Loading...
9/28/1987MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS September 28, 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, September 28, 1987. ROLL CALL PRESENT: Councilmembers Leeuwenburgh, Murdock, Pernell, Mayor Swanson ABSENT: Councilman Heinsheimer ALSO PRESENT: Terrence L. Belanger City Manager = Michael Jenkins City Attorney June Cunningham Deputy City Clerk Ann Johnson Los Angeles Times Larry Welsh Daily Breeze RESIDENTS PRESENT: S. Allan _ E. E. Lohn Mr. & Mrs. C. Aylesbury Mrs. R. Marshall- _-- Mr. & Mrs: B. Balch Mr. & Mrs. V. Martinov Mr. & Mrs. J. -Bennett _ _ = - D.-McKinnie-- - Dr. & Mrs. J. '-R._ Black -Mrs. A. Miller T. Boyd Dr. M. Minkes Mrs. A. Boyer Mrs. J. Mishkin Mrs. D. Bray D. Moeller J. Brogdon Mr. & Mrs. G. Moore Mr. & Mrs. D. Byrd Mr. & Mrs. W. Mott Mrs. J. Cake Mrs. M. Mottola S. Calhoun Mrs. F. Murray Mrs. A. Carley M. Park T. Carroll S. Probst D: Clark Mrs. B. Raine L. Coates Mr. & Mrs. C. Ramsdell Mr. & Mrs. B. Cutler Mrs. R. Rihaczek W. Cross Mr. & Mrs. F. Ripley W. Daniel Dr. J. Roberts Mrs. V. Davisson.- Mr. -& Mrs. F. Rodriguez Mrs. L. Des Lierres Mrs. M. Rothi J. Drown Dr. & Mrs. L. Saks Mrs. S. Enright Mrs. M. Salib J. Farrow Mrs. M. Schmit F. Fiaschetti Dr. G. Shrader Mr. & Mrs. M. Friedman P. Shu Mrs. E. Frudenfeld G. Steen Mrs. V. Gibson W. Stringfellow 0. Glenn Dr. & Mrs. E. Surprenant Mrs. P. Goodman Mr. & Mrs. E. Swart -Mrs. N. Harjian Dr. & Mrs. G. Taus Mrs. D. Heater Dr. & Mrs. S. Taus Dr. & Mrs. R. Hoffman Mrs. L. Taylor Mr. & Mrs. L. Hutchinson J. Tielens Mrs. N. Hynes Mrs. S. Tyndall C. Inducil R. Virtue Mrs. H. Ikezawa Dr. & Mrs. S. Weinstein Mr. & Mrs. A. Kaiser Dr. B. Weiss Mrs. M. Kraynak J. Welbourn N. La Caze Dr. & Mrs. E. Wiater Mrs. L. Lam A. Witte Dr. G. Lemire Dr. & Mrs. T. Wiener Mr. & Mrs. W. Levine Mrs. P. Willburn September 28, 1987 CONSENT CALENDAR Items on the consent calendar were approved on a motion made by Councilwoman Murdock, seconded by Councilwoman Leeuwenburgh and carried unanimously. APPROVAL OF MINUTES The minutes of a meeting held on September 14, 1987 were approved and accepted as written. PAYMENT OF BILLS Demands No. 2338 through 2366 in the amount of $21,780.38 were approved for payment from the General Fund. e FINANCIAL STATEMENT -The Financial Statement- for August 1987 was approved and accepted as presented. NEW BUSINESS REPORT OF PLANNING COMMISSION -ACTION, -ZONING CASE -NOS --345 Dr. Mark Minkes, 44 Chuckwaqon Road, Lots 21 -CF -and -22 -CF The= City Manager -reported' that =at - a 'regular -meeting- on -_ September 15, 1987 the -Planning -Commission approved applications filed by Dr. Mark Minkes for the following requests: a Conditi-onal Use Permit for construction of a guest house on Lot 21 -CF located at 44 Chuckwagon Road, and a Variance for construction of a barn on Lot 22 -CF, a vacant lot located at 46 Chuckwagon Road, immediately adjacent to the property on which the Minkes residence is located. In a staff report the Manager explained that in order to accommodate a guest house on _Lot 21 -CF, the existing barn, which is in dilapidated condition, will be removed, and 200 square feet with access will be reserved for a barn, in accordance with requirements of the Municipal Code. The Manager reported that a riding ring has existed on Lot 22 -CF for a number of years, and it is Dr. Minkes' wish to have a barn constructed on the property on which the riding ring is located to continue the historical use of the land, which has been used as a single piece of property, while retaining the two.separatelot-s legally under a single ownership. Mr. Belanger explained that the Planning Commissioners made a field trip to the site and agreed that - the utilization of the properties as a single lot which has been established by various owners could continue with the proper Variance for a barn on vacant property, subject to specific conditions setting forth the obligations on- Dr. and Mrs: Minkes or their successors in interest if either Lot 21 or Lot 22 is sold or transferred. The Manager advised the Council that a modification agreement between the Rolling Hills Community Association and Dr. and Mrs. Minkes was entered into regarding use of the vacant property before the Planning Commission decision was made. Councilwoman Murdock moved that the City Council take jurisdiction in the matter, and that a public hearing be held on Zoning Case No. 345 at the next regular meeting of the City Council on Monday, October 12, 1987. The motion was seconded by Councilwoman