5/14/1979212
MINUTES OF THE
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
May 14, 1979
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 Swanson at 7:30 P.M. Monday,
May 14, 1979.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
APPROVAL OF MINUTES
Councilmen Crocker, Pernell, Ro.se, Mayor Swanson
Councilman Heinsheimer
Teena Clifton
William Kinley
L. D. Courtright
June Cunningham
J. Collis
D. McHattie
J. Luger
S'. Silverman
D. Hendrickson
C. Robinson
Mrs. R. Bernstein
Mrs. L. Hansen
Mrs. U. Kuhne
Dr. L. Kelly
Mr. & Mrs. M. Malmuth
Mrs. E. Mickelson
Mrs. J. Murdock
S. Speranza
Dr. E. Surprenant
Mr. &,Mrs. A. Stribiey
A. Vinter
230
City Manager
City Attorney
City Treasurer
Deputy City Clerk
Developer
Engineer
Engineer
Attorney
Architect
Administrative Assistant
Resident
The minutes of _the meeting of April 23 were approved and accepted
as corrected on a motion made by Councilman Crocker, seconded by Coun-
cilman Rose and carried by the following roll call vote:
AYES: Councilmen Crocker, Pernell, Rose, Mayor Swanson
NOES: None
ABSENT: Councilman Heinsheimer "
PAYMENT OF BILLS 260
Councilman Rose moved that Demands No. 7962 through 8011, with the
exception of Demand No. 7968, which was voided, be paid in the amount
of $13,780.85 from the General Fund. The motion was seconded by Council-
man Crocker and carried by the following roll call vote:
AYES: Councilmen Crocker, Pernell, Rose, Mayor Swanson
NOES: None
ABSENT: Councilman Heinsheimer
PUBLIC HEARING, ZONING CASE NO. 222, MARVIN MALMUTH, GUEST HOUSE 260
Mayor Swanson opened -a* public hearing on an appeal by the Council
of the decision of the Planning Commission on April 17, 1979 approving
a variance of front yard requirements for construction of a guest house
to Marvin Malmuth, Lot 93-RH, 3 Pine Tree Lane. A letter dated May 8-
from 14r'. Don Hendrickson, Mr. Malmuth's architect, clarifying the intent
-,of the application, was -read into the record.
May 14, 1979
The City Manager displayed the approved plot plan, marked
Exhibit "A". In reply to questions from members of the Council, Mr.
Hendrickson advised the Council that the area of the proposed structure
is 1092 square feet, which is less than 25% of the area of the main
residence, as required, and will consist of three bedrooms, two baths,
a sitting room and wet bar, and will house a family employed by the
Malmuths as domestic and groundskeeper and their two small children.
Councilman Rose moved that the Council uphold the Planning Com-
missions approval of a front yard variance for construction of a guest
house/servants' quarters. Councilman Pernell seconded the motion for
purposes of discussion.
Mrs. Jody Murdock, Chairman of the Planning Commission,.explained
that the Planning Commission reviewed the size of the proposed building.,.
the location and the accommodations planned for the interior, but their
primary consideration at the meeting on April 17 was the location, and
the Commission's deliberation and approval of the request for a front
yard variance was focused on the location.. Chairman Murdock explained
that.a request for a conditional use permit as required by the City
will be heard by the Planning Commission on May 15, and if the permit
is.issued, conditions of approval will be established.
Councilman Rose asked whether the Council could uphold the approval
of a front yard variance for the structure, whether or not the applica-
tion for a conditional use permit is approved. Mr. Kinley said there
are two separate applications which should be considered independently
of each other.. Mayor Swanson said she did not think that hardship was
demonstrated in the application for a front yard variance. Councilman
Crocker agreed that the burden of proof is on the applicant to show
hardship, and based on the information presented to the Council, he
would vote against sustaining the approval granted by the Planning
Commission.
Councilman Pernell moved that consideration of the matter be post-
poned to the next meeting. The motion died for lack of a second.
Mayor Swanson said she would be willing to offer a substitute
motion that the Council postpone their decision until after they make
a field trip to the site. Councilmen Rose and Crocker said they would
be willing to vote on the matter without making a field trip.
Mr. Hendrickson said it is the Malmuths' wish to provide_ adequate,
living quarters in a reasonable location for their servants, and hard-
ship does exist, since other locations considered would require exten-
sive grading and would result in a structure which would be less than
satisfactory. Mr. Hendrickson said that one possible location adjacent
to the main residence is presently a beautiful garden which is a big
asset for the property, and the front yard is the most buildable area.
He suggested that the Council make a field trip to the site, since the
orientation of the property results in location of the front yard away.
from Pine Tree Lane.
