8/25/1986ME
MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
August 25, 1986
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 Pernell
at 7:30 p.m., Monday, August 25, 1986.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
APPROVAL OF MINUTES
Councilmembers Leeuwenburgh, Swanson, Murdock
Mayor Pernell
Councilman Heinsheimer
Terrence L. Belanger
Michael Jenkins
Ginger Blake
Capt. Omohundro
Douglas McHattie
Robert Earle
Ann La Jeunesse
Diana Chapman
Mr. & Mrs. L. Lusk
Ms. L. Lusk
Mr. Sean Lusk
Mr. T. Jankovich
Mrs. - 1`. Greenberg
Mr. D. Breiholz
Mr. & Mrs. J. Brogdon
Mr. & Mrs. R. Hawkins
City Manager
City Attorney
Secretary
L.A. County Sheriff
South Bay Engineering
Architect
Palos Verdes News
Daily Breeze
Residents
26
. Councilwoman Leeuwenburgh asked that the minutes of a meeting
on August 11, 1986 be amended on page 8 to state that Councilwoman
Leeuwenburgh attended a farewell reception for outgoing City Manager
Don Guluzzy, and; also on page 8 under Postal Committee, that
it be amended to show that Mayor Pernell requested that the City
Manaqer find out what the make-up of the committee is to be. The
minutes as amended were approved and -accepted on a motion made
by Councilwoman Leeuwenburgh, seconded by Councilwoman Swanson
and carried unanimously.
The minutes of an
and a special meeting of
1986, were approved and
by Councilwoman Swanson,
and carried unanimously.
FINANCIAL STATEMENT
adjourned meeting of the City Council
the Planning Commission on August 12,
accepted as presented on a motion made
seconded by Councilwoman Leeuwenburgh,
The Financial statement for July 1986 was approved and
accepted as presented.
PAYMENT OF BILLS
Councilwoman Swanson moved that Demands No. 1546 through
1557 and 1559 through 1576, in the amount of $29,519.79 be approved
for payment from the General Fund. The motion was seconded by
Councilwoman Leeuwenburgh and carried unanimously.
RESOLUTION NO. 553
On a motion by Councilwoman Swanson, seconded by Councilwoman
Leeuwenburgh, it was moved that A RESOLUTION OF THE CITY COUNCIL,
CITY OF ROLLING HILLS, APPROVING AND ADOPTING THE ANNUAL
APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1986-87 be approved.
The motion was unanimously carried.
August 25, 1986
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
On a motion by Councilwoman Swanson, seconded by Councilwoman
Leeuwenburgh, it was moved that the City Council allocate its
FY86-87 Supplemental Community Development Block Grant Funds to
the City of Lomita for senior citizen housing. The motion was
unanimously carried.
HAZARDOUS MATERIALS ADMINISTERING AGENCY DESIGNATION
Councilwoman Swanson moved that the City Council designate
the County of Los Angeles Fire Department as its Administering
Agent regarding the. new Hazardous Materials Disclosure Program.
The motion was seconded by Councilwoman Leeuwenburgh, and carried
unanimously.
CEREMONIAL PRESENTATION 60
1 Mayor Pernell presented Mr. Lowell "Skip" Lusk, former Board
Member for the Rolling Hills Community Association, Environmental
Quality Board member, Tennis Club Member, and resident since 1948,
Lo a placque and a framed map of the City, expressing the City
Council's appreciation for his outstanding service, loyalty,
dedication and hard work for the City. Mr. Lusk introduced his
LL family, and thanked Council for giving him an opportunity to serve
co his community.
Mr. Dave Breiholz, President of Caballeros, thanked "Skip"
Lusk for his fine work and diligence while serving the Community.
PLANNING COMMISSION ACTION, AUGUST 19, 1986 164
The City Manager advised the Council that at a regular meeting
of the Planning Commission on Tuesday, August 19, 1986, the
Commission made the following recommendations:
Zoning Case No. 329, Hawkins, Variance,
A request by Mr. & Mrs. Rogers Hawkins for a Variance from
the side yard and front yard requirements of the Municipal Code
for 37 Crest Road West, Lot 241 -A3 -MS, was denied by the Planning
Commission.
The City Manager reported that Mr. & Mrs. Hawkins have
submitted a letter of appeal, and it was recommended that the
City Council receive the letter of appeal, and set the matter
of Zoning Case No. 329 for a Public Hearing on Monday, September
8, 1986, as they have satisfied all the necessary requirements
needed for an appeal.
On a motion by Councilwoman Murdock, seconded by Councilwoman
Swanson, it was moved that a Public Hearing for Zoning Case No.
329, be set for Monday, September 8, 1986, at 7:30 p.m., at City
Hall, #2 Portuguese Bend Road, Rolling Hills, CA 90274. The motion
was carried unanimously.
