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8/8/1977MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA August 8, 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, August 8, 1977. ROLL CALL PRESENT: Councilmembers Pernell, Rose, Swanson, Mayor Crocker Councilman Pernell arrived at 8:00 P.M. ABSENT: Councilman Heinsheimer ALSO PRESENT: Teena Clifton City Manager William Kinley City Attorney June Cunningham Deputy City Clerk Ronald Pass Attorney Jerome Stewart Attorney Mrs. P. Breitenstein Residents A. E. Esser Mrs. S. Evans Mrs. C. Hoffman Dr. & Mrs. L. Kelly Clyde Kinzey Clark Leonard Mrs. W. Lester Mrs. J. Murdock Richard Nahrwold Mrs. B. Raine Miss B. Raine Mrs. J. Saffo Steven Shultz Dr. & Mrs. R. Spe]lberg Mrs. Gwen Tucker Mr. & Mrs. K. Watts APPROVAL OF MINUTES 7 The minutes of the meeting of July 25, 1977 were approved on a motion made by Councilman Rose, seconded by Councilwoman Swanson and carried unanimously. FINANCIAL STATEMENTS 9 Financial statements dated June 30, 1977 were held for consideration at the next meeting of the Council. PAYMENT OF BILLS 15 Councilman Rose moved that Demands No. 6363 through 6397 in the amount of $8,123.15 be approved for payment from the General Fund, with the exception of Demand No. 6380, which was voided. The motion was seconded by Councilwoman,.Swanson and passed by the following roll call vote: AYES: Councilmembers Rose, Swanson, Mayor Crocker NOES: None ABSENT: Councilmembers Heinsheimer, Pernell 38 7 August 8, 1977 PROPOSED RESOLUTION, INSTALLATION OF FIRE PROOF ROOFING ON ADDITIONS 23 The matter was held on the agenda at the request of the City Attorney. Mr. Kinley stated that after researching the matter, it was his recommendation that the matter be -put in ordinance form, rather than a .resolution, and he would have a proposed ordinance ready for review by the Council at 'the next regular meeting;,,. Mayor Crocker advised the Council that he toured the Santa Barbara fire area and discussed the recent fire with their local fire chief, who abated -that virtually every residence which burned had a combustible roof,?w thvthe exception of one tile roof which had an accumulation of pine needles that ignited and dropped through holes in the roof, burn- ing the house. A further complication was flying shingles, which ig- nited other homes. Councilwoman Swanson said the letter from the Mayor to residents reminding them of precautions to be taken during the fire season was timely, and was appreciated by the residents,., RESOLUTION NO. 388 ctl Councilman Rose moved that Resolution No. 388 entitled A RESOLUTION OF THE CITY OF ROLLING HILLS AUTHORIZING THE CITY MANAGER TO ENTER INTO �rOAN AGREEMENT WITH THE CITY OF ROLLING HILLS ESTATES FOR THE EXPENDITURE OF ONE HALF OF ITS SB 821 ALLOCATION FOR BICYCLE ROUTE CONSTRUCTION IN THE CITY OF ROLLING HILLS ESTATES be adopted, and that reading in full be waived. The motion was seconded by Councilwoman Swanson and carried by the following roll call votes AYES- Councilmembers Pernell, Rose, Swanson, Mayor Crocker NOES. None ABSENT- Councilman Heinsheimer RESOLUTION N0. 389 Councilman Rose moved that Resolution No. 389 entitled A RESOLUTION OF THE CITY OF ROLLING HILLS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY°OF RANCHO PALOS VERDES FOR THE EXPENDITURE OF ONE HALF OF ITS SB 821 ALLOCATION FOR BICYCLE ROUTE CONSTRUCTION IN THE CITY OF RANCHO PALOS VERDES be adopted, and that reading in full be waived. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Pernell, Rose, Swanson, Mayor Crocker NOES- None ABSENT- Councilman Heinsheimer ORDINANCE N0. 152 Mayor Crocker opened discussion of Ordinance No. 152, which was introduced at the meeting of July 25, and which provides for review of Planning Commission decisions by the City Council by the affirmative vote'of three Council members within twenty days of the decision. Following discussion Councilman Rose moved that the ordinance as amended, entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLL- ING HILLS AMENDING ORDINANCE NO. 33 ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS PROVIDING FOR ZONING IN SAID CITY" be adopted, .and that reading in full be waived. The motion was seconded by Councilman Pernell and carried by the following roll call vote: -2- August 8, 1977 AYES- Councilmembers Pernell, Rose, Swanson, Mayor Crocker NOES. None ABSENT- Councilman Heinsheimer ZONE CHANGE CASE NO. 3, JOHNS CANYON AREA, CHESTNUT LANE 134 The City Manager advised that the Planning Commission, at their meeting on July 19, 1977, voted to recommend to the Council that the zone be changed from RAS -1 to RAS -2 on vacant property known as Lots 170 -MS, 170A -MS and 170C -MS in the Johns Canyon area, and also property located at 1, 2, 4, 5 and 6 Chestnut Lane. Mr. Forrest