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9/22/1986356 MINUTES OF REGULAR MEETING OF THE CITY OF ROLLING A CITY COUNCIL HILLS September 22, 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, September 22, 1986. ROLL CALL PRESENT: Councilmembers Heinsheimer, Leeuwenburgh, Murdock, Swanson, Mayor Pernell ABSENT: None ALSO PRESENT: CONSENT CALENDAR Terrence L. Belanger Michael Jenkins L. D. Courtright June Cunningham Capt. E. Omohundro Ms. Jacki Bacharach A. Inferrera D. Mogleish Anne LaJeunesse Ann Johnson Robert Brown Marilen Zinner David Breiholz City Manager City Attorney City Treasurer Deputy City Clerk Sheriff's Dept. Penin. Transp. Architect Architect Peninsula News Los Angeles Times So. Calif. Edison Observer Resident Items on the Consent Calendar were approved in a motion made by Councilman Heinsheimer, seconded by Councilwoman Murdock and carried unanimously. APPROVAL OF MINUTES The minutes of a regular meeting on September 8, 1986 and an adjourned meeting on September 10, 1986 were approved and accepted as presented. FINANCIAL STATEMENT The Financial Statement for August 1986 was approved and accepted as presented. PAYMENT OF BILLS Demands No. 1606 through 1614 and 1616 through 1630 in the amount of $10,783.70 were approved for payment from the General Fund and Demands No. 1615 and 1625 in the amount of $2,774.90 were approved for payment from the Municipal Self Insurance Fund. SOUTH BAY CORRIDOR STEERING COMMITTEE Jacki Bacharach, Chairman of the South Bay Corridor Steering Committee, appeared on behalf of the Committee to request support from the City of Rolling Hills for a proposal that a Transportation Coordinator be retained, and she said, further, the fifteen South Bay Cities will be asked to commit $3,000 each from Proposition A monies to fund the Coordinator position. Chairman Bacharach read the job description that will be proposed at a meeting of the Steering Committee on Thursday, September 25, and she explained that in-kind services have been provided by participating cities, but it has been determined that the time has come to jointly fund the position of coordinator, and retain a person whose time is dedicated to coordinating South Bay transit efforts for a period of one year, at which time the need will be reassessed. 77 L September 22, 1986 In discussing the proposal, Councilwoman Swanson said she supports the concept of a Transportation Coordinator, but it was her recommendation that the request` be held for more information from the Steering Committee on the need to hire someone for the position. Chairman Bacharach read the job description for the position into- the record, and she said city staff personnel have been providing in kind services, but it has been determined that there is a need to hire a coordinator whose time would be dedicated to coordinating South Bay transit efforts, for a period of one year, starting in December of the current calendar year: Because there is no budget for the position, the proposal is to jointly fund the position and assess each city: She said the original plan was for a person to work out of the City Hall of one of the participating cities, but the current plan is to hire a consultant, rather than furnish office space. Chairman Bacharach said the next South Bay Corridor Steering Committee meeting will be on Thursday, September 25, and she asked that a member.of the Council co attend the meeting. Councilwoman Swanson said she plans to attend Lo the meeting. M Councilwoman Leeuwenburgh said the City Treasurer has informed LL her that there is a balance of $30,472 in the City's Transportation (n Fund from Proposition A funding, and she said she considers an Q allocation of $3,000 a comparatively small investment, and a good way to use the transit funds. Councilwoman Swanson asked whether the plan can be pursued without participation of all South Bay cities. Chairman Bacharach said the plan could proceed if at least nine cities allocate funding. Councilman Heinsheimer moved that the City Council. allocate $3,000 to support funding a Transportation Coordinator and a sufficient budget with which to work. The motion was seconded by Councilwoman Murdock and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock Swanson, Mayor Pernell NOES: None ABSENT: None The City Treasurer asked that the Budget be adjusted to reflect the allocation of $3,000. The Mayor so ordered. PUBLIC HEARINGS, CONTINUED Zoninq Case No. 327, Dr. H. Caesar, 2 --Pheasant Lane . Mayor Pernell ordered the Public Hearing on Zoning Case No-. 327, a request for a Conditional Use Permit for a tennis court, which was approved by the Planning Commission, continued until the next meeting on October 13, 1986. The City Manager said that at the next meeting a written agreement will be submitted on behalf of the applicant requesting that the matter be continued for a period of six months because of the moratorium on tennis court construction. Zoninq Case No. 329, Mr. & Mrs. Roger -Hawkins, - 37--£re.st--Road---West Mayor Pernell opened a public hearing on Zoning Case No-. 