Subdivision No. 81, Farrow, Parcel Map 16864
An application by Mr. John Farrow, 12 Blackwater Canyon
Road, to divide a 7.55 acre parcel of land into two parcels of
land, Parcel Map 16864, was approved by the Planning Commission.
The City Manager recommended that the City Council set for Public
Hearing the matter of Subdivision No. 81.
On a motion by Councilwoman Swanson, seconded by Councilwoman
Leeuwenburgh, it was moved that a Public Hearing for Zoning Case
No. 329 be set for Monday, September 8, 1986, at 7:30 p.m.
In consideration of the upcoming Public Hearing on the Tennis
Court Moratorium that is also scheduled for September 8, 1986,
Councilwoman Swanson amended her motion to read that the date
for the Public Hearing on Zoning Case, No. 329 be set for Monday,
September 22, 1986, at 7:30 p.m., at City Hall, #2 Portuguese
Bend Road, Rolling Hills, CA 90274. The motion was seconded by
Councilwoman Leeuwenburgh, and carried unanimously.
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August 25, 1986
342
PUBLIC HEARING, ZONING CASE NO. 327 249
Mayor Pernell reported that the City Council set for Public
Hearing Zoning Case No. 327, a Conditional Use Permit Application
for a tennis court at 2 Pheasant Lane, by Dr. Hugo Caesar. Since
the time that this matter was set for Public Hearing, the City
Council instituted an Urgency Ordinance which placed a moratorium
on the consideration of the construction of tennis courts,
therefore, it would not be appropriate to hear the request, and
it will be held in abeyance until the matter of the extension
of the moratorium can be heard and discussed.
On a motion by Councilwoman Swanson, seconded by Councilwoman
Leeuwenburgh, it was moved that a Public Hearing for Zoning Case
No. 328, Request for Conditional Use Permit for Tennis Court,
be continued until Monday, September 22, 1986, 7:30 p.m., City
Hall, #2 Portuguese Bend Road, Rolling Hills, CA 90274, and
unanimously approved.
PUBLIC HEARING, ZONING CASE NO. 328 280
Mayor Pernell opened a Azblic H.earing on an application
by Mr. and Mrs. Jankovich, for a Variance for residence to encroach
into established front yard, at 35 Saddleback Road. It was also
noted that the-•. City Council made a field trip to the residence
on August 12, 1986.
The City Manager reported that on August 12, 1986, Council
directed staff to research the process by which the deck area
and the 8 foot screening fence, located upon it, were approved
by the Architectural Committee and the Rolling Hills Community
Association. In December 1972, the plans for decking around the
pool were approved, along with the 8 foot screening wall. At
that time, the City of Rolling Hills Zoning Ordinance had a
front yard setback requirement of 30 feet, and the improvements
did not encroach into the minimum front yard setback. The review
and approval of the plans did not fall within the jurisdiction
of the Planning Commission and/or the City Council. In 1979,
the City of Rolling Hills adopted new minimum front yard setback
requirements, and changed the minimum front yard setback from
30 feet to 50 feet.
The City Manager also reported that a letter addressed to
the City Council, and dated August 23, 1986, from resident Joan
Saffo, be accepted and entered into the record. The general
statement of Mrs. Saffo reflects her desire to see open space
and the rural atmosphere of Rolling Hills maintained and preserved
by the City Council.
Mayor Pernell asked for further testimony, and hearing none,
closed the Public Hearing. Councilwoman Swanson stated that after
viewing the property, it was felt that government be allowed to
use a certain amount of latitude in.making judgements on unusual
circumstances, and therefore, the request should be granted. It
was also her opinion that the proposed work would be more pleasing
to the eye, and it would provide privacy for the applicant and
the community. Councilwoman Leeuwenburgh agreed with Councilwoman
Swanson, She also noted that the topography of the parcel limits
the kind of development because the house addition has to be built
on caissons, and the screening of the recreation areas and pool
from the street is a benefit to all the neighbors; this is an
exception that should be granted.
Councilwoman Murdock stated that she had a difficult time
with the proposal, since it is a further encroachment into the
proposed 50 foot setback. The screen that was maintained before
was through landscaping, and now the present owner has removed
that, and she does not see the necessary hardship that is required
for the granting of a Variance.
Mayor Pernell asked how much more encroachment there was?
The City Manager reported an encroachment of approximately 2 feet.
Mayor Pernell stated that he and Councilwoman Murdock came to
the Council with prior planning commission background, and hardship
is one of the conditions that is considered with
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August 25, 1986
343
any applicant, and to go from a 3,500 square foot house to 8,000
square feet, does not seem to present a hardship.
