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7/27/1987L 00 LO 7 m Q 1 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS July 27, 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 Swanson at 7:30 p.m. Monday, July 27,.1987. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: CONSENT CALENDAR Councilmembers Heinsheimer, Leeuwenburgh,.Pernell Mayor Swanson Councilwoman Murdock (excused) Terrence L. Belanger June Cunningham L. D. Courtright Ann Johnson Anne La Jeunesse Caesar Inducil Victor Martinov Dr. Mark Minkes Martin Rosenzswieg City Manager Deputy City Clerk City Treasurer Los Angeles Times Peninsula News Residents Mayor Swanson asked that the minutes of the meeting on July 13, 1987 be pulled from the Consent Calendar for discussion. Councilman Pernell moved that the remaining items on the Consent Calendar be approved. The motion was seconded by Councilwoman Leeuwenburgh and carried unanimously. APPROVAL OF MINUTES Mayor Swanson asked that the minutes of the meeting -on July 13 be changed on page 4 as follows: REQUEST BY BFI FOR RATE INCREASE, final paragraph, delete "to the sub -committee"; OPEN AGENDA, delete reference to R.H.C.A. Board of Directors, since Tom Boyd appeared at the meeting as a private citizen. Add to second paragraph: "Mr. Boyd said he supports the action by the City Council" regarding the proposed benefit assessment requested by the Consolidated Fire District of Los Angeles County. The minutes were approved and accepted as amended. FINANCIAL STATEMENT The Financial Statement dated June 30, 1987 was approved and accepted as presented. PAYMENT OF BILLS Demands No. 2198 through 2231, 2233 through 2236 and 2238 through 2242 in the amount of $24,651.30 were approved for payment from the General Fund and Demands No. 2232 and 2237 in the amount of $4,966.93 were approved for payment from the Municipal Self it Insurance Fund. STATUS OF FLYING TRIANGLE The City Manager reported that activities on HR -6 have been suspended temporarily in Washington, and he will report further on the matter when the House and Senate resume activities after the summer recess. July 27, 1987 PUBLIC HEARING (continued) Zoning Case No. 327, Dr. Hugo Caesar, C.U.P. for Tennis Court In a staff report to the Council the City Manager explained that an application for a conditional use permit for construction of a tennis court on Lot 89B-RH submitted by Dr. Hugo Caesar, 2 Pheasant Lane, was approved by the Planning Commission on June 17, 1986. The.approval was reviewed by the City Council on July 14, 1986, and a public hearing before the Council was set for August 25, 1986. Subsequently, an ordinance which enacted a moratorium on the construction of tennis courts in Rolling Hills was adopted, and the public hearing to consider the approval of a tennis court in Zoning Case No. 327 was continued for the term of the moratorium, which expired on July 23, 1987. The City Manager said the Caesar court was approved under the old rules for tennis courts. He recommended that the Council open the public hearing, and after receiving public comment, continue the matter to August 10 to provide an opportunity for Council members to make a field trip to the site. In discussing the staff recommendation, Councilman Heinsheimer said that if the proposed court complies with the conditions set forth in the new ordinance the need for a field trip has been eliminated. The City Manager suggested that the matter be continued so an evaluation can be prepared regarding conformance of the plan with the newly adopted ordinance. Councilman Pernell asked that staff evaluate the application for conformance with current requirements, and point out any discrepancies between the application as approved and the new ordinance, advising the applicant if there are items of non-compliance. Councilman Heinsheimer said that since the City Council's review is based on a decision made by the Planning Commission, Zoning Case No. 327 should be reviewed by the Planning Commission for compliance, inasmuch as the decision to approve the application for a conditional use permit was made on_ the basis of less stringent requirements. Councilman Pernell agreed with the suggestion that the matter be remanded to the Planning Commission. Councilwoman Leeuwenburgh said she would not agree to returning it to the Planning Commission without first consulting with the City Attorney. The Manager said the Planning Commission will meet on August 18. Mayor Swanson said the applicant has been waiting for the moratorium to expire, and sending the matter back to the Planning Commission would result in additional delay. Councilman Pernell moved that Zoning Case No. 327 be remanded to the Planning Commission for review for compliance with the newly established requirements for tennis courts. The motion was seconded by Councilman Heinsheimer and failed to carry by the following roll call vote: AYES: Councilmen Heinsheimer, Pernell NOES: Councilwoman Leeuwenburgh, Mayor Swanson ABSENT: Councilwoman Murdock Mayor Swanson said the public hearing is open, and the Council will receive testimony in the matter. The Manager displayed the