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7/14/1986312 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA July 14, 1986 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 Pernell at 7:30 p.m. Monday, July 14, 1986. ROLL CALL PRESENT: Councilmembers Heinsheimer, Leeuwenburgh, Murdock, Swanson, Mayor Pernell ABSENT: ALSO PRESENT: APPROVAL OF MINUTES None Terrence L. Belanger June Cunningham Chief Ray Brunstrom Sgt. D. Coniglio Anne La Jeunesse Larry Welsh Douglas McHattie Cliff Bundy Mrs. Virginia Doak Mr. and Mrs. Paul Lupo Lowell Lusk Roger Sommer Miss Becky Raine Mrs. Betsy Raine Councilwoman Murdock asked i June 23, 1986 be amended on page Women's Community Club discussed stating that the Women's Club has in the minutes. The minutes as on a motion made by Councilwoman Swanson and carried unanimously. PAYMENT OF BILLS City Manager Deputy City Clerk L. A. County Fire Dept. L. A. County Sheriff Palos Verdes News South Bay Daily Breeze South Bay Engineering Residents :hat the minutes of a meeting on 3 to state that the Rolling Hills a proposal to offer a cash reward, not offered the reward, as stated amended were approved and accepted Murdock, seconded by Councilwoman Councilwoman Swanson moved that Demands No. 1446 through 1494 in the amount of $29,496.83 be approved for payment from the General Fund, that Demands No. 1446, 1462 and 1463 in the amount of $1,983.18 be approved for payment from the Municipal Self -Insurance Fund, and that Demand No. 1493 be voided. The motion was seconded by Councilwoman Murdock and carried unanimously. PUBLIC HEARING, ZONING CASE NO. 323, MR. AND MRS. PAUL LUPO, C.U.P. Mayor Pernell opened a public hearing on a request by Mr. and Mrs. Paul Lupo, 4 Georgeff Road, for a Conditional Use Permit for construction of a tennis court on Lot 192E -1 -MS. The City Manager displayed the plot plan and explained that the request was approved by the Planning Commission on May 20, 1986, subject to conditions of approval set forth by the Commission. The Planning Commission's action was reported to the City Council at a regular Council meeting on June 9, 1986, and the Council voted to take jurisdiction in the matter and to conduct a hearing de novo on the application. Mr. Belanger said the hearing was duly noticed as required by law, and that a revised plan, incorporating recommendations by the Planning Commission, was submitted by the applicant. The Manager defined the location of existing structures on the property, including the residence and a stable/garage and a swimming pool. He said, further, there is an existing Association trail easement from Crest Road to Georgeff Canyon, and an additional trail easement on the Lupo property, required by the Planning Commission as a condition of approval, has been offered to and accepted by the Rolling Hills Community Association. 313 July 14, 1986 Mr. Belanger said the proposed court will be sunken by cutting into the existing 3:1 to 4:1 slope, so the finished court will have berms on three sides and a four foot fence line exposure on the fourth side; he said the inside retaining structure would be four feet high. A cross section of the proposed court was displayed, showing plans for sub-terranean drainage on the reconstructed slope, which would be terraced to cut down some of the slope impact. The Manager said the footprint of the proposed court is 7200 square feet, the footprint of the existing house is 3220 square feet; lot coverage by structures would be 15.2%, and total coverage would be 27.78%. Mayor Pernell asked the Manager to summarize the sequence of the application for a Conditional Use Permit. Mr. Belanger said the application was submitted by the Lupos in November 1985 for a Conditional Use Permit for construction of a tennis court in approximately the location shown. The court was proposed to be built on grade, and would have encroached into the trail on the property. The Planning Commission objected to the proposed eight (� foot high projection shown on the plan, as well as the encroachment Lo into the trail easement which had been established by use. Another concern of the Commission was the impact on drainage in the area. The application was denied by the Planning Commission on December LLL 17, 1985. The denial was appealed by the applicant, and was heard' CO by the City Council on February 10, 1986. A revised plan was Q submitted, designed to eliminate the major objections of the Planning Commission, and the revised plan was remanded to the Planning Commission for review and recommendation. A new hearing was held by the Planning Commission on May 20, 1986, and the request was approved as shown on the revised plan, subject to requirements of the Municipal Code, Standard Conditions of Approval for Tennis Courts adopted by the Planning Commission on March 18, 1980, and subject, further, to