Mayor Pernell asked the City Attorney for direction; if
the Council is acting on the application or acting on the
recommendation of the Planning Commission. The City Attorney
reported that the Council would be acting on an appeal from the
action of the Planning Commission, which in this instance, has
been taken by the Council, thus the action is to uphold the appeal
(to affirm) or reverse the action of the Planning Commission;
in the absence of action by this Body, the Planning Commission's
actions stand.
Councilwoman Swanson moved that the appeal be denied, and
in so doing, affirm the decision of the Planning Commission, which
would grant permission to the applicant for a Variance of front
yard setbacks, subject to the same condtions that were imposed
by the Planning Commission. The motion seconded by Councilwoman
Leeuwenburgh.
AYES: Councilmembers Swanson, Leeuwenburgh
NOES: Councilmember Murdock, Mayor Pernell
L
C ABSENT: Councilmember Heinsheimer
LL
Mayor Pernell stated that the motion that the appeal be
Q denied has failed.
Councilwoman Leeuwenburgh moved that the Zoning Case No.
328, Request for Variance, be continued until Monday, September
8, 1986, at 7:30 p.m., City Hall, #2 Portuguese Bend Road, Rolling
Hills, CA 90274, when all the Council Members will be present.
Motion seconded by Councilwoman Murdock, and carried on a 3-1
vote, with Councilwoman Swanson dissenting.
OPEN AGENDA 505
STUDENT AND THE LAW PROGRAM
-Captain Omohundro, Lomita Sheriff's Station, reported that
he had sent a memorandum to each City Manager on the Peninsula
last month, urging the continuation of the Student and the Law
Program that had been taught at Rolling Hills and Miraleste High
Schools. The funding for this program has been paid by the City
of Rolling Hills Estates, however, the proposed 1987 budget will
not fund this program. As a result of this decision, the L.A.
County Sheriff proposed that the cost for providing the curriculum
at the two high schools be shared by Rancho Palos Verdes, Rolling
Hills Estates, and Rolling Hills, based on the number of students
from the respective communities in each of the high schools. The
amount of monies that the City of Rolling Hills would contribute
would be $1,176.
At the Regional Law Enforcement Committee Meeting, it was
discussed, and decided that the representatives from thecities
would discuss this matter with their respective Councils.
Councilwoman Murdock stated that the possibility of having a program
at Rancho del Mar was discussed. Captain Omohundro stated that
a program could be accomplished by placing an officer in the
classroom and having an overview presented, similar to an assembly.
Mayor Pernell requested that a statement be received from
the participating schools indicating their point of view regarding
this program.
Councilwoman Leeuwenburgh reported that Dr. Bruni, Principal
of Miraleste High, had called her today, and asked that she inform
the Council that he felt the program was very rewarding, and gave
the students an opportunity to look at Sheriff Deputys in a
different light. He was very positive about the program, and
he would like to have it reinstated.
4
August 25, 1986
Councilwoman Murdock stated that members of the Regional Law
Enforcement Committee were concerned about the emphasis on career
recruitment which is apparent in the instructional guide, and
the concern was that we not be placed in a position of lending
financial support to a program that would then evolve into other
career agencies coming to us, saying we should support their
programs. The part of the program that deals with the student
and presenting the side of law enforcement that the student does
not often see is a very valuable one. These concerns could be
mitigated by one, seeing that the Sheriff's Department be willing
to participate financially in the program, and therefore, it would
be justifiable that they are paying some for their career
recruitment, or two, modify their presentation to de-emphasize
career recruitment, and re-emphasize the interaction between the
students and law enforcement.
Councilwoman Murdock stated the the Regional Law Enforcement
Committee voted to discuss, and not to recommend, the program.
She also noted that the School District has a cut-off date that
they are concerned with, in letting the students know if the class
will be available, and that date is September 15, 1986, before
they would have to commit. A Regional Law Enforcement Meeting
could be called, or this matter discussed over the phone-. The
City Manager reported that this item is scheduled on Rolling Hills
Estates agenda for tomorrow night. If any one of the three City
Councils decides not to proceed, it will affect the program. -
Rancho Palos Verdes will be having their meeting on September
8, 1986 to discuss this matter.
Mayor Pernell requested that written support be received
from the schools, and that consideration will be given in placing
this item on the next agenda.
STATUS OF FLYING TRIANGLE
H -M
The City Manager reported that the City of Rolling Hills
and the City of Rancho Palos Verdes Task Force, have identified
the recommended areas for sub -surface exploration. The recommended
drilling sites have been placed on a map for review. There is
also a need for the City Attorney to discuss the status of the
litigation regarding the Flying Triangle after the agenda is
completed this evening.
