10/11/1982 ���
� PZINUTES OF A
REGULAR MEETING OF THE CITY COtTP1CIL
CITY Or P.OLLING HILLS, CALIFORNIA
� October 11, 1982
A regular meeting of the City Council of the City of P�olling Hills
was called to order at the Administration Building, 2 Portuguese Bend
Road, Rolling Hills, California by Mayor Pernell at 7 : 30 P.P'I. P'Ionday,
October 11, 1982.
P.OLL CALL
PRESENT: Councilmembers Leeuwenburgh, :4urdock, rZayor Pernell
ABSENT: Councilmembers Heinsheimer, Swanson
Councilwoman Swanson arrived at 7 : 35 P.M.
ALSO PRESENT: P.on Smith City P�anager
Michael Jenkins City Attorney
June Cunningham Deputy City Clerk
Randy ��Tood . Palos Verdes News
Frank Politeo Architect
Mrso C. Boyd. Rolling Hills Womens ` Club
Mrs . V. Doak Residents
J. Davidson
Dr. & Mrs. NI. Giaconi
P�Irs . B. Hesse
L. Lusk
Dr. R. Smith
Mrs. M, Wagner
APPROVAL OF P�INUTES 1640
The minutes of the meeting on September 27, 1982 were approved and
accepted as presented on a motion made by Councilwo�an Murdock, seconded
by Councilwoman Leeu�aenburgh and carried by the following roll call vote
AYES: Councilmembers Leeuwenburgh, P�'Iurdock, P4ayor Pernell
NOES: None
ABSENT: Councilmembers �ieinsheimer, Swanson
PAYNIENT OF BILLS
Council�aoman r4urdock moved that Demands No. 10718 and 10719,
10721 and 10722, 10724 through 10742 and 10744 through 10750 . in the
amount of $18, 839.32 be approved for payment from the General Fund,
and that Demands No. 10720, 10723, and 10743 be voided. The �otion
was seconded by Councilwoman Leeuwenburgh and carried by the following
roll call vote:
AYES : Councilmer.ibers Leeuwenburgh, Murdock, Mayor Pernell
NOES: None
ABSENT: Councilmembers Heinsheimer, Swanson
RETIIEW_:OF PLANNIPIG COMMISSION ACTI0�1, SEPTE�7BEP. 21, 1982 1650
The Council �vas advised that on September 21, 1982 the Planning
Commission approved a request for Variance of front setback require-
ments for a residence addition at 30 Caballeros Road, and denied a
request for a Conditional Use Permit and Variance for front setback
requirements for guest quarters attached to an existing garage in the
front yard at 2 Blacktaater Canyon Road. The inforriation �aas received
for the file, with no action by the Council .
RESOLUTIOId N0. 500
Councilwoman Leeuwenburgh r.ioved that P.esolution No . 500 entitled
RESOLUTION OF THE CITY COUNCIL ADOPTING 1982 EDITIOTd OF T�iE STA'.`IDAP.D
SPECIFICATIONS FOR PUBLIC FJORKS CONSTP.UCTIOTd be adopted, and that
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October 11, 1982
readin� in full be waived. The motion �aas seconded by Councilwoman .
T�urdock and carried by the follocving roll call vote:
AYES : Councilwomen Leeuwenburgh, Murdock, P'Iayor Pernell
NOES : None
ABSENT: Councilmembers Heinsheimer, Swanson
The City P�anager reported that this action is in response to a
request from the County Engineer, acting as the City' s �ngineer and
Building Official, to supersede the Standard Specifications adopted
in 1979 , and will standardize technical terms and specifica.tions used.
COP�'IITTEE REPORT ON SE�JER STUDY 1670
Councilwoman Swanson, Chairrian of the Co�itte.e appointed to
study feasibility of sewers in P�olling Hills, reported that the
mersbers of the Committee, Dr. Richard Hoffman, Council�voman Pdur-
� dock, and Chairman Swanson, met with the City P4anager to discuss the
report prepared for the City by Lowry and Associates, including what
0 the expectations were, what was actually presented, and what addit-
� ional information was required to meet the objectives of the City of
m Rollin� Hills and the Flying Triangle Ho�neowners ' Association in
� hiring Lowry to make the study and present the report. Subsequently
there was a conference telephone call by the Cor.unittee to Lowry and
Q Associates, and Lowry was asked to expand the report on the pressure
sewer system to include an evaluation of inechanical equipment, compli-
ance with standards, capacity analysis, and geblo�ists ' comments in
the preliminary layout, all to be done at no additional cost to the
City, or to .the homeowners . Chairman Swanson said the report is to
be submitted to the Committee for review on October 20, and will be
on the agenda of the City Council meeting on October 25, and a repre-
sentative of Lowry and Associates will be at the meeting to answer
questions . The firm was asked, further, to work with Los Angeles
County representatives to add�ress the areas of concern to the County,
since certain portions of the Lowry repor.t were not acceptable Uecause
they did not meet County Sanitation District or Engineer' s standards .
