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2/14/1994MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA FEBRUARY 14, 1994 CALL TO ORDER A regular meeting of the City Council of Rolling Hills was called to order by Mayor Murdock at 7:38 p.m. on Monday, February 14, 1994, in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Swanson, Pernell, Heinsheimer, Mayor Pro Tem Leeuwenburgh and Mayor Murdock. Councilmembers Absent: None. Others Present: Craig R. Nealis, City Manager. Lola Ungar, Principal Planner. Larry Courtright, City Treasurer. Marilyn Kern, Deputy City Clerk. CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. a. Minutes - Meeting of January 24, 1994. RECOMMENDATION: Approve as presented. b. Minutes - Meeting of February 1, 1994. RECOMMENDATION: Approve as presented. C. Payment of Bills. RECOMMENDATION: Approve as presented. d. Notice of Completion to IPS Services, Inc. for FY 93-94 City-wide Street Striping and Marking Program. RECOMMENDATION: Approve as presented. e. Correspondence from City of Long Beach Mayor Ernie Kell urging the City of Rolling Hills' support and membership in the California C-17 Aerospace Committee. RECOMMENDATION: Receive and file. f. Correspondence from Charles Belba, Mayor of the City of Lomita, thanking the City Council for the contribution of FY 94-95 Community Development Block Grant Funds to the City of Lomita. RECOMMENDATION: Receive and file. g. Correspondence from the City of Pasadena Mayor Rick Cole regarding Pasadena Resolution #7045 related to combatting rampant violence in the community through joint efforts at the local, state and national levels. RECOMMENDATION: Receive and file. h. Correspondence from Browning-Ferris Industries regarding recovered recyclable material. RECOMMENDATION: Receive and file. i. Correspondence from Browning-Ferris Industries regarding dates for the 1994 Community Clean up in the City of Rolling Hills. RECOMMENDATION: Receive and file. Councilmember Swanson moved approval of the recommendations contained in the Consent Calendar. Councilmember Heinsheimer seconded the motion which carried unanimously. Hearing no objection, Mayor Murdock so ordered. Minutes City Council Meeting 02-14-94 -1- PLANNING COMMISSION ITEMS A. ZONING CASE NO. 503 MR. AND MRS. JAMES DODSON, 7 MORGAN LANE (LOT 170 -4 -MS) RESOLUTION NO. 94-5: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR VARIANCES TO PERMIT THE CONSTRUCTION OF TWO SEPARATE TRELLISES, ONE AT THE EAST END OF THE EXISTING SINGLE-FAMILY RESIDENCE AND ONE ON THE WEST SIDE OF THE PROPERTY, WITH EACH TRELLIS ENCROACHING INTO THE SIDE YARD SETBACKS IN ZONING CASE NO. 503. City Manager Nealis presented the staff report outlining the applicant's request and Planning Commission Resolution No. 94-5 denying the request. Mayor Murdock called for discussion regarding Zoning Case No. 503. Hearing none and hearing no objection, Mayor Murdock ordered that Resolution No. 94-5 of the Rolling Hills Planning Commission denying a request for variances to permit the construction of two separate trellises, one at the east end of the existing single-family residence and one on the west side of the property, with each trellis encroaching into the side yard setbacks in Zoning Case No. 503 be received and filed. B. ZONING CASE NO. 508 MR. AND MRS. JOHN RICH, 20 OUTRIDER ROAD (LOT 78 -EF & 95 -B -EF) RESOLUTION NO. 94-6: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL TO A REQUEST FOR SITE PLAN REVIEW MODIFICATION TO PERMIT A PREVIOUSLY AND ILLEGALLY CONSTRUCTED SPORTS COURT TO BE MODIFIED TO BE A PARKING AREA IN THE FRONT YARD AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 508. City Manager Nealis presented the staff report outlining the applicant's request and Planning Commission Resolution No. 94-6 granting approval to the request. Mayor Murdock called for discussion regarding Zoning Case No. 508. Councilmembers discussed the applicant's lack of knowledge that permission from the City was needed to construct this sports court and the requirement that the light standards on the sports court be reduced in number. Councilmember Swanson expressed concern that contractors doing business in the City of Rolling Hills are constructing projects that they know require City approvals. Councilmember Pernell suggested that staff investigate what contractor was used for this project and what action could be taken to notify this contractor of the illegal activity. Mayor Murdock suggested that staff correspond to the Contractors Licensing Board. Hearing no further discussion and hearing no objection, Mayor Murdock ordered