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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. 2 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 3 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. 0 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. 6 346 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 w . " /_ N� City Clerk [1