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8/10/1987MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS August 10, 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: Councilmembers Heinsheimer, Leeuwenburgh, Murdock, Pernell, Mayor Swanson ABSENT: None ALSO PRESENT: Michael Jenkins City Attorney L. D. Courtright City Treasurer June Cunningham Deputy City Clerk Kathy Uros Secretary Capt. D. Gillard Sheriff's Department 0 Michael Smith So. California Edison Ann Johnson Los Angeles Times L T. Boyd Resident W. Cross Dr. J. Greenhut m C. Inducil Q V. Martinov Dr. M. Minkes Mrs. B. Raine CONSENT CALENDAR Items on the Consent Calendar were approved on a motion made by Councilman Heinsheimer, seconded by Councilman Pernell and carried unanimously. APPROVAL OF MINUTES The minutes of a meeting on,July 27, 1987 were approved and accepted as written. PAYMENT OF BILLS Demands No. 2243 through 2267; 2269 through 2272; 2274 and 2275 in the amount of $23,441.58' were approved for payment from the General Fund. Demands No. 2268 and 2273 in the amount of $1,893.93 were approved for payment from the Municipal Self Insurance Fund. STATUS OF THE FLYING TRIANGLE Mayor Swanson noted that the City Manager is not present at the meeting, and she reported that it is her understanding that the legislature is in recess and the City Manager has been advised that all matters pertaining to HR6 have been suspended until the legislature reconvenes. Mayor Swanson ordered the item held on the agenda. REQUEST FOR NAME FOR NEW STREET, TRACT 30340 Dr. Jerry Greenhut advised the Council that he has completed subdivision of his property and he wishes to name the private access road which will serve the three newly created lots for identification purposes. Dr. Greenhut said he wishes to name the private street John Erik Lane in memory of his late son. Mayor Swanson said that roadways in the community have traditionally been named to convey the rural theme of the area, and trails have been named after people. The Mayor said the Council should avoid establishing a precedent which could cause future problems. Dr. Greenhut said there are streets in the community which have been named after persons, including Johns Canyon Road, Storm Hill Lane and Georgeff Road. 5 IN August 10, 1987 In discussing the request the Council determined that Dr. Greenhut had been provided with a list of possible names for consideration. Dr. Greenhut said the roadway is 30' wide with a 50' turnaround, but will serve only the three property owners who purchase the lots, and will be maintained by those owners; he said it will have an electronically controlled gate system and will not be a community road maintained by the Community Association. Mayor Swanson ordered the matter held, and said it would be placed on the agenda when a staff recommendation has been prepared. The Mayor directed that the request be discussed with the Community Association to determine whether there is a possibility that the driveway may become part of the Association's roadway system. PLANNING COMMISSION ACTION JULY 21, 1987 - ZONING CASE NO. 330 The Findings and Report for Zoning Case No. 330, a request by Mr. and Mrs. Norman La Caze for construction of a tennis court on Lot 90-RH, located at 24 Portuguese Bend Road, was presented to the City Council. At a regular meeting on July 21, 1987 the Planning Commission approved a request by the applicant for a Conditional Use Permit for construction of a tennis court, and a Variance of sideyard setback requirements for an encroachment of 25 feet into the required sideyard setback. In discussing the matter Councilman Pernell and Councilwoman Murdock expressed concerns about ratifying the Planning Commission's approval of the first request for a tennis court processed under the new ordinance regulating construction of tennis courts. Councilman Heinsheimer said the intent of the new ordinance is to eliminate such review, since it is the Planning Commission's responsibility to approve only those courts which comply with the requirements for tennis courts. Mayor Swanson said that if the City Council votes to take jurisdiction of Zoning Case No. 333, the matter could be heard and disposed of in one meeting. Councilman Pernell moved that the City Council take jurisdiction of Zoning Case No. 330, and that a public hearing in the matter be set for the next regular meeting on August 24, 1987. The motion was seconded by Councilwoman Murdock and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Murdock, Pernell Mayor Swanson ° NOES: Councilman Heinsheimer ABSENT: None Mayor Swanson said the public hearing will be held on Monday, August 24, 1987 and she asked that the hearing be noticed as required by law. PUBLIC HEARING, ZONING CASE NO. 327, CAESAR, TENNIS.COURT Mayor Swanson opened a public hearing to consider a request by Dr. Hugo Caesar for a Conditional Use Permit for construction of a tennis court on Lot 89B-RH, located at 2 Pheasant Lane. In a staff report the. City Manager advised that Dr. Caesar's request was approved by the Planning Commission on June 17, 1986 and the matter was set for a public hearing before the City Council on August 25, 1986. On July 28, 1986 the City Council adopted a moratorium on construction of tennis courts, and the approval of Zoning Case No. 327 was held in abeyance. The Manager