that Resolution No. 94-5 of the Rolling Hills Planning Commission granting approval to a request for Site Plan Review modification to permit a previously and illegally constructed sports court to be modified to be a parking area in the front yard at an existing single family residence in Zoning Case No. 508 be received and filed. TRAFFIC COMMISSION ITEMS A. CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION TO RELOCATE THE MAILBOX PRESENTLY LOCATED ON PORTUGUESE BEND ROAD. Mayor Pro Tem Leeuwenburgh explained the history surrounding the mailbox being located at its present location on Portuguese Bend Road and the Traffic Commission's unanimous decision to recommend a new location for the mailbox. Hearing no further discussion and no objection, Mayor Murdock ordered that the recommendation from the Traffic Commission to relocate the mailbox presently located on Portuguese Bend Road be approved and directed staff to proceed with the relocation effective on a specific date and proceed with a mailing to all residents announcing the relocation of the mailbox and new location of the recycling center. Minutes City Council Meeting 02-14-94 -2- PUBLIC HEARINGS A. ZONING CASE NO. 480 DR. AND MRS. BARTON WACH&.6, UTRIDER ROAD (LOT 72 -A -EF) AN APPEAL OF A PLANNING' COMMISSION DENIED REQUEST FOR A VARIANCE TO PERMIT THE,,,i ENCROACHMENT OF A BATHROOM ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 480. City Manager Nealis presented the staff report outlining the applicant's appeal of the Planning Commission's denial of their request. Mayor Murdock opened the public hearing and called for testimony. • Mr. Criss Gunderson, architect for the applicant, addressed the City Council regarding the concerns of the property owner to the north. He indicated that he had visited the site with staff and that it was determined that the structure shown on the vicinity map is in fact attached and below the grade of the Wachs' residence. He explained that this structure has no doors or windows facing the Wachs' property and this as well as landscaping on the property screen the proposed new additions from the neighboring property to the north. He further addressed the Council regarding the formulas used to calculate pad coverage and building area. He presented the City Council with a copy of his calculations. • Dr. Barton Wachs, applicant, reported to the Council that he has spoken with his neighbor, Mrs. Malmuth, regarding her concerns for his project. He indicated that she could not be present this evening, however, after discussing the project with her, she agreed that the proposed improvements do not impact her property. Dr. Wachs reported that Mrs. Malmuth's remaining concern was for the noise during construction and that he has assured her that he would notify his contractor that no construction shall begin prior to 8:00 a.m. Mayor Murdock closed the public hearing. Councilmember Pernell questioned staff regarding the calculations that Mr. Gunderson presented. Principal Planner Ungar indicated that Mr. Gunderson's percentages show the pad plus the building footprint with no pool. She explained that when calculations are done by the City as per the Code, the buildable pad within the allowable setbacks as well as all of the buildings/structures on the pad including pools are included which are then divided by the size of the pad. Councilmember Swanson spoke to the Council regarding the property and its development before the new setback requirements were enacted. She stated that she feels that this request is not extraordinary and that the impact is so minimal that the City Council could make an exception and approve the applicant's request. She further stated that these improvements would in fact act as a buffer between the neighboring property and the Wachs' pool area. Councilmember Heinsheimer stated that with the Council's field trip to the site and testimony presented, he has no objections to the project, however, he would like to see a condition added that construction would not begin before 8:00 a.m. on any day as requested by the neighbor. Mayor Pro Tem Leeuwenburgh discussed her observations during a visit to the property north of the Wachs' property. She further stated that she agrees with the Planning Commission's decision to deny this request and feels that an approval of this project by the City Council would impact properties in the vicinity and that the City would be taking step back to when 50% coverages were allowed. Discussion then ensued regarding lot coverage versus hypothetical pad. Mayor Pro Tem Leeuwenburgh explained