12/17/19901
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MINUTES OF AN ADJOURNED
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
December 17, 1990
The Rolling Hills City Council met at 7:30 p.m. on December
10, 1990. Councilmembers present: Leeuwenburgh, Murdock, Swanson,
Pernell. Councilmembers absent: Mayor Heinsheimer. At 7:31 p.m.
the meeting was adjourned to December 17, 1990. A copy of the
Order of Adjournment was posted as required by State Law. Proper
affidavit covering the foregoing is on file in the office of the
City Clerk marked "Affidavit of Posting."
A Regular meeting of the City Council of the City of Rolling
Hills was called to order by Mayor Heinsheimer at 7:30 p.m. on
Monday, December 17, 1990 in the City Council Chambers at the City
Hall/Administration Building, 2 Portuguese Bend Road, Rolling
Hills, California.
ROLL CALL
PRESENT: Councilmembers Leeuwenburgh, Murdock,
Mayor Pro Tem Pernell, Mayor Heinsheimer
ABSENT:
ALSO PRESENT:
CONSENT CALENDAR
Councilmember Swanson
Craig Nealis
Anne Palatino
Kevin Ennis
Lucile Rogers
Jay Corbett
Roy Campbell
Tom Ghormley
City Manager
Acting Principal Planner
Assistant City Attorney
Minutes Secretary
L.A. County Fire Department
Resident
Resident
Councilwoman Murdock moved removal of item g. from the Consent
Calendar. Councilwoman Leeuwenburgh moved approval of items a.
through f. as listed below. The motion was seconded by Mayor Pro
Tem Pernell and carried unanimously.
a. Minutes of the Regular City Council meeting of November 26,
1990.
b. Payment of Bills - Demands Number 5039 through 5075 dated
December 10, 1990 and Demands Number 5076 through 5103 dated
December 17, 1990 were approved for payment from the General Fund.
C. Response letter from State of California, Governor's Office,
regarding AB 4100.
d. , Letter to City Manager of Rolling Hills Estates regarding FAU
funds.
e. - Report from Acting Principal Planner on glazed windows in
barns.
f. Correspondence from Los Angeles County Transportation
Commission relative to the development of Proposition C Guidelines.
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Rolling Hills City Council Meeting - 12/17/90
g. Planninc Commission Items:
I. Resolution re: Zoning Case No. 438
Mr. i Mrs. Hussein Shaikh, 16 Crest Road West (Lot 74 -A -MB).
Request for a Conditional Use Permit to construct a pool
house; a variance to the front yard setback; and Site Plan
Review approval.
City Manager Nealis reported that this item was originally
presented to the Planning Commission in August. There have been
several public hearings and site visits by Planning Commission
members. One party has been in opposition to the project, which
is a proposed single family residence located at 16 Crest Road
West.
Acting Principal Planner Palatino reported that the Planning
Commission approved Resolution No. 90-42 at their meeting held
December 8, 1990; however, a suggested modification to the plan was
received from the applicant at 5:00 p.m. on December 17, 1990 and
should the applicant proceed with the proposed modification a
public hearing could be conducted at the January 15, 1991 meeting
of the Planning Commission. Concern was expressed by Council -
members regarding permit applications being divided in this manner,
and it was suggested that the Planning Commission be asked to
review the entire project as revised.
City Manager Nealis explained that the new submittal relocates
the garage and driveway access, and seems to be an attempt by the
applicant to alleviate some of the concerns that have been raised
by surrounding property owners.
Assistant City Attorney Ennis suggested that since a letter
has not been received from the applicant formally requesting
withdrawal of his application, and since there is a resolution of
approval of the original plans by the Planning Commission, that
Council could take action to take this on appeal and then remand
it back to the Planning Commission to consider the proposal. Mayor
Heinsheimer added that this would allow the Planning Commission to
look at the entire package, including any new input from neighbors,
and make whatever recommendations they,deem appropriate.
It was moved by Mayor Pro Tem Pernell and seconded by
Councilwoman Murdock that Resolution No. 90-42 be taken on appeal
by the City Council and remanded back to the Planning Commission
to consider at its January 15, 1991 meeting. The motion carried
unanimously.
