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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 $3,500 be appropriated to fund the position through the end of fiscal year 1988 . -2- October 12, 1987 The Manager said the Assistant Finance Officer provides G-� �- finance, accounting, budgeting and tax assessment services to the City of Rolling Hills and the Rolling Hills Community �;, Association, and it has been determined that 50$ 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. -3- October 12, 1987 - - . �'2�9 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 -4- 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. -5- _2`5 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. . • Ni�/ � City Clerk � � � APPROVED : � Q Mayor ,, ;�, . a -6-