reported further that staff has determined that the tennis court plan does not comply with the provisions of Ordinance No. 215. A plan was displayed, showing the proposed southerly retaining wall eight feet in height. Ordinance No. 215 limits wall height to four feet maximum. -2- August 10, 1987 Mayor Swanson invited comment from persons present. No one addressed the matter, and it was determined that neither the applicant nor his representative were present at the hearing. Councilman Heinsheimer moved that the City Council deny the request for a Conditional Use Permit for construction of a tennis court on Lot 89B-RH, since the plan submitted to the City does not comply with the requirements set forth in Ordinance No. 215. The motion was seconded by Councilman Pernell. Mayor Swanson so ordered. PUBLIC HEARING, PROPOSED ORDINANCE RE: ACCEPTANCE OF APPLICATIONS Mayor Swanson opened a public hearing to consider a proposed ordinance entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS REGULATING ACCEPTANCE OF APPLICATIONS FOR PERMITS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. Copies of the ordinance were distributed to members of the Council and persons present at the hearing. Councilman Pernell asked whether there was a provision for refund of fees paid if, in processing the application it is discovered or determined that there is a violation as described in the ordinance. Mr. Jenkins said there should be a provision in the ordinance for refund of the portion of the fee which has not been expended when the determination is made that a violation exists on the property. Councilwoman Murdock asked about a theoretical case where a barn or other structure might have been constructed without a permit; she asked whether the property owner would be required to remove such illegal structures. Mr. Jenkins said there is a provision for approval of structures "as built", if it can be determined that the structure was built without a permit, but otherwise conforms to requirements of the Municipal Code. Councilman Heinsheimer said that as presented the proposed ordinance puts the burden of determining whether a violation exists on the City, and he suggested that there be a requirement that an applicant for a permit certify that the property is free from violations, with the provision that the statement be verified by inspection by staff or a member of the Planning Commission. The City Attorney said the intent of the proposed ordinance is to assist the City with code enforcement. Councilman Pernell noted that there are many cases of non-compliance with the Municipal Code throughout the community, and he asked whether there would be an attempt to bring property into compliance if a resident decides' not to proceed with an application after determination that a violation exists. The City Attorney said the City should consistently enforce the Municipal Code, unless there is agreement that it should not be enforced. Mr. Jenkins said selective enforcement should be avoided. Mayor Swanson opened the discussion to comments from the floor. Tom Boyd, a resident of 7 Middleridge Lane South, said that he agrees with the intent of the proposed ordinance, but enforcement will be sensitive, since many residents have inherited non -conforming situations when they purchased their property. -3- The City Attorney explained that the intent of the ordinance 00 is to require that. no applications shall be accepted or processed if the City finds and determines that the property or any building LO or structure on the property is not in compliance with the provisions, requirements or standards which were applicable when Co the building or structure was constructed, and with the conditions of approval of any permit or approval granted to the property. Q Mr. Jenkins said legal non -conforming uses can continue, and are exempt from the requirements of the proposed ordinance. Further, there is a provision in the ordinance for discretionary approval, provided that the property, building or structure is in compliance with the requirements which were applicable when the building or structure was constructed. Councilman Pernell asked whether there was a provision for refund of fees paid if, in processing the application it is discovered or determined that there is a violation as described in the ordinance. Mr. Jenkins said there should be a provision in the ordinance for refund of the portion of the fee which has not been expended when the determination is made that a violation exists on the property. Councilwoman Murdock asked about a theoretical case where a barn or other structure might have been constructed without a permit; she asked whether the property owner would be required to remove such illegal structures. Mr. Jenkins said there is a provision for approval of structures "as built", if it can be determined that the structure was built without a permit, but otherwise conforms to requirements of the Municipal Code. Councilman Heinsheimer said that as presented the proposed ordinance puts the burden of determining whether a violation exists on the City, and he suggested that there be a requirement that an applicant for a permit certify that the property is free from violations, with the provision that the statement be verified by inspection by staff or a member of the Planning Commission. The City Attorney