12/12/1977CD
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MINUTES OF THE
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
December:;12;;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,
December 12, 1977.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
CALL TO ORDER . .. .
Councilmembers Heinsheimer, Pernell, Rose, Swanson
Mayor Crocker
None
Teena Clifton
William Kinley
June Cunningham
Douglas McHattie
Mrs. Agnes Moss
Tracy Moss
Michael Kochan
Dr. & Mrs. R. Hoffman
Mrs. C. Kelly
Mrs. B. Raine
K. Tabatabay
Dr. P. Toma
Dr. S. Wolinsky
Mr. & Mrs. L. Wooden
798
City Manager
City Attorney
Deputy City Clerk
South Bay Engineering Corp.
P.V.P. Community Center
Manager, PV Properties
Residents
Mayor Crocker called the meeting to order. and announced that members
of the Council would adjourn to an Executive Session to discuss possible
litigation. The meeting was recessed at 7:35 P.M. and reconvened at 8:15.
APPROVAL"OF MINUTES
The minutes of the meeting of November 28, 1977 were approved and
accepted as amended on a motion made by Councilman Rose, seconded by
Councilman Pernell and carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson
NOES: None
ABSENT: None
ABSTAINED: Mayor Crocker
FINANCIAL REPORT 820
The Financial Report for November 1977 was approved and accepted
as presented on a motion made by Councilwoman Swanson, seconded by
Councilman Rose and carried by the following roll call vote:
AYES:
NOES:
Councilmembers Heinsheimer, Pernell, Rose, :Swanson
Mayor Crocker
None
ABSENT: None
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December 12, 1977
PAYMENT OF BILLS
Councilman Rose moved that Demands No. 6650 through 6703 in the
amount of $35,830.63 be paid from the General Fund with the exception
of Demands Nos. 6668,. 6678, 6679and-6683, which are void. The motion
was seconded;by Councilman Heinsheimer.and carrie by the following
roll .call vote: -.
AYES: Councilmembers Heinsheimer, P.ernell, Rose, Swanson'
NOES: None
ABSENT: None
PROPOSED ANNEXATION TO FLYING TRIANGLE EXTENSION 853
Mr. Douglas McHattie, South Bay Engineering Corporation, posted a
large map colored to show property in the City of Rancho Palos Verdes
owned by Palos Verdes Properties, and a parcel of land consisting of
approximately six acres, proposed by the owner of property in Rolling
Hills known,as the.Flying Triangle Extension to be annexed to that
property. Smaller copies of the map colored to show the proposed An-
nexation were distributed to the Council. Mr. McHattie said the slide
area in Rancho.'Palos Verdes was also.defined on the .large map.
Mr. Michael Kochan, Manager of Palos Verdes Properties, advised
the Council that the present zoning in the area is one unit per acre,
but under Rancho Palos Verdes zoning regulations cluster development
is permitted, which could result in a concentrated development of resi-
dences, surrounded by open area. Mr. Kochan said there are six acres
in the parcel, and it was his opinion that at least five of the parcels
could be developed.
Councilman Rose said that if the property were annexed to the
Flying Triangle'Extension it would come under the RAS -2 zoning in
that area. He.said he felt more information is needed before he would
be ready to vote on the matter. Mayor Crocker said that as stated on
the printed agenda, no action would be taken until Council members made
a field trip to the site. Councilman Pernell said he felt additional
information was needed before'a field trip was scheduled, and he said
he wished to have a presentation showing the advantages and disadvantages
of the proposal. Councilman Heinsheimer agreed that the presentation
should be made before the field trip.
Dr. Richard Hoffman, 73 Portuguese Bend Road, said there is great
concern among the residents of the Flying Triangle about the proposal,
and he asked that good communication be developed between the Council
and those residents, so that everyone can be fully informed. Dr.
Hoffman noted that the map did not show a green belt in the proposal,
and he said the annexation could set a dangerous precedent for Rolling
Hills.
