2/27/1978M
MINUTES OF THE
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILL, CALIFORNIA
February 27,1978
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, February 27, 1978,
ROLL CALL
PRESENT: Councilmembers Heinsheimer, Pernell,
Swanson, Mayor Crocker
ABSENT,. Councilman Rose
ALSO PRESENT,. Teena Clifton
City Manager
Peggy Minor
Secretary
Norman Rasmussen
Attorney
Larry Tracy
Attorney
Mike Kochan
Palos Verdes
Properties
Dr. & Mrs. Larry Kelly -Residents
Mr. and Mrs. George Barr
Residents
Mr. and Mrs. Charles
Thornton
Residents
Mr. and Mrs.•Ron.Barak
Residents
Mr. and Mrs. Andy Peterson
Residents
Mr. and Mrs. James Biby
Residents
Caro:le.Hoffman
Resident
Forrest Riegel
Resident
.Patty Hansen
Resident
Peggy Stoker
Resident
Kip Goldreyer
Resident
Herb Webb
Resident
Eric Heinshea-mer
Resident
H. Heinsheiiner
Resident
id Kunda
Resident.
Michael Weller
Resident
Flora Hummel
Resident
Juanita Crane
Resident
Velma Matthews
Resident
Beverly Pernell
Resident
Helen, Lin, Mary Lou
Crocker
Residents
John Farrow
Resident
Jan : B'. Terry
Resident
Veronica Basque
Resident
Ailsa Lyle
Resident.
R. A. and Helen Meurer
Residents
Mr. and Mrs. H. Prodromides
• Residents
L. A. Wooden
Resident
Doug Mc Hattie
Civil Engineer
Other residents not identified
Lorenzo Courtright
City Treasurer
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APPROVAL OF MINUTES
The minutes of the meeting of February 6, 1978 were approved as
corrected and accepted on a motion made by Councilman Heinsheimer,
seconded by Councilmember Swanson and carried unanimously.
FINANCIAL REPORT
Councilwoman Swanson and City Treasurer Courtright presented
financial report dated January 31, 1978, Mrs. Swanson explaining
different line items in detail, recommending that the report be
accepted and approved. It was moved by Councilman Heinsheimer, second-
ed by Councilman Pernell and carried by -the following roll call vote
that the report be approved and accepted as presented:
Ayes: Councilmembers Heinsheimer, Pernell, Swanson, Mayor
Crocker
Absent: Councilman Rose
PAYMENT OF BILLS
Councilman Heinsheimer moved that Demands No. 6833 through 6872
in the amount of $17,949.66, with the exception of Demand No. 6871 which
was voided, be paid from the General Fund. The motion was seconded by
Councilwoman Swanson and carried by the following roll call vote:
Ayes: Councilmembers Heinsheimer, Pernell, Swanson, Mayor
Crocker
Absent: Councilman Rose
APPOINTMENT TO ENVIRONMENTAL QUALITY BOARD
Mayor Crocker stated that letters expressing interest in the
Environmental Quality Board vacancy have been received from Grace A.
Nixon, Robert Kercheval, David W. Croft and Veronica Basque. Council-
man Pernell indicated gratitide for the excellent response and requested
the matter held on the agenda for Chairman Pernell's review.
SWIMMING POOL SAFETY - URGENCY ORDINANCE NO. U-36 1-181
Mrs. Suzanne Thornton, 7 Williamsburg Lane, appeared before the
Council, stating that she has recently been very concerned for safety
of children in the community due to the lack of a requirement that
swimming pools be fenced, citing the recent tragic pool accident in
which young Jeffrey Doughty was involved and which had prompted her to
circulate a petition, in the community. She presented a statement
entitled "Help Save Our Children"which was signed by signatures
representing fourteen (14) Rolling Hills families who agree with her
concerns.
Several residents expressed opinions both for and against the
requirement that pools be fenced and following the discussion, Mayor
Crocker'requested'.a show of hands, then declaring that residents
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February 27, 1978
appear to be evenly divided as to opinions that the burden should be
on persons with children to fence them into their own yards vs. those
who felt that pool owners should provide a fence on individual pools.
