10/12/1987 24
MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS
October 12, 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, October 12, 1987 .
ROLL CALL
PRESENT: Councilmembers Heinsheimer, Leeuwenburgh,
Murdock, Mayor Swanson
ABSENT: Councilman Pernell
ALSO PRESENT: Terrence L. Belanger City Manager
h7ichael Jenkins City Attorney
L. D. Courtright City Treasurer
June Cunningham Deputy City Clerk
Victor Martinov Resident
Dr. Mark Minkes Resident
CONSENT CALENDAR
Councilwoman Leeuwenburgh asked that item 1 a. , Approval
of Minutes, be removed from the Consent Calendar for amendment.
Mayor Swanson asked that item 1 c. , Cooperation Agreement, L.
A. County Community Development Commission, be removed from the
Consent Calendar for discussion.
APPROVAL OF MINUTES
Councilwoman Leeuwenburgh asked that the minutes of the
meeting on September 28 , 1987 be amended on page two, second
paragraph from the bottom, to state that the motion was carried
unanimously. The minutes as amended were approved on a motion
made by Council Heinsheimer, seconded by Councilwoman
Leeuwenburgh and carried unanimously.
PAYMENT OF BILLS
Demands No. 2367 through 2397 in the amount of $21,681. 54
� were approved for payment from the General Fund on a motion made
by Councilman Heinsheimer, seconded by Councilwoman Murdock and
carried unanimously.
COMMUNITY DEVELOPMENT COMI�4ISSION, L. A. COUNTY
Copies of a letter dated September 22, 1987 from the Community
Development Commission of Los Angeles County were distributed
to the City Council. David N. Lund, Executive Director of the
Commission, stated that the City of Rolling Hills is invited
to continue to participate in the Los Angeles Urban County
Community Development Block Grant (CDBG) Program. He explained
that the three year cooperation agreement between the City of
Rolling Hills and the County of Los Angeles was executed in 1984
and will expire on June 30, 1988 . A new agreement must be executed
to join the the next Urban County three-year funding cycle, July
1, 1988 through June 30, 1991 . To participate in the program
executed copies of the Agreement must be returned to the Community
Development Commission no later than October 15, 1987 .
The City Manager explained that Rolling Hills has participated
in the program, and has allocated the funds approved for Rolling
Hills to the City of Lomita for use in senior citizen and low
income housing. Mayor Swanson said that as part of the agreement
to assign CDBG funds to Lomita, Rolling Hills has traditionally
asked that the City of Lomita agree to provide in-kind services
to Rolling Hills as needed, and she asked that this condition
again be made part of the agreement.
October 12, 1987
Councilwoman Murdock moved that the Mayor and City Clerk.
be authorized to execute the Cooperation Agreement subject to
conditions for in-kind services . The motion � was seconded by
Councilman Heinsheimer and carried unanimously.
OLD BUSINESS
STATUS OF FLYING TRIANGLE
The City Manager reported that the recommended re-survey
of the Flying Triangle area for purposes of comparison with
previous surveys as a method of tracking the movement in the
Flying Triangle landslide area would cost approximately $4 ,000.
The City Manager recommended that periodic re-survey of the area
be approved. Mr. Belanger said the cost has not been budgeted,
and would come from the unallocated surplus in the General Fund.
Councilwoman Murdock moved that the Manager ' s recommendation
be accepted, and that the expenditure of approximately $4 ,000
for re-survey of the Flying Triangle landslide area be approved.
The. �otion was ,econded by Councilwoman Leeuwenburgh and approved
� unanimously.
RANCHO PALOS VERDES ENVIRONMENTAL IMPACT REPORT - PHASE� II
The City Manager reported that he has received from the
City of Rancho Palos Verdes Phase II of the Environmental Impact
Report on the Portuguese Bend Landslide Stabilization Project.
