a considerable dis- tance to a second means of emergency exit in case of fire, and such a change is necessary to protect the health, safety and general welfare. The City Attorney advised the Council that it would be necessary for the City Council to hold a public hearing on the proposed zone change. With the concurrence of the Council, Mayor Crocker set the public hearing on the matter for 8:00 P.M. Monday, September 26, and directed that the necessary notice be given as required by law. OPEN AGENDA 806 Mayor Crocker advised residents present at the meeting that the Council would hear comments from the floor. Mrs. Sonya Evans, owner of property at 62 Portuguese Bend Road, said -3- 04 September 12, 1977 she received her Newsletter the afternoon of the meeting. The Manager said the Newsletters were delivered to the Post Office on Wednesday, September 7. Mrs. Carole Hoffman, 73 Portuguese Bend Road,said she thought residents who attended Council meetings should be permitted to speak on matters before the Council and the public should be encouraged to con- tribute to decisions. Mrs. Suzanne Small, 5 Flying Mane Lane, asked members of the Coun- cil who voted against the motion to hold a hearing de nova on Zoning Case No. 195 to explain their vote. Councilman Rose said that members of the City Council made an ex- tensive visit to the site of the proposed paddle tennis court, and also to properties adjacent to the premises, and after viewing the property it was his opinion that the Planning Commission had made a proper de- cision and he felt the Council should not have taken jurisdiction of the matter. Councilwoman Swanson said she voted as she did because she was opposed to adopting the urgency ordinance to supercede the other ordi- nance, and also because it was her opinion that Dr. and Mrs. Tucker had acted in good faith in making the application and had met all require- ments. Notices were sent to 23 owners of property surrounding the Tuckers property as required by law, there was no response to the legal notice, and the Planning Commission approved the request for a condi- tional use permit subject to certain conditions. Councilwoman Swanson said she thought there was no reason to accommodate those who expressed their opposition after the approval was given. Councilman Heinsheimer said he feels the Council has dual responsi- bility; to protect those residents who come to the meetings, and also to protect those who do not attend. He said he considers Ordinance U-35 a bad law which should be repealed, and the Council should not change laws to accommodate a situation without a complete and thorough input. Councilman Pernell said that although he voted in favor of the motion, he wished to address the residents and state that they were present on their own initiative, which was extremely helpful and healthy. He said, further, that residents have other recourse, and have a right and obligation to contact members of the Council individually to make their wishes known. Mrs. Small said she thought it would be helpful if members of the Council met with residents in working sessions to receive input. Coun- cilman Rose explained the limitations of the Brown Act, but said he has made it a practice to attend neighborhood meetings to be available to residents. Councilwoman Swanson said she is available at the City Hall every Monday morning, and she receives many calls at home, as well. Mayor Crocker said notices of public hearings are published in the News- letter, and he encouraged all residents to come to public hearings, and they will be given an opportunity to express their ideas. Dr. Larry Kelly, 2 Pinto Road, said he wished to expand on Council- man Heinsheimer°s comment about protecting both sides. Dr. Kelly said decisions demand consistency, and he said much more stringent require- ments were made of Mr. Howard Slusher, even though hits tennis court will be hidden from view and the Tucker court will impaction the views of many properties in the Flying Triangle. Dr. Kelly suggested that appli- cants for conditional use permits be required to mark the area of the proposed improvement with orange poles to establish the visibility from surrounding properties. Mrs. Betsy Raine, 71 Portuguese Bend Road, said the circumstances in this instance were unique, since residents who re- ceived legal notices will be less affected than those who did not receive a notice. -4- 405 September 12, 1977 Mr. Kenneth Watts, 1 Wrangler Road, said he was present because of two matters concerning the Flying Triangle, and was not permitted to speak on either matter, and he asked why residents were advised in the Newsletter of the proposed zone change in the Flying Triangle if they were not to be permitted to speak on the matter. Mrs. Clifton explained that no one was given notice of a public hearing, since the agenda pub- lished in the Newsletter 'indicated that the Council would receive the recommendations of the Planning Commission regarding the proposed zone change so a public hearing on the matter by the Council could be sched- uled. The Manager said notices would be sent as required for law for the hearing which had been scheduled for September 26. With regard to a hearing on appeal of the Planning Commission decision, Mr. Kinley ex- plained that the Council is not permitted to listen to testimony from residents unless a hearing de nova is held, since the Council, in consid- ering an appeal, is required to make their decision based only on facts which were presented to the Planning Commission. 