Riegel, Chair- man of the Planning Commission, advised the Council that all members of the Planning Commission were present at the meeting, and the vote to change the zone was a unanimous vote of the Commission. Councilman Rose moved that the recommendation of the Planning Com- mission be adopted, and that a public hearing on the matter of amending the zoning ordinance be scheduled. The motion was seconded by Council- woman Swanson. Mayor Crocker opened the matter to discussion by residents. Mr. Clark Leonard advised the Council that he was present to speak on be- half of Mr. Gordon Shultz, owner of Lot 170A -MS. Mr. Leonard said Mr. Shultz has owned the property for 30 years, and has no plans to develop it at the present time. Further, Mr. Leonard said the City has a logical plan, with the larger parcels, originally zoned RAS -5, in the center, surrounded by the RAS -2 zone, with RAS -1 zoning on the perimeter of the City. He said the RAS -1 zone in the Johns Canyon area is a perimeter area, and is not surrounded by RAS -2 zoning as stated; it is surrounded by smaller parcels outside of the City. Mr. Leonard urged that the governing bodies not deprive private citizens of individual property rights. Mr. Jerome T. Stewart advised the Council that he was Mr. Shultz`s attorney, and he said the proposed zone change would deprive Mr. Shultz and other owners of property in the area of economic benefit, since potential buyers would not purchase property zoned RAS -2 which is sur- rounded by contiguous 1/2 acre properties. Mr. Stewart said the land being considered for rezoning is not visible from other areas of Rolling Hills, Dr. Richard Spellberg, 5 Chestnut Lane, said the area.is visible from his property, and he endorsed the_ddcision to reduce the density by rezoning. Mrs. Wanda Lester, 2 Chestnut Lane, said she is concerned about density, increased traffic and the change of atmosphere which would result from development of the properties, and felt they would affect the value of her property. She said she endorsed the statement made by Dr. Spellberg, and the decision of the Planning Commission and the City Council. The Manager showed the proposed easements reserved for access to Lots 170 -MS and 170C -MS, which will be developed in the near future. Mr. Steven Shultz said those properties can be seen, but the Shultz parcel cannot be seen from other Rolling Hills properties. The Mayor thereafter closed the public hearing, and asked for a roll call vote on the motion to accept the recommendation of the Planning Commission. Mrs. Carole Hoffman, 73 Portuguese Bend Road, asked permission to speak on the matter. The hearing was reopened on a motion made by Councilman Rose, seconded by Councilman Pernell and carried unanimously. Mrs. Hoffman said the entire city would be affected by the decision of the Council, and she stated that the majority of residents in the City are in favor of less density. The Mayor thereafter closed the hearing. -3- August 8, 1977 The motion to approve -the recommendation of the Planning Commis- sion that the zoning in the Johns Canyon area and -on Chestnut Lane be changed from RAS -1 to RAS -2 was carried on the following roll call vote: AYES: Councilmembers Pernell, Rose, Swanson, Mayor Crocker '± NOES. None ABSENT° Councilman Heinsheimer Mayor Crocker said a hearing on the proposed ordinance to amend the zoning ordinance by incorporating the change would be set at -the next meeting of -.the Council. ZONING CASE NO_. 195_, DR. S. E. TUCKER, 3 PACKSADDLE ROAD WEST 308 Mayor Crocker reviewed the action of the Planning Commission re - X garding Zoning Case No. 195, a request by Dr, and Mrs. S. E. Tucker, �'3 Packsaddle Road West, for a'conditional use permit for construction M of a paddle tennis court. The Mayor explained that the matter was ., presented to the Planning Commission on June 29, 1977, and was held .x'on the agenda to enable the Commission to make a field trip to the site. At the meeting of July 19, following the field trip, the P-lanning Com- mission approved the request, subject to specific conditions regarding landscaping. In a letter to the City Council dated July 22, 1977, Dr. Larry Kelly, 2 Pinto Road, advised that he would attend the City Council meeting on Monday, July 25 to protest the decision of the Planning Commission in favor of Dr. Tucker. At the Council meeting Dr. Kelly submitted 21 snapshots of the proposed site, taken from various locations in the Flying Triangle. Letters of opposition and a petition signed by 20 residents of the Flying Triangle were presented to the Council and entered into the record. The matter was referred back to the Planning Commission for reconsideration at a special meeting on August 2, if one of' the three Planning Commission members