Mayor Swanson explained that the concern of the Council is nog the
intent of the Malmuths, but there is a concern about future use of the
guest house/servants' quarters if the ownership of the property changes.
Councilman Pernell said he is concerned about the wet bar, since the
regulations prohibit a kitchen in accessory buildings. Mr. Hendrickson
said meals for the family occupying the quarters will.be cooked in the
main house, but facilities have been included which would provide for
preparation of snacks or light refreshments.
Mr. Malmuth advised the Council that he has been trying for three
years to determine how adequate quarters could be provided for help
while maintaining privacy for both the residents of the main residence
and their servants, and no practical way was found to add such quarters
to the existing residence. He assured the Council that he has no inten-
tion to use the building for any other purpose than that stated, and he
asked that the Council visit the property. Councilman Crocker said that
rental of the house is not the only concern; use of an additional.living
-2-
May 14, 1979
facility by the owners' parents or adult children can create a
situation in which two families live in separate residences on proper-
ty which is zoned for one residence only. Councilman Crocker said he
would be willing to make a field trip to the site before voting.
Councilman Pernell agreed that the Council should visit the site
before voting and he offered a substitute motion that the matter be
postponed for a field trip. The motion was seconded by Mayor Swanson
and carried by the following roll call vote:
AYES: Councilmen Crocker, Pernell, Rose, Mayor Swanson
NOES: - None
ABSENT:- Councilman Heinsheimer
Mr. Malmuth agreed -to the postponement, and the Clerk was directed
to notify the applicant, his architect and Councilman Heinsheimer of
the date of the field trip when it has been set.
SUBDIVISION NO. 70, TRACT 33871, CHACKSFIELD-MERIT HOMES, 639
Mayor Swanson opened discussion of the proposed subdivision and
advised the Council that a letter dated May 10, 1979, addressed to the
Mayor and City Manager, was received from Sherman A. Silverman, attor-
ney for Mrs. Dorothy Kuhne, 6 Johns Canyon Road. Mr. Silverman re-
quested a 90 day postponement of consideration of the tract by the
Council to provide reasonable opportunity to confer with the subdivider
and engineers in an effort to ameliorate Mrs. Kuhne's concern about the
proximity of the southerly access to her property.
%X
Llayor Swanson asked Mr. James Collis, the subdivider, whether he
would be agreeable to a 90 day postponement of the matter. Mr. Collis
said the request would not be acceptable to him, and Mr. Kinley advised
the Council that in view of the subdivider's lact ' of consent, the Counci
has no authority to grant the extension of time requested by Mr. Silverml.
Mr. Silverman addressed the Council and
d requested a brief -continu-
ance on behalf of Mrs. Kuhne in order to present expert testimony to
help resolve her problem. He asked that the record reflect that numerous
continuances have been granted to the subdivider and to other parties in
the matter.
Mr. Douglas McHattie, engineer for Mr. Collis, displayed a -sketch
and p1an:- - showing a sound attenuation wall designed to reduce the noise
of traffic next to the Kuhne,and Lester properties. Mrs. Clifton said
the plan would be considered by the Architectural Committee at their
meeting on May 15. Mr. McHattie said he had met with Mrs. Kuhne and
Mr. Lester, and Mrs. Kuhne was not willing to comment p ' n the wall, but
Mr. Lester seemed satisfied that the wall would be effective if it was
high enough. Mr. McHattie said the access road was -moved approximately
six feet north, and the road would be paved to a ' width of 22 feet in an
effort to accommodate Mr. Lester and Mrs Kuhne. Mr. Samuel Speranza,
12 Johns Canyon Road, asked that the record reflect that he was agree-
able to the southerly access because he was assured that the trees
between his property and the access road would remain, and he said he
would take strong exception to removal or transplanting of any of the
trees. Mayor Swansonsaidthe Council shares Mr. Speranza's wish to
preserve the trees, and if any must be removed it will be one, or at
most, two, from the area near Johns Canyon Road. Mr. Speranza said
he is a reasonable man.
Councilman Pernell asked what kind of hard data is available to
assure the affected residents -that the wall will provide the sound
barrier that they wish to have. 'Mr. McHattie said professional advice
would be expensive- but he stated that the solid barrier would elimin-
ate most of the noise, with only a small amount of noise carrying over
the wall.
May 14, 1979
21'7.
