2/13/1989MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
February 13, 1989
A regular meeting of the City Council of the City of Rolling Hills
was called to order by Mayor Murdock at 7:36 p.m., in the Council
Chamber at the Administration Building/City Hall, 2 Portuguese Bend
Road, Rolling Hills, California, on Monday, February 13, 1989.
ROLL CALL
PRESENT: Councilman Heinsheimer, Councilwoman Leeuwenburgh,
Councilman Pernell, Councilwoman Swanson,
Mayor Murdock
ABSENT: None
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ALSO PRESENT: Terrence L. Belanger City Manager
Michael Jenkins City Attorney
Larry Courtright City Treasurer
Ann Johnson Los Angeles Times
co Jim Marquez Architect
Q Doug McHattie South Bay Engineering
Dr. and Mrs. Henke Residents
Dr. Hooshang Pak Resident
CONSENT CALENDAR
Councilwoman Swanson 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
January 23, 1989, were approved and accepted as written.
PAYMENT OF BILLS
Demands Nos. 3459 through 3509, in the amount of $107,661.85, were
approved for payment from the General Fund.
RESOLUTION NO. 584: GRANTING A MODIFICATION TO SECTION 308(b)(3)(d) OF
THE BUILDING CODE. FOR 67 PORTUGUESE BEND ROAD
Resolution No. 584, entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROLLING HILLS GRANTING A MODIFICATION TO SECTION
308(b)(3)(d) OF THE BUILDING CODE", with respect to real property
located at 67 Portuguese Bend Road, was passed, approved and adopted.
RESOLUTION NO. 585: GRANTING A MODIFICATION TO SECTION 308(b)(3)(d) OF
THE BUILDING CODE. FOR 69 PORTUGUESE BEND ROAD
Resolution No. 585, entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY, OF ROLLING HILLS GRANTING A MODIFICATION TO SECTION
308(b)(3)(d) OF THE BUILDING CODE", with respect to real property
located at 69 Portuguese Bend Road, was passed, approved and adopted.
OLD BUSINESS
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There being none, the Council proceeded with the remainder of the
agenda.
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NEW BUSINESS
RESOLUTION ESTABLISHING FILING FEE FOR SITE PLAN REVIEW PROCESS
The City Manager discussed the draft resolution for establishing a
filing fee for the site plan review process. He noted that the City
Attorney indicated there is a statutorial requirement that the matter
be noticed to the general public ten (10) days in advance of final
consideration. The matter could be discussed but final action could
not be taken until the next meeting. The proposed fee is a
nonrefundable fee of $750 for the filing of a site plan review
application. The proposed amount is similar to a fee requirement for a
variance or certificate of compliance or other discretionary action by
the Planning Commission.
The Mayor requested information on the approximate costs that will
be incurred with each filing. The City Manager stated that an itemized
list of routine costs associated with processing an application would
be available for the February 27 meeting.
It was the stated desire of the Mayor and City Council to keep the
filing fee as low as possible and still cover costs.
Mayor Murdock directed that this matter be held on the agenda for
the next Council meeting on February 27.
CITY TREASURER EXCUSED.
LETTER FROM WILLIAM KING, 92 CREST ROAD EAST, RE: ADVANCED ELECTRONICS
SAN PEDRO HILL ANTENNA
Mr. King was called out of town on business. Mayor Murdock
explained that he would like to request that the Council send a letter,
similar to the one that he wrote to the FAA, in support of denying the
renewal of the lease. The Mayor mentioned this to the City Attorney
who had some concerns about this and felt that it would be more
appropriate to discuss this in a litigation session.
REPORT ON TRAFFIC COMMISSION RECOMMENDATION - JANUARY 13. 1989
PROPOSED NEW DRIVEWAY TO ACCESS 9 CREST ROAD WEST
The City Manager explained that the Council had before them for
their review and consideration, a resolution of the Traffic Commission
which recommends the approval of the location of a driveway to provide
on-site ingress and egress to the property at 9 Crest Road West, where
currently, ingress and egress is taken from a neighboring property over
a private easement. The Traffic Commission conducted a field
investigation and discussion. On the basis of both written and verbal
testimony, the Commission recommends that the driveway relocation
request by Dr. and Mrs. Pak be approved subject to three conditions.