Leeuwenburgh and carried. RESOLUTION NO. 563, ZONING CASE NO. 330, N. LA CAZE, L0T-90--RH The City Manager distributed copies of a resolution prepared to ratify the approval of a request by Mr. Norman La Caze for a Conditional Use Permit for construction of a tennis court on Lot 90-RH, located at 24 Portuguese Bend Road, and a Variance to permit encroachment of the tennis court into the required side yard setback. Mr. Belanger said the resolution incorporates conditions imposed on the approval, and ratifies the City Council's discussion and approval at the meeting on September 14, 1987. -2- 2'1 September 28, 1987 RESOLUTION NO. 563 Councilman Pernell moved that Resolution No. 563 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE AND A CONDITIONAL USE PERMIT IN ZONING CASE NO. 330 be adopted, and that reading in full be waived. The motion was seconded by Councilwoman Murdock and carried by the following roll call vote: AYES: Councilmembers Murdock, Pernell, Mayor Swanson NOES: Councilwoman Leeuwenburgh ABSENT: Councilman Heinsheimer ORDINANCE NO. 217 Mayor Swanson said a proposed ordinance entitled AN ORDINANCE 00 OF THE CITY OF ROLLING HILLS REGULATING THE ACCEPTANCE OF APPLICATIONS FOR PERMITS- AND AMENDING THE ROLLING HILLS MUNICIPAL CODE was introduced on September 14, 1987, and is scheduled for LO 7second reading and adoption. The Mayor said the intent of the proposed ordinance was explained -in a recent Newsletter, and [n sh_e noted that a --number of residents have called and written Q -Ietters stating oposition to the proposed ordinance, and their objections have been entered into -the file._ Mayor Swanson said that because .a number of residents are present at -the melting and have indicated that they are present to testify regarding the proposed ordinance, statements would be heared from any resident who wishes to testify, but each presentation would be limited to three minutes. Mayor Swanson opened discussion of the proposed ordinance. The City Manager explained that the proposed ordinance would not affect the transfer of property, and was developed to promote and encourage a cooperative approach to code compliance. Mr. Belanger explained that prosecution exists in the Municipal Code as a remedy for code violation, and it was the wish of the City Council to find an alternative to the adversary type of remedy. The Planning Commission conducted public hearings on the proposed ordinance, and received -comments similar to those now being presented to the- Council. The proposed ordinance was forwarded to the .City Council by the Planning Commission with a recommendation that additional public hearings be conducted as a preliminary step to adoption. The Manager reported that as requested by the City Council on August 24 he has surveyed other cities to determine how code compliance is handled in other jurisdictions. He said he determined that code violations are handled in one of three ways: prosecution; denial of an application for an improvement if there is a lack of cooperation regarding correction of an existing violation; and correction of an existing violation within a specified period of time as a condition of approval of a new application. Mr. Belanger said staff recommends adoption of the ordinance. Councilman Pernell asked how long the ordinances in neighboring cities were in effect, and what the other cities' experience has been in bring about code compliance. Nor. Belanger said there is no ordinance in any of the neighboring cities. He said one of the cities surveyed reported that approximately three violations are prosecuted monthly. In the other cities new applications are not processed if a violation exists. Mayor Swanson asked the Manager to explain why staff recommends the new ordinance. The City Manger said the proposed ordinance would provide a basis for negotiation with a property owner. Councilman Pernell asked whether negotiation could be accomplished without the ordinance. Mr. Belanger said negotiation could be effective if the City adopts a policy which would require that pre-existing violations be brought into compliance as a condition of approval of an application. -3- 22 September 28, 1987 Mayor Swanson asked the City Attorney to comment. Mr: Jenkins said the law requires that the conditions of approval of any discretionary permit for a Variance or Conditional Use Permit must bear a reasonable relationship to the approval being given, and that the conditions of approval relate to the impact of the proposed project. A condition