A letter dated December 12, 1977 from Dr. Larry Kelly, 2 Pinto Road,
was read into the record by Mayor Crocker. Dr. Kelly said the impact of
the proposed 19+ acre subdivision on the Flying Triangle cannot be ade-
quately analyzed, and there are several vacant parcels in the Flying
Triangle which will be developed in the near future. Development of
the combined acreage may put a strain on the roads and en-iironment of
the Flying Triangle, and Dr. Kelly said that at this time he would oppose
annexation of six additional acres to the Flying Triangle Extension. Mr..
McHattie advised the Council that the land in the existing Flying Triangle
Extenaiori will -be developed into sovgn, parce.la , ` and, -if '.the additional ` land
id annexedi,only two more lots could.be added under zoning regulations in
the Flying Triangle.
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',.t:_December 12, 1977
the,,,City; could
negotiate the total n=ber;;--.*f'
4-qYel;pp--ed. as a-condigloq.—
of approving the annexation. Mr. Kinley said -it could not be done
as a t4,om' -,but-.,
into -a
coven,ant-,,cjwi:e,li,,,,the-,--o,wner-,y,-t.eg:ard-ing the- ;-total;- number ,-of -lots to be,.
deve,Ae,-A Jbpixiv,e�xchange�.,f o'r'-.app:ro.val-- _ =she =annexation,, and, a: similar.,,,,.,,,,
M� ,
covenan�t,':,Ic t -q� y; s Conpur�i°ty
Assoi,adivation �wtith.,_rp deedrestrictions
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Councilman Pernell said he would oppose basing the approval
01- E,
annexation sdIdly on the ngmberi ;felt Counctl,ahould-
L.A I . 1, 1 -hp, _Ea, - _ ... I - -
wait for the applicant to�-sj�6dify-'"thd"niimb'i�'it�'-df"-'Ib-t-s-iti-'-an,app.L3.ca�i3..O,n-
to subdivide --,the: proper.ty,,_since an additional acreage !annexed would
any
become,lp.Ar.t of-ithe,-Flyiii. '..,.Triangle Extension. Councilman Heinsheimer
said the Council i-s.congide.-ring an .initial proposal,, not a subdivision
map, and, the ,-,,,ma-ta;er,,should:,.not be referred to the Planning Commission
(0 until * �It; i -s- 'demonstrated toi the Council that the annexation would e "
CO in the beat.-Anterest of -the community. Councilwomafi Swanson asked
0 about geology in the area. Mr. Kochan and Mr. McHattie said tfie-geol'
ogy
report -:for the entire area was prepared by Converse, Davis and Associ-
ate.s.. Mayor Crocker said that at the appropriate time a member of their
staff would be asked to attend a Council meeting to discuss the geology.,.
Mayor -Crocker said the Council needs the.opinion of Co ' unty Road',.
Department staff regarding the capacity of Portuguese Bend Road, espe-
cially if an additional burden 'is put on the road by further development
of properties. Councilman Heinsheimer suggested that the Road Department
ber:asked to'comment on other access to the property, also. Mrs. Clifton
said she had discussed the matter briefly with the City Manager of Rancho
Palos Verdes, and would be willing to meet again with Mr. Wood and with
members of the Rancho Palos Verdes Planning staff to discuss the matter
further. Councilwoman Swanson said the burden of proof should be on the
owner, and there should be no cast to Rolling Hills at this time, inclu-
ding staff time. Mayor Crocker said it is important for Rolling Hills
to be fully informed'in the matter, including the density)propesed'for*
development in Rancho Palos Verdes adjacent to the property under consid-
eration, capacity of the roads, access, costs involved, so that the Plan-
ning Commission can have that information if requested by the Council to
review the matter.