said the intent of the proposed ordinance is to assist the City with code enforcement. Councilman Pernell noted that there are many cases of non-compliance with the Municipal Code throughout the community, and he asked whether there would be an attempt to bring property into compliance if a resident decides' not to proceed with an application after determination that a violation exists. The City Attorney said the City should consistently enforce the Municipal Code, unless there is agreement that it should not be enforced. Mr. Jenkins said selective enforcement should be avoided. Mayor Swanson opened the discussion to comments from the floor. Tom Boyd, a resident of 7 Middleridge Lane South, said that he agrees with the intent of the proposed ordinance, but enforcement will be sensitive, since many residents have inherited non -conforming situations when they purchased their property. -3- L A ,ju,i. 10, 1987 Mr. Boyd said there are three or four small structures on his property which were there when he purchased it 20 years ago, and he suggested that the Council consider "grandfathering" such construction. He said it is his opinion that the process being considered could encourage bootlegging improvements. Mrs. Betsy Raine, 71 Caballeros Road, asked whether easement violations would be included in the process. The City Attorney said the proposed ordinance will address violations against the Municipal Code only, not easements, which are under the jurisdiction of the Community Association. Councilman Heinsheimer asked whether there would be a procedure by which flagrant violations could be eliminated and minor violations could be resolved by discretionary action. The City Attorney said the ordinance is written to provide the process by which violations can be made legal, and demolition would only be necessary if the property owner had exhausted all means by which the situation could be corrected by obtaining the necessary permits. Councilman Pernell said a relationship should be established between a minor permit and a major violation. He said a large expenditure to correct a violation should not be required in order to obtain a permit for a minor improvement. Dr. Mark Minkes, 44 Chuckwagon Road, said he was present at the public hearings conducted by the Planning Commission on the proposed ordinance. Dr. Minkes said residents at the hearings he attended were not in favor of the ordinance, and the Planning Commission did not recommend adoption. The Clerk reviewed the minutes of a public hearing before the Planning Commission on May 19, 1987 and advised the Council that the Commission held public hearings on four proposed ordinances. By unanimous vote of its members, the Planning Commission recommended that the proposed ordinance regulating acceptance of applications for permits and the proposed ordinance reorganizing the Zoning Ordinance be forwarded to the City Council with a recommendation that the Council hold additional public hearings. A proposed ordinance establishing building inspection requirements and a proposed ordinance establishing a site review process were held on the agenda for additional work, and the public hearings. on the two ordinances were continued. Councilman Heinsheimer suggested that the public hearing now being held by the Council be continued, and that copies of the minutes of the meetings of. the Planning Commission at which the ordinances were considered be sent to members of the City Council and to all residents present at the public hearing before the Council. Victor Martinov, 33 Chuckwagon Road, said he is opposed to the proposed ordinance as it is written, stating that the term "not in compliance" need clarification with regard to the extent of non-compliance, and who makes the determination. Mr. Martinov said broad and arbitrary powers lead to potential problems, and because of the nature of -the community there may be more violations than in other cities, many of which were inherited. Imposing a requirement for elimination of a violation could discourage needed or desired improvement, he said. Mr. Martinov said the ordinance as written would infringe on property rights. Councilman Pernell said the City has an established permit procedure, and if it is not enforced the procedure becomes a farce. Mr. Martinov suggested that the City consider workshops for the purpose of reviewing the Zoning Ordinance. Mayor Swanson said participation by residents would be welcome, and she suggested that an ad hoc committee be formed to work with staff on the subject. Councilman Pernell said the purpose of public hearings is to receive input from residents, and formation of an ad hoc committee at this time would be premature. Mrs. Raine suggested that the proposed ordinances could be made the topic of neighborhood meetings. Councilman Heinsheimer said that in addition to public hearings, the matter can be discussed by all other groups in the City, so creation of a new structure is not necessary. -4- August 10, 1987 Councilwoman Leeuwenburgh asked the City Attorney whether the City would incur any liability if something which is "grandfathered" is not in compliance with the code. The City Attorney explained that illegal conditions should not be grandfathered, and if it was the Council's decision that an illegal condition could remain, amnesty could be granted. He