the impact of homes in the Eastfield area that are built so close together and the impact on future development of these properties. Mr. Criss Gunderson explained that the proposed new additions contain no new windows on the northerly property line side to enhance the Wachs' privacy as well as the neighboring property owner's privacy. Dr. Wachs' indicated to the Council that he is willing to remove the bathroom alcove from the plans. In answer to Mayor Murdock's question, Principal Planner Ungar reported that a previous Variance on the property had been approved in August of 1987. Minutes City Council Meeting 02-14-94 -3- Councilmember Swanson moved that the City Council reverse the Planning Commission denied request for a Variance to permit the encroachment of a bathroom alcove and master bedroom addition into the side yard setback at an existing single family residence in Zoning Case No. 480 and approve the application for a Variance in Zoning Case No. 480. Councilmember Heinsheimer seconded the motion. Councilmember Pernell requested that the motion be amended to condition the removal of the bathroom alcove as suggested by the applicant and that amended plans be submitted by the applicant to the satisfaction of staff. Councilmember Swanson agreed to the amendment and indicated that her motion shall reflect the removal of the bathroom alcove. Councilmember Pernell seconded the amended motion which carried by the following vote: AYES: Councilmembers Swanson, Pernell, Heinsheimer and Mayor Murdock. NOES: Mayor Pro Tem Leeuwenburgh. Staff was directed to prepare a Resolution memorializing this action for the next regularly scheduled meeting of the City Council. OPEN AGENDA APPROXIMATELY 8:00 P.M. PUBLIC COMMENT WELCOME None. Mayor Murdock reported that a request has been received by Mr. and Mrs. Arman that item 8-A, an appeal pursuant to Section 6.24.040 of the Rolling Hills Municipal Code relative to require removal of a dog from the City be taken out of order. Hearing no objection, Mayor Murdock so ordered. NEW BUSINESS A. CONSIDERATION OF AN APPEAL FILED PURSUANT TO SECTION 6.24.040 OF THE ROLLING HILLS MUNICIPAL CODE RELATIVE TO REQUIRED REMOVAL OF A DOG FROM THE CITY OF ROLLING HILLS PURSUANT TO AFFIRMATIVE FINDINGS UNDER SECTION 6.24.020, PARAGRAPH B OF THE ROLLING HILLS MUNICIPAL CODE FOR OWNERS OF PROPERTY LOCATED AT 6 MIDDLERIDGE LANE NORTH. e Mrs. Claudette Arman, owner of the dog, explained to the Council previous incidents involving her dog. She further explained the special fencing that was installed on the property after these previous incidents in an attempt to keep the dog confined to her property. In answer to Councilmember Heinsheimer's question, Mr. and Mrs. Arman stated that they agree with the conditions outlined in the staff report. Councilmember Pernell moved that the City Council reverse the decision of the City Manager requiring the dog be removed from the City pursuant to affirmative findings under Section 6.24.020, Paragraph B of the Rolling Hills Municipal Code and that the dog be allowed to remain in the City subject to the following conditions: 1. That the dog continue to be confined to the property except when under the control of a leash or other restraining device by the custodian of the dog. 2. That fencing be constructed that would prevent the Arman dog from venturing off its property and that such fencing be constructed to the satisfaction of the City Manager and the SPCA. 3. That the Armans sign a hold harmless agreement to be drafted by the City Attorney which would protect the City should some unforseen circumstance arise which would cause the dog to venture off its property and again possibly be the subject of another attack incident. 4. That the Armans provide to the City, in writing, to the satisfaction of the City Attorney, that they fully understand that if their dog ventures off of its property at any time, and is not under the control of a leash, or other restraining device, that the Armans shall cause their dog to be permanently removed from the City. Minutes City Council Meeting 02-14-94 In 5. If any other attack by the Arman dog occurs off of the Arman's property when the dog is not under the control of a leash, that the Arman dog will be permanently removed from the City. Councilmember Swanson seconded the motion which carried unanimously. • SPCA Sergeant Tori Matthews addressed the Council and stated that it is her opinion that this dog is potentially dangerous to other animals but not towards humans. She further stated that the dog has become defensive since being attacked on its