.'.C.0ouncilm'an Rose moved -that the proposed -annexation of land to the
Fly',in&=Tr%iangle Extension be referred to the Planning Commission with a
request -,that they use their discretion about what information and staff
times tHey' -, need -in order .to make a recommendation to the Council. The ,
motion was seconded by Councilman Pernell and carried by the following
-AY
!ES-" -Councilmembers Heinsheimer, Pernell, Rose, Swanson
Mayor ,Crocker
NOES: None
f.,ABSENT: None
Mayor Crocker directed that the matter be referred to the Planning
-,-Commission with a copy -of - the ---City- Council-- minute's and a request that--the--
Commission consider geology, traffic and feasibility of the proposed an-
nexation to the Flying Triangle Extension. Further, the Mayor said he
wished the Commission to state the total number of lots which they can
foresee as the final number of lots to be developed in the area. Council-
man Pernell said that since there are 200 acres in Rancho Palos Verdes
contiguous to Rolling Hills, annexation of seven acres would constitute
only 3% of the total, and'it was his feeling that Rolling Hills 'should not
spend any staff time on the"matter until additional information is avail-
able. The City Manager was requested to make the geology report available
to the Planning Commission, as well as services of a qualified engineering
geologist, since Councilwoman Swanson has expressed concerns about safety
and stability in the area. Mrs. Clifton explained that the County Engin-
eering Geologist Hills on a contractual basis. Councilman
Rose said he
- _ Z - - thought the ogist serves R -feasibility- -of - _annexation --sli6ul-d--be--considered.
Councilman Heinsheimer asked about the procedure for annexation, and Mr.
.Kinley said it would be necessary to obtain thelegaldescription of the
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December 12, 1977
property, and to have resolutions of de-annekatior/annexation prepared
for submittal to the Los Angeles Formation Committee.
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Mrs. Carole Hoffman asked that. all-residents!,be advised in the
Newsletter about the date's -'of meetings,''at which. the matter will be con-
sidered,,r and that- residents'.:of t.the Flying.. Triangle be consulted and be
permitted to contribute to :the �A stussions% -Mayor. Crocker said. the
Planning Commission agenda' wou1d'� ,,b'e 'printed .int the :Newsletter, and. the
residents would be advised of any public hearings.
DRAINAGE PROBLEM, DR. SAM WOLINSKY, 8 REATA LANE 1182
Mayor Crocker asked the City Attorney to report on the executive
session held by the Council to. consider the Wolinsky drainage problem.
Mr. Kinley reported that he had carefully reviewed all available in-
formation regarding the drainage on Lots 22-B and 17-D, owned by Dr.
Wolinsky, using records which date back to 1960, maps which were pre-
pared in 1956, and a report from South Bay Engineering Corporation as
to what the surface flow of water is in the area under discussion.
After. -reviewing all the information, Mr. Kinley said he applied the
facts= itd: k.,the!,- law as:--'he,-.read-s:-.it,- -and is of the opinion that the City's .
,liability for the drainage problem on the Wolinsky property is nil, and
he suggested to the Council that he be authorized to confer with Dr.
Wolinsky's attorney to explore settling the matter on a basis which
would be satisfactory to Dr. Wolinsky and his attorney.
Councilman Rose moved that the Council accept Mr. Kinley's recom-
mendation and authorize him to enter into such negotiation. The motion
`gas seconded by Mayor Crocker and carried by the following roll call
vote:
AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson
Mayor Crocker
NOES: None
ABSENT: None
PALOS VERDES PENINSULA COMMUNITY CENTER 1207
Mrs. Agnes Moss, Chairwoman of the Steering Committee for a Palos
Verdes Peninsula Community Center, addressed the Council and requested
support for development of a Palos Verdes Peninsula Community Center..
Total peninsula population is approximately 70,000, Mrs. Moss said, and
development of needed facilities should be supported by all cities on
the Peninsula. There are a number of locations which might be available
which meet the criteria of being close to the center of the Peninsula
and to transportation, and there are a variety of sources for funding,
including State and Federal funding, as well as support which is'alti-
cipated from cities, industries and individuals, Mrs. Morse said.
