8/24/1987MINUTES OF A 1 1
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS
August 24; 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, August 24, 1987.
ROLL CALL
PRESENT: Councilmembers Heinsheimer, Leeuwenburgh,
Murdock, Pernell, Mayor Swanson
ABSENT: None
ALSO PRESENT: Terrence L. Belanger City Manager
- L. D. Courtright City Treasurer
June Cunningham Deputy City Clerk
Kevin Peterson General Telephone
Jerry Farris Los Angeles Times
co
Anne La Jeunesse Peninsula News
Douglas McHattie South Bay Engineering
LO J. Farrow Residents
7 N. Hornberger
Dr..R. Klieman
Q Dr. R. Krauthamer
N. La C3ze
V. Martinov
Dr. M. Minkes
Mrs. B. Raine
M. Rosenzwieg
Mrs. M. Schmit
Dr. S. Taus
CONSENT CALENDAR
Items on the Consent Calendar, with the exception of Approval
of Minutes, were approved as presented on a motion made by
Councilman Heinsheimer, seconded by Councilwoman Murdock and
carried unanimously.
APPROVAL OF MINUTES
Mayor Swanson asked that the minutes of a meeting on August
10, 1987 be corrected on page 3, paragraph 1 to show that a motion
made by Councilman Heinsheimer and seconded by Councilman Pernell
was carried unanimously. The minutes were approved and accepted
as corrected.
PAYMENT OF BILLS
Demands No. 2276 through 2291 and 2293 through 2308, in
the amount of $80,874.16 were approved for payment from the General
Fund. Demand No. 2292 was voided.
FINANCIAL STATEMENT
The Financial Statement for July 1987 was approved and
accepted as presented.
RESOLUTION NO. 562
Resolution No. 562 entitled: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROLLING HILLS APPROVING AND ADOPTING THE FINAL
BUDGET RECONCILIATION FOR THE FISCAL YEAR 1986-87 was approved
by unanimous vote of the Council, and reading in full was waived.
FINAL PARCEL MAP NO. 16864, J. Farrow, 12 Blackwater Canvon Rd.
The final' Parcel Map No. 16864, approving creation of an
additional lot at 12 Blackwater Canyon Road by John Farrow was
approved as recommended in a letter dated August 19, 1987 from
the Department of Public Works of Los Angeles County.
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August 24, 1987
STATUS OF FLYING TRIANGLE
The City Manager reported that he has been advised by Dr.
Larry Kelly that the debris will be removed from his property
at 2 Pinto Road by September 1. Mr. Belanger said he visited
the Flying Triangle and determined that the work on the Kelly
property has not been started. The Manager said he will continue
to monitor the site and will report to the Council on the progress
of the abatement of the nuisance.
REQUEST FOR EXTENSION OF C.U.P. FOR RANCHO DEL MAR SCHOOL
The City Manager said Dr. Jack Price, Superintendent of
the Palos Verdes Peninsula Unified School District, has indicated
that it is the intent of the School Board to request that the
Conditional Use Permit for use of the La Cresta School site for
Rancho Del Mar Continuation School be extended for two additional
years. Mr. Belanger said the present permit will expire in
December, 1987, and if it is the Council's wish to consider a
request for an extension, he recommended that the City Attorney
be directed to prepare a renewal agreement incorporating conditions
for consideration by the Council.
Mayor Swanson asked whether the School District had complied
with the conditions of approval of the original application and
approval. Mr. Belanger said the maintenance and watering program
of landscaping which is intended to form a barrier between Crest
Road and the school grounds should be improved; otherwise, there
has been general compliance with conditions of approval.
Councilman Pernell said the original concerns regarding
the use of the school site have been dispelled, and the current
staff at Rancho Del Mar have been easy to work with. He suggested
that as part of their consideration of a request for an extension
of the permit, the Council should consider requesting that the
School Board notify the City Council if any changes in the current
staffing of the school is contemplated. Councilwoman Murdock
said that in meeting with representatives of the School District,
it appears that they are equally satisfied with the current
staffing. Councilman Pernell said there has been speculation
that the property might be offered for sale by the School District,
and it was his opinion that notification of the City of plans
to offer the property for sale should be made a condition of
approval if the Council determines that the Conditional Use Permit
should be extended. Councilwoman Murdock said that there are
other properties owned by the School District which are more
saleable; she agreed that as a condition of extending the
Conditional Use Permit the School District should be requested
to keep the City advised regarding any plans to dispose of the
property.