Councilman Crocker said the easement was recorded for purposes
of ingress and.egress, and it is known that a solid barrier can keep
noise out. Since a six foot high wall is the esthetic limit, he said
the Council should either vote to deny the subdivision, or should
approve the tentative map with the southerly access, with a requirement
for a six foot high wall. Councilman Rose said he would prefer the
northerly access, but would be willing to consider the southerly access
as a concession. Mayor Swanson said it was her opinion that the north-
erly access would be preferable from a planning aspect, and that she,
too, favored the northerly access. She said, further, the developer
has demonstrated that he is willing to do whatever is possible to
accommodate Mrs. Kuhne and Mr. Lester with regard to the proximity of
the southerly access to their properties. Councilman.Pernell asked
Mr. McHattie the estimated effectiveness of the wall, and Mr. McHattie
said 65% to 70% noise abatement is projected. Mrs. Clifton said im-
provement of the access road would permit planting alongside the wall
and along Johns Canyon Road to further cut down on the noise.
The Mayor asked whether it was determined that the power lines
carry power outside of the City, and the Manager said there are no
CO through lines in that area; lines carry only service within the City.
CO Mrs. Clifton said she will work with Councilman Heinsheimer on plans
O for improvement of Johns Canyon Road, and she discussed with a Cabal-
leros representative their wishes with regard to a bridle trail in
Q the area. Mrs. Clifton said she had reviewed the matter with Mr.
Forrest Riegel, president of Caballeros, and he requested that the
Q trail be tied in with the Hix trail, which comes from Crest Road and
enters Johns Canyon Road along the southerly side of the Heinsheimer
property at 7 Johns. Canyon.Road, to be continued in front of the
Heinsheimer property and around the curve to the north side of the
road to the Storm subdivision so it will continue through the Johns
Canyon/Chestnut Lane area to serve those properties and the Chacksfield
Merit subdivision.
In a letter dated May 14,.1979, Mr. Kinley advised the Council
that there is ample authority to enable the City to compel the subdi-
viders to cover the cost of installing undergrounding within the
boundaries of a subdivision, but installation of the undergrounding
on Johns Canyon Road outside the boundaries of subdivisions in an
exaction which the City does not have the authority to require as a
condition of approval of the.subdivisions.
Mr. Silverman offered an Access Study for Tentative Tract 33871,
and asked that it be made part of the file. The study was marked
Exhibit I, and entered into the file. With regard to the sound atten-
uation wall, Mr. Silverman said he spoke to two experts, and was ad-
vised. that a wall would not be effective if it was less than 10 or 15
feet high, since the living quarters are 35 feet from the roadbed.
The prevailing winds in the area blow dust, fumes and debris across
the Kuhne property from the north, so there is a pollution problem
in addition to a sound problem. He said Mrs. Kuhne's objection is
based on expected traffic on the southerly access road to the subdi-
vision, not to .traffic on Johns Canyon Road. Mr. Silverman asked that
the Council be more responsive to the requests of a resident.than to
the wishes of the developer,'who is not a resident of the City.
Mr. Jerry Luger, a civil engineer acting as consultant to Mr.
Silverman, reviewed the matter on an engineering basis with the
Council. Mr. Luger said he has acted as a consultant in many cases
in the City, and looked at the matter as an engineer, considering all
aspects without any personal or political motivation. Mr. Luger said
a truck window and sound emanating from a truck would be level with
the bedroom windows of the Kuhne "home, which are located adjacent to
the access easement. After reviewing the information available, Mr.
Luger said there is no easy.solution, but it was his opinion that the
northerly access would provide the best over all solution.
Councilman Crocker moved that the Council approve the tentative
map with the southerly access subject to the following conditions:
-4-
May 14, 1979
1) That a sound attenuation wall as presented to the Council
be required;
2) That the access road be moved six feet north as shown on
the plan;
3) That Mr. Collis be required to deposit a bond amounting
to 2 1/2 times the pro rata share of the cost of improving Johns
Canyon Road as far as Crest Road West based on eight lots in his
subdivision, eleven lots in the Storm subdivision and three future
lots in the Shultz property;
4) Subject to other conditions contained in the Planning
Advisor's Report.
The motion was seconded by Councilman Pernell and carried by the
following roll call vote:
AYES: Councilmen Crocker, Pernell, Rose
NOES: Mayor Swanson
ABSENT: Councilman Heinsheimer
ROLLING HILLS PLANNING COMMISSION RE: PROPOSED ZONE CHANGE 1329
A letter dated May 11, 1979 from the PlanningCommission concerning
a proposal to change the RAS -1 Zone to RAS -2 was presented to the
Council. Copies of minutes of Planning Commission meetings at which
the matter was considered, correspondence from residents, and other
pertinent information, were transmitted with!:.the letter.