Councilman Heinshe,imer stated that the Council encourages
residents to provide pool safety and in a.n.effort to assist them in
securing the necessary permits without delay, he moved that the Council
adopt an Urgency Ordinance No. U-36 amending Section 1.25 of Ordinance
33 as follows:
"Section 1.25: Structure Walls, Fences. A.nytb1ng:constr.ucted.,or
erected and the use of which requires more or less permanent location
on the ground or attachment to something having a permanent location on
the ground, but not including walls and fences nor other improvements
of a minor character, nor safety fences surrounding swimming pools
which meet safety and design standards of the building code."
The motion was seconded by Mayor Crocker and carried by the
following roll call vote:
Ayes: Councilmbmers Heinsheimer, Pernell, Swanson, Mayor
Crocker
Absent: Councilman Rose
Councilman Crocker requested the Manager to notify residents in
the Newsletter that all property owners desiring- to"fence .their: --poo.] s
should apply to the Community Association with regard to the design
and esthetic considerations to comply with regulations governed by
the Association.
Mayor Crocker assured the residents of the Council's concern-,
stating that the Council's legal counsel, William Kinley, will review
the matter with possible refinement of the Urgency Ordinance at the
next meeting with a public hearing scheduled next month to discuss the
matter of requiring'fencing on all pools. Ordered held on the agenda.
UNEMPLOYMENT INSURANCE PROGRAM 403
City Treasurer Courtright stated that effective January 1, 1978
all cities are required to provide unemployment insurance for emploYees;
there are various plans offered which have been studied by staff and
Councilwoman Swanson and their recommendation is that the Council elect
the option which is called "Local Public Entity Employees Fund", and
that the Council take no action as the state law provides that the City
will automatically fall under the kind of insurance program that they
believe to be the best.
Councilman Heinsheimer moved that the Council approve the recom-
mendation as proposed. The motion was seconded by Councilwoman Swanson
and carried by the following roll call vote:
Ayes: Councilmembers Heinsheimer, Swanson, Mayor Crocker
Abstained: Councilman Pernell
Absent: Councilman Rose
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February 27, .1978
APPLICATION TO KEEP MORE THAN THREE DOGS_ 415
The Mayor'stated that -the Council .will- consider an application
from Mrs. Velma Matthews, 11 Cinchring Road, for permission to keep
more than three dogs under Article XIII, =Ordinance .No. 143, and asked
if there were any objections received -to. th'erequest. The Manager
reportedthat.,no objections
Councilman Heinsheimer'moved that the late filing of the applica-
tion by Mrs. Matthews for permission to keep more than three dogs be
accepted.. The.motion was seconded by Councilman Pernell and carried
by the following roll call vote:
Ayes: Councilmembers Heinsheimer, Pernell,.Swanson, Mayor
Crocker
Absent: Councilman Rose
FLYING TRIANGLE EXTENSION
422
The Council received for the record a letter dated February 21,
1978 from.Lowell A. Wooden, submitting a proposed Tentative Tract map
for development of 25 acres known as the Flying Triangle Extension,
requesting that the' Council approve annexation of the 6.08 acres that
is adjacent to an existing 19 acres' owned by him.
Mayor Crocker stated that a great amount of material has recently
been received by the Council concerning the proposal which includes a
brief and legal opinion from the City' Attorney, William Kinley,. indicat-
ing his opinion that Palos Verdes Properties, the current owner of the
6.08 acre parcel, has legal access to the parcel through Rolling Hills
roads.'
Mrs. Carole Hoffman, 73 Portuguese Bend Road, appeared before
the CoLincil as a representative of property owners in the Flying
Triangle area; stating that although residents desire as little
development as possible, if access is determined to be through Rolling
Hills easements, the residents would want it to be a part of Rolling
Hills, however, they questioned interpretation made by the legal
counsel and indicated that they had been in discussion with an attorney
with regard toanother opinion. She requested that copies of all docu-
ments,available to the Council be provided for their- study.