Councilman Heinsheimer said the original Conditional Use
Permit was approved for a two year period, and he recommended
that since it has been determined that occupancy of the site
by Rancho Del Mar Continuation School is a good use of the
property, the permit, if extended, should be extended for a period
of time long enough to continue the present use of the property,
at least two years. Mayor Swanson said that she and Councilwoman
Murdock have met with representatives of the School Board as
a liaison committee representing the City Council, and she said
it appears that there is general satisfaction with the use of
the site and staffing.
Following discussion the City Manager was directed to convey
the Council's comments and concerns_ regarding possible changes
in staffing or sale of the property to Dr. Price, and upon receipt
of a reply, to work with the City Attorney in drafting an agreement
for extension of the Conditional Use Permit for an additional
period of two years, subject to conditions to be determined by
the City Council.
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August 24, 1987
PUBLIC HEARING, ZONING CASE NO. 330, N. LA CAZE, C.U.P. & VARIANCE
Mayor Swanson opened a public hearing to consider a Variance
of side yard setback requirements and a Conditional Use Permit
for construction of a tennis court on Lot 90-RH, located at 24
Portuguese Bend Road, owned by Mr. and Mrs. Norman La Caze.
The City Manager displayed the plot plan, and 'reviewed the
zoning case, explaining that the Planning Commission approved
the request for a Variance and C.U.P. on July 21, 1987, following
adoption of Ordinance No. 215 by the City Council: on June 22,
1987, which terminated the moratorium on construction of tennis
courts. The Planning Commission's action was reported to the
City Council at their meeting on August 10, 1987. Because it
was the first tennis court approved under the newly adopted
ordinance, the City Council voted to take jurisdiction of the
matter and a public hearing was scheduled._. The Manager said
the public hearing before the City Council was duly noticed as
required by law. Mr. Belanger explained that the front lot line
for the property is determined by the Zoning Ordinance, and is
00 that portion of the property which borders Portuguese Bend Road.
Because of the topography of the property, the house has been
Lo oriented so that the proposed court will be at the rear of the
residence, but actually will be located in the side yard. In
co order to accommodate the court, a variance of side yard setback
Q requirements -to permit an encroachment of -25 feet -into the sideyard
was requested and approved. The Manager said members- of the
-Planning Commission made_ a field trip to the site, and a_
demonstration of the decibel level which will be generated by
the court was made. Further, it was determined that the residence
on the adjacent property to the north of the La Caze property
will be 60 - 65 feet from the edge of the court, and 40 - 50
feet below the court surface. The Manager said that no portion
of the proposed tennis court, including the fence, will be visible
from the adjacent property. Councilman Pernell asked whether
the plan was reviewed by Caballeros with relation to easements
and trails. Mr. Belanger said a representative of Caballeros
was on the field trip and had no objection to the proposed tennis
court location, since there would be a ten foot easement remaining
in the vicinity of the court if the 25 foot encroachment was
approved. Because of the topography, that portion of the property
is not usable for trail purposes, the Manager said.
Mr. Norman La Caze addressed the Council and said that
although the area for which the encroachment was requested is
too steep for a trail, he would be willing to grant a utility
easement if requested to do so. Mr. La Caze said no such request
has been made. He said further that he will landscape the tennis
court as required for screening, and he asked that exhibits
presented to the Planning Commission which showed the degree
of visibility of the court from surrounding properties be presented
to the City Council. The City Manager showed the photographas
to the Council.
Dr. Martin Rosenzwieg advised the Council that he is the
new owner of -property at 27 Portuguese Bend Road, directly across
from the La Caze property, and he has no objection to the proposed
tennis court. Mayor Swanson therefter closed the public hearing.
Councilman Heinsheimer said it is evident that the applicant
has worked with the City throughout the moratorium period and
has met the requirements of the new ordinance; he moved that
the Planning Commission's decision be ratified, and that the
City Council approve the request for a Variance of side yard
setback requirements and a Conditional Use Permit for construction
of a tennis court. Mayor Swanson seconded the motion for purposes
of discussion.
In discussing the matter, Councilwoman Murdock asked whether
there is another location on the property which could accommodate
the tennis court and which would not require a variance. The
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August 24, 1987
Manager explained that in order to place the tennis court in
a legal location in the rear yard, a large tree would have to
be removed, and because of the need for screening of the tennis
court, the applicant is reluctant to remove existing screening.
