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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 281 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 _2- ��2 . � 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 -3- . � . ,- 285 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 m - - 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- -4- � ��� October 11, 1982 . 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 -5- � 2 8'7 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 m Q . Mayor Pernell adjourned the meeting at 8:45 P.r4. to reconvene at 7: 30 P.M. Monday, October 25, 1982. � � . City C erk APPROVED; ` Mayor -6- . . -�3..:: .... .. . .- : ...