Mayor Swanson set a public hearing on the matter for June 11, and
asked that the entire community be notified in the Newsletter. Council-
man Crocker suggested .that two members of the Council make a field trip
to the properties referred to in the Planning Commission's memorandum
dated October 19, 1978. Councilman Rose said he wished to participate
in the field trip, and Mayor Swanson said she would also, since most
interest was expressed by residents in the Eastfield area, where she
lives.
Councilman Pernell said that because the matter is of such overall
importance to the entire community, he thought the Council should meet
with the Planning Commission prior to a public hearing so they will have
the benefit of the Commission's work in the matter. With the concurrence
of the Council Payor Swanson asked that the Planning Commission be asked
to meet with the City Council at 7:30 P.M. Monday, June 4, 1979 to dis-
cuss the matter of zoning, and whether it should be changed.
Mrs. Rosemary Bernstein, 9 Eastfield Drive, said it was her opinion
that the Planning Commission made a recommendation to the Council, and
their report and recommendation should be accepted by the Council with-
out further work. Mrs. Evelyn Mickelson, 7 Eastfield Drive, said the
letter from the Planning Commission summarized their efforts in research-
ing the matter, and made a specific recommendation. Mrs. Lorraine Hansen
11 Eastfield Drive, said that many residents of the Eastfield area atten-
ded Planning Commission meetings and expressed opposition to the proposal.
to change the zone, even after denial of their subdivisions by the Boar'
of Directors. Members of the Council agreed that the Planning Commissi
had done a great deal of work and had made a definite recommendation to
the Council, which the Council wished to review in depth by making a
field trip and holding an additional public hearing. They agreed that
the entire Council should make the field trip to the properties consid-
ered by the Planning Commission.
A field trip was scheduled for Sunday, May 27 at 10:00 A.M., with
the Council to meet at 7 Eastfield Drive. .
-5-
May 14, 1979 21.5
APPROVAL OF GUEST HOUSE, SAMUEL SPERANZA, 12 JOHNS CANYON ROAD 1618
In a memorandum from the Planning Commission the Council was
advised that a request for a conditional use permit was approved for
construction of a guest house to Mr. Samuel Speranza, 12 Johns Canyon
Road. The Manager explained that work was started before a conditional
use permit was required for guest houses, and the building permit ex-
pired "before the construction was completed.
No action was taken by the Council on the Planning Commission's
approval, and Mr. Speranza was advised that he could obtain a new
building permit.
DR. LARRY KELLY, 2 PINTO ROAD, FLAME -X SHINGLES 1636
. Dr. Larry Kelly, 2 Pinto Road, advised the Council that after
approval of .plans for a residential addition, a minor change resulted
in a roof area which will exceed by a very small percentage the 25%
limitation for re -roofing using Flame -X shingles. Dr.Kelly.asked that
he be permitted to use Flaine-X to match other roofing already installed
on his home, since the permits have been issued and the roofing material
(� has been ordered. .Members of the Council agreed unanimously to grant
the request and certify the exemption.
Q 1979-80 FISCAL YEAR BUDGET 1694
Q
Q Councilman Crocker said he has reviewed preliminary budget figures
prepared by the Manager. Mrs. Clifton said the preliminary budget
would be sent. to members of the Council. Councilman Crocker asked the
City Attorney to reaearch the laws which require that cities accept 1%
of property tax revenue. Mayor Swanson said a hearing.,on the proposed
budget would be scheduled for June 11.
REPORT OF SALES, A. E. HANSON BOOK 1750
A report of sales.of the A.E. Hanson book as of April 30,-.1979
was received.for the file.
APPOINTMENT TO TRAFFIC COMMISSION 1776
Mayor Swanson said she wished to appoint Mrs. JoAnn Habermann,
19 Georgeff Road, to the Traffic Commission, to fill the vacancy which
has existed since Mrs. Kip Goldreyer resigned. Councilman Rose moved
that the appointment be confirmed by the Council. The.motion was
seconded by Councilman Crocker and carried by the following roll call
vote:
AYES: Councilmen Crocker, Pernell, Rose, Mayor Swanson
NOES: None
ABSENT: Councilman Heinsheimer
The Mayor said Mrs.. Rosemary Bernstein has„agreed to continue to
s_erve.on the -Traffic Commission, and has been reappointed.
APPLICATION FOR PALOS VERDES WA'T'ER CO. RATE INCREASE 1790
The Manager reported that Palos Verdes Water Company has requested
a rate increase, and hearings on the request will be held in the Rolling
Hills City Hall near the end of 1979.