Acting Principal Planner Palatino informed Councilmembers that
beginning in January, staff is requesting that permit applications
be submitted six weeks in advance of the Planning Commission
meetings, to allow staff time to review for completeness and to
prepare the advertisement for the public hearing notice. The need
for clear and complete instructions to applicants was discussed.
Staff was directed to review the application form, procedures and
deadlines, and bring them to the next Council meeting.
II. Resolution re: Zoning Case No. ,- 1-41
Mr. A Mrs. Michael Salisbury, 6 Maverick Lane (Lot 25 -SR).
Request for a variance to encroach into the front and side
yard setbacks to construct residential additions.
Acting Principal Planner Palatino advised that the existing
house is legal but non -conforming. The requested additions are
minor improvements but do not alleviate the existing encroachment
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Rolling Hills City Council Meeting - 12/17/90
Acting Principal Planner Palatino advised that this request
has been approved by the Planning Commission. The plans were
studied by Councilmembers and questions were raised regarding the
method of computation employed by the architect as to the size of
the structure in relation to the lot size. Ms. Palatino explained
that the architect calculates and includes the footprint of the
structure and not the walkways or patios in arriving at the
percentage coverage under Site Plan Review, which is 34.3% in this
case. In response to questions from Mayor Pro Tem Pernell as to
her assessment of the best way to calculate this coverage, Ms.
Palatino replied that this method is in conformance with Planning
Commission policy and has been used in all the Rolling Hills
applications she has seen. She offered to take a look at the
policy and report back to the Council at their next meeting.
Mayor Pro Tem Pernell moved that the Council accept Resolution
No. 90-40 under appeal pending a further report by the staff
regarding the questions raised. Staff is to determine the time
limitations and schedule the report accordingly, for the first or
second meeting of January, 1991. The motion was seconded by
Councilwoman Leeuwenburgh and passed unanimously.
PIIBLIC HEARINGS
A. CONTINUED PUBLIC HEARING REGARDING APPEAL OF PLANNING
COMMISSION'S DENIAL OF ZONING CASE NO. 414; A REQUEST FOR LOT
LINE ADJUSTMENT FOR LOT 241 -A -2 -MS (35 CREST ROAD WEST) AND
FOR LOT 241 -A -1 -MS (VACANT LOT OFF OF CHESTNUT LANE).
Assistant City Attorney Ennis reported that the Planning
Commission heard this matter earlier this year and some legal
issues were raised. A request was made for the applicant to
provide some information to answer these issues. That information
not forthcoming, the Planning Commision denied the application for
a lot line adjustment. A further concern of the Commission was
that the existing lot that would be enlarged by this adjustment
could not be developed in compliance with the Site Plan Review
Ordinance in that it would require too much grading. Since the
denial, the applicant appealed the decision, the first hearing was
held in May and it was continued until such time as the applicant
produced information to answer the legal concerns regarding Site
Plan Review compliance.
Assistant City Attorney Ennis said that additional information
has now been obtained. The first concern was that Parcel No. 1,
which is proposed to be enlarged, would not have the required
frontage along a maintained roadway. The second was that it would
reduce the existing frontage of Parcel No. 2. The answer to these
concerns was that there was no street frontage when the property
was subdivided in 1974; therefore, the adjustment will neither
increase nor decrease the amount of frontage.
The third concern was whether or not there was authority to
traverse a strip of property between Chestnut Lane and Parcel No.
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so the variance request was necessary. The Planning
Commission has
approved
the request and staff recommends approval.
City Council -
members,
without objection, concurred with the
action of the
Planning
Commission on Zoning Case No. 438.
III.
Resolution re: Zoning Case No. 443
Dr.
i Mrs. Lam, 68 Saddleback Road (Lot 6 -RE).
Request for
Site Plan Review to construct a new residence
and stable.
