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1/26/1987 39� MINUTE`S� OF A � REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS January 26, 1987 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, January 26 , 1987. ROLL CALL PRESENT: Councilmembers Leeuwenburgh, Murdock, Swanson Mayor Perneil . ABSENT: Councilman Heinsheimer ALSO PRESENT: Terrence L. Belanger City Manager . Michael Jenkins - . City Attorney . L. D. Courtright City Treasurer � June Cunningham Deputy City Clerk Capt. E. Omohundro Sheriff ' s Lomita Station � Robert Brown Southern Calif. Edison � Clinton Hubbard Attorney � Douglas McHattie South Bay Engineering m Roy Campbell Contractor Q Ron Davis Architect Ann Johnson Los Angeles Times Anne La Jeunesse Peninsula News Mrs . C. Caldwell Residents Chester Jenkins . Mr. and Mrs . P. Mitchell Mrs. S. Ormsby Bruce Raine Ms. Becky Raine Mrs. J. Saffo Dr. R. Tyndall CONSENT CALENDAR Councilwoman Swanson asked that Item 2 a. , Approval of Minutes, be removed from the Consent Calendar for discussion by the Council. Mayor Pernell so ordered. Items 2 b. and 2 c. of the Consent Calendar were approved on a motion made by Councilwoman Leeuwenburgh, seconded by Councilwoman Swanson and carried unanimously. APPROVAL OF MINUTES Councilwoman Swanson asked that the minutes of January 12, 1987 be corrected on page 5 by deleting "as voting delegate for the City of Rolling Hills" from the final paragraph under SCAG GENERAL ASSEMBLY. . Councilwoman Leeuwenburgh asked that the minutes of January 12, 1987 be amended on page 1 by including a statement in the final paragraph of PRESENTATION; NEIGHBORHOOD WATGH PROGRAM, that Mrs. Kay Finer thanked the Rolling Hills Women' s Club for their participation and support of the Neighborhood Watch Program. The minutes dated December 8 and December 22, 1986 were approved and accepted as presented and the minutes of the meeting on January 12, 1987 were approved and accepted as amended. PAYMENT OF BILLS Demands No. 1852 through 1877, and Demand No. 1879 in the amount of $16,815. 94 were approved for payment from the General Fund and Demand No. 1878 in the amount of $4 ,510. 00 was approved for payment from the Municipal Self Insurance Fund. 39� January 26, 1987 RESOLUTION N0. 558 • Resolution No. 558 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA REQUESTING THE BOARD � OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN N0. 1692 IN THE CITY OF ROLLING HILLS FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF was adopted and reading in full was waived. SCHEDULED PRESENTATION BY MAYOR MEL HUGHES, R.P.V. . The City Manager reported that Mayor Mel Hughes of Rancho Palos Verdes asked that his proposed presentation to the Council on the Portuguese Bend Landslide Stabilization Project be deferred to another date. The Rancho Palos Verdes City Council is meeting in special session with the new owners of Marineland to discuss the future of that facility. Mayor Pernell asked that Mayor Hughes ' s presentation to the Rolling Hills Council be re-scheduled to the next Council meeting on February 9, 1987. PUBLIC HEARING, ZONING CASE N0. 336, CALDWELL 675 Mayor Pernell opened a public hearing on a request by Mr. and Mrs. Craig Caldwell, 1 Georgeff Road, for a Variance and Conditional Use Permit for construction of a detached building intended to be used as a stable and racquetball court on Lot 57-A-1-MS. In a staff report to the City Council the City Manager advised the Council that staff recommended denial of Zoning Case No. 336, and the Planning Commission approved the requests at a regular meeting on December 16 , 1986 after making a trip to the site. The approval was reported to the City Council on January � 12, 1987. The Council voted to take jurisdiction of the matter, and a public hearing on the matter was scheduled. The plot plan was displayed, and the Manager said the application proposes to mix uses in a single structure on the property by incorporating the conditional use of a detached recreational facility with a two story barn. The Planning Commission approved a Variance of height limitation, as well as the Conditional Use Permit for a racquet ball court and fitness room. Mayor Pernell said the matter would be heard on the record, and he explained that no new evidence or testimony may be introduced, arguments in favor of or in opposition of the request, based on the record before the Council will be heard, and no new findings will be be allowed. The Mayor invited comment on the matter. Mr. Douglas McHattie, South Bay Engineering, said he wished to reiterate that the structure was designed to maintain the rural character of the community while providing for the wislies of the owner of the property. Mr. McHattie said the proposed structure would contain a four stall barn with hayloft, and a racquet ball court. He said the Planning Commissioners considered it a good use of the site, and members of the Commission called the proposal "creative" , and a clever incorporation of different uses into one good looking structure. Mr. Clinton Hubbard advised the Council that he is an attorney representing Mr. Caldwell, who is out of the country. Mr. Hubbard said the architect is also present to answer any questions. Mr. Hubbard said the Caldwell property is nearly five acres in size, and the applicant considers the request reasonable. He said there was some concern about noise, which has been