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