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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. 12 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. -2- X13 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 -3- iin 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. -4- 1:5 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. -5- 9 16 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. 0 -6- 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: -7- 1'7 W 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 -8- City Clerk