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5/11/1992MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA May 11, 1992 A regular meeting of the City Council of the City of Rolling Hills was called to -order by Mayor. Swanson at 7:35 p.m. on Monday, May 11, 1992 in the City Council Chambers at the City Hall/ Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: CONSENT CALENDAR Councilmembers Heinsheimer, Leeuwenburgh, Pernell,.Mayor Pro Tem Murdock, Mayor Swanson None Craig Nealis L. D. Courtright Michael Jenkins Lola Ungar Lucile Rogers City Manager City Treasurer City Attorney Principal Planner Minutes Secretary Councilmember Murdock moved approval of the Consent Calendar, Councilmember Pernell seconded and the motion passed without objection. a. Minutes - Regular Meeting of April 13, 1992. (Approved as presented) b. Minutes - Adjourned Regular Meets -n-- of April 18, 1992. (Approved as presented) C. Minutes - Adjourned Regular 24er ,''-ing of April 21, 1992. (Approved as presented) d. Payment of Bills - Demands Number 6359 through 6401 dated April 27, 1992 in the amount of $91,847.17, and Demands Number 6402 through 6439 dated May 11, 1992 in the amount of $17,216.22, were approved for payment from the General Fund. e. Financial Report for the month of March. (Approved as presented) 1 Rolling Hills City Council Meeting - 5/11/92 f. Notice of Completion for Citywide Restriping Project. (Received and filed) g. Correspondence and memorandum to Traffic Commission regarding consideration of placement of warning signs and street markings. (Received and filed) h. Correspondence from Dimension Cable Services regarding addition of new services. (Received and filed) i. Correspondence from State Senator David Roberti regarding AB 3214. (Received and filed) j. Correspondence from the City of Rancho Palos Verdes regarding Peninsula -wide park and recreation system. (At the request of the Mayor, this item will be placed on the agenda for discussion at the next City Council meeting.) INSTALLATION AND OATH OF OFFICE OF NEWLY ELECTED OFFICIAL The City Clerk administered the oath of office to Thomas Heinsheimer, who was re-elected to the City Council on April 14, 1992. Councilmember Heinsheimer expressed his pleasure at again having the opportunity to serve on the City Council. PLANNING COMMISSION ITEMS A. RESOLUTION NO. 92-13: A RESOLUTION OF THE PLANNING COMMISSION AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT IN ZONING CASE NO. 469. ADDRESS: 13 AND 17 SOUTHFIELD DRIVE (LOTS 10 -SF, 11 -A -SF, 11- B -SF, AND 12 -SF). OWNER: DR. AND MRS. ALFRED C. MARRONE. 4 B. RESOL610N NO. 92-18: A RESOLUTION OF THE PLANNING COMMISSION GRANTING A VARIANCE TO PERMIT AN ENCROACHMENT INTO THE FRONT YARD TO CONSTRUCT A STABLE AND CORRAL, GRANTING A VARIANCE TO PERMIT AN ENCROACHMENT INTO THE SIDE YARD TO CONSTRUCT RETAINING WALLS, AND GRANTING SITE PLAN REVIEW APPROVAL IN ZONING CASE NO. 470. ADDRESS: 17 SOUTHFIELD DRIVE (A PORTION OF LOTS 10 -SF, 11 -A- SF, 11 -B -SF, AND 12 -SF). OWNER: DR. AND MRS. ALFRED C. MARRONE. Principal Planner Ungar presented the staff reports, pointing out on the plans the requested new lot lines and relocation of the M Rolling Hills City Council Meeting - 5/11/92 ON existing stable. She stated that the purpose of the realignment of Lot 1 requested in Zoning Case No. 469 was to allow construction of a house on the most favorable location of Lot 2, as requested in Zoning Case No. 470. Six letters were received from surrounding neighbors indicating their approval of the proposed construction. Mayor Pro Tem Murdock noted that in Section 1 of Resolution No. 92- 18 the street name should be corrected from Appaloosa Lane to Southfield Drive. Resolutions No. 92-13 and 92-18 (as amended) were. accepted by the City Council without objection. C. RESOLUTION NO. 92-17: A RESOLUTION OF THE PLANNING COMMISSION 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 -1 -MS). OWNER: MR. AND MRS. WILLIAM R. HOOVER. Principal Planner Ungar described the requested construction and the history of similar requests for tennis courts in the surrounding area of Morgan Lane. Several requests for full-size tennis courts were denied by the Planning Commission because it was felt they would be too visible and leave too little open space on the lots in question, whereas the proposed tennis court would allow enough open space because of the configuration of the lot. The question of access to the stable was raised by Councilmember Leeuwenburgh. Mr. Jim Bartz, Project Designer, pointed out a 25 -foot sewer and drainage easement which would provide the required access. Mayor Pro Tem Murdock moved that Zoning Case No. 473 be taken under jurisdiction by the City Council because of the past denials of such requests, and a field trip be scheduled to the property. The motion was seconded by Councilmember Leeuwenburgh and passed on a 5-0 roll call vote. INTRODUCTION OF AREA COMMANDER Mayor Swanson introduced Ms. Helena Ashby, newly appointed Area Commander, Field Operations Region II of the Los Angeles Sheriff's Department. Ms.- Ashby expressed her pleasure at being associated with the City of Rolling Hills. 