Loading...
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. �1 [1 LL 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 6 374 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 3 [1 November 10, 19-86 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. 4 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 5 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. I - 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