The three conditions are set forth in the Traffic Commission
resolution. The City Manager noted that the Traffic Commission had
other suggestions related to this particular request. Those
suggestions were relayed to the Planning Commission as they were a more
logical condition to a Planning Commission action rather than a Traffic
Commission action, and those will be found in the list of conditions
related to the variance request that allows this driveway to be built.
Councilwoman Swanson asked if the applicant had been made aware of
the Traffic Commission's recommendations, and the City Manager
indicated that the applicants were aware of the recommendations.
Secondly, Councilwoman Swanson asked if the property owners that
share the current driveway access, Dr. and Mrs. Henke, have a copy of
the Traffic Commission's recommendations and if they are in agreement
with the recommendations.
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The City Manager reported that the property owners are aware of the
recommendations. Dr. Henke: met,,,,on-site at the time of the Traffic
Commission's field investigation. He also made a presentation to the
Traffic Commission in support of this request.
The City Manager indicated that the resolution that will have a
substantial effect on Dr. and Mrs. Henke is the Planning Commission's
resolution, which has to do with abandonment of private easements and
things of that nature. Those were discussed with the Henkes at the
time and were incorporated into the Planning Commission resolution.
Councilwoman Leeuwenburgh moved approval of the Traffic
Commission's recommendation. Councilman Pernell seconded the motion,
and it carried unanimously.
REPORT ON PLANNING COMMISSION ACTIONS - JANUARY 17, 1989
ZONING CASE NO. 366. JEFFREY FAVER, 5 SOUTHFIELD DRIVE
This request for a front yard setback variance to allow for the
00 construction of retaining walls for a driveway to provide access to the
building site was denied by the Planning Commission.
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The City Manager reported that Mr. Faver had requested a variance
for this property several months ago. At the time that he requested
CO this variance, he was instructed, via written communication, that
Q certain reports were going to have to be prepared and made available to
the Planning Commission before the Planning Commission could proceed
any further with his application. After approximately one month, staff
communicated again with Mr. Faver regarding the correspondence that had
been sent to him. At that time staff indicated that, based on
information that existed as a result of earlier construction in that
area, a focused environmental impact report would be necessary. The
focused environmental impact report would require the preparation of
reports related to geology, soils, engineering, et cetera, that
specifically address the project being proposed by the applicant. The
City Attorney and the City Manager met with the applicant and his
architect to discuss this matter. At that time, Mr. Faver was fully
informed of what his obligations were to be. After passage of another
couple months, the applicant still had not responded in any fashion.
The Planning Commission determined that, due to lack of evidence that
would allow them to make a determination with the necessary findings,
it was in the best interest of the Planning Commission and the City to
not carry this application any further on the agenda, and they,
therefore, denied the variance application due to a lack of requested
information. We have not received any kind of communication from the
applicant or his architect since that time, and at the Planning
Commission meeting where this action was taken the architect for this
project was in attendance and did not speak positively or negatively on
the Planning Commission's action.
There being no further questions or comments from members of the
City Council, the report of denial was received for the file.
ZONING CASE NO. 373. SAMAR SIRCAR. 58 EASTFIELD DRIVE
This request for a front yard and side yard setback variance for
the purpose of constructing retaining walls and remodeling the garage
was denied by the Planning Commission.