MATTERS FROM THE CITY -COUNCIL 702
ENDORSEMENT OF HAL CROYTS FOR TREASURER - IN- LEAG-UE - -OF-- - -CALIFORNIA
CITIES
Councilwoman Leeuwenburgh received a letter from Hal Croyts,
asking that the Council endorse his candidacy for Treasurer for
the League of California Cities. Presently, there is no one running
against him. On a motion by Councilwoman Leeuwenburgh, seconded
by Councilwoman Swanson, it was moved that the Rolling Hills City
Council endorse Hal Croyts candidacy for Treasurer in the League
of California Cities, and passed unanimously.
SCAG TRANSPORTATION COMMITTEE
Councilwoman Swanson reported that she sits on the SCAG
Transportation Committee, and it was the Committee's recommendation
that the FAU Funds be allowed to be traded- FAU Funds are not
being utilized to the fullest outside of the SCAG
AG region,' and
the reason for that is the complexity of the paperwork..* and many
cities are discouraged -from applying for those funds-_
REGIONAL LAW ENFORCEMENT MEETING
Councilwoman Murdock stated that at the last Regional Law
Enforcment Meeting, concern was expressed regarding some type
of enforcement regarding the joggers who are running 3 and 4
abreast, bikers, etc. The Sheriff assured that some action would
be taken, to remind the residents and non-residents thAt they
are to stay inside the white liner and run or bike single file.
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August 25, 1986
345
POSTAL COMMITTEE
Councilwoman Leeuwenburgh reported that she attended a Postal
Committee Meeting on Friday, August 22, 1986, and there were
representatives from all four cities' and Congressman Lungren and
his staff also attended. Neil Stanton Palmer has been awarded
the contract to design the new Postal Facility in the Peninsula
Center, and it is estimated to cost approximately $290 a square
foot for this 3 story building, and run to over $9,000,000.
The building is proposed: to go from the existing 13,000
square feet to 34,000 square feet at the same site-. Congressman
Lungren has expressed a des ' ire to meet again The design - is to
be completed by March 1987, the construction contract awarded
in June 1987, and the site move -in some time in December
*.
1988
Councilwoman Murdock noted that the Federal-Government.can supercede
local governments, and it was the power to use any design or place
any building wherever it desires, so. we are fortunate that there
is, an open forum that allows the local cities to. express their
concern, and a willingness with the Federal Government to hear
(D them.
LO REQUEST FOR LITIGATION SESSION
LL Councilwoman Swanson requested a litigation session to briefly
co discuss various issues related to the Flying Triangle.
< MATTERS FROM STAFF 799
APPREHENSION OF VANDALS
The City Manager reported that the Los Angeles County Sheriffs
apprehended several young people who were caught in the act of
pilfering resident signs from throughout the Community. None
of the youths were Rolling Hills residents,
NOTICE FROM LEAGUE OF CALIFORNIA CITIES REGARDING NAYLOR LEGISLATION
The City Manager reported that he had received information
today- from the League of California Cities, that indicated the
Conference Committee on the Naylor Legislation recommended, on
a 4 to 2 vote, that the Naylor Act be repealed. The Naylor Act
gives the local jurisdiction first right of refusal to purchase
a school district's land, at a lower than market rate, to preserve
open space. The effect of this repeal would allow the school
districts to sell the land at a fair market to the highest bidder,
and would severly constrain local governments ability to preserve
open space. The League is asking that the cities in the State
immediately communicate with their local legislators their feelings
on this proposal, and send letters of opposition.
Councilwoman Swanson moved that a letter be sent to the
appropriate members of the 'committee, the Governon, and members
to contact personally or otherwise to lobby, with the Mayor's
signature on behalf of the City council, opposing the repeal of
the Naylor Act. The motion seconded by Councilwoman Leeuwenburgh,
and carried unanimously.
MONTHLY SOUTH BAY CITIES � ASSOCIATION--MEET-1-N.G..
The City Manager reported that this Thursday August 28,
1986, there will be a South Bay Cities Association Meeting" and
if anyone wished to attend, to please let, him..know-. Councilwoman
Swanson stated that she usually attends those meetings; b ' ut will
be unable to do so this time, and recommended that someone else
attend.
RECESS TO LITIGATION SESSION 877
The meeting was recessed to a litigation session to discuss
various issues related to the Flying Triangle at 8:35 p.m.
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346
August 25, 1986
MEETING RECONVENED
The meeting was reconvened at 9:45 p.m. and the Mayor
announced that funds were appropriated for litigation purposes.
ADJOURNMENT
883
The meeting was adjourned at 9:46 p.m., and the Mayor
announced that the next regular meeting of the City Council would
be on Monday, September 8, 1986, at 7:30 p.m.
APPROVED:
Mayor
7
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City Clerk
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