Councilman Pernell said that when similar concepts for a community
center were presented in the past it was the consensus of persons con-
tacted in Rolling Hills that such a facility was not needed, and he
asked whether a feasibility study on the need for a community center
had been done. Mrs. Moss said extensive studies were conducted which
indicate that there is a need, not by the individual cities, but by
the community.
oune'i:7mn Rot errerdz:t.Y.th
�Yt,aotd -'in ' s-uppnzira�df ,thea cbft ixirf
b 1ity.JD- ci�`ueTop:ing
FCouncilman Heinsheimer and carried
RoYling
,on
HEF41 —`''`'Tlk �:. �" wa econded by
by the following roll call vote:
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December 12, 1977
AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson
Mayor Crocker
NOES:. None
ABSENT: None
Councilman Heinsheimer suggested that Councilwoman Swanson be
appointed as liaison member of the Council to represent Rolling Hills
in the study. The Mayor so ordered, and Councilwoman Swanson agreed.
DR. PAUL TDMA, 5 CREST ROAD WEST 1299
The City Manager advised the Council. that Dr. Paul Toma, 5 Crest
Road West, had entered into an escrow agreement to sell his property
to Mr. Kewmars Tabatabay, and they were present at the meeting to re -
(.0 quest relief from conditions of approval imposed by the Planning Com -
(o mission on December 28, 1965.
O Mrs. Clifton read into the record a letter dated January 11, 1966
Q executed by William Kinley, City Attorney, Paul Toma and Catherine Toma,
Q which stated that the Planning Commission had granted a variance which
Q would permit the Tomas to retain on Lot 55-B, Miscellaneous Parcels, a
servants quarters with kitchen facilities upon condition that the build-
ing shall be occupied by servants only; the variance shall exist only
as long as the Tomas, or either of them, are owners of the fee title to
said property and would terminate when the property was conveyed or
leased to anew owner or lessee; that ten days' notice in writing be
given to the Rolling Hills Planning Commission prior to sale or lease
of the property of the intention to sell or lease, and prior to the
'=-?aof the property all kitchen facilities in the accessory build-
ing would have to be removed; and that the applicants agreed that there
would never be -more than one family residence on the property, or occu-
pied by more than one family, except in accordance with conditions set
forth in the granting of the variance.
Councilman Pernell stated that although he was on the Planning
Commission when the variance was granted, he and Dr. Toma have become
friends in the intervening years and he wished to abstain from the
discussion. Councilman Heinsheimer said he would consider it unfair
for the Council to waive the conditions imposed by the Planning Commis-
sion when the variance was granted in view of recent decisions of the
Council and Commission which have upheld the requiremetns of the building
regulations and zoning ordinance. Mayor Crocker agreed that the Council
should not grant relief in this case without following established pro-
cedures.
Mr. Kinley advised Dr. Toma and Mr. Tabatabay that the new owner
could apply to the Planning Commission for a conditional use permit, but
the original permit given by the Planning Commission in 1965 was valid
only until the property was sold, and under conditions pet forth in the
letter signed by the Tomas, the kitchen would have to be removed before
title to the property is transferred.
DR. iRONALD, SOMMER, 2.POPPYTRAIL 1442
In a letter to the Council dated December 4, 1977 Dr. Ronald Sommer
advised that at the lower portion of his property at 2 Poppytrail is an
area of approximately one acre purchased by the City from the previous
owner, Bob Dunn, for a Western riding ring. Dr. Sommer said that at the
present time the area is overgrown by weeds and dry brush, and he reques-
ted permission to clear the brush and to plant trees and shrubs in the
area to be maintained by him.
Councilman Rose moved that the Council grant Dr. Sommer's request
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December 12, 1977
9
to clear the brush and landscape the area, subject to approval of a
landscape plan by the City Council prior to implementation. The motion
was seconded by Councilwoman Swanson and carried by the following roll
call vote:
AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson
Mayor Crocker
NOES: None
ABSENT: None
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT 1474
In a letter to the City Manager dated November 28, 1977 from Los
Angeles County Flood Control District, Mr. Ko We Kummerfeld, Division
Engineer, advised that correction of a posting error in the account
for the 1970 Bond Issue Project No. 6650, Unit 2, eliminated the pre-
viously indicated balance of $1,007 in the project account. The letter
was received and filed.