The Manager said the report is available to members of the City
Council, and the period for comments will be open through November
2, 1987 . Mr. Belanger said he will submit his comments to the
Council for review before submitting them to Rancho Palos Verdes,
and he said comments from members of the Council would be welcome.
� MATTERS FROM MEMBERS OF THE CITY COUNCIL
�
APPOINTMENT TO THE TRAFFIC COMMISSION
Councilwoman Leeuwenburgh, Chairman of the Traffic Commission,
reported that she and Councilwoman Murdock have completed
interviews of the six applicants for the vacancy on the Traffic
Commission, and have agreed that John Welbourn, 24 Portuguese
Bend Road, should be appointed to replace S. D. Weiman, who has
resigned from the Traffic Commission. A motion to appoint Mr.
Welbourn to the Traffic Commission was made by Councilwoman
Leeuwenburgh, seconded by Councilwoman Murdock and carried
unanimously.
Councilwoman Leeuwenburgh asked that letters be sent to
the �five other applicants thanking them for their interest in
applying for the appointment. She said, further, that Mr. Welbourn
has been serving on the Environmental Quality Board and will
submit his resignation, leaving a vacancy to be filled.
LEAGUE OF CALIFORNIA CITIES CONFERENCE
Mayor Swanson reported that she and the City Manager attended
the League of California Cities Conference in San Francisco the
first week in October. The Mayor said she ordered tapes of some
j of the sessions , and they will be available to members of the
Council. •
MATTERS FROM STAFF
PERSONNEL RECOMMENDATIONS
Accounting Technician
The City Manager recommended that the City Council approve
creation of a part-time Accounting Technician classification,
and that $3,500 be appropriated to fund the position through
the end of fiscal year 1988 .
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October 12, 1987
The Manager said the Assistant Finance Officer provides G-�
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finance, accounting, budgeting and tax assessment services to
the City of Rolling Hills and the Rolling Hills Community �;,
Association, and it has been determined that 50$ of the Finance
Officer ' s time is spent an each of the two entities. There is
no staff backup support for the position when the Assistant Finance -
Officer is on vacation or is ill. The Manager said the anticipated
salary for an Accounting Technician would be $12. 00 - $13. 00 �;�
per hour, and the Rolling Hills Community Assbciation would assume � �
50$ of the total cost of no more than 15 hours per week. � �
�
Councilwoman Leeuwenburgh moved that the City Manager ' s �
recommendation to create the part time Accounting Technician .
classification be approved, and that $3, 500 be appropriated by
the City to fund the position through the end of fiscal 1988.
The motion was seconded by Councilman Heinsheimer and carried
unanimously.
Administrative Intern -
The City Manager recommended that the City Council approve
the creation of an Administrative Intern Classification, and
that $2, 500 be appropriated to fund the position through the
end of fiscal year 1988. The r?anager proposed that the internship
program be established in association with the University of.
Southern California School of Public Administration. He said
an intern would work no more than 15 hours per week at a salary
rate between $6 . 00 and $7 . 00 per hour, and would be expected
to provide general administrative assistance to the City Council
and City staff.
Councilwoman Leeuwenburgh moved that the City Manager ' s
recommendation that an Administrative Intern classification be
created, and that $2,500 be appropriated to fund the position
through the end of fiscal year 1988 be approved. The motion
was seconded by Councilman Heinsheimer and carried unanimously.
PUBLIC HEARING, ZONING CASE NO. 345, DR. T4ARK MINKES
Mayor Swanson opened a �public hearing before the City Council
on a request by Dr. riark Minkes for a Conditional Use Permit
for a guest house on Lot 21-CF, located at 44 Chuckwagon Road,
and a Variance for construction of a stable on Lot 22-CF, a vacant
lot located at 42 Chuckwagon Road.
