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
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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.
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City Council Meeting
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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.
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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
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