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4/10/1978raw LeZ! 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. -2- VJ 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. -3- r 65 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 -4- M 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 -5- 11 �7 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. -6-