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.
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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.
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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:
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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
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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 .
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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. �
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City Cle
APPROVED:
Mayor
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