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
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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
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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:
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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.
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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
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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
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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
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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
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City Clerk
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