additional conditions pertaining to drainage and trail - dedication specified by the Planning Commission. When the recommendation for approval was submitted to the City Council on June 9, 1986, the Council voted to take jurisdiction in the matter, as provided by the Municipal Code. Mr. Roger Sommer, 8 Georgeff Road, advised the Council that he has resided in the community for six years, explaining that the proposed tennis court would be approximately 30 feet from his property. Mr. Sommer said he did not object to construction of the large barn on the Lupo property, but he has been ambivalent about the proposal to build a tennis court, because of the noise that will be generated. Mr. Sommer said he now hears sounds which come across the canyon from an existing tennis court on Crest Road, which is further from his residence than the new court would be. Mr. Sommer said he wished to state his objection to the proposed court because of the adverse impact it would have on his enjoyment of his property, and further he said he considers a tennis court urban, and feels the rural nature of the canyon would be disturbed by the construction. Mayor Pernell asked Commissioner Bundy, who was present, whether the Planning Commission considered noise. Commissioner Bundy said it was discussed but it did not appear that noise from the canyon would be a major concern. The City Manager distributed copies of a letter from Mr. and Mrs. Fred Fuld, 6 Georgeff Road, objecting to the request for a tennis court. Mr. Fuld said their primary objection relates to noise, and stated that merely planting shrubs will have a minimal effect on noise reduction. He asked that an environmental impact study be made to show what means, if any, are available to eliminate the noise impact. Mayor Pernell directed that the letter be received for the file. Mr. Lupo advised the Council that the noise factor has been addressed, stating that the court will be sunken and landscaped to alleviate the problem. He said the court referred to by Mr. Sommer has not been properly screened. Mr. Lupo said that when his barn was built an access road was developed and an additional drainage system was added to an existing system. During the past winter there was considerable erosion, which will be corrected by extension of the pipe underground for an additional hundred feet to eliminate future problems. -2- 314 July 14, 1986 In discussing the matter Councilman Heinsheimer suggested that it might be appropriate to review the City's policy relative to tennis courts. However, with regard to the request before the City Council, Councilman Heinsheimer said it appears the applicants have made an effort to address all current requirements and restrictions in their attempt to obtain a Conditional Use Permit for a tennis court. Mayor Pernell said he doesn't think the issue of noise has been resolved. Councilwoman Swanson said the proposed court would occupy a large area in the canyon, and 7000+ square feet of concrete will impact wild life in the canyon. Councilwoman Swanson said she considers construction of a tennis court in the proposed location environmentally incompatible, and precedent setting. She suggested that an environmental impact study be required. Councilwoman Murdock said she concurs with Councilwoman Swanson's statements, and she noted that the plan shows an area 67 feet high that would be disturbed from top to bottom to develop a pad for the court, with a 10 foot cut and 10 foot fill. She asked Mr. McHattie whether there would be a change in the disturbed area with the new plan. Mr. McHattie said the figures would be substantially the same. Mayor Pernell said he has not visited the site, and wishes to schedule a field trip. The engineer was requested to stake the property to define the boundaries of the proposed tennis court, the extent of the slope area that would be disturbed, and the location of the proposed improved drainage structure. Councilwoman Leeuwenburgh suggested that a ball machine could be taken to the area to assist the Council in determining the impact of noise from the court on the surrounding area. The Mayor said it is the applicants' responsibility to demonstrate the amount of noise that could result and what measures will be taken to abate the noise. Mayor Pernell continued the hearing until the next regular Council meeting on July 28, 1986, and said a field trip would be scheduled later in the meeting. PUBLIC HEARING, ORDINANCE NO. 214 Mayor Pernell opened a public hearing to consider adoption of an ordinance which was introduced on June 23, 1986, and he welcomed Assistant Fire Chief Ray Brunstrom who was present. The City Manager explained that the County of Los Angeles has recently adopted a 1986 Uniform Fire Code, and in order for the City of Rolling Hills to update the City's codes to conform with