11/10/1986MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS
November 10, 1986
A 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 Pro Tem Swanson
at 7:40 p.m., Monday, November 10, 1986.
ROLL CALL I
PRESENT:
ABSENT:
ALSO PRESENT:
CONSENT CALENDAR
Councilmembers Leeuwenburgh, Murdock,
Swanson, Heinsheimer
Mayor Pernell arrived at 7:45 p.m.
None
Terrence L. Belanger
Michael Jenkins
L. D. Courtright
Ginger Blake
Capt. E. Omohundro
Ann Johnson
Douglas McHattie
David Breiholz
Pamela Goldring
Mr. & Mrs. V. Martinov
Mr. Chris Thompson
Mrs. Ann Carley
City Manager
City Attorney
City Treasurer
Secretary
Sheriff's Dept.
L.A. Times
So. Bay Engineering
Engineer
Observer
Residents
. Items on the Consent Calendar were approved on a motion made
by Councilman Heinsheimer, seconded by Councilwoman Murdock and
carried unanimously.
APPROVAL OF MINUTES
The minutes of a regular meeting held on October 27, 1986,
were approved and accepted as presented.
PAYMENT OF BILLS
Demands No. 1703 through 1724, and 1726 through 1731, in
the amount of $21,908.31 were approved for payment from the General
Fund. Demand No. 1725 in the amount of $928.45 was Approved
for payment from the Municipal Self Insurance Fund.
NORMAN LA CAZE, 24 PORTUGUESE BEND ROAD, LETTER OF OCTOBER 10,
1986
A letter dated October 10, 1986 from Norman La Caze, owner
of property located at 24 Portuguese Bend Road, was received by
Council at their October 27, 1986 City Council Meeting. Mr. La
Caze requested an exception to the Tennis Court Moratorium because
his application for a tennis court was already in progress when
the Moratorium was instituted.
The City Manager 'recommended that the City Council continue
to maintain the Moratorium on the construction of tennis courts
in a uniform fashion. With the institution of a Moratorium, those
applications for tennis courts which were then in progress were
placed in abeyance; as regards, either approval and/or
implementation. The policies and procedures which govern the
construction of tennis courts, within the community, are being
reviewed. Exceptions to the moratorium would not be in keeping
with the intent of same.
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November 10, 1986
373
On a motion by Councilman Heinsheimer, seconded by Councilwoman
Murdock, it was unanimously,_,agree;d that Council would receive
and file Mr. Norman R. La' Caz`'e�`s' letter, and file it in the
appropriate manner.
ZONING CASE NO. 332, MR. & MRS. JOHN PROVINE 60
The City Manager, reported that Mr. & Mrs. John Provine, #2
Williamsburg Lane, have requested a Variance from the side yard
requirement and the minimum front yard requirement so that they
may be able to construct an addition to their residence. The
Planning Commission heard the matter of Zoning Case No.' 332 on
September 16, 1936 , and October 21, 1986. The Planning Commission
did a site investigation of the Variance request on October 4,
1986. At the two public hearings conducted 'by the Planning
Commission, there were no comments, written or verbal in opposition
to the applicants request. After the close of the public hearing,
the Planning Commission found that due to topographical, physical
and structural constraints inherent in the applicants property,
there were sufficient diminution of rights to utilization of said
property, and hardship related thereto, to warrant the granting
of a Variance pursuant to the applicants request. The Planning
Commission approved the request with the unanimous vote of 5-0,
and submitted their Findings and Report on Zoning _Case No. 332
to City Council.
MAYOR PERNELL ARRIVED AT 7:45 p.m.
Councilwoman Murdock stated that in reviewing ,.the Findings
and Report for Zoning Case No. 332, she noted that,the applicants
have requested a 2 foot encroachment into the minimum front yard
setback of 50 feet, but it doesn't call out for a request for
encroachment into the side yard in Section II. In Section III,.
Councilwoman Murdock noted that the side yard encroachment not
exceed 5 feet, but it is not called out in the findings as to
what the original request was. The City Manager reported that
this was merely a clerical error, and would be corrected.