Acting Principal Planner Palatino advised that this request
has been approved by the Planning Commission. The plans were
studied by Councilmembers and questions were raised regarding the
method of computation employed by the architect as to the size of
the structure in relation to the lot size. Ms. Palatino explained
that the architect calculates and includes the footprint of the
structure and not the walkways or patios in arriving at the
percentage coverage under Site Plan Review, which is 34.3% in this
case. In response to questions from Mayor Pro Tem Pernell as to
her assessment of the best way to calculate this coverage, Ms.
Palatino replied that this method is in conformance with Planning
Commission policy and has been used in all the Rolling Hills
applications she has seen. She offered to take a look at the
policy and report back to the Council at their next meeting.
Mayor Pro Tem Pernell moved that the Council accept Resolution
No. 90-40 under appeal pending a further report by the staff
regarding the questions raised. Staff is to determine the time
limitations and schedule the report accordingly, for the first or
second meeting of January, 1991. The motion was seconded by
Councilwoman Leeuwenburgh and passed unanimously.
PIIBLIC HEARINGS
A. CONTINUED PUBLIC HEARING REGARDING APPEAL OF PLANNING
COMMISSION'S DENIAL OF ZONING CASE NO. 414; A REQUEST FOR LOT
LINE ADJUSTMENT FOR LOT 241 -A -2 -MS (35 CREST ROAD WEST) AND
FOR LOT 241 -A -1 -MS (VACANT LOT OFF OF CHESTNUT LANE).
Assistant City Attorney Ennis reported that the Planning
Commission heard this matter earlier this year and some legal
issues were raised. A request was made for the applicant to
provide some information to answer these issues. That information
not forthcoming, the Planning Commision denied the application for
a lot line adjustment. A further concern of the Commission was
that the existing lot that would be enlarged by this adjustment
could not be developed in compliance with the Site Plan Review
Ordinance in that it would require too much grading. Since the
denial, the applicant appealed the decision, the first hearing was
held in May and it was continued until such time as the applicant
produced information to answer the legal concerns regarding Site
Plan Review compliance.
Assistant City Attorney Ennis said that additional information
has now been obtained. The first concern was that Parcel No. 1,
which is proposed to be enlarged, would not have the required
frontage along a maintained roadway. The second was that it would
reduce the existing frontage of Parcel No. 2. The answer to these
concerns was that there was no street frontage when the property
was subdivided in 1974; therefore, the adjustment will neither
increase nor decrease the amount of frontage.
The third concern was whether or not there was authority to
traverse a strip of property between Chestnut Lane and Parcel No.
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Rolling Hills City Council Meeting - 12/17/90
1 for purposes of driveway access to Parcel No. 1. A memorandum
has now been received from the Community Association and approved
by Sidney Croft, the Association Attorney, granting authorization
for the applicant to construct a private driveway on a portion of
the Community Association's easement.
The final issue was the ability of the property owner to
comply with Site Plan Review requirements in creating a building
pad on the property. This could be addressed by a condition
attached to the lot line adjustment approval that it does not limit
or in any way impair the City's ability to fully implement the Site
Plan Review Ordinance at the time that a proposed structure is
applied for.
Mayor Heinsheimer declared the public hearing open, and
testimony was heard from Mr. Tom Ghormley of 2 Johns Canyon Road,
representing the Carl J. Ghormley and -Harriet J. Ghormley Trust.
He stated their lot is immediately east of the Colyear .property.
His three major concerns are: (1) The easement between the two
properties which is claimed by Mr. Colyear is also claimed by the
Ghormleys under prescriptive right, as they have used it for the
past 32 years and the former owners used it since the house was
built in the 1930's. This matter is in litigation and a settlement
is expected by the end of the year. (2) The proposed driveway
would cut across the existing bridle trail at a grade that would
eliminate the use of the bridle trail. (3) The lot is extremely
steep and the Ghormleys fear landslide problems if attempts are
made to build on it.
Questions were raised by Councilmembers regarding the actual
location and proposed use of the easement and the bridle trail.
Mayor Pro Tem Pernell expressed his concern that if the
Council approves the request with the condition that any building
has to meet the requirements of the Site Plan Review Ordinance, the
Planning Commission will be under pressure to approve a development
on a very steep, marginal lot that may not, in reality, be
buildable. Assistant City Attorney Ennis advised that the City's
ability to preclude any development on the lot depends on a finding
of health and safety concerns, including the geological stability
of the area. The evidence regarding such concerns could be
determined at the stage of the Site Plan Review process.