RIDING RING,' LOT 7, TRACT 29383, CLIFTON HIX 1490
The Manager reported that she.had attempted to obtain three
estimates for a drainage line in the riding ring on Lot 7 on Buggy-,
whip Drive as recommended by Mr. E. Le Pearson. Two of the persons
contacted responded, and the Manager presented bids as follows:.
Install storm drain per plan southwest corner of arena to existing
ditch below, approximately 60 feet, 12" CMP: Chet Kohler Construction -
$1800; Atlas Cesspool Service - $3200. Mrs. Clifton said Mr. and Mrs.
Hix will pay cash for the drain installation, with the understanding
that the bond in the amount of $9700 for labor and materials and $4850
for faithful''performance posted by them for the ririg .will be released.
A motion to accept the bid submitted by Chet Kohler Construction
Company in the amount of $1800 and to'releage the'bond-posted by Mr.'
and Mrs. Hix upon receipt of their deposit to cover the cost of instal-
lation of the drainage line was made by Councilman Rose, 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 advise Mr. and Mrs. Hix of the amount
of cash required, and that the bond would be released when the money
is deposited.
INSTALLATION OF POLE ON EASTFIELD DRIVE 1505
Councilman Rose said that after viewing the Leeuwenburgh property
at 12 Eastfield Drive and the Gauvreau property at 2 Roundup Road, he.
would not be in favor of approving installation of a power pole between
the properties. Mayor Crocker and other members of the Council agreed
that the matter of service, which has been disrupted because of an ex-
tensive addition to the Leeuwenburgh property which required that under-
ground utilities be installed, should be worked out between the residents
involved and the contractor. The Mayor ordered the matter removed from
the agenda until the residents are ready to report further on the matter.,'
IM
December 12, 19-77
COUNTY -CITY CONTRACT COMMITTEE MEETING 1550
Councilwoman Swanson reported that she attended the County -City
Contract Meeting on November 30, 1977° Most of the cities represented
at the meeting felt that the District Attorney does not always enforce
their. regulations satisfactorily, she reported, and they were assured
that the Deputy District Attorney would assist in enforcement, especial-
ly the animal control ordinance. Councilwoman Swanson suggested that the
City Manager be requested to present a written report at the next meeting
regarding the final action of the District Attorney in recent complaints
by the City of Rolling Hills of violations of Ordinance No. 143 with re-
gard to the number of dogs permitted.
RUBBISH FRANCHISE 1619
Councilwoman Swanson said she wished to address a problem she and
(0 other residents are experiencing with Browning-Ferris Industries, the
(.0 company with which the City contracts for ztibb sh service.
Mayor Crocker said that in most cases the terms of the contract are
Q specific, and arrangements can be -made with the company for additional
Q services which may be required, at additional cost to the residents
Q Councilman Heinsheimer said the telephone number has- been made available
to residents and complaints should be made directly to the rubbish ser-
vice, rather than to City staff.
PROPOSED PENINSULA COUNTY 1665
Councilman Rose said he was contacted by Councilman Jerry Belsky
of Rolling Hills Estates regarding the proposed peninsula county;:;.and
was advised that the City of Rolling Hills Estates intends to express
their opposition to the proposal at the meeting to the County Formation
Review Commission for Proposed Peninsula County on January 11, 19780"
Councilwoman Swanson said she had also been contacted by Rolling Hills
Estates Councilwoman Nell Mirels on the matter.
Councilman Rose said that if there is a Peninsula County, it should
contain all four Peninsula cities; any new county which breaks off from
Los Angeles County should contain all four cities, rather than Palos
Verdes Estates in one County and the other three cities in another
county, as currently proposed.