own property and is defending its property. Sergeant Matthews stated that the conditions outlined by the Council will alleviate future problems of attacks. Staff was directed to investigate an amendment to the Municipal Code to allow the City Manager more discretion when reviewing dog attack animal situations. Councilmember Heinsheimer asked to be excused from the meeting at 8:40 p.m. since he must abstain from discussions regarding Zoning Case No. 498 due to its proximity to his residence. PUBLIC HEARINGS - Continued B. ZONING CASE NO. 498 MR. AND MRS. DOMENIQUE CLAESSENS, 7 STORM HILL LANE (LOT 169- B -MS) AN APPEAL OF AN APPROVED REQUEST FOR SITE PLAN REVIEW TO PERMIT THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE WITH ATTACHED GARAGE, A POOL, AND A STABLE. City Manager Nealis presented the staff report and outlined the concerns raised by the City Council at the field trip. He explained the subdivision code relative to vehicular access which permits the type of roadway access proposed by the applicant. City Manager Nealis further stated that the City Attorney has been consulted regarding this roadway access. City Manager Nealis then reported on the access to the City lot adjacent to this property and the height of trees indicated on the landscape plan proposed for the project. Mayor Murdock opened the public hearing and called for testimony. ♦ Mr. Doug McHattie, South Bay Engineering, addressed the Council regarding the concerns identified by the Council at the field trip and stated that staff had answered them. He presented photographs to the Council depicting the impact of the improvements to the property from Buggy Whip Drive and Johns Canyon Road. Councilmembers discussed the photographs. Mayor Pro Tem Leeuwenburgh reported that she and Mayor Murdock viewed the proposed project from 14 Buggy Whip Drive, 10 Buggy Whip Drive and 12 Buggy Whip Drive after the field trip and indicated that the greatest impact of the planting of trees indicated in the proposed landscape plans seem to be from 12 Buggy Whip Drive and 10 Buggy Whip Drive. Mayor Murdock reported that Mr. Bobit has stated that trees over 25 feet would impact the view from his property. Discussion ensued regarding various aspects of the project including proposed landscape plans, access to and future development of the City lot and geologic conditions on the property. Councilmembers concurred that it would benefit the community if plans could be made in conjunction with this development to enhance the City lot. • Mr. Criss Gunderson, Architect for the applicant, reported to the Council that the proposed plans for the residence and landscaping were designed with maintaining the City's rural character. • Mr. Keith Ehlert, Engineering Geologist for the project, addressed the Council concerns regarding the geologic conditions on the property. He indicated that there are prehistoric and ancient landslides throughout the north side of Crest Road in Rolling Hills and that grading, compacting and buttressing are used to mitigate them. City Manager Nealis reported that the County Engineering and Building and Safety Departments review these geologic conditions before issuance of permits. Minutes City Council Meeting 02-14-94 -5- Councilmembers discussed the amount of grading and the types of equipment to be used to complete the project. Hearing no objection, Mayor Murdock closed the public hearing. Councilmember Pernell moved that the City Council uphold the Planning Commission's approval of a request for Site Plan Review to permit the construction of a new single family residence with attached garage, a pool, and a stable with an amendment to the landscape conditions indicating that trees on the property shall not exceed 25 feet from the crest of the existing grade. Mayor Pro Tem Leeuwenburgh seconded the motion which carried unanimously, 4-0-1 (Councilmember Heinsheimer abstained). Staff was directed to prepare a Resolution memorializing this action for the next regularly scheduled meeting of the City Council. Staff was also directed to investigate the future improvement to the City lot in conjunction with this project. C. ZONING CASE NO. 450. SUBDIVISION NO. 84. TENTATIVE PARCEL MAP NO. 21486 DR. AND MRS. RAMON CUKINGNAN, 16 PINE TREE LANE (LOT 81-RH) RESOLUTION NO. 94-4: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING APPROVAL TO THE CITY COUNCIL OF TENTATIVE PARCEL MAP NO. 21486, SUBDIVISION NO. 84, A REQUEST TO SUBDIVIDE A 6.07 ACRE EXISTING LOT THAT HAS ONE RESIDENTIAL UNIT INTO 2 SINGLE-FAMILY RESIDENTIAL LOTS FRONTING THE NORTHERN TERMINUS OF PINE TREE