Councilwoman Murdock said that in addition the Committee pointed out
that Lowry had not addressed the conparisons between the loca pressure
and gravity systems, and Lowry �vas asked to report on a modified gra-
vity system, which appears to .come closer to County requi.rements, and
agreed to do so, stating that the list of concerns provided by the
Co�mittee would be address.ed.
Chairman Swanson said the Committee was contacted by South Bay
Engineering Corporation, with an offer to meet with the Committee
and subr.zit a proposal for a gravity flow system. A map of the area
proposed for the study was. submitted to the Cortmittee, and was dis-
played at the City Council �eeting. A preliminary �eeting was held
and representatives of South Bay explained to the Comr.iittee why it
was their opinion that a gravity system would be r.iore satisfactory ..
that a low pressure system. The Committee submitted a list of ques-
tions concerning cost and other details, and South Bay Engineering
has indicated that they will work with Los Angeles County to assure
that what they propose will be .acceptable to County standards, and
will supply additional information to the Committee. A report will .
be subr,iitted to the Committee by October 20, and representatives of
South Bay Engineering Corporation will also be present at the City
Council meetin� on October 25. Chairman Swanson said that the work
being done by South Bay Engineering in connection with the proposal
will be done at no charge to .the City, since the firm has done simi-
lar work for other Peninsula areas , and is anxious to dernonstrate
what they feel is a superio.r system for Rolling Hills.. �
PZayor Pernell thanked Councilwoman S�aanson for her report, and
ordered the matter scheduled for the October 25 meeting.
MATTERS FROP4 THE CITY COUNCIL 1748
PALOS VERDES PEPIINSULA TP.ANSPOP.TATION COr��ITTEE t�ETING
Councilwor.ian Swanson reported that the Peninsula cities will
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� October 11, 1982
receive approximately $550, 000 in funds frorl Proposition A, Trans-
portation funding, and a r.ieeting c�as held at the Palos Verdes Library
to discuss the best use of those funds . After discussion of the
meeting and review of input from the Community, the Palos Verdes
Transportation Committee agreed that a needs assessment should be
done, with the Transportation Committee acting as the lead agency
if so designated by the cities on the Peninsula, and she explained
that distribution of the funds will be according to population, and
assessment for the needs study would be based on the same formula,
with 60; by Rancho Palos Verdes, 13'/o by Rolling Hills Estates, 24%
by Palos Verdes Estates and 3% by Rolling Hills . The City Manager
reported that to date the City of Rolling Hills has received $1,096
from Proposition A funds, and the money is being held in trust, al-
Iocated to transporation. .
Councilwoman S�vanson said the concept of a needs assessment
study has been approved by some of the other cities , and she moved
that the Co.uncil approve a needs assessment study, with the Penin-
sula Transportation Cor.imittee. designated as lead agency. Council-
woman Leeuwenburgh seconded the motion, which was carried by the
following roll call vote:
AYES: Councilwomen Leeuwenburgh, Murdock. Swanson
Mayor Pernell
NOES : None
, ABSENT: Councilman Heinsheimer
P.�SOLUTION OF APPRECIATION
Councilwoman Swanson suggested that resolutions of appreciation,
appropriately framed, be prepared for former members of the Council
Don Crocker and Mason Rose who served the City for eight years, and
that the.procedure be established to thank me�bers of City committees
and commissions in recognition of the tir.ie and effort expended, to be
presented when that service terminates . Members of the Council con-
curred with the recommendation.
YOUTH ON PAP.ADE 1830
Councilwoman Leeuwenburgh said she has received a letter inviting
the Rolling Hills City Council to participate in the third annual
Youth on Parade on January 8, 1983 .at 11 a.m. Councilwoman Leeuwenburgh
was authorized to proceed, on behalf of the Council, and to arrange for
transportation and for participation by the City.
RECOGNITION OF P.EtIREP'lEiVT = DR. CLAUI7E NORCROSS
Councilwoman Murdock said Dr. Claude Norcross , Superintendent of
Palos Verdes Peninsula Unified School District, is going to retire,
and she suggested that a plaque be presented by the City Council, with
an appropriate inscription. Members of the Council agreed unanimously
that a plaque should be presented by the Mayor at the retirement
dinner on November 18.