resolved, and the Planning Commission visited the site and determined that the proposed uses would be compatible. Mr. Hubbard said he understands that the alternative to the proposed structure would be two separate structures; a barn and a detached recreational building containing an exercise room and racquetball court. Mr. Hubbard explained that Mr. Caldwell attempted to limit the number of structures on the property by combining the uses into a single structure designed to conform with the rural atmosphere of the community. -2- 399 January 26, 1987 Mayor Pernell explained that the Planning Commission is an advisory body that serves at :the . pleasure of the Council, and the City Council takes jurisd�iction in matters where it is considered appropriate. The Mayor invited comment from members of the Council. Councilwoman Murdock said the intent of a Variance is to prevent discrimination by granting similar rights to all owners of property in the same vicinity and zone, and not to grant � a special privilege. She said denial of the application would not deny the applicants of a property right, since there are no similar uses in the same vicinity or zone. Councilwoman Murdock said that in reviewing the application she was unable to find any exceptional or unusual circumstances or conditions applicable to the Caldwell property that don't apply to other properties in the same vicinity and zone, since two story barns are permitted . by the Zoning Ordinance, but the second story is specifically designated to be used exclusively and only; for the storage of tack, feed and stable equipment. Councilwoman Murdock said she does not consider the two story structure as submitted compatibe with the intent of the Zoning Ordinance, since there is no provision � in the Code for any other use than that specified, and she said she would have difficulty in voting to approve it. Councilwoman � Leeuwenburgh said she agrees with Councilwoman Murdock' s statements , � and would find it difficult to vote to approve the mixed uses. � Mr. McHattie said it is the intent of the applicant to use the m second story as permitted by the Zoning Ordinance. Mayor Pernell a said the Zoning Ordinance is specific in defining the use of the second story in a barn; the application is not for a barn, but for a two story structure with mixed uses. Councilwoman Swanson said she agrees with the comments made by other members of the Council. Mr. McHattie said he had discussed with the Planning Commission the fact that a two story barn and a detached recreational building are permitted uses under the Zoning Ordinance if a Conditional Use Permit is obtained for the recreational facility. He said he was encouraged to pursue the single structure with a Variance and Conditional Use Permit by the favorable opinion expressed by the majority of inembers of the Planning Commission regarding the innovative combination of uses in one structure. Mr. McHattie said it is his opinion that the owner of the property would be amenable to amending the application by applying for a Conditional Use Permit for a recreational building to be used for a racquet ball court and fitness room, and eliminating the need for a Variance by building a two story barn in conformance with the Zoning Ordinance. Mr. McHattie asked whether Mr. Caldwell would have to observe a waiting period before another application could be considered. In response to the Mayor' s request for advice, the City Attorney explained that the request has not been denied; therefore, there is no required waiting period for re-submittal. Mr. Jenkins said Mr. McHattie has suggested that the application could be amended and resubmitted in consideration of expressed reluctance by the City Council .to ratify the Planning Commission' s approval. With regard to additional costs, the City Manager explained that the fee paid for combined Variance and Conditional Use Permit applications is sufficient to cover additional costs of another hearing before the Planning Commission. Mr. Hubbard advised that Council that on behalf of Mr. Caldwell he wished to request permission to submit an amended application for a Conditional Use Permit for construction of a detached recreation building on Lot 57A-1-MS located at 1 Georgeff Road. He said it is his understanding that there will also be a submittal for a two story barn which will be designed to comply with the requirements of the Zoning Ordinance. Councilwoman moved that the amended application, when submitted, be _ remanded .to� the Planning Commission. The motion was seconded by Councilwoman Murdock and carried by the following roll call vote: -3- � 400 January 26, 1987 AYES: Councilmembers Leeuwenburgh, Murdock, Swanson Mayor Pernell NOES: None ABSENT: Councilman Heinsheimer OPEN AGENDA Mayor Pernell announced the Open Agenda portion of the �meeting and invited comment from persons present on any item not included on the agenda. There was none, and the meeting continued. BIRTHDAY CELEBRATION, 30TH ANNIVERSARY OF CITY' s INCORPORATION Mayor Pernell reported that the City of Rolling Hills was incorporated on January 25, 1957 , and in observance of the City' s 30th Birthday celebration he invited everyone present to have refreshments. Mrs. Joan Saffo, who has lived in Rolling Hills for 35 years, was asked to cut a cake decorated with the Rolling Hills logo. Mayor Pernell thanked the residents who attended the meeting