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5/26/1992MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA May 26, 1992 A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Swanson at 6:55 p.m. on Monday., May 26, 1992 at 1 Morgan Lane. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: Councilmembers Leeuwenburgh, Pernell, Mayor Pro Tem Murdock, Mayor Swanson Councilmember Heinsheimer (excused) Craig Nealis Lola Ungar M/M William Hoover & Charles Hoover Mr. Jim Bartz Mr. Roy Campbell City Manager Principal Planner Applicants Project Designer Resident Mayor Swanson opened the public hearing. The application in Zoning Case No. 473 was reviewed on-site. At 7:15 p.m. the meeting was adjourned to. the City Council Chambers at the City Hall/Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. The meeting was reconvened at 7:32 p.m. CONSENT CALENDAR Councilmember Murdock moved approval of the Consent Calendar, Councilmember Pernell seconded and the motion passed without objection. a. Minutes - Regular Meeting of May 11, 1992. (Approved as presented) b. Payment of Bills - Demands Number 6440 through 6472 dated May 25, 1992 in the amount of $141,593.83 were approved for payment from the General Fund. C. Financial Statement for the month of April. (Received and filed) 1 Rolling Hills City Council Meeting - 5/26/92 d. Correspondence from Browning-Ferris Industries regarding recovered recyclable material. �' (Received and filed) e. Correspondence from Public Utilities Commission regarding Southern California Gas Company's proposed rate increases. (Received and filed) f. Notice regarding application of Southern California Edison before Public Utilities Commission. (Received and filed) PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS (Continued) A. CONSIDERATION OF NUISANCE ABATEMENT AT 62 PORTUGUESE BEND ROAD (LOT 34 -FT). OWNER: MR. 7 MRS. JAMES EVANS. Mayor Swanson declared the public hearing open. There was no one present to testify on this matter, and in accordance with the Staff recommendation it was agreed to continue the matter to the City Council meeting of July 27, 1992. PUBLIC HEARINGS A. CONSIDERATION OF APPEAL OF PLANNING COMMISSION ACTION GRANTING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A POOL CABANA AND GRANTING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A TENNIS COURT IN ZONING CASE NO. 473. ADDRESS: 1 MORGAN LANE (LOT 170 -A -MS). OWNER: MR. AND MRS. WILLIAM R. HOOVER. City Manager Nealis reported that this public hearing was continued from the earlier public hearing at 1 Morgan Lane. Mr. Jim Bartz, Project Designer, reiterated that the items at issue (tennis court and cabana) are on a flat plane and will appear nonexistent from the street and neighboring properties. He said 2 Rolling Hills City Council Meeting - 5/26/92 the proposed plan has an open feeling consistent with the surrounding homes, and the fence will be landscaped to provide screening. He noted that the tennis court will be 25 feet below the level of the street. Councilmember Pernell expressed concerns regarding the size of the graded area on the plot. The plans were displayed and the calculations discussed. Mr. Bartz explained that the proposed building pad coverage of 17.7%, approved by the Planning Commission, represents the buildable pad coverage excluding the tennis court. Including the tennis court in the calculations would bring the pad coverage to about 40%. In reply to Mayor Pro Tem Murdock's call for clarification, City Manager Nealis advised that since this is an application for a Conditional Use Permit for the tennis court and cabana rather than a Site Plan Review, the Planning Commission did not apply the calculations that would have been required for Site Plan Review. He explained that the City Council's options are to approve or deny the application, to refer it back to the Planning Commission, or to continue the public hearing until additional information is obtained from the applicant and/or a legal opinion is given regarding the calculations. The location of the stable was also questioned, with Mayor Swanson viewing it as impractical due to access considerations. Mr. Bartz expressed his feeling that it is ideally located, with a 25 ft. easement road immediately adjacent to the stable. Mr. Bartz was asked to provide vicinity maps to indicate how close the neighboring homes are. In addition, Councilmember Pernell asked that he address the subject of fence encroachments of the neighboring properties and .Mayor Swanson suggested he try to reduce the mass and retain more of the natural terrain. Mayor Swanson stated the public hearing would remain open to the City Council meeting of June 8, 1992. Staff was requested to provide information to clarify the concerns raised. OLD BUSINESS A. CITY COUNCIL COMMITTEE ASSIGNMENTS It was agreed to hold this item on the agenda until the full City Council is available. 