who voted in favor of granting the conditional use permit made a motion to reconsider. The motion was not made, and Chairman Riegel declared the matter closed and final. Mayor Crocker said it was his opinion that the Council should review the matter because of the opposition of residents in the Flying Triangle. The City Attorney said it was his opinion that the appeal -of the decision filed by Dr. Kelly was not valid, since Dr. Kelly had not responded to the notice sent to him, either prior to or at the public hearing, and was present at the July 19 meeting on another matter. Further, no resident who received notice as required by law had.responded either verbally or in writing prior to the decision. Mayor Crocker moved that the Council accept the appeal, and permit counsel for both sides to present testimony, The motion died for lack of a second, Councilman Rose said he would not be prepared to partici- pate in a discussion in view of the opinion of the City Attorney that the appeal was not valid and the Council did not have jurisdiction over the matter. Councilman Pernell said he was concerned about what happened at. the Planning Commission level, and wished a better understanding of rights of appear by residents, Councilwoman Swanson said that 23 notices Y.were sent, and no opposition was expressed. Further, she said the Tuckers acted in good faith and met all requirements, and the Planning Commission acted properly in making a decision. She suggested that in the future residents be advised in the Newsletter of all matters before the Planning Commission, in addition to notices sent to.residents within 500'; as required by law, Councilman Pernell asked whether the Council could take ,jurisdiction of the matter- at this time, since Ordinance No. 152, which would provide for review of Planning Commission decisions on the affirmative vote of -4- August 8, 1977 three Council members would not become effective for thirty days. Fol- lowing discussion, Councilman Pernell moved that the Council adopt an urgency ordinance to supercede Ordinance No. 152. The motion was seconded by Mayor Crocker. The Mayor opened the matter to discussion from the floor, and the following residents spoke in support of the proposed urgency ordinance to provide an opportunity for additional discussion of the proposed paddle tennis court: Dr. and Mrs. Larry Kelly, 2 Pinto Road; Mrs. Sonya Evans, 62 Portuguese Bend Road; Mrs. Betsy Raine, 71 Portuguese Bend Road; Mrs. Carole Hoffman, 73 Portuguese Bend Road; Mr. Richard Nahr- wold, 74 Portuguese Bend Road, Mr. Ronald Pass, attorney for Dr. and Mrs. Tucker, said he did not consider noise and view obstruction a basis for an urgency ordinance. Mayor Crocker moved that the Council reconsider its action in adopt- ing Ordinance No. 152, and consider adopting an urgency ordinance to become effective immediately. The motion was seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmen Pernell, Rose, Mayor Crocker NOES: Councilwoman Swanson ABSENT: Councilman Heinsheimer Mayor Crocker requested that the City Attorney prepare an urgency ordinance which would permit the Council to take jurisdiction of the matter, and recessed the meeting to provide an opportunity for the City Attorney to prepare an appropriate urgency ordinance. The meeting was reconvened and Mr. Kinley read into the record Urgency Ordinance No. U-35 entitled: AN ORDINANCE OF THE CITY COUNCIL 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", which grants to the City Council the power to review and appeal the decisions of the Planning Commission granting Conditional Use Permits and Variances. Mayor Crocker moved that the Council adopt Urgency Ordinance No. U-35 as read to replace Ordinance No. 152, previously adopted. The motion was seconded by Councilman Pernell. In the absence of the City Manager and the City Clerk, the Mayor asked the City Attorney to call the roll. The motion carried on the following vote: AYES: Councilmembers Pernell, Rose, Swanson, Mayor Crocker NOES: None ABSENT: Councilman Heinsheimer Mayor Crocker said that with the Council's permission he would set a hearing to appeal the decision of the Tucker matter for the last meet- ing in August at 8:00 P.M. and he asked that the Planning Commission be advised that jurisdiction had been transferred to the City Council and a hearing on appeal would be held before the Council. Councilman Per- nell advised the Council that he would not be present at the next regu- lar meeting on August 22. Mr. Pass said he would be out of the country in September, and could not attend the Council meeting on September 12. Mayor Crocker said the dates of a field trip to the Tucker property and the hearing on appeal would be announced.. The City Attorney recommended that a communication