329, a request by Mr. and Mrs. Roger Hawkins for Variances of side yard setbacks on both sides, and a Variance for encroachment into the established front yard on Lot 241 -A -3 -MS, located at 37 Crest Road West. The Mayor noted that the public hearing was continued from the last meeting to give members of the Council an opportunity to make a field trip to the site. -2- 357 358 ;�ptember 22, 1986 Mr. Hawkins said that as requested by the Council at the field trip he has contacted South Bay Engineering Corporation and requested verification of survey and fence information. In a letter dated September 19, 1966, Harry E. Tubbs of South Bay advised that based on survey information obtained in October 1980, the fence on the westerly side of the property appears _to be approximately one foot inside the property line, and the fence on the easterly side appears to be approximately four feet inside the property line. Mr. Hawkins submitted revised plans showing eight feet less encroachment into the westerly side yard, and changes on the easterly side of the property resulted in a two foot less encroachment into the front yard. Mr. Hawkins said that although the original plan submitted is the preferred plan, the revised plan would fit his family's needs if approved. Mayor Pernell asked that the required front setback line be defined on the plan. The City Manager said the required front setback is 50 feet from the roadway easement, and he explained that the residence is presently located 124' from the centerline of Crest Road. Mr. Belanger explained that the house, with the proposed addition, will still be 112' from the roadway paving, and he explained that the request is for encroachment into the established front yard, not a Variance from front setback requirements. Councilwoman Murdock asked whether there are recorded easements on the property. Mr. Belanger said there are, and they are shown on the map, but it is his understanding that the easements have not been offered for dedication to the Rolling Hills Community Association. Mayor Pernell asked the City Attorney whether the City Council could make the offer to dedicate the easements to the Community Association and a requirement to move the fences a condition of approval of the request for variances. Mr. Jenkins said the Council could make either or both a condition of approval. The Manager said it might not be practicable to require moving the fences to the easement line. Councilwoman Murdock said she thought the Community Association should be alerted to the situation, and she suggested that the applicant be required to offer the easements for dedication, and either move the fences to the easement line, or request from the Board of Directors a license agreement to permit use of a portion of the easement and leave the fences where they are. Mr. Hawkins said the fences have been in place for at least 20 years, and there are mature trees and shrubs on the property which would make moving the fences difficult, since to do so would limit and restrict the owners' use of the land. Councilwoman Murdock said the Community Association controls the easements, and she suggested that Mr. and Mrs. Hawkins request a license to use the easements, explaining that because the Council is aware of the situation it is incumbent upon them to acknowledge it by conditioning their approval; she said whether the Community Association accepts the offer of dedication or grants a license for use of a portion of the easement is up to the Board of Directors, not the Council. Mayor Pernell said that when it appears that there has been an erosion of conditions an effort should be made to restore them if there is an opportunity to do so. Councilman Heinsheimer said that if the Council approves the request for Variances it should be clear that their approval does not include approval of the fences in their current location, and he said the process that will be set in motion by alerting the Community Association to the situation should not be permitted to delay completion of the project approved by the Council. Councilwoman Leeuwenburgh said she is concerned that future construction of a stable would require access, and she said the fences should be removed from the easement to provide that access. Mayor Pernell said the stable has been removed from the plans, and is not being considered at this time. In response to a question from the Mayor, the City Attorney said the Council could make certain requirements a condition of approval; specifically, dedication of the existing recorded easements to the Community Association, and a requirement that the applicant apply to the Association for a license agreement; also, relocation of the fences if required by the Association. -3- 1 359 September 22, 1986 Councilman Heinsheimer said the Attorney's recommendation provides some latitude for the apprlicant, who can leave the fences where they