the County's code it is necessary to adopt the Los Angeles Uniform Fire Code by reference. There was no comment by persons present, and the Mayor closed the public hearing. ORDINANCE NO. 214 Councilwoman Swanson moved that Ordinance No. 214 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION 50022.2, THE LOS ANGELES COUNTY CODE, TITLE 32, FIRE CODE, AND AMENDING THE ROLLING HILLS MUNICIPAL CODE, which was introduced on June 23, be adopted and that reading in full be waived. The motion was seconded by Councilwoman Murdock and carried unanimously. STATUS OF FLYING TRIANGLE The City Manager reported that the drilling at the intersection of Portuguese Bend Road and Wrangler Road is progressing. He said that the Flying Triangle area was toured on three successive days following the recent, earthquakes in the Southland and no visual damage that could be attributed to the earthquakes was noted, neither were there any reports of earthquake damage from any homeowners in the area. PLANNING COMMISSION ACTON, JUNE 17, 1986 Zoninq Case No. 327, Dr. Huqo Caesar, 2 Pheasant Lane The Manager reported that at a regular meeting on June 17, 1986 the Planning Commission approved a request for a Conditional Use Permit for construction of a tennis court on Lot 89-RH for Dr. nd Mrs. Hugo Caesar, 2 Pheasant Lane. -3- July 14, 1986 315 Mr. Belanger displayed the plot plan and recommended that the matter be continued, explaining that the plan was revised to reflect the Planning Commission's recommendations, and as a result the retaining walls exceed the maximum four feet in height which is permitted. Further, Mr. Belanger recommended that the. City Council visit the site, which is on a promontory on Pheasant Lane looking north toward the bay and. the City of Los Angeles. Councilwoman Swanson moved that the Council take jurisdiction of Zoning Case No. 327, and that the Manager's recommendation be accepted relative to review of the revised plan and a field trip to the site. The motion was seconded by Councilwoman Murdock and was carried unanimously. Mayor Pernell said a public hearing on the matter will be held at a regular meeting of the City Council on August 25, 1986. Zoning Case No. 328, Tom Jancovich, 35 Saddleback Road The City Manager reported that at a regular meeting on June 17, 1986 the Planning Commission approved a request for a Variance to permit encroachment of a residence into the required front yard (� setback on Lot 49-RH requested by Mr.- Tom Jancovich owner of property LO located at 35 Saddleback Road. The plot plan was displayed and 0) Mr. Belanger defined the location of the existing residence and the footprint of a proposed new residence to be built on the property. LL m He explained that it is the applicant's wish to retain an existing swimming pool on the property, and to maintain privacy he has proposed Q removal of an existing wall and construction of a wing on the house which would shield the pool area from view. The Manager said the Planning Commission approved a request for a Variance to permit an encroachment of 26 feet into the required front setback for construction which would screen the pool area. Councilwoman Swanson moved that the City Council take jurisdiction of the matter. The motion was seconded by Councilwoman Murdock and carried unanimously. Mayor Pernell. set a public hearing on the matter for the regular City Council meeting on August 11, 1986, and he said a field trip to the site would be scheduled later in the meeting. MATTERS FROM THE CITY COUNCIL DEDICATION CEREMONIES, LOMITA MANOR Councilwoman Leeuwenburgh said she attended dedication ceremonies at Lomita Manor on Saturday, July 12. She said the facility was dedicated by Supervisor Deane Dana, and is the project for which the City of Rolling Hills has allocated Community Development funds. BICYCLE JUDGING CONTEST, PALOS VERDES ESTATES Mayor Pernell reported that he participated in judging decorated bicycles at the Fourth of July celebration at Palos Verdes Estates. REQUEST FOR PERSONNEL SESSION Councilwoman Swanson requested a personnel session. Mayor Pernell said the meeting would be recessed to a personnel session at the conclusion of regular Council business. MATTERS FROM CITY STAFF REQUEST FOR CLOSED SESSION The City Attorney requested that the meeting be recessed to a closed session to discuss pending litigation. Mayor Pernell so ordered. RECESS TO CLOSED SESSION The meeting was recessed to a closed session at 8:45 p.m. to discuss pending litigation and personnel matters. -4- 316 July 14, 1986 MEETING RECONVENED The meeting was reconvened at 11:20 p.m. FIELD TRIP TO LUPO RESIDENCE Mayor Pernell said a field trip to the Lupo residence at 4 Georgeff Road would be held on Wednesday, July 16, 1986 at 6:30 p.m. MEETING ADJOURNED The meeting was adjourned at 11:25 p.m. APPROVED: Mayor -5- i&, City Cler