Further, when the Planning Commission made a trip to the site
the location requested by the applicant was determined by the
Commission to be the best location because of the orientation
of the residence on the property. Councilwoman Leeuwenburgh
noted that despite the size of the property, a portion of the
driveway is in the easement and on adjoining property. The Manager
explained that the driveway was developed to follow the natural
drainage swale. Councilwoman Leeuwenburgh said further there
is no easement on two sides of the property, and in the two acre
zone the easements and required side yard setback are intended
to provide 70 feet between structures on adjacent properties.
In the matter being considered, Mr. La Caze is requesting an
encroachment of 25 feet into the required 35 foot setback.
Councilwoman Murdock said that if the tennis court is permitted
to encroach into the required setback there will be insufficient
room for landscaping on the north side of the court. The Manager
said landscaping for screening is not critical on the north side
of the court, which cannot be seen from any other property.
Councilman Pernell said he considers it incongruous that
a property in excess of four acres in size should require a
variance. He expressed concern about the lack of easements on
the north .and east side of the -property, and he said it - is his
opinion that if the request for a -variance is approved, the
applicant should be required to offer the remaining ten feet
as easement. Mr. La Caze said he would agree to the condition.
Mr. La Caze said that the area is now denuded, and an attempt
is being made to restore the planting, and especially to provide
ground cover to eliminate erosion. Councilwoman Murdock suggested
that as an additional condition the applicant should be required
to locate the tennis court as far as possible from the property
to the north of his property. The Mayor noted that earlier in
the hearing the Council was advised that more grading would be
required if the court was relocated. The Manager said more fill
would be required, and could exceed the limit permitted by the
Municipal Code. Mr. Belanger said the Council could require
that the court be moved south to the extent that it would not
require removal of mature trees. Councilman Heinsheimer said
the application could be approved, with flexibility given to
the staff regarding relocation of the court to provide additional
separation from the property to the north, while maintaining
good engineering practice with regard to grading, and not
disturbing mature trees and plants. Councilman Heinsheimer
suggested that staff work with the applicant to achieve the maximum
separation possible, rather than specify numbers. Mayor Swanson
said she was concerned about the zoning case until she visited
the property. After viewing the site, the Mayor said she was
convinced that as proposed the location for the court will present
the minimum impact with regard to grading and view impairment.
Although preservation of easements for trails is a major
consideration, the Mayor said the easement on the north of the
property, if dedicated, could never be used for a trail. She
suggested that the easement could be required for utilities.
She agreed that the court as presented would be in the best
location for the particular property, and she said it would be
compatible with the Council's policy of judging each request
on its own merit. Councilwoman Murdock said she wished to ask
the applicant whether the court could be moved as discussed by
the Council. Mr. La Caze said the court is designed with a viewing
area located midway along one side. He said the court could
be moved 3 - 5 feet, stating that he wishes to ensure that the
large eucalyptus trees on the property will not conflict with
the viewing area. Mr. La Caze said he is willing to move the
court as far as possible, while retaining both the viewing area
and trees.
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August 24, 1987
Councilwoman Murdock said that since the Council has taken
jurisdiction of the zoning case, if the Council votes to approve
the request new findings shou"ld'be:,prepared, since the approval
will not be based on the findings of the Planning Commission.
The City Manager said the modifications of the approval will
be part of the record, and he said a resolution can be prepared
incorporating the conditions imposed by the Council. Councilman
Pernell asked that the following conditions be included if the
request is approved: that the court be moved as far to the south
as possible, and that the space between the corner of the court
and the property line be unobstructed. Councilman Pernell
suggested that the Council require that the court be moved a
minimum of five feet, reducing the encroachment to 20 feet. Mayor
Swanson asked the applicant whether that limitation is acceptable.
Mr. La Caze said he is unable to agree to the condition without
taking measurements on site, and he requested that the City Manager
be directed to meet with him so that measurements can be taken.
Mr. La Caze said it is his opinion that the court can be moved
three to five feet; he said he will move the court as much as
possible. Councilman Pernell said he wishes to require that
00 five feet be established as the minimum distance the court is
N -J to be moved, and he asked the City Manager whether that is a
Lo feasible figure. The City Manager said that in his opinion,
—� it is feasible. Councilwoman Murdock said she is concerned that
m by specifying a specific distance, if the applicant cannot comply
further delay would result. The Manager -said that if the applicant
Q is unable to meet the .conditions imposed by the Council, .a
modification could be made to the 'approval at the next meeting,
when the resolution of approval is presented to the Council for
ratification.