The City Manager reported that Dr. and Mrs. Sircar are proposing
to raze the existing residential building at 58 Eastfield Drive, and to
replace it with a building of approximately 1,000 square feet larger
than the building that currently exists. The new building would also
incorporate a basement covering about two-thirds of the floor space of
the building. In order to accomplish this they would need a variance
from the minimum front yard setback requirement of 50 feet. At the
present time, there is a nonconforming encroachment into the front yard
of twelve feet. That twelve feet incorporates a portion of the
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garage. Essentially, what the applicant was proposing, as far as the
garage was concerned, was a similar kind of encroachment. In addition,
the applicant was also asking for an encroachment of a retaining
structure that would essentially run from the roadway easement all the
way across the front yard setback through the property to the rear of
the property, in order to expand the building area and the driveway
area. The Planning Commission, after reviewing the applicant's
property on-site and meeting with the applicant's architect, determined
that the subject property was not exceptionally unique to justify a
variance. Granting a variance would, in fact, grant a special
privilege to the property owner not enjoyed by other property owners in
the same vicinity and zone. Furthermore, the Planning Commission
determined that the variance was not necessary for the applicant's
ability to enjoy the property to the same extent as other property
owners in the same vicinity and zone.
There were no additional comments, and the report of denial was
received for the file.
ZONING CASE NO. 374. STEPHEN TAUS. 7 OPEN BRAND ROAD
This is a request for a Conditional Use Permit for a guest house,
which was approved by the Planning Commission.
The City Manager noted that, more appropriately stated, this is a
request to convert the existing stable into a guest house. As a result
of that, the applicants are required to comply with a whole list of
conditions that are attached to this particular application. Among
these is a requirement that a proposed stable site, with the minimum
footprint of 200 square feet, be shown on the property, and that access
to that stable be demonstrated to be feasible before the application
could be approved. Those conditions are incorporated in the Planning
Commission's action. It was noted that the Planning Commission's vote
of approval on this particular matter was split, 3 in favor and 2
opposed.
Councilwoman Leeuwenburgh commented that it appears from the plan
that vehicular access to this proposed stable site is not possible and
that, in fact, the proposed stable site will be landlocked because of
the converting of the guest house.
The City Manager explained that when the Planning Commission
conducted their on-site visit, it was determined that there were two
possible accesses to the stable. The easement that runs along the
westerly side of the property is in fact fairly flat, and it's obvious
from the site visit, although these contours don't reflect it, that
this at one time was used as the access to the stable. Also, this
easement runs all the way back, and in walking the easement it was
found that access could, in fact, be gained to this site with one
caveat and that is that there is a utility pole located in the middle
of the easement which would have to be relocated. In fact, there is
one condition that speaks to the matter of relocating the utility
pole. The other access could conceivably be obtained by constructing a
retaining wall, similar to the one that exists there now, thereby
facilitating the construction of a vehicular access across the property
to the proposed stable. However, this proposed access would not be
feasible since the City has a specific prohibition against driveways
being located within fifty feet of guest houses.
The Zoning Ordinance requires that there be a demonstration that
access can be provided. The applicants actually have demonstrated the
capability of providing two accesses. The problem is that one of the
accesses, given the proposed use of the existing stable, is impossible
under the City's rules because the rules also say that you cannot have
a driveway going to a guest house. Therefore, there actually is only
one access and that's down the easement, which would require the
relocation of a utility pole
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Councilman Pernell felt that since there were concerns regarding
the possibility of providing.access,,to the proposed future stable, it
would be appropriate for the -Council to take jurisdiction of this
matter.
There being no objections, the Mayor so ordered and directed that
this matter be held on the agenda for the next Council meeting to be
discussed at a public hearing.
ZONING CASE NO. 375, NICHOLAS HORNBERGER, 1 JOHNS CANYON
Zoning Case No. 375 is a request for a Conditional Use Permit for a
pool cabana to be used as a recreation/exercise room. This request was
approved by the Planning Commission.
The City Manager reported that this matter was approved unanimously
by .the Planning Commission. The cabana would be located to the
northeast, on the northeast corner in the area where there is an
existing swimming pool. There are associated with this particular
00 approval 13 conditions.
r -i Councilwoman Swanson asked if there was access to the stable. The
Lo City Manager indicated that there is driveway access to the stable,
-� actually located below the area where the swimming pool and residential
m building are located.
