7/28/1986MINUTES OF A 317
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
July 28, 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 28, 1986.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
APPROVAL OF MINUTES
Councilmembers Heinsheimer, Leeuwenburgh,
Murdock, Swanson, Mayor Pernell
None
Terrence L. Belanger
Michael Jenkins
June Cunningham
Leah Jeffries
Capt. Elmer Omohundro
Robert Brown
Kevin Peterson
Anne La Jenuesse
Douglas McHattie
Ms. Marit Braemer
Fred Fuld
Caesar Inducil
Paul Lupo
Capt. Roy Melbye
Mrs. Catherine Partridge
Mrs. Betsy Raine
Mr. & Mrs. D. Reddy
Roger Sommer
City Manager
City Attorney
Deputy City Clerk
Los Angeles County
L.A. County Sheriff
So. Calif. Edison
General Telephone
Peninsula News
South Bay Engineering
Residents
The minutes of a meeting on July 14, 1986 were approved and
accepted as presented on a motion made by Councilman Heinsheimer,
seconded by Councilwoman Murdock and carried unanimously.
FINANCIAL STATEMENT
The Financial Statement for June 1986 was held for
consideration at the next regular meeting on the recommendation
of the City Treasurer.
PAYMENT OF BILLS
Demands No. 1495 through 1512 and 1514 through 1520 in the
amount of $25,138.81 were approved for payment from the General
Fund; Demands No. 1507 and 1519 in the amount of $2,913.99 were
approved for payment from the municipal Self Insurance Fund, and
Demand No. 1513 was voided, on a motion made by Councilwoman
Leeuwenburgh, seconded by Councilwoman Murdock and carried
unanimously.
PUBLIC HEARING, ZONING CASE NO. 323, LUPO - C.U.P., TENNIS COURT
Mayor Pernell opened a public hearing on an application by
Mr. and Mrs. Paul Lupo for a Conditional Use Permit for a tennis
Court on their property, Lot 192B -1 -MS, located at 4 Georgeff
Road. The Mayor said the hearing was continued from the previous
meeting to give members of the Council an opportunity to make
a field trip to the site.
The City Manager displayed the plot plan and section for
the proposed court, and stated that the options available to the
City Council were outlined in his staff report. In a, letter to
the Council dated July 23, 1986 Mr. Lupo requested that the hearing
be continued to the next regular Council meeting to give him an
opportunity to demonstrate the amount of noise that could result
from construction of a tennis court, and what measures would be
taken to abate the noise.
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July 28, 1986
Councilman Heinsheimer suggested that the hearing be continued
as requested by the applicant. Councilwoman Murdock said that
although noise has been considered, it is not the overriding issue,
and the applicant's request for additional time to address noise
and possible mitigation measures will not address other objections.
She suggested that the applicant not spend time and money
investigating one issue when there are others. Councilwoman Swanson
said she agrees that the applicant should understand that if he
does expend a large amount of money on determining the level of
sound and ways to abate it, that does not imply that the City
Council will disregard other objections and approve the court.
Councilwoman Leeuwenburgh said she agrees. Councilman Heinsheimer
said that since noise was discussed, and the applicant has offered
to address the issue, he should be given an opportunity to provide
information if he wishes to do so, with the understanding that
it may not affect the decision.
Mrs. Catherine Partridge, 69 Portuguese Bend Road, said she
wished to speak on behalf of the Lupos, and on behalf of tennis
as a family recreation. Mrs. Partridge said tennis is a beneficial
at-home recreation and sport that requires physical fitness, and
because lighted courts are prohibited, use is limited to daytime
hours. She described a tennis court on private property as an
opportunity for the family to recreate and entertain at home,
and she said that a tennis court in the Flying Triangle area which
was controversial when approved and built has not generated any
complaints since it was completed. Mr. Caesar Inducil, 4 Ranchero
Road, said he agrees that tennis is a beneficial activity.
Mr. Douglas McHattie of South Bay Engineering, said he and
Mr. Lupo have reviewed a sound study provided by Mr. Howard Slusher
when he applied for permission to build a tennis court at 2 Wrangler
Road and he also took some decibel readings at the tennis courts
on the Delpit property at 45 Saddleback Road, and at the City
courts, using an acoustical meter. Mr. McHattie said it was
determined that there was little impact from a tennis ball 75
feet away, and the ambient noise on Saddleback Road was considerably
higher on the A -weighted scale used by OSHA, with more noise
generated by a lawn sprinkler.