90 Councilman Heinsheimer said it was his intention to make a motion at an appropriate time in the meeting to repeal Ordinance No. U-35, and M re -institute Ordinance No. 152, which was superceded by the urgency `'Z ordinance Councilman Pernell explained that until the adoption of Ordinances No. 152 and U-35, there was no procedure to permit the Council to take ,jurisdiction of a decision by the Planning Commission. Mr. Larry Reeder, 51 Portuguese Bend Road, asked whether the Coun- cil would have had an opportunity to vote on the paddle tennis court if they had voted to have a hearing de novae Mayor Crocker explained that if :he motion to have a hearing de nova had passed on an affirmative vote of three members of the Council, testimony would have been taken from both sides and the decision of the Planning Commission could have been sustained or overturned by three members of the Council. Council- man Rose said such action should be taken only if there are extraordinary circumstances, and in the matter before the Council he did not consider that there was an abuse of discretion by the Planning Commission or any other extraordinary circumstances. Mayor Crocker said he agreed that there was no abuse of discretion or a bad decision by the Planning Com- mission, but he thought it was important that the Council have an oppor- tunity to review the Planning Commission's decision and act on the de- cision if deemed necessary, Dr. Richard Hoffman said it is important for the Council to main- tain a balance between procedural integrity and the integrity of the City,, and in this case it was his opinion that the decision made was wrong, since the resulting high visibility will have a broad impact. Councilman Pernell said the notice procedure should be reviewed, and if possible, residents should be advised whether or not testimony would be accepted from the residents. Councilman Rose said he agreed with the recommendation that the site be marked with flags to indicate the location of the proposed improvement. Mrs. Kathy Watts, 1 Wrangler Road, said she wished to publicly thank Mayor Crocker for his concern and for consistently being sensitive to the majority of the residents of the Flying Triangle. FLYING TRIANGLE EXTENSION, REQUEST FOR CERTIFICATE OF COMPLIANCE 595 Mr. Kinley explained that Palos Verdes Properties had requested that the City of Rolling Hills issue a Certificate of Compliance for the area known as the Flying Triangle Extension to enable Palos Verdes Properties to transfer title to the property without the necessity of going through subdivision procedure. Further, Mr. Kinley said the re- strictions on the property are similar to the restrictions placed on property in the Flying Triangle, which presently are one acre gross -5- September 12, 1977 building sites, and state that each building site shall contain not less than one acre. The restriction would be implemented by a deed from Palos Verdes Properties to the purchaser of the property which would state that the property sold, the Flying Triangle Extension, would contain not more than eight building sites. Any additional building sites would require approval by the Rolling Hills Community Association, and by written consent of the owners of two-thirds of the property within 500 feet of the exterior boundaries. Further, Mr. Kinley said Palos Verdes Properties has agreed to convey to the Asso- ciation the reversionary rights of the entire area under the juris- diction of the Association, and to quit -claim to the Association under certain conditions which are self-executing, the easements which have been reserved for the development of certain areas outside of the area controlled by the Association. The net effect of the two instruments would be to eventually vest title to all road easements and perimeter easements to the Association. Mr. Larry Tracy, attorney for Palos Verdes Properties, concurred with Mr. Kinley's statements and explan- ation. Councilman Rose asked whether the Community Association would have ,jurisdiction over development of the property in Rancho Palos Verdes which is contiguous to the Flying Triangle Extension. Mr. Kinley said the Community Association and City would have no authority