11/28/19882 35'
MINUTES . OF AN
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
November 28, 1988
An adjourned meeting of the City Council of the City of Rolling
Hills, was called to order at 6:48 p.m., in the Council Chamber at the
City Hall/ Administration Building, 2 Portuguese Bend Road, Rolling
Hills, California, by Mayor Murdock on Monday, November 28, 1988.
ROLL CALL
PRESENT: Councilwoman Leeuwenburgh, Councilman Pernell,
Mayor Murdock
ABSENT: Councilman Heinsheimer, Councilwoman Swanson
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ALSO PRESENT: Terrence L. Belanger City Manager
LO Betty Volkert Deputy City Clerk
Donald Spencer Army Corps of Engineers
Anna Zacker Army Corps of Engineers
m Bill Cross Resident
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WORK SESSION - ARMY CORPS OF ENGINEERS
Anna Zacker and Donald Spencer of the U. S. Army Corps of
Engineers gave a presentation on the process involved in conducting a
reconnaissance study, which .the Corps of Engineers will be
undertaking. Mr. Spencer noted that the Army Corps of Engineers would
be conducting a workshop on January 12, 1989, at 7:30 p.m., at Hesse
Park in Rancho Palos Verdes, and remarked that everyone is invited to
attend.
MEETING RECESSED
The meeting was recessed at 7:16 p.m., by Mayor Murdock.
MEETING RECONVENED
Mayor Murdock reconvened the meeting at 7:40 p.m., and asked that
the roll be called again to reflect the recent arrival of
Councilmembers, staff, and residents.
ROLL CALL
PRESENT: Councilman Heinsheimer, Councilwoman Leeuwenburgh,
Councilman Pernell, Councilwoman Swanson (arrived
at 7:41 p.m.), Mayor Murdock
ABSENT: None
ALSO PRESENT: Terrence L. Belanger City Manager
Michael Jenkins City Attorney
Larry Courtright City Treasurer
Betty Volkert Deputy City Clerk
Ann Johnson Los Angeles Times
Anne La Jeunesse Palos.Verdes News
Carol Ryan Daily Breeze .
Approximately 100 Residents - (List Attached)
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CONSENT CALENDAR
Councilwoman Leeuwenburgh moved that the items on the Consent
Calendar be approved and accepted as presented. Councilman Pernell
seconded the motion, and it carried unanimously.
APPROVAL OF MINUTES
The minutes of a regular meeting of the City Council held on
Monday, November 14, 1988, were approved and accepted as written.
PAYMENT OF BILLS
Demands Nos. 3288 through 3311, in the amount of $29,277.95, were
approved for payment from the General Fund.
FINANCIAL STATEMENT
The Financial Statement for the month of October, 1988, was
accepted as presented.
OLD BUSINESS
WAIVER OF CONDITION OF FINAL MAP FOR NOS. 4 & 6 EUCALYPTUS LANE,
The City Manager reported that an agreement has been reached with
the Southern California Edison Company and the General Telephone
Company with regards to the undergrounding of these two properties on
Eucalyptus Lane. Previously, there was question with regard to the
assessment of the PUC tax, which has since been resolved. A series of
agreements between the City and the utility companies, as well as,
between the City and the property owners of these two properties, will
be forthcoming to effect the undergrounding.
Councilman Pernell commended the City Manager for his efforts in
this matter.
Mr. John Pollock confirmed with the City Manager that he could use
the existing power pole for temporary hookup until the necessary
agreements have been prepared.
ORDINANCE NO. 221: AN ORDINANCE ESTABLISHING A SITE REVIEW PROCESS IN,
THE ZONING ORDINANCE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE.
Mayor Murdock clarified for the audience that the public hearings
regarding this matter had been closed at the last City Council
meeting. There have been seven public hearings conducted regarding
this matter, and at the last City Council meeting the ordinance was
introduced and had its first reading. However, the Mayor indicated
that comments regarding the proposed ordinance would be allowed but
she requested that remarks be limited to approximately two minutes,
that they be in an orderly manner and not repetitive, and,
additionally, the Mayor indicated that there would not be a one-on-one
response from the Council.