VETO OF FIRE6JORKS LEGISLATION 185T
Mayor Pernell advised the Council that the Senate Bill which
preempted local jurisdictions with regard to sale of fireworks was
vetoede
LEGISLATION RE: SECOND UNITS ON SIPIGLE FAP'IILY LOTS
The P'Iayor said legislation regarding second units on single
family lots has been passed and will becor.ie effective on July 1,
1983. P�ayor Pernell said the necv law will require cities and
counties to enact ordinances to establish policies to govern
creation of second living units on existing single family lots ,
but does not mandate cities to approve second units . The City
Attorney said he is familiar with the legislation and will meet
with the City PZanager to discuss the ordinance which will be
prepared for Rolling Hill.s , stating that in recent years the
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October 11, 1982
State has taken an increasing amount of authority away from cities
with regard to zoning.
OPEN AGENDA
DR. ROBERT Sr�ITH, 7 PINE TP.EE LANE _ 1879
Dr. Robert Smith advised the Council that he wished to address
the recent re-numbering of Pine Tree Lane. Dr, Smith said that he
concurs .with the need to re-number the even numbered side of the
street to accommodate the recent. subdivisions and provide addresses .
for the two ne��ly created lots, but inasmuch as there has not been
any subdivision on his side of the street, and discussions t��ith his
neighbors indicate that no one is planning to subdivide in the fore-
seeable future, he asked that re-numbering of residences on the odci
numbered side of the road be deferred until there is a need for.
additional numbers . The t�ayor advised Dr. Smitl.t LhaL- befor_e the
properties were re-numbered a public hearing �vas held by the Planning
Commission and following their reco�mendation, a l.iearin.� was held by
� th� City Council.. In the absence of any objection f_rom the residents
a resolution effecting the re-numbering was adopted� The r�Iayor said
Q the Council ' s action will stand unless there is an overcahel:r►ing show
�..� by residents that the rnatter should be reconsidexed�
m PUBLIC HEARING, APP�AL UF PLATJTIING COI•?MISSIOPd DECISION, ZOTdING Cl�SE rd�. 278
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Q Mayor Pernell opened a meeting of a public hearing on a�.i ap�ea]:
of a decision of the Planning Commission on August 17 , �.982 deny�.�z� "
a request by Dr. PZirko Giaconi for a Variance and. Conditi.onal Use
Permit for construction of a tennis court in the fronL- yar_d of_ Lot
73B-P.H, Tocated at 92 Saddleback P.oad.. The City P�anager displayed a� _
plot plan, and advised the Council tha� the notice of L-he h.earing on
ttie appeal was publishe.d in a local newspaper a.s requ.ired hy Ia�a, and:
was sent to all who received a notice of the ori�inal application°� �
Tlie Manager explained that in evaluating the appeal specific f-indirigs
need to be made by the Council in its capacity as the Board of Zoning
Adjustinent and Appeal, and he advised further that the Planning �om-
mission had. approved a request for a cabana and swimming poo7. in the.
front yard at the same time that the tennis eourt was denied.�
r7r. Frank Foliteo. advised. the Council that he design�ci the pro-
ject and is present to� represent Dr. Giaconio Mayor Pernell asked
P�r. Politeo to address the three Findings needed in: xelation to the
evidence of the case: 1) That there are exceptional or extraordinary
circumstances or conditions applicable to the property or to the
intended use; 2) Th�t such variance is necessary for L-he preservation.
of a substantial property ri�ht; 3) That the �ranting of such variance
will. not be materially detrimental to the public welfa.re or_ injurious
to property or improvements in the. vicinity and zone in �ahich L-he
property is located, tZr. Politeo said Dr. Giaconi' s appeal is based
on the denial because of the front yard location; he asked why the
application was accepted if the Zoning Ordinance prohibits tennis
courts in the front yard, and he was advised that the prohibition is
subject to appeal. The location of the house on the 1oL- makes the
front yard the only possible location for a tennis court, and 17ro
Politeo said the house is oriented on the property so that the rear
of the residence is closest to the proposed tennis court location.
Mayor Pernell explained that regardless of orientation of. the house,,
. the portion of land closest to the road, bet�veen the Lwo side lot
lines , is the front yard of the lot. Mr. Politeo said the plan shows .
a proposed berm which would hide the tennis court frorn view from the
street, and it would be too far from any adjoining property to cause
a problem because of noiseo �ie said the property caould be appropriate-
ly landscaped, and the current problem of weed gro�ath in the yard
would be eli�inated. He said the rear portion of the land is too
steep for consideration, and a side yard location would be close to
the nei�;hboring residence.
P�r. Jack Davidson, 100 Saddleback .Road, stated that he is present
to support the request for a tennis court in the proposed location,
explaining that a tennis court in rear of the Giaconi property would
be adjacent to the front yard of the Davidson propert�, and several
large trees would. have to be destroyed. Mrs . Betty Hesse, 77 Saddle-
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back Road, said she is present at the Meetin� to request that the
City Council u�hold the decision of the Planning Commission, t�rs .