Councilman Heinsheimer said that when the Council viewed
the Lupo property there was concern about a structure that was
built without a permit, since approval of a tennis court is always
made subject to conditions, with an expectation that all
requirements will be met by the applicant. Mr. McHattie- said
when a stable was completed on the property South Bay Engineering
was asked by the Rolling Hills Community Association to prepare
an as -built drawing for the structure, which was then accepted
by the Architectural Committee of the Association.
Mr. Roger Sommer, 8 Georgeff Road, said he testified at the
last meeting, and expressed his concerns about potential noise
from the proposed court. Mr. Sommer said he wished to address
environmental concerns, stating that red tailed hawks inhabit
the canyon, flying between his property and the Lupo property
and he said he is concerned that construction of a tennis court
could disrupt the habitat of birds and other wild life.
Mr. Lupo said he wished to address possible dislocation of
wild life, and he displayed pictures of construction at 38 Crest
Road East, where a pad and access road are being graded for a
stable. Mr. Lupo said an area approximately 80 x 100 feet has
been graded, cut and filled, in addition to a road, and he asked
that such projects receive as much review as tennis courts.
Further, he said a tenis court on the same property is highly
visible. With regard to a tennis court on his property, Mr. Lupo
said he has observed approximately eight horseback riders on the
trail during a weekend, and estimates that in the course of a
week there may be fifteen riders, perhaps the same people,
traversing the area, and he questioned whether a four foot high
tennis court fence, completely screened and landscaped, would
be unsightly to a limited group. Mr. Lupo said he reviewed evidence
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July 28, 1986
presented by Howard Slusher in 1976, and he found that most of
it is still applicable. Mr. Pat Reddy, 68 Portuguese Bend Road,
said there are red tailed hawks in the Flying Triangle, and it
is his understanding that they were not disturbed by construction
of the Slusher tennis court.
In summary, Mr. Lupo said he has spent several months before
the Planning Commission and City Council, and the plan has been
approved by the Planning Commission. Mr. Lupo said he would be
willing to wait 13 additional days if additional information in
support of the application will be accepted by the Council. Mr.
Lupo said that he feels the Council has not demonstrated that
there is a hard and fast reason to deny the court, if it does
so, and he has been advised that based on past precedent and court
law, the Council would be in error to deny the court. Mayor Pernell
said the City Council will consult with the City Attorney in the
matter. The Mayor thereafter closed the public hearing, and invited
discussion by members of the City Council.
Councilman Heinsheimer said it appears that the City's
enforcement of the zoning requirements may be tested in a court
of law, and. he noted that a major problem is construction of
LL structures without the necessary permits, which are then made
acceptable by submittal of as -built plans. Further, he said there
is a trend away from private courts because of increasing resistance
from the City Council to construction in canyons, based on increased
concern about drainage. Further, Councilman Heinsheimer said
it appears that there are sufficient tennis courts, both on private
properties and City -owned, to meet the needs of the residents.
Councilman Heinsheimer said the Lupo application should be rejected,
and a moratorium on tennis courts should be imposed to give the
Council an opportunity to review the over-all question of tennis
courts.
Councilwoman Swanson said this application has been judged
on its own merit, as all courts submitted are judged, and the
court on the Lupo property is in an area that is considered to
be a canyon, and is considered by neighbors who have objected
to it to be incompatible with the character of the City.
Councilwoman Murdock said an area 65 high from top to bottom would
be disturbed for construction of a court in the proposed location
and she does not consider the site appropriate for a tennis court
because of the way drainage would be altered. Councilwoman Murdock
said the conditions of approval for tennis courts are merely
guidelines and contain minimum conditions which would have to
be met, but do not address all considerations. In addition to
alteration of drainage patterns, Councilwoman Murdock said the
toe of the slope would encroach nearly to the canyon, and the
entire area, including the bridle trail, would be raised
approximately four feet to accommodate the grading. She said
this would surely disturb the ecological balance in the area.
Councilwoman Leeuwenburgh said she agrees, stating that the canyon
sides create a natural amphitheater, and construction of a tennis
court would permanently affect the environmental quality of the
area and would adversely affect 12 to 14 properties in the area.
Mayor Pernell asked the City Attorney to comment on the manner
in which the hearing has been conducted. Mr. Jenkins said the
City Council has followed procedures as set forth in the Municipal
Code, has conducted an extensive public hearing, giving all
concerned an opportunity to present factual evidence, and the
concerns of the Council with regard to physical conditions and
peculiarities at the site have been expressed. As stated, the
application for a Conditional Use Permit has been judged on its
own merits. Mr. Jenkins explained that unlike matters of law,
conditional use permits and variances do not serve as precedents
for each other, but are individual applications which must be
based on the individual circumstances and facts which are presented
to the Council.