Mayor Pro Tem Pernell asked if the burden of "buildability"
could be placed on the applicant by requiring him to provide
documentation that the slope is stable, the geology is appropriate,
conditions exist that will support a septic system, and any other
concerns relating to slope conditions and other City history since
development of the subdivision in 1974. Mr. Pernell suggested if
the applicant did not supply the information requested, that this
could be justification for denial of the lot line adjustment.
Attorney Ennis felt this may be beyond the authority of the Council
at the present. Mayor Heinsheimer suggested the hearing be held
open until the first meeting in January and directed staff to
provide further guidance at that meeting. It was agreed that a
field trip would be scheduled after further comments have been
received from staff. Councilwoman Murdock asked if there were any
time constraints and Assistant City Attorney Ennis indicated this
would be included in the memorandum to be prepared.
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Rolling Hills City Council Meeting - 12/17/90
OLD BUSINESS
A. ORDINANCE NO. 229: AN ORDINANCE OF THE CITY OF ROLLING HILLS
REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR
MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL
CODE.
Councilwoman Murdock moved second reading and adoption of
Ordinance No. 229, waiving full reading. Councilwoman Leeuwenburgh
seconded the motion and it passed unanimously.
NEW BUSINESS
A. CITY OF ROLLING HILLS ESTATES - MODIFIED STRIPING PLAN FOR
PALOS VERDES DRIVE NORTH.
Councilwoman Leeuwenburgh reported the City received a letter
on November 21, 1990 advising that Rolling Hills Estates was
planning to turn the "Right Turn Only" lane on Palos Verdes Drive
North at the intersection of Rolling Hills Road into a "Through"
lane. In addition, the right turn from Portuguese Bend Road into
Palos Verdes Drive North was considered for a "No Turn on Red"
prohibition. The issue was brought before the Rolling Hills
Traffic Commission on December 14, 1990 and the Commission
requested that the City Council object to the striping plan.
Councilwoman Leeuwenburgh reported that she attended the
Rolling Hills Estates City Council meeting held December 11, 1990
and requested time for Rolling Hills to study the plan to assess
the impact on local traffic. Rolling Hills Estates agreed to put
their action on hold, and the Rolling Hills Traffic Engineer and
City Manager are working on preparing a report of Rolling Hills
concerns and recommendations. Councilmembers expressed their
appreciation for the reponse and cooperation of the City of Rolling
Hills Estates.
B. AGREEMENT AMENDING THE JOINT POWERS AGREEMENT FOR THE SOUTH
BAY CORRIDOR STUDY, PHASE III (IMPLEMENTATION).
City Manager Nealis reported that the South Bay Corridor
Steering Committee has proposed an amendment to the Joint Powers
Agreement establishing a Technical Advisory Committee to consist
of the City Manager or his designee from each of the 16 cities
comprising the Steering Committee. The proposed Technical Advisory
Committee would meet quarterly to provide information and
recommendations to the full committee. To date none of the 16
member cities has considered the amendment. Councilwoman Swanson
has recommended that this.item be presented and favored approval.
Mayor Heinsheimer suggested holding any decision until
Councilwoman Swanson is present to address the matter.
Councilmembers agreed, and the subject will be placed on the agenda
for the City Council meeting of January 14, 1991.
OPEN AGENDA
No one present wished to speak on the open agenda.
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Rolling Hills City Council Meeting - 12/17/90
MATTERS FROM MEMBERS OF THE CITY COUNCIL
A. STATUS REPORT OF CITY ADMINISTRATION FACILITY HARDSCAPE
RENOVATION PROJECT.
Mayor Pro Tem Pernell presented a plan prepared at the request
of the Community Association regarding the hardscape concept for
parking and traffic circulation for the proposed move of the
Community Association into the current maintenance facility. It
was agreed to post the plan on the bulletin board at the conclusion
of the Council meeting.