outside of the city. Mr. Michael Kochan, General Manager of Palos Verdes Properties, said the entire parcel consists of approximately 500 acres in Rancho Palos Verdes and approximately 20 acres in Rolling Hills. Mr. Kochan displayed a map showing land owned by Palos Verdes Properties, and he said the zoning of the portion in Rancho Palos Verdes is R-1, one dwelling unit per acre. Further, Mr. Kochan said that under RPV restrictions`no construction can be done in areas with slopes in excess of 35`/0. On 246 acres gross above the slide area 110 homes are planned, and it has not been determined whether they will be built in clusters or spread out, since Mt. Kochan said that with a conditional use permit the homes can be clustered. In determining the design and density of development, consideration must be given to available access, which, in that particular case, is limited. Mrs. Carole Hoffman asked what would happen if the City did not issue a Certificate of Compliance. Mr. Kinley said Palos Verdes Prop- erties would have to go through the subdivision procedures Councilman Rose said he considered the eight site limit a benefit to Rolling Hills. Councilwoman Swanson asked about geology in that portion of the property. Mr. Kochan said there are some problems, but a geolgoy study had not been commissioned yet. Councilwoman Swanson said that since the matter was on an addendum and was, not an agenda item, she would recommend that it be considered as a regular matter of business at the next meeting. Mr. Tracy explained that the property is in escrow, and Palos Verdes Properties wishes to complete the sale prior to the close of their fiscal year on October 31. Mayor Crocker asked whether a copy of the master plan for Rancho Palos Verdes for that area could be pro- vided, to determine how or whether the slide area would impact on the matter. Mr. Tracy said that specific studies had not been made on that area, and information available may not be correct or reliable. Mrs, Clifton said a geology study had been done for Rancho Palos Verdes, Rolling Hills and Rolling Hills Estates by Envicom Corporation, and copies are available in the City's files. Mayor Crocker directed that the matter be referred to the Planning Commission for review at their meeting on September 20, and that their recommendation concerning the request for a Certificate of Compliance be presented to the Council at the next meeting. Councilwoman Swanson and Councilman Rose advised that they would not be present at the next meet- ing, but it was determined that there would be a quorum present. 407 - September 12, 1977 ILLEGAL DUMPING, 1 RUNNINGBRAND ROAD 862 Mrs. Clifton reported that she was advised that the stable located at 1 Runningbrand Road was being used and manure is being dumped il- legally on the property, which is owned by Mr. Major Langer. A memo- randum dated September 6,,1977 from Gary Hein, Community Association Inspector, and snapshots of the property were presented to the Council. The Manager was directed to take the necessary steps to correct the situation. RECESS The meeting was recessed at 10:05 P.M. and reconvened at 10:15 P.M. PALOS VERDES PENINSULA CHAMBER OF COMMERCE 875 00 Dwight Oliver, Executive Director of the Palos Verdes Peninsula -'.;Chamber of Commerce, addressed the Council and asked that the City of Rolling Hills join the Chamber of Commerce so there would be full parti- cipation by all cities on the Peninsula. Mr. Oliver said the Rolling ;,.,Hills Community Association has joined the Chamber, ana the City of Palos Verdes Estates increased their dues to include the Homes Association as well as the City; he asked that the Council consider the same action. Further, Mr. Oliver said the other Peninsula cities are members, and the Chamber of Commerce handles a great deal of correspondence and inquir- ies for the cities, and provides many services. He invited Council members to a Chamber "mixer" at the Palos Verdes Community Art Center on September 29. rae s In discussing the matter Councilman Heinsheimer asked whether joining the Chamber would be a legitimate expenditure of City funds; the City Attorney said it would. Mayor Crocker said it was his opinion that-kesidents of Rolling Hills were supporting the Chamber through their Community Association assessment. The motion to join the Chamber of Commerce and pay $100 annual dues failed to carry on the following roll call vote: Councilman Heinsheimer moved that the City of Rolling Hills approve expenditure of $100 and join the Chamber of Commerce. The motion seconded by Councilwoman Swanson. AYES- Councilmembers Heinsheimer, Swanson NOES- Councilmen Pernell, Rose, Mayor Crocker ABSENT- None DR. PAUL L. SAFFO, 1 CREST ROAD EAST 992 In a letter dated September 6, 1977 to the Board of Directors and the City Council, Dr. Paul Saffo, 1 Crest Road East, suggested that residents be