The City Manager displayed the plot plan, and explained
that it is the applicant ' s wish to remove the existing stable
from Lot 21-CF, and construct in its place an 800 square foot
guest house, reserving space on the property for a future stable,
as required by the Municipal Code. Further, the applicant has
requested a Variance for construction of an 1100 square foot
stable and corral on Lot 22-CF, the adjacent lot, on which there
is no residence. The Manager explained that a stable is a
permitted accessory use on a property which has a residence on
it. The Manager said the Planning Commission conducted two public
hearings on the applications, and made a field trip to the site.
The requests for a Conditional Use Permit and a Variance were
approved by the Planning Commission on September 15, 1987 .
Mayor Swanson asked whether the same requests would be ;
necessary if the two lots were combined. The Manager explained �
that if the two lots were combined into a single lot, the
Conditional Use Permit for a guest house would be required, but
the stable and corral would be a permitted use, and the need
for a Variance would be eliminated. Mayor Swanson asked the
City Attorney to comment on whether the applicant had provided
sufficient evidence of hardship in requesting the Variance: The
City Attorney said that in approving the request the Planning
Commission found that there are unusual circumstances, not
specifically hardship. Councilwoman Murdock said the approval
of a Variance should not create a special privilege for the
applicant that is not accorded to other properties in the same
vicinity and zone.
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October 12, 1987 - -
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Mayor Swanson opened the discussion to comment from the
floor. Dr. Minkes advised the' Council that he owns two contiguous '
parcels of land on Chuckwagon Road. His residence is on Lot
21-CF, located at 44 Chuckwagon Road, and there is no residence
on Lot 22-CF, at 42 Chuckwagon Road; however, there is a riding
ring on the lot, and a pad for a residence. Dr. Minkes said
the existing barn on Lot 21 is in dilapidated condition, and
it is not in a satisfactory location, since odors from the barn
are carried to the house. Dr. Minkes said he wishes to demolish
the barn and build a guest house in the same location. Space �
has been reserved on the 1ot for a future barn in a more
satisfactory location. Dr. �Minkes said he wishes to build a
stable on the adjacent lot, where there is an existing riding
ring. The Rolling Hills Community Ass.ociation has approved the
request, and Dr. Minkes has entered into an agreement with the.
Community Association regarding future conditions in the event
that either of the lots or both lots are sold. Dr. Minkes said
that although he owns and uses the two lots, he has no intention
of combining them, since the legally separate lots increase the
total value of his land. In response to the Mayor ' s question �
about the size of the proposed stable, Dr. Minkes said it would
be 60 feet in length and would consist of five stalls . Mayor
� Swanson asked Dr. Minkes to describe the construction of the
� proposed stable. He said the plans call for a concrete floor,
� covered with sawdust. The Mayor said a structure with a concrete
� floor could be used for other purposes , although supposedly built
m as a stable. The Mayor asked about drainage, and Dr. Minkes
said drains will be installed in the floors , and he said he has
Q had professional advice regarding the construction for the comfort
of the horses .
With regard to the proposed future location for a barn on
Lot 21-CF, Councilwoman Murdock said there is room on that lot
for a stable without the need for a Variance. Dr. Minkes said
a site has been reserved in accordance with Municipal Code
requirements. The reserved site would require minimum grading,
but it would not accommodate a stable the size of the one he
wishes to build, Dr. Minkes said. •
Victor Martinov, 33 Chuckwagon Road, said he supports Dr.
Minkes in his request, stating that if hardship has not been
demonstrated, there is at least a practical inconvenience. He
said the construction proposed is consistent with the spirit
of the Zoning Ordinance, and in his opinion would enhance the
value of the property and the enjoyment of that property by the
owners . Mr. Martinov said he agrees with Dr . Minkes that the
lots should not be combined. Dr. Minkes noted that there was
no opposition to his request at any public hearing on the matter.
Mayor Swanson thereafter closed the public hearing.
In discussing the matter Councilman Heinsheimer said the
request for Variance is for a horse-oriented improvement, and
he asked whether there was a way to determine whether the use
would continue if and when the propert� is developed. The City
Manager said the stable would encourage equestrian use, and under
the conditions of approval the equestrian related facilities
would remain intact if and when the property is developed.
