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3/1/1994MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS MARCH 1, 1994 CALL TO ORDER An adjourned regular meeting of the City Council of Rolling Hills was called to order by Mayor Murdock at 7:36 p.m. on Tuesday, March 1, 1994, in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Swanson, Pernell, Mayor Pro Tem Leeuwenburgh and Mayor Murdock. Councilmembers Absent: Heinsheimer. Others Present: Craig R. Nealis, City Manager. Michael Jenkins, City Attorney. Lola Ungar, Principal Planner. Larry Courtright, City Treasurer. Marilyn Kern, Deputy City Clerk. Lt. Roop, Los Angeles County Sheriff's Department, Lomita Station. 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 February 14, 1994. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement, Month of January, 1994. RECOMMENDATION: Approve as presented. d. Budget Calendar for FY 1994-95 RECOMMENDATION: Approve as presented. f. Correspondence from Browning-Ferris Industries regarding the Christmas tree collection and recycling program results. RECOMMENDATION: Receive and file. g. Correspondence from Browning-Ferris Industries regarding recovered recyclable material. RECOMMENDATION: Receive and file. Mayor Pro Tem Leeuwenburgh requested that item 3-e be pulled from the Consent Calendar for the purpose of discussion and moved approval of the recommendations contained in the remaining Consent Calendar items. Councilmember Pernell seconded the motion which carried unanimously. Hearing no objection, Mayor Murdock so ordered. e. Correspondence from Santa Monica Bay Restoration Project regarding an update on status of Bay restoration plan and schedule for completion. RECOMMENDATION: Receive and file/provide direction. After discussion and hearing no objection, Mayor Murdock ordered staff to prepare correspondence to the Project Director of the Santa Monica Bay Restoration Project indicating that the City Council took formal action to announce their awareness of and support for the Santa Monica Bay Restoration Project and the Santa Monica Bay Restoration Plan. PLANNING COMMISSION ITEMS None. Minutes City Council Meeting 03/01/94 -1- TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS A. 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 94-4: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING APPROVAL OF 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 presented the staff report and outlined the Traffic Commission recommendations that were established at their meeting held on February 25, 1994, which was held after agenda materials were prepared. Mayor Murdock opened the public hearing and called for testimony. • Mr. William Hassoldt, 10 Pine Tree Lane, presented to the City Council his concerns regarding the Cukingnan subdivision. He stated that he objects to the roadway being designed partially on his property easement, grading and the fact that there is no agreement to provide for a cost breakdown to construct the roadway, and his approval for the improvements to be done on his property in connection with roadway improvements. He further explained the Rolling Hills Community Association's recommendation that all parties involved in subdividing on Pine Tree Lane must agree on the roadway design before they will approve any roadway improvements. • Dr. Ramon Cukingnan, 16 Pine Tree Lane, provided a brief history of this case and reported on the County of Los Angeles review of his subdivision to the City Council. Mr. Cukingnan also explained the cul-de-sac design that is proposed on his property which will benefit all parties subdividing on Pine Tree Lane. He further stated that many attempts were made to form an agreement regarding the roadway with the parties subdividing on Pine Tree Lane and that Mr. and Mrs. Hassoldt would not agree because they felt that the grading in conjunction with the roadway improvements would affect certain trees on their property. • Mr. Doug McHattie, South Bay Engineering, addressed the City Council regarding the engineering and design of the roadway and cul-de-sac. Mr. McHattie reported that the roadway was designed to Los Angeles County Fire Protection engineering standards. Discussion then ensued regarding the subdivision on Dr. Cukingnan's property and the reconfiguration of the front and side yard setbacks created by the cul-de-sac. City Manager Nealis explained that this reconfiguration was created so as to not create a non -conforming condition on the lot. Councilmembers discussed