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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.
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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
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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
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City Clerk