Forrest Riegel, Chairman of the Planning Comiriission� stated that
informal discussions had been held with respect to the annexation and,
the Commission felt there was no advantage to annexing the parcel if
access is not through Rolling Hills; that the Commission wanted to see
tentative proposals of a 19 acre subdivision as well as the 25 acres.
Mr. Riegel stated than if access exists, he personally felt the
annexation should be made.
Mrs. Clifton reported that Councilman Rose had advised her by
telephone -today that if it is determined that access exists through
Rolling Hills roads, the Council should annex the six acres if Palos
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February 27, 1978
Verdes Properties will agree to`release all access`claims to any part
of the community as previously- discussed by the City Council with
Larry Tracy, Legal Counsel for.Palos Verdes Properties.
In reply to questions from Councilmembers, Larry Tracy stated
that formal application for annexing the six acres would not be made by
them; that the City should make that decision. Mr. Tracy expressed
his agreement with Mr. William�Kinley, the Council's legal counsel,
in that Palos Verdes Properties does have easements through Rolling
Hill.s roads to the six acre parcel. He further stated that Mr. Wooden
needs to have a decision soon with respect to the annexation in order
to determine if the subdivision will -be 19 or 25 acres as the delay
will cause additional financial considerations. He -further stated
that if any conditions were placed on the annexation by Rancho Palos
Verdes or LAFCO tahich were not acceptable to Palos.Verdes Properties
that the corporation would reserve the right to,withdraw its support
of the annexation.
Following discussion, Councilman Heinsheimer requested a consensus
of opinion from the Council that if access can be demonstrated the
Council should proceed with annexation proceedings.- Councilwoman
Swanson stated that she could not vote as there were other contingencies
involved. Councilmembers Pernell and Crocker agreed that annexation
should proceed if access is demonstrated. Thereafter, Councilman Hein-
sheimer moved that the Council schedule a public hearing that reviews
merits as to the issue of access only and make a finding as to whether
the six acres does have access through the City of Rolling Hills, re-
questing written briefs -by All' -interested parties tolbe submitted to
the Council and made available for all interested parties at the City
Hall no later than 7 days before that hearing; briefs and hearing
limi-te"d-to the issue of access and that the finding of the Council be
made and annexation decision proceed forthwith based on those findings.
The motion was seconded by Mayor Crocker and carried by the following
roll call vote:
Ayes: Councilmembers Heinsheimer, Pennell, Mayor Crocker
Noes., Councilmember Swanson
Absent: Councilman Rose
Councilmembers agreed that the public hearing date be scheduled
for March 27th, and noting that a great volume of "information must be
analyzed to provide an alternative legal opinion; directed that all
documentation pertaining to legal -access be made available one week
from today. Mayor Crocker further stated that normal Newsletter
notice of the hearing would occur and requested the Planning Commission
Chairman to discuss, if time permits, the question of access with the
Commission and give advice to the Council.
Councilmember Swanson presented a letter dated February 27, 1978
from Mr. and -Mrs. Don Borden; 63 Portuguese Bend Road, requesting the
Council to consider very carefully the annexation matter. The letter
was received for the record
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Larry Kelly, 2 Pinto, expressed concern that a road feasibility
study has not been made, Mayor Crocker stated that a road study would
be done as a part of the subdivision which was not an issue at the
present time; however, he directed that study be made of the South
Portuguese Bend Road first when the road survey is made by the City
and that residents be notified when the study is available. The
City Manager- assured the Mayor- that it would be done and had been so
directed to the Road Department who will do the study,
TRACT N9, 3225E - ROGER ME_
970
The Mayor stated that prior to leaving the meeting this evening,
Mr. Roger Meurer had requested that the matter involving his subdivi-
sion.be discussed at a later time. Mr: Norman Rasmussen, legal
counsel representing Mr. John Farrow, and Mr. Farrow objected, stating
that they were not advised of Mr. Meurer's request and expected the
matter to be discussed. The Mayor apologized, stating that he was not
aware of their presence and requested that Mr. Meurer be telephoned
-and given an opportunity to return to the meeting. The secretary
called Mr. Meurer and reported that Mr. Meurer did not intend to return
to the meeting as he felt he would have nothing to contribute to -.the
discussion.
