4/10/1978raw
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MINUTES OF THE
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
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, RQ11 ng Hills, California by Mayor Parnell at 7130 P,M, Monday,
April 10, 1978
ROLL CALL
PRESENT: Counci.lmembers Heinsheimer,
Crocker, Swanson,
Rose, Mayor Pernell
ABSENT: None
ALSO PRESENT: Teena Clifton
City Manager
William Kinley
City Attorney
Norine Morse
Secretary
Larry Davis
Doug McHattie
South Bay Engr.
Judith Mishkin
Resident
Mrs. W.A. Taylor
Resident
Audrey Krauss
Resident
Cheri Bennett
Resident
John Bennett
Resident
Michael Burke
Resident
Joe Linkogle
Coldwell Banker
Robert H. Schmitt
Resident
Adrienne Burke
Resident
Mr. & Mrs. Dan Bnrke
F.L. Coates
Resident
Tim Burrell
Attorney
David Croft
Resident
Ron MacAlprin
South Bay Engr.
Jody Murdock
Resident
Mr. & Mrs. M. Toll
Residents
Mrs. Allan Roberts
Residents
Ann Hammond
Resident
Mrs. Wachtell
Resident
ARRIVAL
Councilwoman Swanson and Councilman Rose arrived at 7:33 P.M.
APPROVAL OF MINUTES 1-4 ....
The minutes of the meeting of March 27, 1978 were approved as
corrected and accepted on a motion made by Councilman Heinsheimer and
seconded by Councilman Crocker. Councilman Heinsheimer moved to ammend
rhe motion, subject to a revision'of the motion made at the March 27,
1978 meeting by Councilman Rose regarding approval of the annexation of
the six acres to the Flying Triangle area. City Attorney Kinley will
provide the appropriate text for the record and submit it to the Council
at the next meeting. Motion was seconded by Col+ncilman Crocker and
carried by the following roll call vote:
Ayes: Councilmembers Heinsheimer, Crocker, Swanson, Rose,
Mayor Pernell
Noes: None
`Apr
ix 0" 1978
FINANCIAL REPORT 1-45
The Financial Report for March 1978 was approved and accepted as
presented on a motion made by Councilman Crocker, seconded by Council-
woman Swanson and Carried:by the fQ119wing roll call vg teg
Ayes: CQunCilmembers Heinsheimer; Crocker, Swanson, Rose,
Mayor Pernell
Noes None
PAYMENT OF BILLS 1=60
Councilman Crocker advised he had not been billed for the Can
Statement for the General Municipal election. The City Manager indicated
the billing would be done for the next meeting. Councilman Crocker
(Dmoved that Demands No. 6959 through 7004 in the amount of $12,037.36
(jobe paid from the General Fund, with the exception of Demand No. 6996
Owhich was voided. The motion was seconded by Councilman Heinsheimer
<and carried by the following vote:
Q Ayes: Councilmember-s Heinsheimer, Crocker, Swanson, Rose,
Q Mayor Pernell.
Noes: None
R.C.S. ENTERPRISES - ROBERT SCHBANK - RELEASE OF BONDS 1-71.
Held on agenda
UNDERGROUND UTILITY VAULT - CREST ROAD AT GEORGEFF ROAD 1-73
Held on agenda
RESOLUTION. NO. 400 AUTHORIZING_ PARTICIPATION IN 911 EMERGENCY TELEPHONE
SYSTEM PLAN 1-77
Held on agenda. City Attorney Kinley will review the resolution
and present it to Council at the next meeting.
STORM DAMAGE REPORT AND ENGINEERING ESTIMATES 1-80
Mr. Ron MacAlprin of South Bay Engineering was present to discuss
storm damage and cost estimateof repair for the Poppytrail Road area.
