1/8/1996 MINUTES OF A
REGULAR MEETING OF THE
CITY COUNCIL
OF THE
CITY OF ROLLING HILLS,CALIFORNIA
JANUARY 8, 1996
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by
Mayor Pernell at 7:30 p.m., in the City Council Chambers at City Hall, 2 Portuguese Bend
Road, Rolling Hills, California.
ROLL CALL
Councilmembers Present: Hill, Lay, Mayor Pro Tem Murdock and Mayor Pernell.
Councilmembers Absent: Heinsheimer (excused).
Others Present: Craig R. Nealis, City Manager.
Lola Ungar, Principal Ungar.
Marilyn L. 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 - Regular Meeting of November 27, 1995; Notice of Adjournment
Due to Lack of Quorum-December 11, 1995 and Notice of Adjournment Due
to Lack of Quorum-December 25, 1995.
RECOMMENDATION: Approve as presented.
b. Payment of Bills December 11, 1995.
RECOMMENDATION: Approve as presented.
c. Payment of Bills December 21, 1995.
RECOMMENDATION: Approve as presented.
d. Payment of Bills January 8, 1996.,
RECOMMENDATION: Appro�e as presented.
e. Financial Statement for the month of November, 1995.
RECOMMENDATION: Approve as presented.
f. Correspondence from Browning-Ferris Industries regarding recovered
recyclable material.
RECOMMENDATION: Receive and file.
g. Budget Calendar for Fiscal Year 1996-97.
RECOMMENDATION: Approve as presented.
Mayor Pro Tem Murdock moved that the City Council approve the recommendations
contained in the Consent Calendar. Councilmember Lay seconded the motion which
' passed unanimously.
PL�.NNING COMMISSION ITEMS
RESOLUTION NO. 95-19: A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT
ENCROACHMENT INTO THE FRONT YARD SETBACK TO CONSTRUCT A
RESIDENCE AND GRANTING SITE PLAN REVIEW APPROVAL FOR THE
CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE IN ZONING CASE
- NO. 531. MR. AND MRS. WILLIAM ROGERS, 20 PORTUGUESE BEND ROAD
(LOT 58-A-RH).
Principal Planner Ungar presented the staff report outlining the applicants' request and
Planning Commission action relative to Zoning Case No. 531. City Manager Nealis
reported that the Traffic Commission reviewed the driveway location for this project and
that their recommendations were incorporated into the Resolution No. 95-19.
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Hearing no discussion and no objection, Mayor Pernell ordered that Resolution No. 95-19
be received and filed.
RESOLUTION NO. 95-22: ,A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO
THE FRONT YARD SETBACK TO CONSTRUCT A BAY WINDOW AND
GRANTING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK
TO CONSTRUCT AN ENTRY PORCH IN ZONING CASE NO. 534. MR. AND
MRS. RANDY SOPP, 2 WILLIAIVISBURG LANE (LOTS 44-RH, 45-RH AND 46A
RH). -
Principal Planner Ungar presented the staff report outlining the applicants' request and -._- _
Planning Commission action relative to Zoning Case IVo. 534.
Hearing no discussion and no objection, Mayor Pernell ordered that Resolution No. 95-22
be received and filed.
TRAFFIC COMMISSION ITEMS
CONSIDERATION OF A TRAFFIC COMMISSION RECOMMENDATION
RELATIVE TO A REQUEST FROM THE ROLLING HILLS COMMUNITY
ASSOCIATION FOR TRAFFIC COMMISSION REVIEW RELATIVE TO A FENCE
ON PORTUGUESE BEND ROAD/POPPY TRAIL AREA FOR HORSE PROTECTION.
City Manager Nealis presented the staff report outlining the Traffic Engineer's report and
Traffic Commission recommendations relative to this request. In response to Mayor
Pernell, City Manager Nealis explained that there has been no accident history in this area
and further explained that this request was presented to the Rolling Hills Community
Association by Ms. Carole Hoffman, with the concurrence of Caballeros. City Manager
Nealis stated that the Rolling Hills Community Association has indicated that they are in
favor of this fence and that it will be constructed by the Association or Caballeros.
Councilmember Hill explained the narrowness of the trail and roadway in the proposed
fence area. He also stated that Ms. Hoffman's request was to prevent horses from bolting
into vehicular traffic should they become frightened.
Councilmember Lay moved that the City Council accept the report of the Traffic Engineer
and recommendations of the Traffic Commission and that staff be directed to report this
action to the Rolling Hills Community Association. Mayor Pro Tem Murdock seconded
the motion which passed unanimously.
PUBLIC HEARINGS
ZONING CASE NO. 453, SUBDIVISION NO. 86 AND TENTATIVE PARCEL MAP
NO. 21444
REQUEST FOR A PROPOSED 3-LOT SUBDIVISION OF LAND AT LOTS 89-A-RH,
89-C-RH, AND 92-RH, AND CURRENTLY, 25 PORTUGUESE BEND ROAD,
ROLLING HILLS, CA, AN EXISTING LOT THAT HAS ONE RESIDENTIAL UNIT,
TO BE IMPLEMENTED BY MRS. DOTHA S. WELBOURN. LOTS 89-A-RH, 89-C-
RH, AND 92-RH, CONSIST OF 13.7 ACRES GROSS TO BE DIVIDED INTO THREE
PARCELS AS FOLLOWS: PARCEL 1 - 8.40 ACRES GROSS, 6.53 ACRES NET;
PARCEL 2 - 3.02 ACRES GROSS, 2.39 ACRES NBT; AND PARCEL 3 - 2.8 ACRES
GROSS, 2.12 ACRES NET.