Mayor Pro Tem Swanson stated that since there was no action
by Council on Zoning Case No. 332, the Planning Commission's
approval of October 21, 1986, a request by Mr. & Mrs. John Provine
for a Variance of front and side yard setbacks, stands.
ZONING CASE NO. 333, MR. & MRS. WILLIAM MARTIN 162
The City Manager reported that Mr. & Mrs. William Martin,
17 Caballeros Road, made application for a Variance from
encroachment into an established front yard and encroachment into
minimum front yard requirements for the purpose of constructing
a stable and corral area. The Planning Commission held public
hearings on September 16, 1986, and October 21, 1986, and conducted
a site investigation on October 4, 1986. The applicant has
requested construction of a stable and corral in the existing
front yard at 17 Caballeros Road. The area in which the proposed
stable and corral are to be located is a currently existing narrow
corral area, which does not have building structures located.within
it. The applicants wish to improve the corral area by increasing
the overall square footage. The applicants also wish to build
a stable within the approved corral area. In order to accomplish
the expansion of the corral, retaining walls would have to be
constructed. The request for a variance to the minimum front
yard setback comes as a result of the need to extend one of the
retaining walls beyond the 50 foot minimum setback.
At the public hearings, there were no comments, written or
verbal, in opposition to the applicants Variance request. However,
Planning Commissioner Allen Lay, who lives at 19 Caballeros Road,
which is to the immediate north of the subject property, addressed
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374 November 10, 1986
the Planning Commission as a resident, and not in his capacity,
as a Planning Commissioner. Mr. Lay said he supports the Martins
right to develop a stable on their property, and would support
the approval of a Variance request if certain conditions were
met to minimize his concerns. At the close of the public
hearing, the Planning Commission conditionally approved the Variance
application on a vote of 3 yes, 1 no, and 1 abstention for Zoning
Case No. 333.
Councilwoman Leeuwenburgh requested that Council make a field
trip to see the site, as the topographical map presented did not
show the location of the proposed improvements. David Breiholz,
engineer for the Martins, came forward to indicate on the
topographical map where the improvements would be.
Councilman Heinsheimer requested procedural clarification,
as it appears that Council is getting into a new procedure.
Previously, the Planning Commission would review all zoning cases,
and then the decisions of the Planning Commission would be placed
on the Council's agenda, as a routine matter, whereby the Council
could review the Planning Commission's decisions. The only action
that the Council could take would be to either accept the decision
of the Planning Commission, or take jurisdiction of the matter.
It appears that Council is now reviewing each item individually,
with staff making detailed presentations, and asking Council to
make judgements. Councilman Heinsheimer stated that he is concerned
about taking testimony in a non -hearing context, and evidence
that was not a part of the Planning Commissions record; is Council
judging the merits of each zoning case, or is Council making a
review --6f the Planning Commissions decisions. The City Attorney
stated that Councilman Heinsheimer's point is very well taken,
and Council should be cautious not to get involved in the merits
of each zoning case, and to treat them summarily with respect
to the question whether Council is going to take jurisdiction
of a case or not. Mayor Pernell informed the Council that it
would be necessary for three votes to be made by Councilmembers,
in order for the Council to take jurisdiction over a Planning
Commission decision.
Councilwoman Leeuwenburgh stated that front yard stables
are a departure from the norm, and a field trip should be made.
Councilwoman Murdock also agreed that an inspection to the property
should be made.
Councilwoman Leeuwenburgh moved that the Council take
jurisdiction in Zoning Case No. 333, a request for Variance for
construction of a stable in the front yard at 17 Caballeros Road.
The motion was seconded by Councilwoman Murdock and failed to
pass by the following vote:
AYES: Councilmembers Leeuwenburgh, Murdock
NOES: Councilmembers Heinsheimer, Swanson, Mayor Pernell
ABSENT: None
Mayor Pernell ordered that the decision of the Planning
Commission be upheld.