Mayor Murdock presented a brief background of the evolution of
this proposed ordinance.
Mr. Stein, 1 Outrider Road, asked why it is necessary for the City
to review drainage and grading plans if the County provides this
service prior to any construction. The City Manager explained that
the City is the governing body, and that the County is an agent of the
City by virtue of a contract, not vice versa. Thus, in this regard,
the County is governed by the ordinances of the City.of Rolling Hills.
Some residents questioned the usefulness of attending the meeting
given the fact that the public hearing had already been closed and,
therefore, it seems that their comments would not be taken into
consideration.
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Councilman Heinsheimer commented that there have been several
publicized hearings on this matter, at which everyone has had -an
opportunity to express their opinions. Councilman Heinsheimer
proceeded to review the history and progression of this proposed
ordinance, and its intended purpose. Furthermore, he noted that the
Council had recommended that this ordinance be reviewed after one year
to determine its practicability.
Mr. Fritz Ripley, 91 Crest Road East, voiced his objection to the
proposed ordinance and stated that he feels it is unnecessary.
Mrs. Margaret Hupp, 17 Wide Loop Road, expressed her support of
the City Council and thanked them for their endeavors in trying to
maintain the rural atmosphere of the City.
Mr. Art Stribley, 8 Outrider Road, commented that he supports the
Council on this matter.
Mr. Conrad Fischer, 1 Southfield Drive, spoke in favor of the
proposed ordinance. He enjoys the country atmosphere and fears that
00 extensive grading could have an adverse effect on land stability.
Mrs. Cerami spoke in opposition to imposing a limitation on the
size of a home.
m Mr. Rutherford stated his support for an ordinance which would
Q limit size and growth.
Mr. Carl Price, 1 Quail Ridge Road South, expressed his support of
the Council in their endeavors.
Dr. Jack Lynn, 67 Eastfield Drive, stated that he appreciates the
desire to maintain a rural atmosphere, however, he feels that the,
existing lot coverage regulations are sufficient to ensure that the
rural atmosphere will be maintained, and is opposed to the ordinance.
Mr. Tom Cobb, 6 Roadrunner Road, voiced his opposition to more
government, and feels that the Architectural Committee has been doing
an excellent job and that this ordinance is not necessary. He
believes that the existing regulations are sufficient.
Mr. Chuck Drexel feels that the process required by the
Architectural Committee is adequate. He also feels that this should
be put to a vote of the people.
Mr. Stephen Taus, commented that at most of the meetings that he
has attended it seemed to him that the majority of people were opposed
to this ordinance. He feels that the City Council should represent
the people, and suggested that the Council poll the residents to
determine their feelings on this matter.
Mr. Stein also suggested that this proposed ordinance be put to a
vote of the people.
Mr. Bill Horn expressed his support of the proposed ordinance. He
stated further that as homes become larger they generate more noise,
e.g., air conditioning systems, which disturb the peace and quite of
the neighborhood.
Mrs. Fischer congratulated the Council on their efforts and
thanked them for giving unselfishly of their time. She stated her
desire to see the rural character maintained, and voiced her support
of the ordinance.
Mrs. Joan Saffo commented that this ordinance does not place a
limitation on the size of houses. She explained the necessity for the
ordinance and voiced her wholehearted support for the City Council,
the Association Board, the Architectural Committee, and for the
proposed ordinance.
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Councilwoman Swanson explained the differentiation between the
City and the Architectural Committee. The Architectural Committee is
a branch of the Community Association, which is a private corporation,
and completely independent of the City.
Mr. Richard Krauthamer, 41 Crest Road West, questioned the purpose
of defining "existing buildable area" in the proposed ordinance. The
City Manager explained that the "existing buildable area" is that area
of the property where there exists a building pad plus any other
continuous area of the property with a slope less than ten percent
(10%). It is that area that an individual could reasonably expect to
build without significant grading. The City Manager explained that,
in many instances, the net lot acreage and the building area are not
one and the same.