He stated his preliminary investigation determined that the capacity of
the present culvert is inadequate and that in order to repair the
damage several options had been considered. Mr. MacAlprin presented a
preliminary engineering report detailing existing conditions, hydrology,
deficiencies and his considerations and recommendations. He also
included a hydrology map and pipe size calculations based on channel
velocity. Mr. MacAlprin and Mrs. Clifton recommended that Alternate II
be accepted for engineering. After general discussion, Councilman
Crocker moved to authorize up to $4000 for design, engineering and survey
for the Poppytrail drainage problem, including engineering on the
olinsky damage at the bottom of the hill. Motion was seconded by
ouncilman Heinsheimer and carried by the following roll call vote:
r Ayes: Councilmembers Crocker', Heinsheimer, Swanson, Rose,
Mayor Pernell
Noes: None
Mr. MacAlprin was instructed to report back to the staff by the
next Council meeting.
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April 10, 1978
APPEAL TO BOARD OF ZONING ADJUSTMENT AND:APPEAL-,`F:L. COATES, 1-181
3 SOUTHFIELD DRIVE
Zoning Case #203 - Residence Construttion Appeal from -Planning:'
Commission decision on Grading,Ordinance
Mayor Pernell determined that proper notice of the hearing had
been made, information published and all interested parties notified.
He thereafter opened the public hearing for Zoning Case #203.
Mr. Len Coates, owner of the pro-perty'at #3 Southfield'Drive; was
present and gave a summary of the background of his case. He replied
at length to the three issues which were the basis of the motion by
the Planning Commission to deny the application for grading variance,
stating he feels the reasons are not justified.
Mr. Tim Burrell, legal counsel for Mr. Coates, was present to
speak in behalf of his client. Mr. Burrell reviewed the three plans
he had submitted to the Planning Commission. He explained in detail
the size and location of the house, the driveway and fencing, and
potential stable site location. Mr. Burrell responded to comments
and concerns of the City Council and pointed out that -the- ranting of
a variance is necessary for the preservation of Mr. Coates property
rights. He stated he feels the Council and the Planning Commission
must grant a variance unless it can be found that there is -a material
detriment to the public welfare or an injury to property or improvements
in the neighborhood.
Councilman Crocker commended Mr. Burrell for having done an out-
standing job in researching and presenting his client's case, and noted
that Mr. Coates had done everything he could to comply with the ordinances
as they now exist and to try- to -reach a compatible solution.
Following a discussion:by,the,Council regarding .legal requirements
for granting a variance for Mr;, Coates' building site,'Councilwoman
Swanson requested that the record show that Mr. Clyde Kinzey, the
realtor who sold Mr. Coates the.property, was fully aware of.all that
has happened with regard to..the.,passing of a new grading ordinance.
Mayor Pernell invited comments from the audience or testimony in
favor of or in opposition to the appeal. Ann Roberts, #7 Southfield,
spoke in opposition to the appeal. Esther Wachtell, 35 Crest Road East,
spoke in opposition to the appeal. Ann Howard, 12 Southfield, spoke in
opposition to the appeal.
Councilman Rose questioned the geological safety factor of the
house. City Attorney Kinley advised that the only safety hazard
involved would be to the occupants of.the house', and,if such were the
case, the Building Department probably .would not issue a -building
permit.
Judy Mishkin, #1 Flying Mane, spoke:in-opposition to the appeal.
Chester Jenkins, 10 Southfield, spoke in opposition -to .the appeal.
There being no further testimony, Mayor Pernell closed the public
hearing.
A discussion was held by the Council as to'whe:ther or:n-ot they feel
this lot is appropriate or not appropriate for variance. Councilman
Crocker expressed his feelings that this is the most difficult type of
issue in land use. He said Mr. Coates has complied with every ordinance
with the exception of the slope ordinance which was enacted after he
purchased the property, and he has -done' his best -to fit the proposed
improvement into the --natural terrain with...a::min mum of=grading.
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April10.,; 1978
Councilman Rose stated that he feels this lot should never have
been created as a residential building site, but since it is a legal
residential lot, he would feel.a duty to follow theilaw and vote in
favor of allowing the owner to build on it.
