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.
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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.
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;�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.
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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.
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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.
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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
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