Mr. Jim Cerami, 14 Georgeff Road, feels that this would be a
restriction of his property rights, and is opposed to the ordinance.
Mr. Carl Price commented that the community has rights too, as
well as individuals.
Mr. Kamen, 5 Johns Canyon Road, agreed with previous speakers that
this matter should be put to a vote of the residents of the community.
Mr. Lohn, 9 Middleridge Lane South, is opposed to more
legislation.
Mr. Major Langer agreed with Mr. Kamen that the Council should get
a consensus of the residents of the community. He feels that this
ordinance is an attempt at reviewing all prospective construction in
the City, with the intent of levying significant restraints. Mr.
Langer feels that this would be a radical change in the policy of the
City. He indicated that, if this ordinance is adopted, the
alternative is a referendum.
Mr. David McKinnie, 3 E1 Concho, commented that the disagreements
are not with the concerns of the City Council but with the method
being proposed for remedying those concerns. He feels that this would
be a duplication of regulations and effort. In Mr. McKinnie's
opinion, the review by the Architectural Committee is sufficient.
Furthermore, Mr. McKinnie remarked that if the ordinance were to be
adopted, it would raise a question in his mind as to the necessity for
both organizations.
Mr. Fred Calhoun agreed with Mr. McKinnie. He feels that most
people support the idea of maintaining the rural character of the
City, but are opposed to this ordinance. Mr. Calhoun is concerned
about the long-term effects of an ordinance and the various
interpretations by different Councils. He also suggested that, if the
ordinance is adopted, during the one-year trial period a method be
worked out for combining the two governing bodies so that individuals
will only be required to deal with one agency.
Councilman Pernell explained that, at one time, the two agencies
were one. However, it became apparent, for legal reasons, that it was
beneficial for both agencies to separate. The legal counsel for the
Association has stated that they will have nothing to do with drainage
or geotechnical aspects of building. They are interested in design
and aesthetics only.
Mrs. Debra Fournier, 14 Chuckwagon Road, moved to the community
because of its rural character, however, she feels that the concerns
are premature. She feels that people are reacting to the loss of
greenery which often occurs during a remodel or reconstruction. Mrs.
Fournier explained that it takes time for vegetation to grow back, but
that new vegetation is being planted to replace vegetation that has
been removed.. Once new vegetation has grown in, she feels that many
concerns will be alleviated.
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Mr. Bob Gold, 9 Flying Mane Road, feels that the ordinance does
not address the issues of drainage or the maintenance of the rural
character. He finds the ordinance confusing.
Mr. Stein, 1 Outrider Road, asked how the twenty-five percent
(25%) triggering mechanism relates to grading and drainage issues.
The City Manager responded that responsibility and authority for
grading, drainage, and other structural and safety issues relating to
development in the City of Rolling Hills falls under the jurisdiction
of the City. Over time, those responsibilities became blurred by the
Joint management of the Association and the City. However, there has
since been a conscious separation of the Association and the City of
Rolling Hills because it became quite apparent that the potential
liability, especially to the Association, was such that they were not
willing to expose themselves to it any further. The ordinances that
dealt with grading and drainage in the past, were fine when dealing
with a set piece situation. However, this is no longer a set piece
community; the community is evolving. With the expansion and
00 redevelopment of property comes related grading and drainage.
7-1 Mrs. Cerami commented that there are some people who prefer their
Lo views and find excessive vegetation offensive.
Mr. Charles Hillway, 2 Flying Mane Road, commented that we live in
m a vulnerable area and feels that slope stability should be a major
Q concern.
Mr. Major Langer believes the real issue is a no -growth I policy,
and not slope stability or drainage. He suggested that a vote
regarding this proposed ordinance be taken at the annual meeting of
the Rolling Hills Community Association.
Mayor Murdock commented that the Community Association's Annual
Meeting would not be. an appropriate forum for polling the residents on
a City action.