be sent to the Planning Commission advising that the City Council had taken jurisdiction of the matter under Section 2 of the urgency ordinance. The Mayor so ordered. PLANNING COMMISSION RECOMMENDATION RE: GRADING 831 In a memorandum to the Council dated August 3, 1977 the Planning Commission advised that at a special meeting of the Commission on August 2, 1977 the following recommendations pertaining to grading were adopted and forwarded to the Council: Cut slopes shall be limited to 30'; Fill slopes shall be limited to 30'; Total vertical height shall -5- il 1 August 8, 1977 be limited to 60'; Grading in excess of 2:1 shall not be permitted un- less a variance is granted by the Planning Commission; All driveways shall have a level area not to exceed 7% grade for a total of 20' from the edge of existing pavement where driveway enters roadway. Chairman Riegel said the Planning Commission had reviewed the report and recommendations on grading prepared by Mr. Clark Leonard, and had made their recommendations based on the report and on a review of certain gra- ding plans for problem lots. Councilwoman Swanson said she had reviewed ten grading plans, and had visited the sites with Planning Commissioner Murdock. It was their opinion that many severe gradings were not objec- tionable when tucked into the hill, hidden from view and properly land- scaped. Commissioner Murdock said the 2:1 slope was preferable in her opinion, since it was less steep. Councilwoman Swanson said she thought the recommendation regarding limit of slope of driveways for a distance of 20' from the road was a good one, since some of the steep -driveways w re not expedient for emergency vehicles. She stated that it was her o inion that there should not be any grading in easements, retaining walls should be carefully looked at, and set -backs from canyons should be re- quired. Further, Councilwoman Swanson said some of the plans were not correct with regard to elevations, and it was her conclusion that in'many cases construction does not conform to plans submitted and approved. PROPOSED GRADING ORDINANCE Mr. Kinley presented a proposed Grading Ordinance, based on the recommendations of the Planning Commission. Following review and dis- cussion, Councilwoman Swanson moved that the proposed ordinance entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING ORDINANCE NO.. 133, "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 PUBLISHED BY BUILDING NEWS, INC. FOR AND INSTEAD OF THE PRESENT BUILDING CODE, AND MAKING OTHER AMENDMENTS" be introduced, and that reading in full be waived. 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 MORATORIUM ON GRADING IN EXCESS OF 2:1 Mayor Crocker moved that the moratorium on grading be extended, to expire on the effective date of the proposed ordinance, thirty days after adoption. 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 JOSEPH.ABDO, BUGGY WHIP ROAD 1262 In a letter to the Council dated August 8, 1977 Mr. Joseph Abdo :'Jdvised that construction of his residence on Buggy Whip Drive has been elayed by the moratorium on grading in excess of 2:1, since his plans ere approved by the Architectural Committee on May 16, based on 1 1/2:1 grading. Work schedules have been revised and Mr. Abdo said the addit- ional expense, combined with rising building costs, has created an extreme hardship. He requested that the Council waive the 2:1 grading requirement in his case, and permit him to proceed with construction on the 1 1/2:1 grading plan as submitted and approved. The Manager advised the Council that the plans show a maximum cut slope of 19' and a maximum fill slope of 21', and the driveway would have a 1% grade. Mrs. Clifton said Mr. Abdo has met all requirements 10V August 8, 1977 for construction except the 2:1 grading requirement, and it was her recommendation that the requirement be waived in Mr. Abdo's case. Councilman Rose moved that the Council waive the grading require ment for Mr. Abdo and approve a building permit for 1 1/2:1 grading for his property. 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 CLYDE KINZEY RE: GRADING VARIANCE 1523 Mr. Clyde Kinzey said he wishes to request a variance for grading on a parcel on Southfield Drive, and he asked whether the application could be made to the Planning Commission before the effective date of. the ordinance. Mayor Crocker advised that application could be made to the Planning Commission for their September 20 meeting, since the ordi- nance, if adopted by the Council at their next meeting on August 22, would become effective on September 22, and the moratorium would expire on that date. ADJOURNMENT 1535 There being no further business to come before the Council, the meeting was adjourned at 11:55 P.M. APPROVED: Mayor -7- City Clerk ",