-Farrow and his attorney discussed the proposal and -expressed
objections that a roadside trail be provided on the Farrow property
due to'top'ographical conditions existing on the Meurer property which
is being du -1 divided. Mr. Farrow presented a map showing existing trails
in .the Blackwater`.Canyon area and a letter dated December 15, 1977
addressed'to the Planning Commission. A letter dated February 20, 1978
from John G. Rowe, President of Caballeros, advised that the Caballeros
Board is'unanimous in its objection to a release of the subdividers.
commitment'to.construct a 10 -foot wide level area adjacent to the road-
side as shown on approved plans.
Mrs. Clifton, City Manager, reported that she and Mr. William
Kinley, Association Legal Counsel, had viewed the area and believe that
a trail placed in front of the Farrow property would be dangerous and
serve no purpose as it does not connect to other trails.
..Councilman Heinsheimer moved, for purposes of discussion, that
the matter be resolved by dropping the requirement for a trail-,.to-the
placed in the easement on Mr. Farrow's property. Councilman Pernell
seconded the motion. Mayor Crocker requested Mr. Forrest Riegel,
Caballeros member and Planning Commission Chairman, to clarify the
request that a trail be provided on the Farrow property if it does not
connect with a trail. Mr. Riegel stated that Caballeros is not
recommending any expense to be made to continue the trail on Mr. Farrow's
property; however, it has been the practice for subdividers to provide
a 10' level unpaved area adjacent to the road to keep horses from
walking on the road with the possibility of connecting unpaved area as
future subdivisions occur.
Mayor Crocker.stated that if Mr..Farrow is unwilling to place a
.trail on his property as a part of the Meurer subdivision, the Council
would not impose the condition. Thereafter, Councilman Pernell roved
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February 27, 1978
that the motion be tabled. The motion was seconded by Mayor Crocker
and carried by the following roll call vote:
Ayes: Councilmembers Heinsheimer, Pernell, Swanson, Mayor
Crocker
Ab§ent: Councilman Rose
Following discussion in which Mr. Farrow expressed objection to
grading and construction of a retiiri.iig `wall on. his'pr:o'p&--rc' y. ' 1'—
Crocker moved that assuming the fact that there is no easement ekisting
on the Farrow property sufficient for construction of a trail, Mr.
Farrow be absolved of any responsibility to bear the burden of the
trail as a condition of the Meurer Subdivision, the decision in no way
releasing the subdivider of his responsibility to satisfy trail
requirements. The motion was seconded by Councilman Heinsheimer and
carried by the following roll call vote:
Ayes: Councilmembers Heinsheimer, Swanson, Mayor Crocker
Noes:- Councilman Pernell
Absent: Councilman Rose
Councilman Pernell explained his vote, stating that although he
did not believe a trail could rightly be developed on the Farrow property,
the manner in which the decision was made places the Council in a
difficult position as the Council had previously assured Mr: Meurer
thaj if a 10' trail could be developed on the Farrow property the
condition imposed upon the subdivision would be met.
Mayor Crocker requested that Mr. Mehir.er be!advised of the decision
and tha-t he should provide an alternative trail to comply with subdivision
requirements which can be considered at the next meeting. Mrs. Clifton
sugested that Mr. Meurer study the matter with Mrs. Kip Goldreyer, trail
liaison representative from the Board of Directors. The Council directed
that Mr. Meurer be so advised.
COUNTY -`FORMATION REVIEW COMMISSION FOR PROPOSED PENINSULA COUNTY 1290
Ordered held on agenda pending further reports.