Councilwoman Swanson commented that the Association has made it"
very clear that they wish to be completely separate and independent
from the City.
Councilman Heinsheimer commented that it is important that the
process be as simple and as streamlined as possible for individuals
who are developing their property. In addition, the process for
submittal of plans to the City and the Association should be made as
clear and as straightforward as possible, while at the same time
rigorously maintaining the separation of the City functions and the
Association functions. Councilman Heinsheimer pointed out that the
City Manager has been directed to work with the Association Manager to
prepare flow charts indicating the various steps in the development
process, and to ensure that there is a minimum of duplication of
effort.
Councilman Heinsheimer moved that Ordinance No. 221, an ordinance
entitled "AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING A
SITE REVIEW PROCESS IN THE ZONING ORDINANCE AND AMENDING THE ROLLING
HILLS MUNICIPAL CODE" be adopted and that reading in full be waived.
Councilwoman Leeuwenburgh seconded the motion. There being no
objections, the motion carried unanimously.
MEETING RECESSED
Mayor Murdock recessed the meeting at 8:50 p.m.
MEETING RECONVENED
The meeting was reconvened at 9:15 p.m., by Mayor Murdock.
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NEW BUSINESS
REJECTION OF CLAIM
A claim against the City has been filed by Deidre Jackson. Staff
recommends that this claim be rejected and that the claimant be
notified of the Council's action.
Councilwoman Swanson moved that the claim filed by Deidre Jackson
be rejected. Councilwoman Leeuwenburgh seconded the motion, and it
carried unanimously.
PUBLIC HEARING
APPEAL OF ZONING CASE NO. 369, 9 WIDELOOP ROAD
The City Manager reported that an appeal of the Planning
Commission's denial of Zoning Case No. 369, has been filed by the
applicants, Mr. and Mrs. William King. Zoning Case No. 369 is a
request for a variance of the lot coverage regulations to allow for
the construction of residential additions at 9 Wideloop Road. Several
letters from neighboring property owners have been received in support
of the variance request. In addition, the applicants prepared a
packet of material for the Council's information and review. If the
proposed additions were allowed, it would result in a lot coverage of
24.2%. Currently, the maximum allowable lot coverage for structures
is 20%. However, without the proposed new additions, the existing lot
coverage is approximately 20.8%, and is, therefore, nonconforming.
The current lot coverage existed when the lot coverage regulation in
the zoning ordinance was changed from 25% to 20%. Total lot coverage
would be within the City's regulation of 35%.
Councilwoman Swanson confirmed with the City Manager that the
applicants have requested a de novo hearing.
Councilman Pernell moved that the applicants' request for a de
novo hearing be accepted, that public testimony be taken, and that a
field trip to the site be scheduled. Councilwoman Leeuwenburgh
seconded the motion, and it carried unanimously.
A field trip to the site was scheduled for Tuesday, December 6, at
7:30 a.m., and the applicant was requested to have the proposed
additions staked.
The public hearing was continued to the next City Council meeting
on December 12, 1988.
OPEN AGENDA
There were no additional comments.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
There were no additional matters from the Council.
MATTERS FROM STAFF
RECONNAISSANCE STUDY
The City Manager noted that representatives from the U. S. Army
Corps of Engineers met with Members of the City Council earlier in the
evening to discuss the South Peninsula Landslide Feasibility Study,
the first phase of which is the Reconnaissance Study. They outlined
what the process would be to effect the Reconnaissance Study.
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ANNUAL HOLIDAY OPEN HOUSE
The City Manager announced that the City's Annual Open House would
be held on Monday, December 19, 1988, between the hours of 5:00 p.m.
and 8:00 p.m. Everyone is invited.
CLOSED SESSION
There were no additional matters to discuss in closed session.
ADJOURNMENT
Mayor Murdock adjourned the meeting at 9:30 p.m., to 9 Wideloop
Road, Tuesday, December 6, 1988, at 7:30 a.m.
APPROVED:
Mayor
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