and anniversary observance. OLD BUSINESS STATUS OF FLYING TRIANGLE The City Manager said that at the last meeting of the City Council he was authorized to contact one of the residents in the Flying Triangle whose home has been demolished and inform him that debris on the property which resulted from the demolition would have to be removed within a specific time period. Mr. Belanger said a certified letter was sent to the property owner. , Further, the Manager reported that in the meantime the members of the jury in the litigation have visited the entire Flying Triangle area, and the owner of the subject property has advised the City Manager that he is making arrangements for compliance before February 9, 1987, the date specified. The Manager said that if the work has not been completed by that date the City can order the abatement to proceed at the expense of the property owner. Mr. Belanger said there are other properties in the Flying Triangle that have been abated as required, but structure foundations have not been removed. The Manager said a plan for removal of the foundations will be submitted to the Council at a future City Council meeting. Mayor Pernell ordered the matter held on the agenda for an additional report from the City Manager at the Council meeting on February 9. SURVEY IN FLYING TRIANGLE 960 The Manager said the City has received a request for re-survey of the Flying Triangle by the County' s surveying team. After discussing the request with an expert in the Flying Triangle � litigation, it is staff ' s recommeridation that the City Council consider appropriating an amount not to exceed $3,000 to have the survey re-shot, with the balance to be paid by the insurance company. Mr. Belanger explained that the cost quoted represents approximately 50� of the total cost. In response to questions by Councilwoman Murdock, he said the area was surveyed in August and November 1986, and the request has been made in order to provide a comparative analysis of movement in the area. Councilwoman Swanson moved that the Manager' s recommendation be accepted and that the City Council approve an allocation of funds not to exceed $3,000 to pay 50� of the cost of surveying the Flying Triangle area. The motion was seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Murdock, Swanson �ayor Pernell NOES: None ABSENT: Councilman Heinsheimer -4- January 26, 1987 ��1 Councilwoman Swanson was excused from the-meetiflg- at- 8 :-25=p:�. STATUS OF SANITARY SEWER FEASIBILI;TY.;,STUDY Councilwoman Leeuwenburgh, Chairman of the Sanitary Sewer Feasibility Study Committee, reported that members of the Committee have received copies of proposals submitted. Chairman Leeuwenburgh said the Committee has been expanded to include Peggy Minor, the Manager of the Rolling Hills Community Association, and she has been authorized by the President of the Board of Directors of the Association to participate. She said Nick Hornberger will be the Community Association' s representative on the Committee: The Chairman said the proposals are to be evaluated and evaluation sheets returned to the City by noon Friday, January 30, 1987, and staff will prepare a report for consideration by the Committee at a meeting during the week of February 2. MATTERS FROM MEMBERS OF THE COUNCIL ROLLING HILLS ESTATES COMMUNITY CENTER � Mayor Pernell said members of the City Council have been � invited to attend the grand opening of the Rolling Hills Estates � Community Center located at Peninsula Center in Peacock Alley �- at 1:00 p.m. Friday, February 6, 1987 . m Q SCAG GENERAL ASSEMBLY The Manager reported that the SCAG General Assembly meeting will be held on Thursday, January 29, 1987 . Mr. Belanger said the City' s voting delegates are Mayor Pernell, who has indicated that he will be unable to attend, and Councilman Heinsheimer, . who is ill, and he recommended that the Council act to appoint a voting delegate to act on behalf of the City. The Manager said a reservation has been made for Councilwoman Swanson, who plans to attend the General Assembly. Councilwoman Leeuwenburgh moved that Councilwoman Swanson be appointed voting delegate to act on behalf of the City of Rolling Hills at the General Assembly on January 29 , 1987. The motion was seconded by Councilwoman Murdock and carried unanimously. PERSONAL APPEARANCE, DR. R. TYNDALL, 65 EASTFIELD DR�VE 1045 Dr. Randolph Tyndall, 65 Eastfield Drive, advised the 'Council that he is having a problem with workers in the communi.ty who are trespassing on his property, stripping his fruit trees and stealing oranges and avocadoes from his property. He said the acts have been witnessed and the owner of the companies employing the workers have been contacted, but have not returned his telephone calls. Further, Dr. Tyndall said trash is disposed of on properties in � the area where the workers are employed, and complaints by owners of the properties have received no response from the employers or the Sheriff, and he requested that the City become . involved in pursuing the complaints. Mayor Pernell explained that workers who enter the community do so on permits issued by the Rolling Hills Community Association and he advised Dr. Tyndall of the meeting time of the Board of Directors. ADJOURNMENT The meeting was adjourned at 8 :45 p.m. to the next regular meeting on Monday, February 9, 1987 at 7 : 0 p.m. � � -..- City Cle APPROVED: Mayor . -5- - �