LANE IN ZONING CASE NO. 450. City Manager Nealis reported to the City Council that this item is recommended for continuance to allow time for the Traffic Commission to review the proposed roadway, existing driveway access and cul-de-sac design. Hearing no objection, Mayor Murdock continued the public hearing to the next regularly scheduled meeting of the City Council to allow Traffic Commission review of the proposed roadway, existing driveway access and cul-de-sac design. OLD BUSINESS A. ORDINANCE NO. 246: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING THE ADVISORY TRAFFIC COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis reported that Ordinance No. 246 is presented for second reading and adoption. Mayor Pro Tem Leeuwenburgh moved that the City Council waive reading in full and adopt Ordinance No. 246 regarding the advisory Traffic Commission and amending the Rolling Hills Municipal Code. Councilmember Swanson seconded the motion which carried unanimously. MATTERS FROM MEMBERS OF THE CITY COUNCIL • Mayor Pro Tem Leeuwenburgh reported that the West Mosquito Abatement District's name change is now official and will be known as West Vector District. She also reported on the new officers for the District. • Mayor Murdock presented information regarding correspondence received by the Council relative to the continued funding of the Student and the Law Program. City Manager Nealis reported that this issue is still being discussed by the Regional Law Committee. • Mayor Murdock reported that she will be attending the City Selection Committee meeting to elect a representative to the South Coast Air Quality Management District. Councilmembers discussed proposed candidates for this appointment. Minutes City Council Meeting 02-14-94 -6- • Mayor Murdock provided an update on the screening of the recycling center enclosure that was requested by the Rolling Hills Community Association. After discussion regarding various types of gates that would enable residents wishing to deposit their recyclables without having to operate a gate, staff was directed to investigate new gate designs and report back to the City Council at the next regularly scheduled meeting. Councilmember Pernell requested that an article be placed in an upcoming Citywide Newsletter with a graph showing the decline in recovered recyclable material figures and encouraging residents to recycle. • Mayor Murdock requested that staff coordinate with the RHCA a Facility Use Permit Subcommittee meeting. • Mayor Murdock reported that the Water Replenishment District has requested to make a presentation to the City Council regarding their efforts. Hearing no objection, staff was directed to coordinate a 5-6 minute presentation from the District at an upcoming City Council Meeting. • Mayor Pro Tem Leeuwenburgh requested the City Council's input regarding the Open Space Advisory Committee Survey. She indicated that a copy of the survey will be provided to the Council in their weekly packet. MATTERS FROM STAFF • City Manager Nealis reported that the City's Budget has once again been awarded the Distinguished Budget Award presented by the GFOA. He indicated that Senior Accountant Nan Huang's efforts in preparing the presentation of the City's Budget to the GFOA are commendable. • City Manager Nealis also reported that he has requested that the City's computer consultant Ron Obsorne to prepare an aggressive in-house training program for the new Planning Department computer equipment after several training classes by an outside agency were canceled. • City Manager Nealis requested the City Council's approval to prepare a check to Project Manager Tom Montague for an outstanding bill for the relocation of the mailbox during the Hardscape Project. He explained that the RHCA Board of Directors has not authorized payment of their half of this bill and that they have requested that their Attorney speak with the City Attorney to determine if this relocation of the mailbox is part of the Hardscape Project. Hearing no objection, Mayor Murdock ordered that this bill be paid and that staff be directed to follow-up with the RHCA regarding their share of this bill. MATTERS FROM THE CITY ATTORNEY None. CLOSED SESSION None. ADJOURNMENT Hearing no further business before the City Council, Mayor Murdock adjourned the meeting at 9:45 p.m. to the next regularly scheduled meeting of the City Council to be held on Monday, February 28, 1994, at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ' Marilyn L. ern Deputy City Clerk ApprArd JJ At/ Jodyk Mayor Minutes City Council Meeting 02-14-94 -7-