RESOLUTION N0: 413
1798
Councilman Rose moved that Resolution No. 413 entitled A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF ROLLING HILLS ESTATES
FOR THE EXPENDITURE OF ALL OF ITS SB 821 ALLOCATION FOR BICYCLE ROl3TE
CONSTRUCTION IN THE CITY OF ROLLING HILLS ESTATES be adopted, and_that
reading in full be waived. The motion was seconded by Councilman Crocker
216
May 14, 1979
and carried by the following roll call vote:
AYES: Councilmen Crocker, Pernell, Rose, Mayor Swanson
NOES: None
ABSENT: Councilman Heinsheimer
MR. AND MRS. ANTHONY VINTER, 9 REATA LANE RE: LEASH LACI 1805
In a letter dated Tray 1, 1979 to Mayor Swanson, Mr. and Ctrs.
Anthony Vinter asked that the Council reconsider a leash law.
.Mayor Swanson said shewould contact the Vinters and discuss the
matter with them.
LEAGUE OF CALIFORNIA CITIES RE: AB 1519 (ROOS) 1821
A letter dated May 4, 1979 from the League of California Cities
requesting urgent opposition to AB 1519 (Roos) was presented to the
Council. AB 1519 would establish a seven member State Project Appeals
Board which would have the power to hear appeals from any housing
developer who has been denied a permit by local government which would
include at least 30% low and moderate cost housing.
RESOLUTION NO. 414
Councilman Rose moved that Resolution No. 414 entitled A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS OPPOSING ASSEMBLY BILL
1519 (ROOS) be adopted and that reading in full be waived. The motion
was seconded by Councilman Pernell and carried by the following roll
call vote:
AYES: Councilmen Crocker, Pernell, Rose, Mayor Swanson
NOES: None
ABSENT: Councilman Heinsheimer
Mayor Swanson asked Councilman Rose, legislative analyst, to keep
the Council informed on bills which affect local governments.
PROPOSED ORDINANCE AMENDING ORDINANCE NO. 33 1850
Consideration of three draft ordinances amending the zoning
ordinance with regard to requiring a conditional use permit for guest
houses, cabanas and servants' quarters was held on the agenda for
discussion at the next meeting. The 60 day moratorium on guest houses,
imposed by the Council on March 26, was extended 30 days by unanimous
vote of the Council members present.
PROPOSED ORDINANCE AMENDING ORDINANCE NO. 157, FLAME -X SHINGLES 1855
The matter was held on the agenda until the next meeting.
PROPOSED DIVISION OF LAND ORDINANCE
Mayor Swanson said a special meeting would probably be necessary
for consideration by the Council of the proposed ordinance. The
matter was held on the agenda.
RECONSTRUCTION OF RESIDENCE ON POPPY TRAIL
The City Attorney distributed copies of a letter dated May 2, 1979
from Mr. Michael Boland, attorney for Dr. Samuel Kim, 7 Poppy Trail.
Mr. Boland advised Mr. Kinley that the Kims intend to commence recon-
struction in the very near future. The letter was received for the file.
-7-
E
May 14,.1979
GATE SECURITY
213,
The'Mana . ger reported eported that she plans to meet with a representative
of the Telephone Company next week to discuss a communication system
between the gates and residences in Rolling Hills. Mrs. Clifton said
that if members of the Council -wish additional information she would
like them'to telephone her.
DELAY STUDY ON PALOS VERDES DRIVE NORTH
Copies of correspondence dated May 7, 1979 from Alderman, Swift
and Lewis, Consulting Engineers addressed to the City Manager of Rolling
Hills Estates with regard.to a delay study on Palos Verdes Drive North
were distributed to the Council.
The Mayor said the matter would be placed on the next agenda, and
asked members of the Council to contact the Manager if they wished to
comment on'the correspondence.
XEROX CORPORATION VS CITY OF ROLLING HILLS
Mr'. Kinley reported that the City of Rolling Hills was served
i
with a summons and complaint n an action brought by Xerox Corporation
against Los Angeles County to recover penalties paid to the County on
personal property on.equipment placed in cities throughout.the'County.
Mr. Kinley.said he called, -the County Counsel and was advised that the
County will take on the defense.
PERSONNEL
Councilman Pernell said he and Mrs. Kip Goldreyer, a member of the
Board of Directors-, will meet in the near future with Mrs. Cl ' ifton in
an,effort to d ' evelop an office ' lay out which will minimize disruption
of personnel by persons entering and leaving the office.
ADJOURNMENT. 1886
'Mayor Swanson adjourned the meeting at 11:20 P.M. to reconvene
on Wednesday",May 30, 1979 at 7:30 P.M., since the regular meeting date,
Monday, May 28, is'a legal holiday.
Im