plot plan for 2 Pheasant Lar..e, and he said the closest residence to the court in the location proposed would be 120 feet. The Manager said there is a considerable difference in elevation between the two properties. Mr. Belanger explained that the proposed court as shown is close to a trail easement, which is not used. If the court is moved away from the easement grading would be affected, and the retaining walls would have to be changed. The Manager said it is his opinion that the proposed court can be engineered so it will comply with all requirements of Ordinance No. 215, as well as conditions for tennis courts adopted by the Planning Commission in March 1980. -2- July 27, 1987 Councilman Heinsheimer asked whether there was any provision for certification by the applicant that the requirements of the ordinance will be met, in addition to the statement by staff that the court will comply. He suggested that the applicant or his engineer be requested to submit a letter or statement that all requirements will be met. Mr. Belanger said he discussed the matter with the applicant's engineer and was assured that a letter would be provided if requested. The Manager said a staff report will be submitted at the next meeting. Mayor Swanson said she would like to see the property before making a decision. A field trip was scheduled for Wednesday, August 5, 1987 at 7:00 p.m., and the Mayor asked that the property be staked to define the location of the proposed court. The hearing was held open to the next regular Council meeting on August 10. OPEN AGENDA Mayor Swanson announced that the meeting was open to persons 00 present who wished to address the City Council on items which NH are not on the agenda. The Mayor explained that presentations LO would be limited to five minutes, and that no action would be taken on any item at this meeting. CO Dr. Martin Rosenzwieq Q Dr. Martin Rosenzwieg advised the City Council that he and his wife have purchased the residence at 27 Portuguese Bend Road and will be moving into the community shortly. Dr. Rosenzwieg said he was present at the meeting to observe the procedure. On behalf of the City Council. Mayor Swanson welcomed Dr. Rosenzwieg to the meeting and to the community. Dr. Mark Minkes Dr. Mark Minkes, 44 Chuckwagon Road, advised the Council that he owns two adjoining parcels, and is preparing to make some, improvements to his property consisting of guest quarters on the parcel on which his home is constructed, and a stable on the adjacent lot. Dr. Minkes said he wished to address the Council on two matters: the prohibition of a kitchen in the proposed guest house, and the need for a variance for the stable, since there is no residence on the parcel, and a stable is an accessory use. Dr. Minkes said there are ambiguities in the requirements and regulations of the different bodies that review plans, and he asked that the procedure be reviewed. Dr. Minkes said there is currently a riding ring on the property on which he wishes to have the barn built, and he said he considers a stable an appropriate use for the property. Further, Dr. Minkes said he considers the requirement that residents within 1000 feet be notified excessive, and he asked that the requirement be reviewed. Dr. Minkes said he considers some of the requirements of the Zoning Ordinance unreasonable. Victor Martinov Mr. Victor Martinov, 33 Chuckwagon Road, said he agrees with Dr. Minkes' statements about inconsistencies between City and Community Association regulations, and he said the rules should be brought into conformance. In response to Dr. Minkes and Mr. Martinov, Councilman Pernell said a constant effort has been made to retain the rural characteristics of the community through . regulations and restrictions which reinforce the basic intent of the community. Councilman Heinsheimer explained that the Community Association operates under Deed Restrictions and the City has adopted a Zoning Ordinance which complies with state laws and defines local zoning regulations. CRIC P, July 27, 1987 Mayor Swanson advised Dr. Minkes that he can apply for a Variance for construction of a stable on a property on which there is no primary residence. The Mayor said the requirement that all residents within 1000 feet be notified of a public hearing to consider a request for a Variance or Conditional Use Permit will be reviewed with staff, and if deemed appropriate, will be placed on the agenda for further discussion. MATTERS FROM STAFF League of California Cities Executive Committee Meeting The City Manager reminded Council members that the monthly League cf California Cities Executive Committee meeting will be held on August 6, and that Councilman Heinsheimer will speak at the meeting. The Manager said reservations will be made for Council members who plan to attend. CLOSED SESSION Employee Benefits Mayor Swanson adjourned the meeting at 8:40 p.m. to a closed session to discuss employee benefits. The meeting was reconvened at 9:05 p.m. ADJOURNMENT The meeting was adjourned at 9:10 p.m. to the next regular meeting on Monday, August 10, 1987 at 7:30 p.m. APPROVED: Mayor -4- i City Clerk