informed of the cost of replacing vandalized mailboxes and signs, and he suggested that the Community Association include a line item in their assessment to cover vandalism in the community. Mayor Crocker directed that a copy of Dr. Saffo's letter be for- warded to the Sheriff, and that the correspondence be received and filed. CITY OF ROLLING HILLS ESTATES go e In a letter dated August 26, 1977 the Rolling Peter Weber advised that Rolling Hills Estates had appeal by the Pacific Legal Foundation concerning that the Environmental Protection Agency does not -7- Hills Estates Mayor decided to join the the recent ruling have to prepare an 4" 0 c�4 September 12, 1977 Environmental Impact Report on the issue of the Hyperion sludge problem. They asked that other cities in the South Bay area which would be af- fected by the decision consider assisting them in the law suit. The Manager was directed to advise Mayor Weber that the City of Rolling Hills supports Rolling Hills Estates in the matter, but will not participate financially. ' CITY OF ROLLING HILLS ESTATES 1012 A copy of a letter from Rolling Hills Estates to the Torrance Plan- ning Commission was presented to the Council. Harry Peacock, City Manager, stated a concern about the adequacy of a draft environmental impact report concerning a tentative residential project in Torrance. After discussing the matter the Manager was requested to write a letter stating that the Rolling Hills City Council does not consider it appropriate for them to intervene, and that the correspondence be re- ceived and filed. RESOLUTION NO. 393 - DAPPLEGRAY PARK 1033 The City Attorney requested that the resolution be held on the agenda for execution of a hold harmless clause by the Rolling Hills Estates City Attorney. The Mayor so ordered. ORDINANCE NO. 154, INSTALLATION OF FIRE RETARDANT ROOFING 1038 Councilman Rose moved that Ordinance No. 154 entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING ORDINANCE NO. 133 ENTITLED "AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE THE LOS ANGELES COUNTY BUILDING CODE CONTAINED IN THE 1975 EDITION OF THE BUILDING LAWS AS PUBLISHED BY BUILDING NEWS, INC. FOR AND INSTEAD OF THE PRESENT BUILDING CODE, AND MAKING OTHER AMENDMENTS" be adopted, and that reading in full be waived. The ordinance pertains to instal- lation of fire retardant roofing and was introduced at the meeting of August 22, 1977. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None APPOINTMENT TO JUVENILE DIVERSION PROJECT 1065 Councilwoman Swanson moved that Mrs. Caki Greene, 4 Chesterfield Road, be appointed to the Juvenile Diversion Project for one year to fill the vacancy existing since resignation of Mrs. Carole Hoffman. Councilwoman Swanson said she had discussed the appointment with Mrs. Greene, and she was interested and willing to serve. The motion was seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Rose, Swanson, Mayor Crocker NOES: None ABSENT: None ABSTAINED: Councilman Pernell The Manager was directed to write to Mrs. Greene and advise her of the appointment and request a resume for the file. ME September 12, 1977 REPEAL OF URGENCY ORDINANCE NOe U-35 1086 Councilman Heinsheimer said he wished to discuss the action of the Council at the meeting of August 22, 1977 when Ordinance No. 152 was adopted, and was superce4ed later in the same meeting by Ordinance No. U-35, which became effective immediately, rather than in 30 days as re- quired for Ordinance No. 152, Councilman Heinsheimer said he did not approve of the action which adopted the ordinance to apply to a specific case, and in the absence of two members of the Council, Councilman Per- nell said that Council members know of vital issues which will be coming up, and if they expect to be absent from a meeting, they should make their feelings known to the Council. Councilman Rose moved that Ordinance No. U-35 be repealed on the effective date of Ordinance No. 152. Councilman Heinsheimer seconded the motion, The City Attorney advised that there are inconsistencies in Ordinance No. 152 which should be amended. Mayor Crocker requested that the City Attorney present a proposed ordinance at the next meeting which would repeal Ordinance No. U-35 and amend Ordinance No, 152. RAPID TRANSIT DISTRICT REQUEST 1136 Councilwoman Swanson said that at present RTD must carry liability insurance to cover injuries inflicted by one passenger on another pass- enger, in addition to the insurance required for injuries suffered as a passenger of the RTD system, and they have urged that cities write to. the legislature urging that the requirement be eliminated at a saving of approximately one million dollars per year. The Council agreed that Councilwoman Swanson could write as an individual, but declined to act on the matter as a Council, ADJOURNMENT 1190. The meeting was adjourned at 10:55 P.M. APPROVED - Mayor City Clerk