MATTERS FROM STAFF
A. LOS ANGELES COUNTY FIRE DEPARTMENT COST REDUCTION PROGRAM
City Manager Nealis reported that effective January 1, 1991,
the Los Angeles County Fire Department will implement a cost
reduction program in an effort to combat increased costs and
decreased revenues. There will, however, be no reduction of Fire
Department personnel on the Palos Verdes Peninsula and the local
fire station improvements currently underway will be completed.
Chief Corbett reaffirmed that there would be no reduction in
the services offered to the City of Rolling Hills. At the end of
this fiscal year it will be determined if further reductions are
needed. He emphasized that response time would be affected only
in the event of a major greater alarm incident where resources
would be necessary from beyond the fire stations in the proximal
area of Palos Verdes.
Mayor Pro Tem Pernell suggested consideration of the use of
volunteer personnel. Chief Corbett stated the Department currently
utilizes call fire fighting personnel in rural areas. Mayor Pro
Tem Pernell said he felt the residents of Rolling Hills would be
willing to serve in that capacity, and asked Chief Corbett to look
into the feasibility of creating a volunteer fire department.
B. City Manager Nealis reported the School District has extended
an invitation to the City of Rolling Hills to participate in a
special committee they are forming on how best to mitigate the
traffic problems that will be created due to the closing of
schools. They are planning to hold three meetings over the next
few months. Councilwoman Leeuwenburgh volunteered to serve on the
committee. It was decided that Mayor Pro Tem Pernell would talk
informally with Hugh Muller at the Mayors Meeting and try to
determine if the City of Rolling Hills should participate on this
committee. Action was deferred until the next Council meeting.
OPEN AGENDA (CONTINUED)
Mr. Roy Campbell of 3 Running Brand Road said he had read in
the Palos Verdes Peninsula News that a request was made at the
School Board meeting to have Crest Road reopened for buses to
transport students from Miraleste High to Rolling Hills High
School.
Mr. Campbell then asked for a status report on the 53 and 59
Portuguese Bend Road properties. City Manager Nealis said the
County has estimated a cost of between $12,500 and $15,000 to abate
the declared nuisances. The minutes of the November 26, 1990 City
Council meeting as well as a verbatim transcript of the public
hearing will be certified and sent to the City Attorney's office
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Rolling Hills City Council Meeting - 12/17/90
to obtain a court order to proceed with the abatement
property owner has requested some time to complete
and he was told he is welcome to abate the nuisance
will diligently continue its abatement process.
Nealis estimated the County would be ready to move
in by approximately January 10, 1991. Assistant
Ennis added that the property owner has the right
hazard only until the court has ordered and allowed
proceed.
MATTERS FROM THE CITY ATTORNEY
process. The
the abatement
s but the City
City Manager
its equipment
City Attorney
to abate the
the County to
The Assistant City Attorney had no matters for discussion.
MATTERS FROM MEMBERS OF THE CITY COUNCIL (CONTINUED)
Councilwoman Murdock asked how the search for a Principal
Planner was proceeding. City Manager Nealis reported that 33
applications had been received and five had been selected for
interviews. Anne Palatino was thanked for the outstanding job she
has done for the City as Acting Principal Planner. Mayor Pro Tem
Pernell stated that he and Councilwoman Swanson are having trouble
coordinating their schedules to arrange for the interviews, and
asked if anyone could substitute for him to expedite the process.
Councilwoman Murdock agreed to interview applicants with
Councilwoman Swanson on the afternoons of December 20 or 21, 1990.
Councilwoman Leeuwenburgh stated that the Daily Breeze called
_ to announce that Marie Montgomery had a baby girl and her
y replacement during her maternity leave will be Diana Chapman.
Councilwoman Leeuwenburgh also reported that the Holiday Open House
was a tremendous success and complimented Julie Heinsheimer on the
decorations for the party.
CLOSED SESSION
There was no need for a closed session.
ADJOURNMENT
Mayor Heinsheimer adjourned
Monday, January 14, 1991 at 7:30
A
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the meeting at 8:50 p.m. to
p.m.
Minutese�ry