ZONING CASE NO. 334, Mr. & Mrs. VICTOR MARTINOV 392
The City Manager reported that the Planning Commision approved
an application for Variance from minimum front yard setback
requirements and height limitation requirement related to habitable
space on top of habitable space. The applicants, Mr. & Mrs. Victor
Martinov, at 33 Chuckwagon Road, currently have a non -conforming
encroachment into the minimum front yard setback. The residence
encroaches into the minimum front yard setback of 17 feet at the
present time. The Variance request is for the encroachment of
an additional foot, from 17 to 18 feet. The applicants also have
requested a Variance from the height limitation requirements of
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the zoning ordinance. Specifically, t * he applicants ask for alr7r,
Variance. from the prohibition of habitable living space being
built
built on top of other habitable living space (2 story and/or 2
level construction). The Planning Commission approved the
application for Variance from minimum front yard setback
requirements and height limitation requirements related to habitable
space on top of habitable s
:'Ijurinq the public hearing, the
Planning Commission received manycomments in support of the
Variance application. Also, the applicants presented a petition
signed by most of the homeowners in the Chuckwagon Road area,
which express support for Mr. & Mrs. Maitinov's Variance
application. Following the public hearing, the Planning Commission
found that the topographical, physical and structural constraints
inherent in the property justified the granting of a Variance
per the applicants request. The Planning Commission voted 3 yes,
and 2 no, to approve Zoning Case No. 334.
Councilwoman Murdock stated that she felt the Council. should
take jurisdiction of the case, as she could see no proof of
hardship. Councilwoman-Leeuwenburgh also noted that a topographical
map was not provided.
Councilwoman Murdock moved that the City Council take
jurisdiction of Zoning Case No. 334, as there is inadequate proof
(D of hardship. The motion was seconded by Councilwoman Leeuwenburgh,
LD - and carried by the following roll call vote:
La) AYES: Councilmembers Leeuwenburgh, Murdock
i- Mayor Pernell
co
NOES: Councilmembers Heinsheimer, Swanson
ABSENT: None
Councilwoman Murdock moved that the City Council set a public
hearing on Zoning Case No. 334 for Monday, November 24, 1986:. The
motion was seconded by Councilwoman Leeuwenburgh, and carried
by the following roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh,
I Murdock, Swanson, Mayor Pernell
NOES: None
ABSENT: None
Mayor Pernell stated that the Council now has jurisdiction
in this matter, and stated that a public hearing has' been "set
for the next regular City Council Meeting, Monday, November 24,
1986, at 7:30 p.m. A field trip will be scheduled for Monday,
December 8, 1986 at 7:30 a.m. at 33 Chuckwagon Road, Rolling Hills,
CA.
ZONING CASE NO. 335, MR. & MRS. MAURICE LAM. 613
The City Manager reported that in May 1986, Mr. & Mrs. Maurice
Lam purchased the residence at 68 Saddleback Road, from the Kreags.
At the time of purchase, there were valid conditional use permits
for a guest house, a cabana and a tennis court. With the initiation
of the interim ordinance to place a moratorium on the construction
of tennis courts, the conditional use permit for the tennis court
at 68 Saddleback Road was placed in suspense. However, the
conditional use permit for a guest house and a cabana expired
in August 1986, before construction could commence. Therefore,
the Lam's have submitted an application for- a new conditional
use permit to allow for the construction of a guest house and
cabana.
The Planning commission held a public hearing on October
21, 1986, to hear testimony regarding Zoning Case No. 335. There
were no comments, written or verbal, presented in opposition to
Mr. & Mrs. Lam's conditional use permit application. In that
the application was virtually the same as one previously approved
by the Planning commission, it was determined that a site
investigation was not necessary. The Planning commission approved
Zoning Case No. 335, a Conditional Use Permit for construction
of a guest house and cabana at 68 Saddleback Road. The vote was
5-0.
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November 10, 1986
376 Mayor Pernell stated that since there was no objection by
Council to the Planning Commission's decision, their action stands,
and the Conditional Use Permit is approved.
OPEN AGENDA
654
Mayor Pernell opened the meeting to comment from persons
present at the meeting, and explained that items not on the agenda
would not be acted upon, but could be scheduled for discussion
at a later meeting if the Council wishes to do so.
WELCOME TO ANN CARLEY
Councilwoman Leeuwenburgh introduced Ann Carley, the newest
member of the Board of Directors of the Rolling Hills Community
Association.