Q There were no additional questions or comments, and the report of
approval was received for the file.
ZONING CASE NO. 376, HOOSHANG PAK. 9 CREST ROAD WEST
This is a request for a front yard setback variance for the purpose
of constructing retaining walls for a proposed new driveway. The
Planning Commission approved this request.
The City Manager noted that this is a report of approval. This
matter was discussed briefly in relation to the Traffic Commission's
recommendation. There were a couple of other conditions set forth that
• were discussed at the Traffic Commission level and were again discussed
at the Planning Commission level. The first is that there would be no
demolition for building permits issued until the new driveway was
constructed. The reason for that relates to condition 10, which states
that the two interested parties, Dr. Henke and Dr. Pak, reach an
agreement on the abandonment of the joint vehicular access that
currently exists. Both at the Traffic Commission level and at the
Planning Commission level it was felt that it was important that that
access be eliminated and that driveway access to the building pad area
of the property at 9 Crest Road West be gained solely from this newly
constructed driveway. This condition was discussed with Dr. Henke at
some length.
Councilman Pernell asked if this will be a new access onto Crest
Road and if the old access were going to be abandoned. The City
Manager explained that a new access onto Crest Road would be created,
however, the old access will not be abandoned; it will continue to be
used by Dr. Henke.
There were no further questions or comments, and the Planning
Commission's report of approval was received for the file.
ZONING CASE NO. 377. I.S.C.O. (IVANO STAMEGNA). 4 MORGAN LANE
Zoning Case No. 377 is a request for Conditional Use Permits for a
guest house and tennis court. The Planning Commission denied this
request.
Mayor Murdock indicated that an appeal of the Planning Commission's
decision had been filed.
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The City Manager reported that the Planning Commission, after t
holding public hearings and an on-site investigation, voted unanimously
to deny the applicant's request. Subsequent to that denial, the
applicant submitted a letter to the City on January 26, 1989, appealing +
the Planning Commission's decision, along with the filing fee for the
filing of an appeal. Under the Municipal Code, the City Council, when
an appeal is received, must set a public hearing for the purpose of
considering the appellants action.
The Mayor explained to Mr. Marquez, the applicant's architect, that
nothing would be done tonight, and that a public hearing was required.
A public hearing was scheduled for the next meeting.
ZONING CASE NO. 378, JAMES CERAMI. 14 GEORGEFF ROAD.
This is a request for a front yard setback variance to permit the
construction of a new garage into the existing nonconforming front yard
setback. This request was approved by the Planning Commission.
The City Manager explained that, currently, there is an
encroachment of twenty-five feet into the front yard setback. That is
a nonconforming encroachment. Essentially, what the applicant is
proposing is to construct a new garage, which would encroach into the
front yard setback the same distance as the existing garage. The
existing garage would be converted into living space. The Planning
Commission conducted public hearings and an on-site investigation. On
the site visit the Planning Commission determined that, for all
practical purposes, the applicant was prevented from expanding their
property in any other direction except for the direction that is being
proposed in this application. In reviewing the physical situation
on-site, it was determined that it would be appropriate to grant the
request of the applicants.
There were no further comments or questions, and the report of
approval was received for the file.
OPEN AGENDA
The Mayor invited comments from the audience. There being none,
the Council proceeded with the agenda.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
PASSING AWAY OF RAY SCHAEFFER,
Councilwoman Swanson informed the members of the City Council that
Mr. Ray Schaeffer passed away recently. He was a resident of the City
for thirty-seven (37) years and served on the Planning Commission and
Landscape Committee. Memorial services will be held tomorrow, February
14.
REGIONAL LAW ENFORCEMENT MEETING
Mayor Murdock reported that there had been a Regional Law
Enforcement meeting last week, and the proposals will soon be
forthcoming for the increase in patrol services in the other cities.
It was not felt that Rolling Hills required, based on the statistics,
any additional enforcement. Those recommendations and proposals will
be forthcoming.