Councilman Heinsheimer moved that the application for a
Conditional Use Permit for construction of a tennis court and
a Variance for encroachment into the side yard setback as discussed
by the Council and to be verified by staff be approved. The
motion was seconded by Mayor Swanson and carried by the following
roll call vote:
AYES: Councilmembers Heinsheimer, Murdock, Pernell
Mayor Swanson
NOES: Councilwoman Leeuwenburgh
ABSENT: None
OPEN AGENDA
Mayor Swanson announced that the meeting is open to residents
who wish to address the Council on items which are not on the
agenda. There were none, and the meeting proceeded.
PUBLIC HEARING - PROPOSED ORDINANCE
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 proposed ordinance were distributed. The
City Manager advised the Council that the Planning Commission
held. public hearings on the proposed ordinance, and forwarded
it to the City Council with a recommendation that it be adopted.
Mr. Belanger explained that two sections of the Municipal Code
would be amended by addition of new provisions: Title 15, Building
and Title 17, Zoning. Section 15.48.010 would require an applicant
for a building -related permit to resolve any existing violations
related to building on the applicant's property. Section 17.40.012
would require that an applicant resolve any violations of the
Zoning Ordinance that might exist on the applicant's property
before an application could be filed for a discretionary permit
within the purview of the Planning Commission.
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August 24, 1987
Councilwoman Murdock asked whether there is a provision
that if it is determined that a violation exists after an
application for a permit is accepted the resolution of the
violation can take place concurrently with the improvement for
which the permit is requested. The Manager said that such an
occurrence would be a procedural matter, and need not be set
forth in the ordinance. Councilman Pernell requested that staff
input be provided regarding discretionary aacts; also the relation
ship between minor and major repairs and minor and major permits.
Councilman Pernell said there should be a relationship of magnitude
established so an applicant is not required to make a major change
on his property in order to accomplish a minor improvement.
Councilman Pernell said he is also concerned that residents may
abandon plans for improvements rather than bring a property into
compliance, and he asked what the implication is for the City
if there is knowledge that a violation exists on a specific
property. Mr. Belanger said that if there is a violation of
the Building Code, there is no relationship to the magnitude
of the planned improvement; that violation continues, regardless
of the type of permit requested. If an improvement which was
done without proper permit and inspection results in a health
and safety issue, it cannot be ignored, whether the proposed
improvement is minor in nature, or whether the applicant decides
not to proceed.
Mayor Swanson invited comment from residents present. Mr.
Nick Hornberger, 1 Johns_ Canyon Road, said that he attended three
hearings conducted by the Planning Commission on the proposed
ordinance, and most of the people who appeared were opposed to
the ordinance. He said there are violations on many properties
in Rolling Hills, and the Board of Directors tries to accommodate
existing violations if they are not major, since in most cases
it would be too costly to bring the property into compliance.
The City Manager said most enforcement done through the City
is done because of a complaint. Councilman Pernell asked whether
the City will ask for voluntary disclosure by the property owner,
or whether a building inspector will inspect all properties for
which an application is received. The City Manager said that
under the provisions of the proposed ordinance, disclosure of
a violation.is implicit. Further, as part of the permit process,
a building inspector has access to the property for the purpose
of inspections in connection with the permit. If the inspector
advises the City that a violation exists on a property, the
applicant would be so informed by the City. Councilman Pernell
said adoption of the ordinance could result in an increase of
improvements without going through the permit process, and he
suggested that a work session be scheduled for the City Council,
Planning Commission, Board of Directors and Architectural Committee
for further discussion. He suggested that consideration be given
to limiting compliance to the value of a permit, a multiple of
the permit or a percentage of the permit. Councilman Heinsheimer
said that in many cases a new buyer interits long standing
violations.
Dr. Mark Minkes said he attended hearings on the proposed
ordinance and it is his recollection that no person present at
the meetings spoke in favor of the proposed ordinance. Mrs. Marge
Schmit, 2 Buggywhip, said that many residents are not aware that
violations exist on their properties. She said adoption of the
ordinance could encourage creative disobedience, and could also
discourage sale of properties. Councilman Pernell said that
it appears that new owners purchase properties on which violations
exist and do not become aware of them until they apply for a
permit. By- lim-iting'the..application of the ordinance requiring
compliance to homes changing ownership or title, would that be
easier to enforce. Mrs. Betsy Raine, 71 Portuguese Bend Road,
said new legislation requiring disclosure by the seller protects
the buyer of property. She said the CC&R's of property, also
deed restrictions, must be made available to the buyer.
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August 24, 1987
Dr. Martin Rosenzwieg, 27 Portuguese Bend Road; Dr. Stephen
Taus, 14 Southfield Drive and Victor Martinov, 33 Chuckwagon
Road spoke in opposition to the proposed ordinance, stating that
it is vague, too broad in its application, and will discourage
improvement of properties. The City Clerk stated for the record
that no letters or telephone calls had been received in favor
of or in opposition to the proposed ordinance. Mayor Swanson
thereafter closed the public hearing.