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In summary Mayor Pernell said he does not agree with Mr.
Lupo's statement that the approval is a question between horse
lovers and tennis players, explaining that the Council did not
have a preconceived idea before the trip to the site, but a visit
to the property did emphasize the potential problems. The Mayor
said an attempt has been made to define a canyon, but to date
a satisfactory definition has not been developed. The Mayor said
that in his opinion it would be a travesty to put nearly 8,000
square feet of impermeable surface on the hillside: With the
consent of the Council Mayor Pernell asked the City Attorney to
prepare a resolution denying the application, setting forth the
findings on which the decision was based, for adoption at the
next meeting.
MELBYE PROPERTY, 4 WRANGLER ROAD 176/2
In a letter dated July 16, 1986 Mr. Ronald Beck advised the
City that his firm represents Mr. Roy Melbye with respect to a
letter dated July 2, 1986 from the County of Los Angeles Department
of Public Works regarding demolition of an unsafe building on
Mr. Melbye's property at #4 Wrangler Road. On behalf of Mr: Melbye,
Mr. Beck requested a public hearing on the directive from the
County regarding demolition of the unsafe building within 30 days
of the date of the letter, including removal of all foundation,
slabs, debris, and the proper filling of the seepage pit and capping
of the septic tank. Mr. Melbye informed the Council that he did
not authorize the letter from Mr. Beck. Further, Mr: Melbye
submitted a letter dated July 24, 1986 from David w. Rudy, advising
that his office represents Mr. Howard Slusher of #2 Wrangler Road,
stating that the recently abandoned Melbye property poses a grave
threat to the safety of Mr. Slusher's family and property. -
With the concurrence of members of the Council Mayor Pernell
referred the matter to the City Manager for resolution with Mr.
Melbye, since Mr. Melbye has indicated that he does not wish to
request a hearing on the County's order to abate the unsafe building
on his property. The City Attorney said he would respond to the
correspondence from the attorneys.
STATUS OF FLYING TRIANGLE
The City Manager reported that the Council was previously
advised of the discovery of the existence of a more extensive
area of land sliding in the eastern portion of the Flying Triangle,
extending southward down Klondike Canyon to the Livingston Quarry.
As a result of that discovery, Mr. Arthur Keene was asked .to do
a further study and prepare a report on his analysis of the
situation. Mr. Keene has submitted a report which has been
distributed to the City Council, and Mr. Belanger suggested that
Mr. Keene be asked to attend a meeting in the near future to address
the City Council and residents on the report.
Mr. Belanger said he has been pursuing with Congressman
Lungren's office the inclusion of language in HR6, a House Bill
entitled the Omnibus Water Resource Bill, wherein funding for
Corps of Engineer projects in Fiscal 1987 is determined: The
Manager said currently language in the Bill allows for a study
of landslide activities in the Portuguese Bend area, and Congressman
Lungren has been asked to act on behalf of the City of Rolling
Hills to attempt to include language which would include the Flying
Triangle in the same study area. Congressman Lungren has agreed
to do it, and is attempting to have the language included in
the Bill. Mr. Belanger said he has recently been in contact with
Senator Wilson's office and has asked Senator Wilson to intercede
on the City's behalf to get the language included in the Senate
version of the Water Resources Bill.
The Manager said he has been in contact with representatives
of the State Office of Emergency Service and the Federal
Government's Federal Emergency Management Administration and has
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asked both agencies to pursue on the City's behalf programs which
might be applicable to the situation in the landslide. Mr. Belanger
said he expects to hear by mid-August whether there are any
programs available to Rolling Hills.
Mrs. Catherine Partridge said she wished to express her
objections to having geologists and other people enter Flying
Triangle properties without prior notification or permission from
the owners. Mrs. Partridge said she has not refused to allow
City representatives on her property for the purpose of
investigating the landslide damage, but she reported that people
are entering and structures are being installed on private property
without permission. Recently, Mrs. Partridge said, she was informed
that the person who was on her property was told that the homes
in the Flying Triangle have been abandoned, and she said monuments
have been installed on her property without her permission. In
addition to her wish for privacy, Mrs. Partridge said she is
concerned about liability. Mrs. Betsy Raine, 71 Portuguese Bend
Road, said markers were placed on her property without giving
notice or obtaining her permission. Mr. Reddy advised the Council
that an appraiser was on his property at 68 Portuguese Bend Road
CD without permission, and last weekend two geologists inspected
LL the property.
m The Manager was directed to advise the County in writing
Q that property owners are to be notified in advance whenever County
personnel wish to visit or inspect private properties. Mr. Belanger
explained that all geologists and contractors have been provided
with letters of introduction authorizing them to enter with the
permission of the property owner, and he agreed that County
personnel should have the same requirements. Councilwoman Swanson
suggested that the Community Association Manager be advised of
the residents' complaints, and an effort be made to establish
similar requirements for admittance of appraisers and realtors
to the Flying Triangle area. Councilman Heinsheimer suggested
that residents who consider that unauthorized persons are
trespassing on their property should call the Sheriff. Captain
Omohundro said the Sheriff will respond at any hour, day or night.