THANK YOU NOTE FROM COUNCILWOMAN SWANSON,
Mayor Murdock noted that the Council had received a thank you note
from Councilwoman Swanson for the flowers that she received.
JOINT MEETING OF CITY COUNCIL REPRESENTATIVES AND COMMUNITY ASSOCIATION,
REPRESENTATIVES
The Mayor reported that she had received a call from Tom Boyd, as
President of the Community Association Board of Directors, indicating
his desire and the desire of Mr. Stringfellow to meet with two
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representatives from the City Council to discuss our mutual concerns.
Mayor Murdock informed Mr. Boyd that she would bring up the matter to
the Councilmembers and that,'the Council would, with the agreement of
all members, establish a subcommittee to open some discussions about
mutual areas of concern in the City and the community.
Mayor Murdock felt that, possibility, this came as a response to a
request that she had made that the two bodies get together to discuss
various items, not the least of which is implementing the site review
process and getting the flow chart in a form that can be useful to the
residents and that can be made available to them, and from there
discussions could continue on anything else that seems appropriate.
LETTERS OF INFORMATION TO FLYING TRIANGLE RESIDENTS
Councilman Heinsheimer commented that it might be worthwhile, given
that the Council has taken action now on two properties in the Flying
Triangle, to have the City Manager write a letter to other properties
in the Flying Triangle area informing them of that fact so that
everybody knows what has been done and they don't have to find out by
random processes. It seems to be a major step that the Council has
taken facilitating improvements, and Councilman Heinsheimer is not sure
that everybody is aware of that. He believes that it would be
constructive if the residents in the area were informed of the
situation.
After some discussion, it was the general consensus of the Council
that this would be appropriate.
MATTERS FROM STAFF
ALLOCATION OF CDBG FUNDS TO THE CITY OF LOMITA
The City has received a report from the County Community
Development Department, the department that administers the County's
Community Development Block Grant funds, that the City of Rolling Hills
is eligible to received $9,300 in CDBG monies in Fiscal Year 1990. The
City, over the past several years, has, as a way of meeting its
responsibilities under its Housing_ Element, contributed its share of
CDBG monies to the City of Lomita with the expressed admonition that
the money be utilized for provision of lower income senior citizen
housing. The City of Lomita has, in fact, embarked upon a fairly
ambitious senior citizen housing program. For the last nine years the
City of Rolling Hills has allocated its CDBG funds to Lomita for that
purpose. It is staff's recommendation that, once again, the City of
Rolling Hills allocate its Community Development Block Grant funds to
the City of Lomita for lower income senior citizen housing.
Mayor Murdock commented that she had received a letter from the
Mayor of Lomita, Hal Croyts, reporting that, as a result of the
generous cooperation of the City of Rolling Hills and other
participating cities, two separate senior housing complexes totaling
145 apartments are now complete and are fully occupied. Mr. Croyts
stated further that the City of Lomita is currently exploring the
availability of federal assistance to allow the development of a third
senior housing complex. In addition, Lomita is also aggressively
moving to rehabilitate substandard houses and apartments, to improve
Lomita's housing stock, and to address other community improvement
needs. Mayor Murdock remarked that it appears that the City of Lomita
is taking a very active roll in attempting to provide for senior
citizen housing.
It was the unanimous wish of the Council that staff prepare and
return with the appropriate resolution approving the allocation of
$9,300 in CDBG funds to the City of Lomita.
Councilman Pernell expressed his appreciation of the letter from
Hal Croyts explaining the disbursement of the monies.