Following discussion of the matter, Councilman Rose moved that the
Rolling Hills City Council oppose a peninsula county as presently pro-
posed, which would include Rancho Palos Verdes, Rolling Hills and Rolling
Hills Estates, and would not include Palos Verdes Estates. The motion
was seconded by Mayor Crocker and carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson
Mayor Crocker
NOES: None
ABSENT: None
Councilman Heinsheimer suggested that Chairperson Robert Mallano
of the County Formation Review Commission, Councilman Belsky and other
interested parties be advised that the Rolling Hills City Council is of
the opinion that it is not in the best interest of the community for the
Council to support a move to form a new county. Councilwoman Swanson
suggested that Councilman Heinsheimer represent Rolling Hills at the
meeting of the County Formation Review Commission on January 11. Coun-
cilman Heinsheimer said he would be willing to do so, if time permits;
otherwise he would participate to the extent possible, and make his in-
formation available to another member of the Council who may be able to
attend the meeting.
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,.December 12, 1977
ORDINANCE NO. 155; -1766 _ ..
Councilman; He11 in'shei:mer moved that..Ordinance No. 155 entitled AN
ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING ORDINANCE NO. 33 EN
TITLED "AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, PROVIDING
FOR ZONING IN SAID CITY which was originally introduced on November 14',.-
1977 and subsequently amended, be introduced as amended, and that reading
in full be waived. The motion was seconded by Councilman Rose and car-
ried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson
Mayor Crocker
NOES: None
ABSENT: None
REMOVAL OF ADDITIONAL UTILITY POLE 1790
Councilman Pernell said that while on a field trip to the Leeuwen-
burgh and Gauvreau properties he noticed that there is another pole on
the Wiater property which could possible be'removed, and he asked that
the City Manager investigate the possibility and report to the Council.
UNAUTHORIZED GRADING AND PAVING ON OLSON PROPERTY, ROUNDUP ROAD, 1794
Councilman Pernell asked whether anything had been done about un-
authorized grading and paving on the Olson property at 5 Roundup Road.
The Manager said a letter had been written. Councilman Pernell said
:approximately 2,000 square feet of paving had been installed to park a
r,e:creation vehicle, and he suggested that the matter of off-street park-.
ing of recreational vehicles be considered by the Traffic Commission at
their next meeting.
CONSTRUCTION ON BURKE PROPERTY, 33 CREST ROAD EAST 1815
Mrs. Clifton reported that Mr. Dan Burke had advised her that he
would apply to the Planning Commission for a conditional use permit for
a paddle tennis court at the January meeting, since he was unable to
meet the time constraints for the December meeting, which was held
early because of quorum problems. Further, Mrs. Clifton said South Bay
Engineering Corporation had been hired at the request of the Rolling
Hills Community Association to determine the elevation of the residence,
and whether it was'.built-accotding to plan.
SURVEY OF ROADS FOR SAFETY PURPOSES 1860
The Manager reported that she was advised by the Automobile Club
that the requested survey of roads in Rolling Hills for safety purposes
was beyond their scope, and she asked for authorization to make the re-
quest of the County Road Department. Authorization to proceed was given
unanimously by the Council.
CONSTRUCTION ON JOHNS -CANYON ROAD 1869
Councilman Heinsheimer asked that .the City's Building Inspector
be asked to make'an inspection of residence construction on property
at 8 Johns Canyon Road and make a report to the Manager.
PUBLIC HEARINGS 07 (1-3)
The City Attorney requested that public hearings be scheduled for
new ordinances adopting the County's Building Code, Mechanical Code and
Plumbing Code. Mayor Crocker said it has been determined that there
would not be a quorum of members available for the next regular Council
meeting on December 27, and the public hearings were scheduled for the
first regular meeting in January.
December 12, 1977
NEW SUBDIVISION ORDINANCE 9
Mr. Kinley said a new subdivision ordinance is ready for review,
and copies will be sent to the Planning Commission members for comment.
REQUEST FOR STOP SIGN AT EASTFIELD GATE 13
Councilwoman Swanson said one of the members of the Rolling Hills
Traffic Commission has recommended that a stop sign be installed in the
in -bound lane at the Eastfield Gate, and she asked that the matter be
scheduled for discussion at the meeting of the Traffic Commission.
ADJOURNMENT 25
There being no further business to come before the Council,. Mayor
Crocker adjourned the meeting at 10:25 P.M., to reconvene on Monday,
(.0 January 9, 1978 at 7:30 P.M.
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