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.
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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.
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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.
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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:
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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
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City Clerk
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