Councilwoman Murdock suggested that staff be requested
to prepare a historical review of the perceived need for the
proposed ordinance. Councilman Heinsheimer said the ordinance
is compatible with State law, and he moved that the proposed
ordinance entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS
REGULATING ACCEPTANCE OF APPLICATIONS FOR PERMITS AND AMENDING
THE ROLLING HILLS MUNICIPAL CODE be introduced, that reading
in full be waived, and that the second reading be deferred until
-the meeting of September 28, 1987. Councilman Pernell offered
an amendment, asking that the hearing be continued to give staff
an opportunity to report on the history of the need for the
00
ordinance. The motion died for
lack of a second. The motion
7-1
to introduce
the ordinance and
postpone the second reading to
Lo
the September
28 meeting was seconded
by Councilwoman Leeuwenburgh
and carried by
the following roll
call vote:
7
-AYES:
Councilmembers
Heinsheimer, Leeuwenburgh,
.-Murdock, Mayor
Swanson
NOES:
Councilman Pernell
ABSENT: None
PUBLIC HEARING, PROPOSED ORDINANCE
Mayor Swanson opened a public hearing to consider 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.
The City Manager explained that the intent of the proposed
ordinance as recommended by the Planning Commission is to
reorganize the Zoning Ordinance by incorporating five subsections
in Section 17.16.010 into Paragraph A, and deleting Paragraph
D. Section 17.16.011, Section C has been amended by adding wording
regarding the keeping of domestinc animals, which was previously
listed in Section 17.16.010, Subsection D. Section 17.16.011,
Subsection H is reworded to clarify proposed improvements,
specifically, riding rings, which require a Conditional Use Permit.
Mr. Belanger said Section 17.16.011 Subsection H has been reworded
to include language which limits the permitted accessory use
for corrals to those that do not require a grading permit. Section
17.16.012 Subsection H has been amended to require a Conditional
Use Permit for corrals that require a grading permit. The Manager
explained that there have been cases where an improvement was
called a corral, and after extensive grading the result was
a riding ring, built without the proper permits.
Mayor Swanson invited comment from residents present at
the hearing. Dr. Mark Minkes, 44 Chuckwagon Road, said he attended
meetings of the Planning Commission at which public hearings
were held on the proposed ordinance. Dr. Minkes said he is opposed
to the ordinance, and it was his impression that others present
at the previous public hearings were also opposed. The Mayor
noted that in response to similar comments by Dr. Minkes at a
previous meeting copies of the minutes of the Planning Commission
at which the matter was heard were sent to him and to all members
of the City Council for review. There being no further testimony,
the public hearing was closed.
Councilwoman Murdock moved that the proposed ordinance be
introduced, and that reading in full be waived. The motion was
seconded by Councilwoman Leeuwenburgh and carried by the following
roll call vote:
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August 24, 1987
AYES: Councilmembers Heinsheimer, Leeuwenburqh,
Murdock, Pernell, Mayor Swanson
NOES: None
ABSENT: None
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Bi -Centennial Celebration, Siqninq of the Constitution
Mayor Swanson said the official celebration of the
Bi -Centennial of the signing of the Constitution is September
17, 1987. The Mayor asked Councilwoman Leeuwenburgh to chair
a brief noting of the event at the next regular City Council
meeting on Monday, September 14, 1987.
Re-cyclinq of Glass
Councilman. Pernell suggested that BFI be contacted regarding
re -cycling of glass, and the feasibility of providing a central
collection area for the community. Mayor Swanson asked that
the item be placed on the next meeting agenda for further
discussion.
CLOSED SESSION
The meeting was recessed to a closed session at 10:20 p.m.
for the purpose of discussing personnel. The meeting was
reconvened at 11:00 p.m. and the Mayor announced that the Council -
would meet in a closed session at 7:00 p.m. September 14, prior
to the regular meeting, to discuss personnel matters.
FATALITY IN CITY
The City Manager advised the Council that there was a fatal
automobile accident on Crest Road East .on Saturday, August 22.
The Manager said he will make copies of the accident report
available to the Council when it has been provided by the Sheriff.
ADJOURNMENT
The meeting was adjourned at 11:10 p.m. to Monday, September
14, 1987 at 7:00 p.m. for a closed session, and 7:30 p.m. for
the regular agenda.
APPROVED:
Mayor
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City Clerk