REVIEW OF ORDINANCE NO. 147 - GRADING PERMITS 1297
Held for discussion with Board of Directors of the Rolling Hills
Community Association at joint meeting.
BFI - RUBBISH COLLECTION STATUS REPORT1300
M . m Beverly Perfiell, `15 Flying Mane .Road, :expressed di§sat*i§fsction
in ser -trice.. provided by.,.the rubbish'.company in that they have not collect-
ed tree clipping bundles from her residence.
Councilman Pernell requested that the information oncerning the
4' bundle collection provision be placed in the Newsletter.
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February 27, 1978
SCAG'S REGIONAL HOUSING ALLOCATION MODEL - UPDATE 1351
The Manager reported that a response had not been received.from
the City�Counsel_`s letter_. Held on agenda..
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TRACT 33322 06, S &_S CONSTRUCTION CO. SANN PE LL,R.P.V. 1365-
Ordered held on agenda.
RESOLUTION NO. 399 -911 EMERGENCY TELEPHONE SYSTEM 1374
Ordered held on agenda.
PROPOSED RESOLUTION - ESTABLISHING A DEFERRED 1380
,.. ION PLAN .
(0 COMPENSAT '
0 The Manager reported that the City Attorney will review data and
report to the Council. Ordered held on the agenda pending report from
Q City Attorney.
Q
Q CONSTRUCTION ON..BURKE PROPERTY - 33 CREST ROAD EAST 1381
The Manager reported that the stipulation concerning Burke
con$truction does not clarify if occupancy can be madeof the Burke
residence prior to decision concerning the paddle tennis court construc-
tion. The Council directed the Manager to -ascertain if the residence
is in compliance with -'Ordinances and if so, permit occupancy upon final
inspection approval.
RECOMMENDATION FOR.FI.LLING.VACANCY ON LAFCO 1400
Councilwoman Swanson requested councilmembers to advise her of
recommendations for filling vacancy.
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APPLICATION FEES
1408
Councilwoman Swanson proposed that a fee schedule be discussed
for applications for^such-an annexation and other items which involve
a -,tremendous amount of staff and council time. 'Councilmembers concurred
with=the suggestion and requested the Manager to provide a recommenda-
tion for.consideration.
TRASH... BINS 1412
Councilwoman Swanson requested the Council to review a resident's
regyest to permit a trash bin location on their property without
complying with the Community Association's requirement that esthetic
conditions be met. Councilmembers suggested that the matter be discussed
with the Board of Directors at the joint meeting with the Board.
ST. -PATRICK'S RIDE
1439
Councilwoman Swanson advised that although trails are in very
poor condition, a St. Patrick's ride is planned. The Mayor suggested
that concern be expressed to the Community Association.
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February 27, 1978
STORM DAMAGE EXPENSE
1464
The Council directed the Manager to provide emergency tree re-
moval and storm damage repairs from unbudgeted expenses and to provide
the Council with a report of -the damage for the next meeting.
BURGLARY REPORT - LOS ANGELES COUNTY SHERIFF 1450
The Manager presented a Burglary Report dated fiscal 1977/78 pre-
pared by the Los Angeles County Sheriff relating statistical analysis
of the burglary situation in each of the four cities serviced by the
Lomita Station. The Manager reported that a fingerprint expert will
now be on duty at the Lomita Station.
PALOS VERDES DRIVE NORTH IMPROVEMENT 1474
The Manager presented plans received from the Manager of Rolling
Hills Estates showing proposed improvements of the Palos Verdes Drive
North and Rolling Hills Road intersection. Mayor Crocker requested the
Manager's study and evaluation of the proposal.
ADJOURNMENT 1494
There being no further business to come before the Council, Mayor
Crocker adjourned the meeting at 11:30 P.M. to Monday, March 6, 1978
at 7:30 P.M. to participate in a joint meeting with the Board of
Directors of the Rolling Hills Community Association.
APPROVED:
Mayor
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Cb&�'Clerk
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