which is wholly unrelated to a project, and which refers to an unrelated condition on the same property could be regarded as suspect, the attorney said. Mr. Jenkins said such a requirement would not necessarily be illegal, but could be questionnable. The City Attorney said recent court cases indicate that there will be closer scrutiny of the relationship between discretionary approvals and imposition of conditions of approval , and a showing of reasonable relationship may be required. Mayor Swanson opened the discussion to the floor and invited residents to comment. The following residents addressed the Council: Julian Tielens, 3 Wrangler Road; John Bennett, 3 Eastfield Drive; Mrs. Sherry Ikezewa, 10 Packsaddle Road West; Dr: Stephen Taus, 14 Southfield Drive; Wolfgang Daniel, 2 Eastfield Drive; Mrs. Mary Weinstein, 17 Middleridge Lane South; E. E: Lohn, 9 Middleridge Lane South; Dale Moeller, 30 Chuckwagon Road; Mrs: Magda Salib, 12 Ringbit Road East; Mrs. Virginia Gibson, 3 Meadowlark Lane; Edouard Swart, 2 Meadowlark Lane; Dr: Edgar Surprenant, 7 Eastfield Drive; Jack Drown, -2 Crest Road West; Tom Boyd, 7 Middleridge Lane South; -Dr._ -Bernard Weiss,_ 11_ Buggy Whip_ Road-;_ Dr. Mark Minkes; 44 Chuckwagon Road;-- Scott Probst,_ 33_ -Crest Road East; Mrs. Fran Murray, 8 Possum Ridge Road; Mrs. Cherie Bennett, 3 Eastfield Drive; Dr. Richard Hoffman, 3 Hillside Lane; Mrs. Valerie -Davisson, 6 Blackwater Canyon Road; -Lee Hutchinson, 29 Eastfield Drive; Mark and Dorothy Friedman, 11 Flying Mane Road; Mrs. Alice Boyer, 18 Bowie Road; Victor Martinov, 33 Chuckwagon Road; Jim Brogdon, 5 Maverick Lane. Following testimony from residents who expressed unanimous opposition to the proposed ordinance, the City Manager said there appears to be some confusion about the intent of the ordinance: Mr. Belanger said it is not intended that the City of Rolling Hills will inspect any property prior to sale or transfer of title. The Manager explained that the State of California has adopted legislation that requires disclosure upon sale or transfer. The City Attorney said the ordinance addresses - a procedure that would be enacted when a_property owner applies for a permit to improve their property. Mayor Swanson thanked residents who attended the meeting, and expressed the Council's appreciation for their attendance and input on the subject of the proposed ordinance. MEETING RECESSED Mayor Swanson recessed the meeting at 9:30 p.m. MEETING RECONVENED The meeting was reconvened at 9:45 p.m. PROPOSED ORDINANCE NO. 217 Councilman Pernell said that although there appears to be strong opposition to the proposed ordinance, he is concerned about lack of compliance with the Municipal Code and the existence of violations on many properties in the community. Councilman Pernell said there is a need for enforcement to eliminate violations. Councilwoman Murdock suggested that the proposed ordinance be removed from the agenda while alternative methods of enforcing the code is explored. Members of the Council agreed with the suggestion. Councilman Pernell moved that the proposed ordinance be tabled. The motion was seconded by Councilwoman Murdock and carried by the following roll call vote: -4- 1 September 28, 1987 AYES: Councilmembers Leeuwenburgh, Murdock, Pernell Mayor Swanson NOES: None ABSENT: Councilman Heinsheimer OPEN AGENDA Mayor Swanson announced that the meeting was open to residents who wished to address the Council on matters not on themeeting agenda. There were none, and the meeting proceeded. MATTERS FROM MEMBERS OF THE CITY COUNCIL Mayor Swanson reported that she met with Mr. William Levine, 1 Middleridge Lane South, to discuss a matter he had presented to the Council during the open agenda at -the September 14, 1987 meeting. The Mayor said the questions 'Mr. _Levine posed to the Council in connection with the relocation of a driveway on property 00 located at 3 Middleridge Lane South, immediately adjacent to his property, have been answered to his satisfaction. Mayor Lo Swanson said it is her understanding that there will be a meeting between the affected neighbors to discuss the concerns expressed. m - CLOSED SESSION - - The City -Manager. reported that _ there were no items to be discussed in either a Litigation Session -or a Personnel Session. ABSENCE FROM COUNCIL MEETING Councilman Pernell said he will not be present at the next regular meeting. ADJOURNMENT The meeting was adjourned at 9:55 p.m. to Monday, October 12, 1987 at 7:30 p.m. APPROVED: Mayor -5- City Clerk 1 23