Councilman Rose madep�a motioii to:overrule the decision.of the
tlanning Commission on ��203 Zoning .Uar.iance,.Grgdin :Requirement., and
llow the development .oi,;'the. lot, Sa fhfield: ae a resid'eritial lota,.
imited to the movement of 650 cubic yards of earth, plus or minus 10'',per
ent, and, not to_e_xceed 12:1 grading slope at any point in moving such
earth, - and that all.
further development of this lot without a variance other than the
proposed residence.and the garage be prohibited, pursuant to agreement..
The motion was seconded by Councilman Crocker and carried by the
following roll call vote:
Ayes: Councilmembers Heinsheimer, Crocker,. Rose, Swanson,
CD Mayor Pernell
0 None: None
Q It was,rstated for the record by Mr. Burrell on behalf 'of his clients
<that. they were willing to comply with.the above .conditions.
RECESS .1-808
The meeting was recessed at 9:50 and reconvened at 10:00 P.M.
PUBLIC HEARING - ADRIENNE BURKE, 33 CREST ROAD EAST 1-812
Paddle Tennis Court Construction - Appeal from Planning
gmmission decision
Mayor Pernell determined that proper notice of the hearing had
been made, information published and all interested parties notified.
It was noted that the'.findings incorrectly indicated that Mr. Allan
Roberts appeared at the hearing and testified in opposition to the
granting of the variance. Mayor Pennell thereafter opened the public
hearing,for the construction of a paddle tennis court at #33 Crest
Road East.
Mr. Stanton Phillips, counsel for Mr. Burke, was present to
represent his client and requested that the matter be considered denovo
so as to not be treated purely as a Planning Commission decision. City
Attorney Kinley advised this could be done. Councilman Crocker made a
motion to grant the denovo hearing. The.motion was seconded by Council-
man Heinsheimer and carried by the following roll call vote:
Ayes: Councilmen Heinsheimer, Crocker, Rose
Noes.: Councilwoman Swanson, Mayor Pernell
Mr. Michael Burke, 33 Crest Road, was present and reviewed for
the Council the plans of the paddle tennis court which had been submitted
to the Planning'Commission. He explained in detail the proposed land -
caping and location.of.the court on the property, location and height
-f fence and location of various types of plants and trees to be used
or screening
The following residents were present and.s.poke in favor of
granting the conditional use permit: Mr. John Bennett, #3 Eastfield;
Mr. Mike Toll, �tl Eastfield; Mrs. William Taylor, #46 Eastfield; Mr.
Robert Schmitt, #5 Williamsburg Lane. Letters from the.following residents
were submitted by by Mr. Phillips, written in favor of granting the
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April 10, 1978
permit: Dr. Michael Weller, #3 Flying Mane; Jean Vachon, #45 Eastfield;
Mrs. Robert Lamb, #4 Eucalyptus Lane.; Joseph', -.Abdo, Buggywhip; Max Negri,
#2 Quail Ridge Road. Mrs. Wachtell.spoke in.opposition to the,. permit
being granted.
There being no further testimony, Mayor Pernell closed the public
hearing.
Councilman Crocker made a motion that the hearing denovo request
for a conditional use permit be denied. The motion was seconded by
Councilwoman Swanson.
Councilman Crocker discussed the,problem'of;_cuniulatively,adding
an amount of noise in.an'area that is already"impacted,liy an existing
court, and additionally adding two `tennis courts within 100 yards of
each other and both within 100 yards of the Wachtell residence. He
stated that for these.reasons he would not be in'favor of granting the
conditional use permit, even though the Burkes have done everything"they
can to minimize the impact.
Council discussed with City Attorney Kinley the"possibi:lity.of
attaching conditions to the permit and enforcement of these conditions.
Councilman Rose discussed the visual and noise impact as'it Mould
affect the Wachtell home. He suggested that some restrictions;.ght'be
put on the use of the court as a means of solving the problem,' and
said that the use of vegetation as a means of screening out noise and
lessening the visual impact should be helpful.