the widening of the roadway and concurred that the improvements proposed in conjunction with this subdivision would benefit all residents on Pine Tree Lane, making it more accessible to emergency equipment. Mayor Pro Tem Leeuwenburgh reported that the Traffic Commission and the Traffic Engineer agree that the widening of Pine Tree Lane would enhance the safety of the residents in that area. Mr. Hassoldt stated that he feels that the cul-de-sac would benefit all parties involved and that he has no objections to the improvements that are proposed on Dr. Cukingnan's property in conjunction with his subdivision. He also stated that he requested a postponement of one year for Planning Commission review of his subdivision and that he has forwarded a request that the Planning Commission to place consideration of his own subdivision on their agenda in April, 1994. Councilmembers discussed Mr. Hassoldt's concerns regarding the roadway, easements and lack of agreement between those property owners subdividing on Pine Tree Lane. City Attorney Mike Jenkins explained that it is his understanding that all of the roadway improvements along the Minutes City Council Meeting 03/01/94 -2- Hassoldt property are within the easements and that the Rolling Hills Community Association controls those easements and must give.their�approyal to the improvements. He also explained that since the roadways and easements inkolling Hills are private and under the jurisdiction of the Rolling Hills Community Association, the City can only approve and condition the subdivision itself and has no jurisdiction over the roadway other than it provides access to the subdivision which is part of the approval process for a subdivision. In response to Councilmember Swanson's question, City Attorney Jenkins explained that should the Rolling Hills Community Association not approve the roadway access to the subdivision, the applicant must file for an amendment to the tentative parcel map. After discussion, Councilmembers concurred that they would like to view the site of the subdivision and also view the roadway improvements demonstrating access to the subdivision. Mayor Pro Tem Leeuwenburgh suggested that the roadway be staked at its narrowest portion. Hearing no objection, Mayor Murdock continued the public hearing to Thursday, March 10, 1994 at 7:30 a.m. for the purpose of conducting a field trip to 16 Pine Tree Lane. OPEN AGENDA APPROXIMATELY 8:00 P.M. PUBLIC COMMENT WELCOME • Mrs. Catherine Partridge, 69 Portuguese Bend Road, spoke to the City Council regarding City Council/Rolling Hills Community Association Board and staffs exchange of information regarding each entities policies and procedures. She suggested that a seminar be arranged to accomplish this exchange of information. Mrs. Partridge also reported on overgrown weeds on properties in the Flying Triangle area. She reported that she feels that these overgrown weeds are a fire hazard. Councilmembers thanked Mrs. Partridge for her comments and suggestions. Mayor Murdock explained that she will be meeting with the Rolling Hills Community Association Board President to further encourage the communication between the City and the Community Association. In response to Mrs. Partridge's concerns regarding weed abatement in the Flying Triangle area, City Manager Nealis explained that he has spoken with the Los Angeles County Fire Department representatives at Rolling Hills Station No. 56 who have indicated that these properties are in compliance with the City's policy on weed abatement. He further explained the weed abatement process and noted that the City of Rolling Hills has the most stringent weed abatement policy on the Peninsula. PUBLIC HEARINGS B. ZONING CASE NO. 461 DR. AND MRS. MOHAN BHASKER, 42 PORTUGUESE BEND ROAD (LOT 120-RH) AN APPEAL OF THE PLANNING COMMISSION REVOKED PERMIT FOR A VARIANCE FOR THE ENCROACHMENT OF RETAINING WALLS IN THE SIDE YARD SETBACK AND A PLANNING COMMISSION REVOKED PERMIT FOR A CONDITIONAL USE PERMIT FOR A RECONSTRUCTED CLAY SPORTS COURT. Principal Planner Ungar presented the staff report outlining the Planning Commission's findings relative to the revocations in this zoning case and directed the Council's attention to the chronology of events she prepared relating to this case. Mayor Murdock opened the public hearing and called for testimony. • Mr. Doug McHattie, South Bay Engineering, indicated to the City Council that he first became aware of the problems related to the sports court was when he