SOUTH PENINSULA GEOTECHNICAL TASK FORCE 670
The City Manager reported that the South Peninsula Geotechnical
Task Force has scheduled a meeting for Wednesday, November 12,
1986, to discuss the area landslides in the South Peninsula area.
The City of Rancho Palos Verdes has changed membership in that
committee. The City will now be represented by Councilmemners
Mel Hughes and Jackie Bacharach. Following the meeting, the City
Manager stated that he would make a verbal report to all
councilmembers, and follow that up with a written report:
REQUEST FOR LITIGATION SESSION
The City Manager requested a closed session to discuss the
Flying Triangle litigation.
CELEBRATION OF SOUTHERN CALIFORNIA EDISON'S 100TH -BIRTHDAY
The City Manager reported that Mr. Robert Brown, Southern
California Edison Company, had requested time to make a presentation
to the City Council commemorating the 100th Birthday Celebration
of Edison. Due to an unforeseeable problem, Mr. Brown was unable
to attend tonight's meeting, and the City Manager requested that
this item be held over to the next regular meeting of the City
Council. The Mayor so ordered.
CHAMBER OF COMMERCE & ROTARY OUTSTANDING TEACHERS LUNCHEON
Mayor Pernell reported that he attended a luncheon presented
by the Chamber of Commerce & Rotary, on November 6, 1986, honoring
the outstanding teachers of the area. The function was well
attended, and the Mayor highly endorsed this program.
APPROPRIATION OF ADDITIONAL FUNDS FOR -LASERJET -PRINTER `713
The City Manager reported that the City Council approved .
funds for the purchase of a new printer for the City's electronic
data processing equipment. : The purpose of the budgetary
appropriation was made to provide for the purchasing of a
State -of -the -Art printing system. Larry Courtright, Norma Young
and Ginger Blake had reviewed the capabilities of several printers
currently on the market. The printer that is recommended for
purchase is the Hewlett-Packard LaserJet System. The total cost
of the Hewlett-Packard System is $2,976.68. This amount exceeds
the amount budgeted ($2,500) by $476.68.
It was moved by Councilwoman Murdock, seconded by Councilwoman
Swanson, an unanimously approved, that an additional $476.68 be
appropriated for the purchase of the Hewlett-Packard LaserJet
System.
REQUEST FOR STAFF REPORT 726
Councilman Heinsheimer requested that staff prepare a report
in the next few weeks, reviewing the past five year decisions
of the Planning Commission, and reporting how many cases have
come before the Council, how many cases the Council has taken
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November 10, 1986
377
jurisdiction on, and how they were disposed of. If this report'
indicates that a new pattern is developing, perhaps the Council
should have naother joint meeting with the Planning Commission
to discuss this situation. The .Mayor so ordered.
STUDENT AND THE LAW PROGRAM 749
. The City Manager reported that the four cities on the peninsula
agreed to participate in a Student and the Law Program for Rancho
Del Mar High School Recently, Captain Omohundro contacted the
City regarding a slight problem that has surfaced regarding Palos
Verdes Estates participation in the program. Palos Verdes Estates
is not a contractor of the Los Angeles County Sheriff's Department
for law enforcement services; the process for reimbursing. the
Sheriff for the cost of the program is quite cumbersome. Captain
Omohundro asked whether the City of Rolling Hills* would," be
interested in entering into a simple letter agreement with the
City of Palos Verdes Estates, so as to provide a reimbursement
mechanism for the program.
It was moved by Councilwoman Swanson, and seconded by
(D Councilman Heinsheimer, that the City Manager be directed to draft
Lo a letter of agreement between the City of Rolling Hills and the
0) City of Palos Verdes Estates, to provide a reimbursement mechanism
LL for the Student and the Law Program. The motion was unanimously
co carried.
< RECES TO LITIGATION SESSION
Mayor Pernell recessed the meeting to a closed session at
8:35 p.m.
METING RECONVENED
The meeting was reconvened at and Mayor Pernell reported
that matters pertainoing to pending litigation and personnel matters
were discussed in the closed session.
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MEETING ADJOURNED
The meeting was adjourned at P. m. to Monday, November
24, 1986, at 7:30 p.m.
APPROVED:
W' •'
1.1
City
Clerk