3 Rolling Hills City Council Meeting - 5/11/92 PUBLIC HEARINGS A. CONSIDERATION OF NUISANCE ABATEMENT AT 62 PORTUGUESE BEND ROAD (LOT 34 -FT). OWNER: MR. i MRS. JAMES EVANS. City Manager Nealis described the subject nuisance consisting of the remnants of a concrete foundation, slab, walks, driveways, debris, and sewage disposal system. Photographs of the property were shown to Councilmembers. The public hearing was opened. Mr. Wardie Clarke, Building and Engineering Inspector for the County of Los Angeles, testified that the County inspected the property in February and declared it a public nuisance, notifying Mr. and Mrs. Evans on February 10, 1992. Having received no reply, a second notice was mailed on March 25, 1992, requiring abatement of the substandard conditions. Mr. and Mrs. James Evans, currently residing at One Skidmore Road, Winter Haven, Florida, testified that the letter of March 25, 1992 was the first notice they received that there was any problem with the property. They subsequently received a certified letter dated April 3, 1992 from the City of Rolling Hills, at which point they telephoned City Manager Craig Nealis to discuss the problem. Mrs. Evans stated that when the residence was demolished seven years ago they asked the City if they should remove the slab and were told there was no need for its removal. She said the slab is a monolithic structure 12" thick on 12" centers with double layers of steel which moves as a single unit and presents no hazard. Mr. Evans added that the slab is now broken and lies even lower on the property, a full 200 yards from the adjacent Raines lot, and while there may be some dirt slippage as there has always been, there is no danger from the slab. They suggested that the City retain a geologist to evaluate the danger of slab movement. Mr. Charlie Raines, 2 Pinto Road, stated that his concern is not about the dirt but that the slab itself will become a problem not only for his property and others but for the drainage of the canyon. Neighborhood children have been playing on the property and he feels it should be removed before a disaster occurs. Mr. Roy Campbell, 3 Running Brand, recommended that Mr. and Mrs. Evans be given an opportunity to secure their own contractor and do the removal themselves rather than having the County take such action. Mr. Raines stated he would be willing to release the contractor from liability for dirt slippage if such action is taken. 4 Rolling Hills City Council Meeting - 5/11/92 Mrs. Evans expressed her opinion that children should be supervised and not allowed to play in areas where there are rattlesnakes and other dangers. Mr. Evans added that preliminary cost estimates have indicated it would now cost five times what it would have cost to remove the slab seven years ago when they were told it was not necessary. In reply to Councilmember Pernell's question as to why the County had recommended leaving the slab in place, Mr. Clarke stated that the County only did what the City requested at that time. Mayor Pro Tem Murdock recalled that the prevailing theory among geologists at that time was to leave some of the intact surfaces in place to. prevent intrusion of water into the fissures and into the slide plane. Now that the slabs have moved, they seem to present a safety hazard. Asked for his view of the safety hazard, Mr. Clarke stated that he does feel the slab constitutes a danger and the fact that it has cracked shows there is some stress there. He recommended that a geologist answer the question of whether there would be increased dirt slippage on removal of the slab. Mrs. Evans also called for advice from a geologist regarding the feasibility of getting heavy equipment to the slab, which is at least 75 feet below the level of the road. The public hearing was closed, and Councilmembers discussed possible alternative resolutions of the matter. Mayor Pro Tem Murdock felt that Mr. and Mrs. Evans should be given the opportunity to retain a geologist but that public funds should not be obligated for this purpose. Councilmember Heinsheimer called for a staff report indicating the pros and cons of removing the slab and exploring other options. Ms. Clarissa Watson, District Engineering Associate, Los Angeles County Building and Safety Division, explained that since the property has been determined to be substandard, representing an endangerment to the life, limb, safety and health of -the community, the City and County are liable for injury to anyone going onto the property. Potential movement of the slab is secondary to this current hazard. She said the property should be returned to grade, and estimated that the cost would be in the neighborhood of $35,000 to $45,000. City Attorney Jenkins advised that there are two components to nuisance abatement: (a) whether a public nuisance exists, and (b) if it does, what is to be ordered to abate the nuisance. The City 5 Rolling Hills City Council Meeting - 5/11/92 Council may decide that a nuisance exists but hold the matter open to a date certain to gather more information and explore abatement options. At the suggestion of Mayor Swanson, it was agreed that the public hearing will be held open to the City Council meeting on May 26, 1992, and in the interim Staff will work with Mr. and Mrs. Evans and other concerned parties to determine the safest and most effective means of abatement and a schedule for accomplishing this. OPEN AGENDA No one present wished to speak on the open agenda. PUBLIC HEARINGS (Continued) A. ZONING CASE NO. 461: 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. OWNER: DR. AND MRS. MOHAN A. BHASKER. ADDRESS: 42 PORTUGUESE BEND ROAD (LOT 120-RH). City Manager Nealis reported on the field trip to the property on April 18 to observe decibel readings of a tennis ball on the proposed sports court. Principal Planner Ungar indicated the modifications that are now proposed as a result of the field trip. The concerns of the neighbors were addressed with regard to sound, and it was determined that conversation resulted in a higher decibel level than the tennis ball. Councilmember Heinsheimer moved approval of the Conditional Use Permit per amended plans, with a requirement for sound - absorbent vegetation screening the court on three sides. Councilmember Leeuwenburgh expressed her concerns about the noise level, and the fact that the sound of the ball hitting the pavement was measured but not the sound of a racquet hitting the ball, which is louder and more penetrating. The motion was seconded by Councilmember Pernell and passed on a 4-1 roll call vote, with Councilmember Leeuwenburgh dissenting. 2 R r� r - Rolling Hills City Council Meeting - 5/11/92 TRAFFIC COMMISSION ITEMS A. ORDINANCE NO. 236: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING USE OF REFLECTIVE DEVICES FOR JOGGERS, EQUESTRIANS, SKATEBOARDERS, ROLLERSKATERS AND PERSONS ENGAGED IN SIMILAR PHYSICAL ACTIVITIES ON ROADWAYS DURING DARKNESS, AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. Councilmember Leeuwenburgh reported that the Traffic Commission had requested the City' Attorney's office to prepare this ordinance because of their concern about the safety of joggers and equestrians after dark. It was noted that the ordinance seems to allow skateboarding and other activities which are currently outlawed in the City if the participant wears reflective tape. As this was not the intent, it was decided to refer Ordinance No. 236 back to the Traffic Commission for rewording. B. CONSIDERATION OF RECOMMENDATION REGARDING MODIFICATIONS TO THE MAIN GATE VISITOR ENTRANCE. City Manager Nealis reported that the Traffic Commission has recommended the addition of traffic islands to the main gate .entrance to improve traffic safety by requiring visitors to turn when entering rather than merging into the area. This modification will cost approximately $1200 and is to be included in the hardscape plan. Councilmember Pernell moved Mayor Pro Tem Murdock seconded objection. PUBLIC HEARINGS (Continued), adoption of the recommendation, and the motion passed without B. CONSIDERATION OF NUISANCE ABATEMENT AT 63 PORTUGUESE BEND ROAD (LOT 14 -FT) . OWNER: LEE KARAFIN, BLS INC., RAYMOND D. CLAVERIE AND ELSIE C. CLAVERIE, FBO RAYMOND D. CLAVERIE, MR. DAN R. SWAGGER, PRESIDENT TRUST DEED SERVICE CENTER, 12444 VICTORY BOULEVARD, 1404, NORTH HOLLYWOOD, CALIFORNIA 91606. City Manager Nealis reported on the public nuisance located at 63 Portuguese Bend Road consisting of a damaged swimming pool, abandoned vehicle, overgrown vegetation and unsafe condition of the house. The public hearing was opened. Rolling Hills City Council Meeting - 5/11/92 Ms. Myrna Culbreth, spokesperson for the property owner, Jerry Marshak, addressed the Council and reported that improvements to the property were in progress. She stated that arrangements have been made to dispose of the car, the stable has been cleaned out, weed clearance has been undertaken, and repairs to the pool area have begun. She requested a continuance to allow more time to accomplish the improvements. City Manager Nealis said he would discuss the situation with Clarissa Watson, Los Angeles County District Engineering Associate, and determine what is required to make the structure and the pool sound. Staff will meet with the owner and formulate an action plan to take care of the problems noted. City Council agreed to continue the public hearing to the meeting of June 8, 1992. OLD BUSINESS A. CONSIDERATION OF AWARD OF BID FOR THE CITY ADMINISTRATION FACILITY AND TENNIS COURT AREA LANDSCAPE MAINTENANCE SERVICES. City Manager Nealis reviewed the awarding of the contract for landscape maintenance services to Peninsula Landscaping. He noted that a requirement for pest control applications was not included in the specifications. Because of the concerns of the City raised at the February 24 meeting, Mr. Rick Hilliard of Peninsula Landscaping has applied for a Pest Control Permit and will be tested on May 20. In the meantime, he has agreed to subcontract these services to a qualified pest control company as part of his contract with the City. Mr. Sean Bennett of Bennett Enterprises stated his bid was based on the need for an Agricultural Pest Control License and the performance of those duties in the landscape maintenance contract. He said that a complaint had been filed with the State Department of Consumer Affairs relative to the performance of Peninsula Landscaping Services on a residence in Torrance. Councilmember Leeuwenburgh said she had received a phone call from a Rolling Hills resident who is extremely pleased with the services of Peninsula Landscaping and strongly recommended that the City use then;. Councilmember Pernell suggested waiting to award the contract until the reconfiguration of the hardscape is completed in a few months. City Manager Nealis felt it would be a good idea to have a working relationship with the contractor before changes are made. 8 9