was asked to do a survey of the area for Dr. Bhasker as required by the City and the Rolling Hills Community Association. He explained the configurations of the sports court, driveway, and planter area. • Dr. Mohan Bhasker, applicant, explained to the Council that he agrees that the court is larger than was approved and explained that when he began to grade for his project that he did not realize the impact the planter and driveway had creating the court causing him to grade more than was anticipated. Minutes City Council Meeting 03/01/94 -3- Councilmembers discussed the sports court and Councilmember Pernell expressed concern that the applicant did not return to the City Council when he discovered that he would have to grade out more of an area than was approved. In response to Mayor Pro Tem Leeuwenburgh's question, Principal Planner Ungar reported that the original illegally constructed court was built prior to November, 1990. In response to Mayor Murdock's question, Dr. Bhasker reported that Mr. Jim Dykzeul had constructed the court. Mayor Murdock closed the public hearing. Councilmember Pernell moved that the City Council uphold the Planning Commission revocation of a permit for a Variance for the encroachment of retaining walls in the side yard setback and the Planning Commission revocation of a permit for a Conditional Use Permit for a reconstructed clay sports court. Councilmember Swanson seconded the motion which carried by the following vote: AYES: Councilmember Swanson, Pernell, Mayor Pro Tem Leeuwenburgh and Mayor Murdock. NOES: None. ABSENT: Councilmember Heinsheimer. ABSTAIN: None. Hearing no objection, Mayor Murdock so ordered. Staff was directed to prepare a Resolution memorializing the City Council's action for the next regularly scheduled meeting of the City Council. City Manager Nealis reported that staff is investigating the contractor that constructed this illegal court as well as another one in the City and that correspondence to the State Contractors Licensing Board would be forwarded regarding this illegal activity of this contractor in the City. City Attorney Jenkins explained to the applicant that by the Council's action of upholding the Planning Commission's revocation of the Variance and Conditional Use Permit for a sports court, that the permits are no longer valid and the area must be restored to their original condition. City Manager Nealis stated that in the Resolution prepared by staff, a time frame would be included for the restoration of the property to its original state. OLD BUSINESS A. CONSIDERATION OF REDESIGN OF GATES FOR THE CITY OF ROLLING HILLS VOLUNTARY RECYCLING CENTER. City Manager Nealis presented the staff report and drawings depicting the proposed new gate design. Councilmembers discussed the staggered gate design and concurred that it would allow residents to utilize the recycling center without having to open a gate and also be convenient for the City's waste service provider to access the area. Hearing no objection, Mayor Murdock directed staff to submit the redesign of the gates for the City of Rolling Hills Voluntary Recycling Center to the Rolling Hills Community Association for review by the Architectural Review Committee and proceed with the work upon approval of the Architectural Review Committee. B. ZONING CASE NO. 480 DR. AND MRS. BARTON WACHS, 6 OUTRIDER ROAD (LOT 72 -A -EF) RESOLUTION NO. 728: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT A PORTION OF A RESIDENTIAL STRUCTURE TO ENCROACH INTO THE SIDE YARD SETBACK IN ZONING CASE NO. 480. Councilmember Swanson moved that the City Council adopt Resolution No. 728 granting a Variance to permit a portion of a residential structure to encroach into the side yard setback in Zoning Case No. 480. Councilmember Pernell seconded the motion which carried by the following vote: AYES: Councilmember Swanson, Pernell and Mayor Murdock. NOES: Mayor Pro Tem Leeuwenburgh. ABSENT: Councilmember Heinsheimer. ABSTAIN: None. Minutes City Council Meeting 03./01/94 -4- C. ZONING CASE NO. 498 MR. AND MRS. DOMENIQUE CLAESSENS, 7 STORM HILL LANE (LOT 169- B -MS) RESOLUTION NO. 729: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL FOR A NEW SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 498. Councilmember Swanson moved that the City Council adopt Resolution No. 729 granting site plan review approval for a new single family residence in Zoning Case No. 498. Councilmember Pernell seconded the motion which carried by the following vote: AYES: Councilmember Swanson, Pernell, Mayor Pro Tem Leeuwenburgh and Mayor Murdock. NOES: None. ABSENT: Councilmember Heinsheimer. ABSTAIN: None. Councilmember Swanson requested that staff discuss with the applicant the possibility of providing an access to the City lot in conjunction with this project. NEW BUSINESS A. RESOLUTION NO. 731: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS CALIFORNIA, PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT ANY MUNICIPAL ELECTION. Mayor Pro Tem Leeuwenburgh moved that the City Council adopt Resolution No. 731 providing for the conduct of a special runoff election for elective offices in the event of a tie vote at any Municipal Election. Councilmember Swanson seconded the motion which carried by the following vote: AYES: Councilmember Swanson, Pernell, Mayor Pro Tem Leeuwenburgh and Mayor Murdock. NOES: None. ABSENT: Councilmember Heinsheimer. ABSTAIN: None. B. ORDINANCE NO. 247: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING SECTION 6.24.020 OF THE ROLLING HILLS MUNICIPAL CODE ENTITLED "CITY MANAGER INVESTIGATIONS -ACTION -WHEN DOG ATTACKS ANIMAL". City Manager Nealis presented the staff report. Councilmembers discussed the Ordinance and whether it should contain provisions for a third or subsequent attack. City Manager Nealis reported that a stipulation was inserted into a hold harmless agreement on the case just reviewed by the Council that should a third attack occur that the dog would be required to be removed from the City. Mayor Pro Tem Leeuwenburgh moved that the City Council waive first reading in full and introduce Ordinance No. 247 amending Section 6.24.020 of the Rolling Hills Municipal Code entitled "City Manager Investigations -Action -When Dog Attacks Animal" as presented. Councilmember Swanson seconded the motion which carried unanimously. Staff was directed to return Ordinance No. 247 to the next regularly scheduled meeting for second reading and adoption. MATTERS FROM MEMBERS OF THE CITY COUNCIL • Mayor Pro Tem Leeuwenburgh reported on the progress of the survey being prepared by the Open Space Advisory Committee. She indicated that a second draft for Council review will be placed in Council mailboxes for delivery with weekly packets. • Mayor Murdock reported that Councilmembers have received a brochure outlining the Youth Summit Conference And Symposium at California State University, Dominguez Hills Minutes City Council Meeting 03/01/94 -5- on December 16, 1993. She requested that the brochures be forwarded to Hannah Cannom and Jennifer Baar who represented the City of Rolling Hills at the conference. • Councilmember Swanson reported that she has been named division chair for the American Red Cross South Bay District's annual fund raising drive and requested that a note be placed in the Citywide newsletter regarding the efforts of the Red Cross. Mayor Pro Tem Leeuwenburgh indicated that she objects to the placement of such an article in the Citywide Newsletter noting that it would set a precedent that the Newsletter was not intended to provide. Councilmember Pernell suggested that an article including a simple announcement of Councilmember Swanson's appointment and indicate that anyone wishing to have information or help her in her efforts could contact her. MATTERS FROM STAFF • City Manager Nealis reported that he will be attending the Women's Club meeting on Wednesday, March 9,1994, with Area G Emergency Preparedness Coordinator Casey Chel. He indicated that Joyce Robertson, President of the Women's Club contacted City Hall and requested a speaker on Emergency Preparedness and earthquakes for their March luncheon. • City Manager Nealis also reported that the Lennartz real estate transaction with Congresswoman Jane Harman has become final. He further reported that the Lennartzes are scheduled to move out over the next weekend and the Harmans will begin construction on the improvements to the residence soon thereafter. 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. in memory of long time Rolling Hills resident Dr. Paul Saffo and Palos Verdes Estates Police Department Officers Captain Mike Tracy and Sergeant Tom Vanderpool. The meeting was adjourned to an adjourned regular meeting of the City Council to be held on Thursday, March, 10, 1994 at 7:30 a.m. at 16 Pine Tree Lane for the purpose of conducting a continued public hearing in the field. Approved: ( /4 X0.4hey J Jody sur ck Mayor Marilyn'L. Kern Deputy City Clerk Minutes City Council Meeting 03/01/94 -6- 1 1