3 Rolling Hills City Council Meeting - 5/26/92 B. RESOLUTION NO. 677: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING AN AGREEMENT BETWEEN THE CITY AND PENINSULA LANDSCAPING FOR LANDSCAPE MAINTENANCE OF THE CITY ADMINISTRATION FACILITY AND TENNIS COURT AREA. City Manager Nealis reported that the Agreement for Landscape Maintenance has been revised to include requirements for quarterly reports by the Contractor, the provision of pest control services, and a stipulation that the Contractor and the City will adjust the monthly compensation as needed after the new landscape plan is finalized. The contract is to begin on June 1, 1992 and can be terminated at any time. Councilmember Leeuwenburgh moved adoption of Resolution No. 677 approving the Agreement. Mayor Pro Tem Murdock seconded and the motion passed without objection. C. RESOLUTION NO. 678: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS SUPPORTING THE LOS ANGELES COUNTY SOLID WASTE MANAGEMENT ACTION PLAN. Mayor Pro Tem Murdock moved adoption of Resolution No. 678, Councilmember Leeuwenburgh.seconded and the motion passed without objection. D. RESOLUTION NO. 679: CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION ACTION REAPPROVING A VARIANCE FOR THE ENCROACHMENT OF A RETAINING WALL INTO THE SIDE YARD SETBACK, REAPPROVING A CONDITIONAL USE PERMIT FOR THE RECONSTRUCTION OF A PREVIOUSLY CONSTRUCTED CLAY SPORTS COURT, AND REPEALING RESOLUTION NO. 91-27. ZONING CASE NO. 461. OWNER: DR. AND MRS. MOHAN W. BHASKER. ADDRESS: 42 PORTUGUESE BEND ROAD (LOT 120-RH). Councilmember Pernell moved approval of Resolution No. 677, Mayor Pro Tem Murdock seconded, and the motion passed 3-1 with Councilmember Leeuwenburgh objecting. NEW BUSINESS A. CORRESPONDENCE FROM THE CITY OF RANCHO PALOS VERDES REGARDING PENINSULA -WIDE PARK AND RECREATION SYSTEM. City Manager Nealis reported that the Peninsula cities have been requested by the Mayor of Rancho Palos Verdes to designate a representative to attend a meeting to explore the concept of a Peninsula -wide park and recreation system operated by a single agency. In discussions with the City Manager of Rancho Palos Verdes it was disclosed that the ultimate goal would be to have a 4 Rolling Hills City Council Meeting - 5/26/92 self -funding park district, similar to a lighting district. The financial impact has not been measured at this time. Councilmember Leeuwenburgh stated she had received a fax from Bill Ailor indicating that money will be requested to conduct a poll of Peninsula residents to ascertain what they want in the area of open space and recreation. She noted that the cities of Rolling Hills and Palos Verdes Estates have no public parks and questioned whether their residents really used the parks, particularly in view of the shared trail system enjoyed by Rolling Hills residents. Councilmember Pernell suggested that staff might devise a means of utilizing grants to the City which are not otherwise being used. He was not in favor of creating an additional tax burden. Councilmembers agreed that the City would attend the first meeting to listen and then decide whether to participate further. Councilmember Leeuwenburgh agreed to serve as the liaison from Rolling Hills and will report back to the City Council. OPEN AGENDA No one present wished to speak on the open agenda. MATTERS FROM MEMBERS OF THE CITY COUNCIL Mayor Pro Tem Murdock announced that the Sanitation District will host their annual tour on June 3 beginning at 8:00 a.m. and lasting most of the day. She will not be able to attend, but City Y Manager Nealis indicated he will participate if possible after a morning meeting. An ocean inspection tour is also scheduled for May 30, June 13 and June 20, and the public is invited. MATTERS FROM STAFF City Manager Nealis reported it is anticipated that the hardscape, landscape and grading plans in bidding form will be available for review at the June 8 City Council meeting. Councilmember Pernell asked about correspondence from the City of Rancho Palos Verdes concerning earth export from the landslide area. City Manager Nealis advised that Rancho Palos Verdes has reached an agreement with the City of Los Angeles Sanitation Department to use 100,000 cubic yards of bentonite clay to seal one of their landfills. Councilmember Pernell expressed his concern that this could undermine the support of properties in Rolling Hills. He suggested obtaining a professional opinion, possible indemnification against potential damage, and if necessary putting the City of Rancho Palos Verdes on notice regarding these concerns. 5 Rolling Hills City Council Meeting - 5/26/92 City Manager Nealis suggested that the City Council direct Staff to notify Rancho Palos Verdes of these concerns and ask them not to commence the project until reports from the County or an outside consultant firm have been received and evaluated. Principal Planner Ungar advised that Dr. Perry Ehlig has said this -method of grading and removing the material has slowed the landslide. Mayor Swanson voiced her desire to see an opinion other than that of Dr. Ehlig; other Councilmembers felt he is the person who is most knowledgeable about this area and best equipped to evaluate the matter. Names of other geologists who might be able to perform the study were given to the City Manager. Councilmembers agreed to place this item on the agenda for the next Council meeting and authorized Staff to write to the City of Rancho Palos Verdes expressing the concerns and requesting that the project be put on hold until the impact on Rolling Hills can be evaluated. As a first step in this evaluation, the comments of their experts will be requested on the effect of this earth removal on the Flying Triangle area. In addition, Staff is to investigate the possible use of another geologist to advise the City. Finally, the City Manager was asked to look into the large painted X's that have appeared on some of the City streets. MATTERS FROM THE CITY ATTORNEY None. CLOSED SESSION There was no need for a closed session. ADJOURNMENT The meeting was adjourned at 8:44 p.m. to Monday, June 8, 1992 at 7:30 p.m. APPROVED: Mayor 0 Minutes Setr tary