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.
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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.
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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.
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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.
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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.
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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.
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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 /)