explained that generally grandfathering is applied when standards are changed, and structures which were constructed under prior requirements are permitted to remain, although no longer in compliance with new or existing requirements. Councilwoman Leeuwenburgh said that there have been instances when field inspections revealed that the construction was not done as shown on the approved plan, and she asked what could be done about a violation of that type. The City Attorney said the proposed ordinance was developed to address the concerns of the City Council which had been expressed to him, and he attempted to develop a viable ordinance, considering the size of the City's budget and staff, since Rolling Hills does not have any code enforcement personnel. Mr. Jenkins said violations are usually reported to the City by neighbors. 00 Councilman Pernell moved that the public hearing be continued t'i to the next meeting. Councilwoman Murdock seconded the motion, LD which passed unanimously. Mayor Swanson ordered the proposed 7 ordinance held on the agenda for continuation of the public hearing Co at the next meeting. Q PUBLIC HEARING, ORDINANCE REORGANIZING THE ZONING ORDINANCE Mayor Swanson opened a public hearing on a proposed ordinance entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING AND REORGANIZING THE ZONING ORDINANCE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. Councilman Pernell moved that the public hearing be continued to the next regular meeting on August 24, 1987. The motion was seconded by Councilwoman Leeuwenburgh and carried unanimously. The public hearing was continued and the proposed ordinance was held for discussion at the next regular meeting of the City Council. Councilman Pernell suggested that residents be advised in the Newsletter that the hearing on the two proposed ordinances has been continued, and that input by residents is encouraged. OPEN AGENDA Mayor Swanson announced discussion of items not on the be limited to five minutes. Victor Martinov that the meeting is open for agenda, and asked that presentations Mr. Martinov asked what process the City has at present for enforcement of ordinances. The City Attorney said the City uses criminal enforcement and nuisance abatement procedures. Michael Smith, Area Manaqer, Southern California Edison Co. Mayor Swanson introduced Michael Smith, newly appointed Area Manager for the Palos Verdes Peninsula for Southern California Edison Company. Mr. Smith said the monthly newsletter to the Council will continue. Mayor Swanson said Rolling Hills has in the past experienced difficulties with service in the winter months, and Mr. Smith said he will work with the City on those problems. Presentation of Plaque for Under -Sheriff Ted von Minden Mayor Swanson said the City Council has had a plaque prepared for presentation to Under Sheriff Ted von Minden, who recently retired from the Los Angeles County Sheriff's Department. Captain Gillard thanked the Mayor and City Council and said he would deliver the plaque. COUNCILMAN HEINSHEIMER WAS EXCUSED FROM THE MEETING AT 9:10 p.m. -5- 10 August 10, 1987 MATTERS FROM MEMBERS OF THE CITY COUNCIL Meeting With School District Officials Mayor Swanson reported that she and Councilwoman Murdock met recently with School Board members Bagdasar and Dowdell to discuss the status of use of La Cresta School. A request for extension of the Conditional Use Permit for continued use of the La Cresta site for Rancho Del Mar Continuation School will be presented to the City Council prior to the next Council meeting. Maintenance of the shrubbery on the grounds and the need for a watering schedule were discussed and the Council members were assured that the matters will receive prompt attention and there will be compliance with the conditions of approval when the application for extension is made. Disposition of the property was also discussed. Mayor Swanson reported that the School District is interested in relocating the Administration and Maintenance facilities in the future, and if they do so, they would be interested in developing the property. The Mayor said the discussions were preliminary in nature, and it was noted that the area occupied by the School District is zoned RAS -2. The School District has indicated an interest in selling the property at some future date. The Mayor said the meeting was cordial and productive, and plans were made to meet again. She said she will continue to report to the Council on the meetings. Meeting of the Finance Committee Mayor Swanson reported that the Finance Committee met with the City Manager and the City Treasurer in preparation for the audit. A series of "housekeeping" recommendations were made by the City Treasurer and a request for a Resolution amending the Budget will be placed on the agenda of the next meeting of the City Council so the Financial Statement can be approved. The Mayor said the Finance Committee will meet quarterly to review the budget. CLOSED SESSION Mayor Swanson recessed the meeting to a closed session at 9:10 P.M. MEETING RECONVENED The meeting was reconvened at that matters of potential litigation session. ADJOURNMENT The meeting was adjourned at meeting on Monday, August 24, 1987 APPROVED: Mayor 9:35 p.m. The Mayor reported were discussed in the closed 9:35 p.m. to the at 7:30 p.m. v City next regular Clerk /)