Hesse said she drives past the Giaconi property once or twice each
day, and sees the stakes which define the tennis court location;
she said she prefers the natural shrubbery, and in addition she is
concerned about the effect of so much grading on Saddleback Road. �
PTrs . Hesse said she has cracks in her driveway, there are unstable
areas throughout the City, and �she felt that the drainage of the
7500 square feet of tennis court surface and the grading to accom-
plish the construc�tion of the court and the proposed berm would be
detrimental to Saddleback Road, and to the city in general.
Councilwo�an Leeuwenburgh said the pl.an displayed before the
Council is different from the plan in. the �file of the Planning Con-
mission, specifically with regard to orientation of the swimming pool.
Mr. Politeo explained that at the meeting of the Planning Commission a
comment was made about the crowded appearance of the swimming pool in
relation to the other proposed improvements, so the chan�e in orienta-
tion was made in response to that com�ent; in addition the driveway
was realigned and the location of the cabana was changed slightily.
He said the tennis court location or orientation �aas not changed fron
the plan reviewed by the Planning Commission, and if there is any
change in the final plan, it will be re-submitted for :approval.. PSr.
Politeo �.saa_d that in response ta concerns about drainage and gradin�,
all County requirements tiaill be met. Couneilwoma� t2urdock asked about
the proposed stable location. r4r. Politeo said the area for a stable
will be reserved as required by ordinance, and he indicated two areas
which could be considered. The Mayor closed the public hearingo
rZayor Pernell said that as the Board of Zoning Adjustment and
Appeal it is necessary for the Council to address tfie three findings
which have been enumerated, and it ��aas his opinion that there has not
been a demonstration of exceptional or extraordinary circumstances
or conditions applicable to the property or to the intended use that
do not apply generally to the property or class of use in the same
_ vicinity and zone. Councilwoman Swanson said she would like to look
at the property in order to evaluate the comments made by 2�r. David-
son and Mrs . Hesse, since the orientation of the house could affect
the location. P�ayor Pernell said that regardless of the orientation
of the house, the front yard of the property is not in question.
Councilwoman Leeuwenburgh said she thinks the Council should consider
only the plan whieh was before the Planning Commission, and not the
new plan submitted. The City Manager said the map sent to the Council
with the information pertinent to the case was the map reviewed by
the Planning Commission, and thE new subnittal was made by the appli-
cant to incorporate suggestions made by the Commission. Councilwoman
Murdock said the Council is acting as a Board of Zoning Adjustment and
Appeal acting on somethin� which was denied; she said she considered
it inappropriate to look at anything other than the �ap on which the
appeal was based. Councilwoman Swanson suggested that the applica�t
be given an opportunity to return to the Council with the proper plan,
and that further consideration be deferred until the next meeting. P•�r.
Smith said the Council has copies of the proper plan before them.
Councilwoman Leeuwenburgh said she wishes to make a field trip. The
Mayor said he does not feel that there are exceptional or extraordinary
circumstances applicable to the property, and it is his opinion that
a front yard improvement of the magnitude proposed is not apgropriate.
Following the discussion Councilwoman Swanson moved that further
discussion of the matter be deferred until the next meetin� to give
members of the Council an opportunity to visit the site. The motion
was seconded by Councilwoman Leeuwenburgh and carried by the following
roll call vote:
AYES : Councilwomen Leeuwenburgh, t�urdock, Swanson
NOES: P��ayor Pernel l
ABSEPIT: Councilman Heinsheimer
Members of the Council agreed to make individual field trips and
Mro Politeo said the stakes placed for the Planning Commission are
still on the propertyo
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October 11, 1982
P�IATTERS FROM THE CITY MANAGER 21.90
CONSTRUCTION IN P�AIN GATE AP.EA
Mr. Smith said he has received nnmerous complaints about the
construction in the Main Gate area in connection with the iinprove-
ment of the intersection, and he discussed with the Rolling Hills
Estates City Manager the paving schedule. Because the grade of the
road had to be dropped it will be several weeks before the paving
can be done, but watering trucks are used to attempt to keep the
dust at a minimum.
DAPPLEGP.AY PAP.K 2198
Mayor Pernell said he received a letter from Warran Schwarzman,
Mayor of Rolling Hills Estates, advising that Phase II of Dapplegray
Park has been completed, and thanking the City of Rolling Hills for
the financial support given to the equestrian facility for residents .
of Rolling Hills and Rolling Hills Estates by designating State Park .
Bond Funds to the City of Rolling Hills Estates for the project.
� Mayor Schwarzman said that without the contributions to both phases
0 of the development by the City of Rolling Hills the completion of
� the facility could not have been achieved in sa. short a tine.
m ADJOURNMENT 2204
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Q . Mayor Pernell adjourned the meeting at 8:45 P.r4. to reconvene
at 7: 30 P.M. Monday, October 25, 1982.
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City C erk
APPROVED; `
Mayor
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