A substitute motion was made by Councilman Rose,to grant. -the
conditional use permit'to.allow the,p'addletennis:court.to be maintained
in its present location, but that'�the useage-of"th'at.1co,urt be limited to
hours after 10:00 A.M. on Saturdays and Sundays and. that .the limitation
be posted in a prominent plac:e on" the `court ,b;y a sign, and that the"
applicants agree to these conditions,'and"tha:t-an:'additional condition
that the court will never be lighted by artificial fighting,be. added.
Mayor Pernell called for `a roll call 'vo'te' to -make' -the substitute
motion a main motion. The vote carried as. follows.:,
Ayes: Councilmen HeinsheimeIr,,Crocker.,
Noes: Councilwoman Swanson
Rose Mayos Pernell,-,
It was noted for the record that Mr. ,Ph.illip.s:s.tate.d,his clients
were willing to submit to the ' cond`itioris . of `ale inoriQn..
Councilman Rose made a motion to release, the $5:,090.borid being held
for the purpose of bringing about the removal of the existing slab.
Motion was seconded by Councilman Heinsheimer and carried by the following
roll call vote:
Ayes: Councilmen Heinsheimer,' 'Crocke'r,"'Rose, Mayor' Pernell
Noes: Councilwoman Swanson
MATTERS FROM THE COUNCIL 1=1489
Motion was made by Councilman Crocker,to reject a claim in'the -amount
of $100,000 filed by the attorney for Dr.. and. Mrs: Sam Wolinsky for
property damage. Motion was seconded by Councilman Rose and carried by
the following roll call vote:
Ayes: Coun.cilmembers Crocker, Heinsheimer, Rose, Swanson,
Mayor Pernell
Noes: None
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April 10, illi
City Attorney Kinney 'was in6tructed- --to setid'-a`"cb�9 Yof'theT,cla.im 'Ad
formal rejection to the City's- insttranee ' catrier`.
F t =fie u
ADJOtJ'R NT 1-1534
There being no further business to come benre tha 'CunY�l , °mayor
ernell adjourned the meeting at 11:35 P.M. to Monday, April 24, 1978
t 7:30 P.M.
CORRECTIONS TO MINUTES MADE BY COUNCILWOMAN SWANSON AT APRIL 24, 1978 MEETING:
See 'below::_.
APPROVED:
0- 0 a 0 L, 1011AMr4em
CORRECTIONS TO MINUTES MADE BY COUNCILWOMAN SWANSON AT APRIL 24, 1978 MEETING:
Page.3,.Paragraph 5, Line 3:
----that Mr. Clyde Kinzey represented himself as owner of the property and was
fully aware of all that had happened with regard to the passing of a new grading
rdinance. Mr. Coates stated that Mr. Kinzey was not the property owner at that
time and misrepresented himself as such.
Paragraph 6; Line Line 3: '
----Mrs. Roberts stated concern about the bridle trail on Southfield. Mr. Coates
and his attorney assured them that there would be a fence placed there and that
there would be no change of the present bridle trail.
Paragraph 8:
----Mrs. Mishkin stated her concern about the lot in reference to grading, since
she lives above it. Mrs. Wachtell spoke in oppisition on the basis of noise.
Page 4, Paragraph 2, Line 6:
Delete: "----unless modified through a variance procedure"
Page 5, MATTERS FROM THE COUNCIL:
On the advice of the City Attorney, a.motion was made -----
Incorporate motion by Councilman Rose re: approving annexation of six acres
to Flying Triangle Anenxation, as corrected by the City Attorney, into
the minutes of the March 24, 1978 meeting.
TTERS FROM THE COUNCIL (Page 4)
Councilwoman Swanson was appointed delegate to the League of California
Cities and the City Selection Committee. Councilman Heinsheimer was
appointed the alternate delegate for these committees.
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