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ALLOCATION OF FAU FUNDS TO THE CITY OF ROLLING HILLS ESTATES
The City Manager explained that the City of Rolling Hills receives
an annual allocation of Federal -Aid Urban (FAU) monies, which are
administered by the Los Angeles County Transportation Commission. For
the current fiscal year, $7,200 has been allocated to the City of
Rolling Hills. That allocation of money will lapse on June 30, 1989,
unless it is either incorporated in a plan to build arterial roads
within the City of Rolling Hills or it is allocated for some other
purpose. Over the past several years, the City has allocated its FAU
monies to the City of Rolling Hills Estates for the express purpose of
having those monies utilized for the reconstruction of Palos Verdes
Drive North, Phase II. Phase II runs, essentially, from on the other
side of the General Store all the way to Crenshaw Boulevard. Rolling
Hills has, in fact, allocated the last three or four years' funds, if
not more, to the City of Rolling Hills Estates. It is our
understanding, in talking with the City of Rolling Hills Estates, they
intend to begin that project this year. It would be staff's
recommendation that the City Council allocate the $7,200 to the City of
Rolling Hills Estates for the express purpose of using this money in
conjunction with the reconstruction of Palos Verdes Drive North, Phase
II.
There was some concern expressed regarding proposals for raised
medians on Palos Verdes Drive North. Following a lengthy discussion,
it was the consensus of the Council that a letter be prepared and
forwarded to the City of Rolling Hills Estates, stating our concerns
regarding response time for emergency vehicles if raised medians were
to be placed in the roadway.
Further, the Council unanimously agreed to approve the allocation
of the City's lapsing FAU monies, in the amount of $7,200, to the City
of Rolling Hills Estates for the express purpose of being used for the
reconstruction of Palos Verdes Drive North, Phase II.
PLANNING COMMISSION MEETING CHANGE
The City Manager suggested that perhaps the Municipal Code should
be amended to increase the number of meetings of the Planning
Commission from one per month to two per month, to provide a more
expeditious process for the consideration of the applications that are
presently coming to the Planning Commission and in anticipation of an
increased workload due to the adoption of the ordinance enacting a site
review process.
This matter was discussed at some length, afterwhich, it was the
general feeling of the Council that there currently has not been a
demonstrated need for additional meetings.
It was noted that the process currently takes approximately
seventy-five (75) days and that with the addition of one more meeting
per month, it is possible that this process could be reduced to
forty-five (45) days, which Councilwoman Swanson felt would be an
advantage to the residents.
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The City Manager indicated that if the Council desired to see what
it would be like to have two meetings a month without going through the
formality of amending the Municipal Code, it would simply be a matter
of the Planning Commission adjourning their regular meeting for a
couple of months in a row, to a meeting two weeks later, just to see
what it's like. One of the purposes, if not the primary purpose of
proposing two meetings, is to accelerate the process.
It was decided to leave the number of meetings of the Planning
Commission at one per month until such time as the Planning Commission
expresses their need for another meeting.
CITY HALL OFFICE RENOVATION
The City Manager requested that this matter be continued to the
next meeting.
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CITIZEN OF THE YEAR
The City Manager announced that Joan Saffo, who is a long-term
Rolling Hills resident and has been actively involved in the community
in countless capacities, has recently been named the 1988 Citizen of
the Year by the Palos Verdes Peninsula Chamber of Commerce and Rotary
Club. Mrs. Saffo will be honored at a recognition dinner on Thursday
evening, February 16, at the Los Verdes Country Club.
CITY COUNCIL RETREAT
The City Council retreat that has been discussed previously, is
scheduled for March 17-19, at Lake Arrowhead. Several possible topics
for discussion have been listed in the staff memorandum. If there are
any items that members of the Council would like to see removed from
the list, they should contact staff. Also, if there are any additional
items that the Council would like to see added to the list they should
inform staff so that background information regarding these matters can
be prepared.
MEETING RECESSED
The meeting was recessed at 8:44 p.m. by Mayor Murdock.
CLOSED SESSION
At the request of the City Attorney, a brief executive session was
conducted for the purpose of discussing pending litigation.
MEETING RECONVENED
The meeting was reconvened at 9:14 p.m.
ADJOURNMENT
Mayor Murdock adjourned the meeting at 9:15 p.m. to Monday,
February 27, 1989, at 7:30 p.m.
APPROVED:
Mayor
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City Cl,
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