are if the Community' Association grants a license agreement for use of a portion of the easement. Mayor Pernell said the conditions would have to be met before any building permits can be obtained, and the City Attorney said the conditions of approval should be explicit in requiring that if granted, the license agreement should be executed before any building permits are issued. The Mayor asked that staff expedite the procedure to avoid unnecessary delay for the applicant. Mayor Pernell thereafter closed the public hearing. Councilwoman Murdock moved that the Council approve Zoning Case No. 329, a request by Mr. and Mrs. Roger Hawkins for Variances of side yard setback requirements and a Variance for encroachment into the established front yard on Lot 241 -A -3 -MS, located at 37 Crest Road West, as shown on a plan dated September 22, 1986 subject to a requirement that prior to issue of building permits the applicant offer the recorded easements shown on the map for dedication to the Rolling Hills Community Association; that the LO applicant be required to remove the fences which are currently 0) in the easement; and that the applicant be directed to apply to LL the Rolling Hills Community Association for a license agreement Co for use of a portion of the easements for placement of fences Q or relocation of the fences to the encroachment line approved by the City Council. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock, Swanson, Mayor Pernell NOES: None ABSENT: None OPEN AGENDA Mayor Pernell invited comment from any person present who wished to discuss items not on the agenda. Councilman Heinsheimer said that with regard to the discussion just completed relative to new residents who wish to make improvements on their property, it was his opinion that the Council should establish a policy which would require that a property be brought into compliance before a building permit for an improvement could be obtained. He suggested that the procedure should systematically address any property on which a new permit is needed. Councilman Heinsheimer suggested that a policy statement be developed which would be given to realtors and new owners when a property changes ownership, and he suggested, further, that the statement be published in the Newsletter annually. Mayor Pernell asked the City Manager to develop a policy statement for review by the Planning Commission and City Council. Councilwoman Leeuwenburgh said the Council's request that plans be complete, and that they be submitted in advance of the meeting should be emphasized .to applicants and their architects and engineers. Councilwoman Leeuwenburgh said the revised plan for Zoning Case No. 329 was distributed at the meeting, and was not complete, noting that the vicinity map showing improvements on adjacent properties was not on the revised map. SUBDIVISION NO. 81, PARCEL MAP 16864, FARROW Mayor Pernell opened the public hearing on Subdivision No. 81, an application by Mr. John Farrow, 12 Blackwater Canyon Road, for permission to divide a 7.55 acre parcel of land into two parcels. The Mayor noted that the hearing was continued from the City Council meeting on August 25, 1986 to give members of the Council an opportunity to make a field trip to the site. -4- 360 September 22, 1986 The City Manager said neither the applicant nor his representative was present at the hearing and recommended that the hearing be continued. Mayor Pernell asked that a copy of the proposed tract map be provided to members of the Council. The matter was continued to the meeting of October 13, 1986. STATUS OF FLYING TRIANGLE 2385 The Manager requested a brief closed session to discuss matters of litigation pertaining to the Flying Triangle landslide. Mayor Pernell said the regular meeting would be adjourned to a closed session. RESOLUTION OF APPROVAL, ZONING CASE NO. 328, JANKOVICH 2389 The City Manager reported that a resolution has been prepared which ratifies the action of the City Council sustaining the recommendation by the Planning Commission that Zoning Case No. 328, a request by Mr. and Mrs. Tom Jankovich for a Variance for encroachment into the required front setback be approved in Zoning Case No. 328 for Lot 49-RH, located at 35 Saddleback Road. The Manager said Resolution No. 554 contains the conditions imposed by the Council in reversing the appeal of the approval initiated by the Council and ratifies the Commission's approval of the request. RESOLUTION NO. 554 Councilman Heinsheimer moved that Resolution No. 554 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING A FRONT YARD SETBACK VARIANCE IN ZONING CASE NO. 328 be adopted, and that reading in full be waived. The motion was seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Swanson NOES: Councilwoman Murdock, Mayor Pernell ABSENT: None 14ATTERS FROM THE CITY COUNCIL Water Line Break At Miraleste High School 2444 Mayor Pernell asked the City Manager to report on a major break in a water line near Miraleste High