He said the Sheriff will check the credentials of any person when
called.
Mayor Pernell said Art Keene, the City's consulting geologist
will be asked to be present at the August 11, 1986 meeting to
discuss his report on his analysis of the current situation in
the Flying Triangle. The Manager said copies of the report will
be provided to Flying Triangle residents before the meeting.
RECOMMENDATION - MORATORIUM ON TENNIS COURTS 711
A letter dated July 18, 1986 from Allan Roberts,. Chairman
of the Planning Commission, recommending on behalf of the Planning
Commission that the City Council consider implementing a moratorium
on construction of tennis courts was presented to the Council.
Mr. Roberts advised that over the past several months it
has become increasingly clear that there is a need to evaluate
current policies upon which decisions are based regarding
construction of private tennis courts. The Planning Commission
has concluded that creating a greater clarity of the purpose and
scope of the policies relating to tennis courts needs to be taken,
and recommends that the City Council consider a moratorium period
to provide time for the Council, Planning Commission and community
members to discuss the issue. Further, the Planning Commission
requested that a joint meeting of the City Council and Planning
Commission be scheduled for the purpose of discussing tennis courts
and other issues of mutual concern and interest.
The City Attorney explained that the proposed ordinance as
prepared would exempt only the courts which have been approved
and for which permits have been obtained, and would be applicable
to the tennis courts for which applications have been filed and
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accepted by the City, but which have not been given final
consideration. Mr. Jenkins explained that the initial urgency
ordinance would be effective for 45 days, at which time a public
hearing is mandatory for the purpose of providing public input.
URGENCY ORDINANCE NO. U-50
Councilwoman Murdock moved that an urgency ordinance No. U-50
entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING
A MORATORIUM ON THE ESTABLISHMENT, CONSTRUCTION OR INSTALLATION
OF TENNIS COURTS AND DECLARING THE URGENCY THEREOF be adopted.
The motion was seconded by Councilwoman Leeuwenburgh and carried
by the following roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock,
Swanson, Mayor Pernell
NOES: None
ABSENT: None
Mayor Pernell set a public hearing on the ugency for the
regular City Council meeting on September 8, 1986.
The Manager was requested to advise the Planning Commission
of the City Council's action, and to coordinate with members of
both the City Council and Planning Commission and set a date for
a joint meeting in August. Mr. Belanger was also asked to respond
to a letter dated July 11, 1986 from Mr. David McKinnie, 3 E1
Concho Lane, expressing his concern about the increasing number
of applications for permits for tennis courts.
CLAIM AGAINST CITY
A letter dated July 17, 1986 from Lillian Modzeleski, 20
Buggy Whip Drive, requesting payment of $427.78 for repair of
her car which she claimed was damaged by an overhanging tree branch
was presented to the City Council.
On the recommendation of the City Manager, the claim was
rejected by the City Council, and the matter was referred to the
staff. A motion to deny the claim was made by Councilwoman
Leeuwenburgh, seconded by Councilman Heinsheimer and carried
unanimously.
APPOINTMENT TO ENVIRONMENTAL QUALITY BOARD
Councilwoman Murdock, Chairman of the Environmental Quality
Board, reported that she had met with the City Manager and
Councilwoman Leeuwenburgh to interview three residents who had
expressed an interest in serving on the City's Environmental Quality
Board. Councilwoman Murdock said that all candidates were well
qualified for the appointment, and she recommended that Mr. John
Welbourn, 25 Portuguese Bend Road, be appointed to the Environmental
Quaility Board. The recommendation was seconded by Councilman
Heinsheimer and approved by the unanimous vote of.the Council.
Mayor Pernell thanked the sub -committee for their effort
in finding the appropriate appointee, and asked that a letter
be sent to Mr. Welbourn advising him of his appointment, and to
Mr. Mark Friedman, 11 Flying Mane Road and Mr. Dale Weber, 6 Open
Brand Road, thanking them for their interest.
ADJOURNMENT
The meeting was adjourned at Z
.m.
APPROVED;
City Clerk
(/
Mayor
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