Loading...
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. 318 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 -2- 319 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. -3- 320 JUiv 281. ?5flc 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 -4- 321 July 28, 1986 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 -5- 322 July 28, 1986 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 -6-