School. Mr. Belanger said there was a blow out of a valve at the pumping station above Miraleste High School at approximately 3:30 a.m. Thursday, September 11, which caused approximately 500,000 gallons of water to flow into Miraleste Canyon and drained the reservoir on Crest Road in Rolling Hills. As a result approximately 50 homes in the community were without water, there was low water pressure in certain areas of the City and there was an increased fire hazard because of lack of water and pumping capabilities. Mr. Belanger said the Fire Department moved an additional engine company and two pumpers into the community until water levels were restored to a safe level. The Manager explained that the main problem was damage by the mud flow to electrical equipment which pumps the water into the reservoirs. The actual critical period lasted approximately 45 minutes, and was terminated at approximately 6:00 p.m. The Manager said he has discussed the situation with Fire and Sheriff's Department personnel with respect to the need for prompt notification to the City so officials and affected residents can be notified. Mayor Pernell said he wished to commend Captain Omohundro for the quick response and continued attention given to the emergency by Sheriff's Department personnel, stating that the initial problem was discovered by a Sheriff, and they were on scene diverting traffic and giving assistance during the emergency. -5- 361 September 22, 1986 ROAD CLOSURE - PALOS VERDES DRIVE NORTH 10/2 The City manager reported that Palos Verdes Drive North, immediately east of the Main- 'dat'e, will be closed for repairs from approximately 8:30 a.m. to 4:30 p.m;. Monday,, September 29 and Tuesday, September 30. Mr. Belanger said he met. with Ray Taylor, City Manager of Rolling Hills Estates, and both cities are coordinating efforts 'to reduce congestion and delay during the road closure. A notice has been sent to all Rolling Hills residents in the Newsletter, and signs have been posted advising of the planned closure. Further, Mr. Belanger said, signs will be posted in the community asking residents to avoid the intersection of Portuguese Bend Road and Palos Verdes Drive North, and encouraging all traffic to and from Rolling Hills to.use the Eastfield and Crenshaw Gates ' during the construction. The manager explained that traffic will be permitted to pass in one`direction only on Palos Verdes Drive North at all times to accommodate residents of the area and school children*. The Manager said the Fire and Sheriff's Departments have been advised of the proposed closure and will assist the cities as needed, explaining that co residents of Rolling Hills who live on the south side of Palos Lo Verdes Drive North have no other access to their properties-- Mr- * Belanger said representatives of all cities on the 'Peninsula met 0) to discuss the matter, and information on the road closure will LL be made available to residents of the four Peninsula cities, and Co he said the Rolling Hills Community Association has also been < informed. MEETING WITH SAGE INSTITUTE REPRESENTATIVES - RE: - SCHOOL --PROPFRT­I-ES, Mr. Belanger said he will be meeting with representatives of Sage Institute, who have been retained, by the School District to undertake a study of. surplus school properties. Members of the School Site Committee will attend the meeting, and the Manager said he will report the results of the meeting to the City Council". PERSONAL APPEARANCE, DAVID BREIHOLZ 85/2 David Breiholz, President of Caballeros, said he attended the meeting to participate in a public hearing on Subdivision No. 81, which has been continued to the next meeting., Mr-. Breiholz said that as a private citizen he wished to commend the City Council on their diligence and efforts regarding opening and maintaining easements as demonstrated in their discussion of zoning Case No' * 329. Mr. Breiholz submitted a letter dated September 16, 1986,. stating that on behalf of the members of Caballeros he wished to commend the City Council's recent decision to impose a moratorium on tennis court permits. He stated that Caballeros shares the Council's philosophy of maintaining the rural atmosphere of the Community, and said the moratorium to study conditions of approval will provide long term benefits for the City. Mayor Pernell thanked Mr. Breiholz and asked that the letter be received and included in testimony at the hearing at the next meeting. MEETING RECESSED TO CLOSED SESSION Mayor Pernell recessed the meeting to a closed session at 9;00 p.m. MEETING -REC=ONVENED Mayor Pernell reconvened the meeting at 9:50 p;m'.- and said the Council discussed matters of pending litigation. GROUNDBREAKING CEREMONIES, METRORAIL Councilwoman Swanson invited members of the Council to the groundbreaking 'Ceremonies for Metrorail on Monday, September 29, 1986. September 22, 1986 ADJOURNMENT The meeting was adjourned at 10:10 p.m. to Monday, October 13, 1986 at 7:30 p.m. 1 City Clerk APPROVED: Mayor '1►z n L