Councilwoman Murdock suggested that the request for a stable
on the vacant lot be separated from the request for a Conditional
Use Permit for a guest house on Lot 21 . Councilwoman Murdock
said that a barn can be built on Lot 21 without a Variance, and
that appears to be the log,ical solution.
Councilwoman Leeuwenburgh asked whether " the Planning
Commission considered Lot 22-CF with respect to a building pad
for a house at some future time. The Manager said he researched ,
the files , and records indicate that the house would be built
in the location of the existing riding ring. Councilwoman
Leeuwenburgh said the initial purpose of any lot is construction
of a residence, with other improvements as accessory or conditional
uses . Mayor Swanson said that in this instance safeguards have
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30 �
e October 12, 1987
been built in by the findings when the request was approved by
the Board of Directors and the Planning Commission. The City
Attorney said that if the Council wishes to add conditions they
can be incorporated with the previous conditions, which will
be re-written.
Councilman Heinsheimer said it appears the Council members
are evenly divided in their opinions, and he suggested that a
vote not be taken until all Council members are present: The
City Attorney explained that the Council has the following options:
the hearing can be re-opened and held to the next meeting, or
the matter can be continued to the next meeting, but no new
testimony can be taken.
Councilman Heinsheimer moved that the request for a
Conditional Use Permit for a guest house be approved . The motion
died for lack of a second. Mayor Swanson ordered the matter
held on the agenda until the next meeting.
OPEN AGENDA
Mayor Swanson opened the meeting to comment from residents
present. Dr. Minkes addressed the Council and expressed his
disappointment that his requests were not automatically approved:
He said, further, that residents are at a disadvantage when they
are not permitted to join in the Council ' s discussion and
deliberation, stating that he wished to rebut statements made
by members of the Council. As part of the open agenda Dr. Minkes
said he wished to request that residents be given. an opportunity
to respond during discussion by members of the Council.
Mr. Victor Martinov asked whether the members of the Planning
Commission are appointed or elected, and was advised they were
appointed by the City Council. Mr. Martinov said he does not
consider it necessary for the City Council to review all decisions
made by the Planning Commission, having appointed the members,
and he suggested that the process be reviewed: Mayor Swanson
explained that the City Council is ultimately responsible for
all decisions, and she explained that the City Council does not
take jurisdiction of all decisions . In certain cases the City
Council does vote to review a case to ensure that there is
unanimity that the decision is for the best of the community:
The City Attorney explained that the applicant also has the right
to appeal the decision made by the Planning Commission.
MATTERS FROM STAFF
Audit Report
The City Manager reported that the auditor who currently
prepares the Audit Report for the City has not yet done the field
work for the report which is due on November 15 . Mr. Belanger
said the report due last November was presented in May. He said
he will review the list of auditors availab?e to do such work
for the City, and will make a recommendation for a change.
School District Agreement
The City Manager said the agreement with the School District
has been sent to the District, and a meeting will be held on
October 28 , 1987 at 7 : 30 a.m. Councilwoman Murdock asked that
the Manager discuss watering of landscaping on the La Cresta
School site with the appropriate school district personnel: Mr:
Belanger said he had discussed the matter with Superintendent
° of Schools Jack Price, and was assured that a watering program
has begun. Mr. Belanger said he has also advised Dr. Price of
the need to give the City 90 days notice if they intend to dispose
of the property.
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October 12, 1987
Transcript of Testimony at School District Hearings
Mayor Swanson reported tha't she had requested a transcript
of testimony presented at a public hearing before the School
Board in which a Peninsula resident asked that Crest Road be
opened to the public. The Mayor said a copy would be sent to
the Board of Directors .
ADJOURNMENT
Mayor Swanson adjourned the meeting at 8 : 45 p.m. to Monday,
October 26, 1987 at 7 :30 p.m. .
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