City Manager Nealis reported that the Planning Commission has not taken action on this
case and it is recommended to be continued to the next regular City Council meeting
scheduled for Monday, January 22, 1996.
Hearing no objection, Mayor Pernell ordered that the public hearing regarding Zoning
Case No. 453 be continued to the regular City Council meeting to be held on Monday,
January 22, 1996.
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ZONING CASE NO. 520, SUBDIVISION NO. 88 AND TENTATIVE PARCEL MAP
N0. 23991 �
REQUEST FOR A PROPOSED 2-LOT SUBDIVISION OF LAND AT LOT 79-RH,
AND CURRENTLY, 17 PORTUGUESE:.BEND ROAD, ROLLING HILLS, CA, AN
_ ��:;.��,
EXISTING LOT THAT HAS ONE RESiD�NTIAL UNIT, TO BE IMPLEMENTED BY
DR. ROBERT W. MARSHALL. LOT 79-RH CONSISTS OF 5.39 ACRES GROSS TO
BE DIVIDED INTO TWO PARCELS AS FOLLOWS: PARCEL 1 - 2.887 ACRES
GROSS, 2.267 ACRES NET; AND PARCEL 2 - 2.505 ACRES GROSS, 2.005 ACRES
NET.
City Manager Nealis introduced Zoning Case No. 520. Principal Planner Ungar presented
the staff report outlining the applicant's request and the Planning Commission's
recommendation to deny this Zoning Case. In response to Mayor Pernell, Principal
Planner Ungar stated that the Planning Commission considered the width of Parcel No. 1
and included this as a part of their findings.
Mayor Pernell opened the public hearing and called for testimony.
• Mr. Doug McHattie, South Bay Engineering, explained the various points in his letter
to Principal Planner Ungar dated January 4, 1996, addressing the concerns raised by the
Planning Commission. He stated that he feels that the proposed plan had been
developed in conjunction with suggestions from the Planning Commission during
their review. Mr. McHattie further stated that he feels that a developed lot with
controlled drainage would lessen the water run-off and benefit neighboring properties.
He further explained that the applicant would grant the trail easement located at the
western portion of Parcel 1 to the Rolling Hills Community Association. In response to
Mayor Pernell, Mr. McHattie stated that the trail was included in his net lot area
calculations. In response to Councilmember Lay, Mr. McHattie explained how he
calculated the net lot area.
City Manager Nealis explained the definition of net lot area as stated in the Zoning Code.
Staff was directed to further review this definition as it relates to the Subdivision Code.
• Dr. James C. Roberts Jr., 15 Portuguese Bend Road, read his letter dated January 8, 1996,
outlining his concerns regarding the proposed subdivision into the record and
provided the original letter to City Manager Nealis.
• Mrs. Joan Foxx, 3 Lower Blackwater Canyon Road, expressed concerns relating to the
view of the proposed subdivision from her property, grading necessary for the proposed
driveway, and loss of native vegetation. Mrs. Fox also stated that she feels that she
would like to see the rural character of Rolling Hills maintained.
• Dr. Robert W. Marshall, applicant, addressed the Council regarding the Planning
Commission review of his proposed subdivision. He explained that he requested that
the Commission advise him as to what he would need to do in order to receive
Planning Commission approval of his project. He stated that he worked with his
consultants to incorporate the Planning Commission's recommendations into his
proposed plans. He expressed that at the field trip, he felt that the Commission liked
his plan. In response to Mayor Pernell, Dr. Marshall stated that Mr. McHattie of South
Bay Engineering indicated that he felt that the Planning Commission was pleased with
his plan and that it looked like it would be approved. Mayor Pernell explained that
until the Planning Commission actually takes action on a project that such comments
are strictly hearsay. Dr. Marshall expressed concern that the Planning Commission
denied his proposed subdivision. He stated that he would like to have been able to
° work out, on his plans, the concerns that the Commission raised during their
,:
discussions relative to their denial of his proposed subdivision. Dr. Marshall further
explained the Fire Department weed clearance requirements as they relate to his
property. Dr. Marshall stated that he feels that the City Council would find it difficult to
overturn a denial by the Planning Commission and that he would like to amend his
plans addressing concerns raised by the Planing Commission and return it to the
Commission for further review. Dr. Marshall expressed concern regarding Dr. Roberts'
objections to his project.
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In response to Dr. Marshall, T1layor Pernel� expiained that the City has an experienced
Planning Commission. In response to Mayor Pernell, Dr. Marshall stated that he would
like for the City Council to remand his project back to the Planning Commission.
City Manager Nealis explained the Fire Department weed clearance requirements. City
Manager Nealis also explained the City Council's options regarding this case, indicating
that the City Council may move forward and consider the case as presented or remand it
back to the Planning Commission for review of the changes that the applicant has
previously indicated are in the works.
• Mrs. Joan Foxx, 3 Lower Blackwater Canyon Road, addressed the City Council regarding
the Fire Department weed clearance requirements relating to her property and Dr.
Marshall's property.
• Dr. James C. Roberts, Jr., 15 Portuguese Bend Road, stated that he excused himself from
consideration of the proposed subdivision when it was before the Community
Association Board of Directors. Dr. Roberts also stated that he attended the three
Planning Commission meetings at which the proposed subdivision was considered and
did not come forward at the end as stated by Dr. Marshall.
In response to Councilmember Lay, Dr. Roberts explained that he stated his objections to
the proposed subdivision at the Planning Commission level.
• Mr. Doug McHattie, South Bay Engineering, addressed the Council regarding the Fire
Department weed clearance requirements.
Mayor Pernell stated that he feels that there are a numlber of other issues in addition to the
Fire Department weed clearance that should be taken into consideration. Mayor Pernell
clarified that an application for a subdivision does not guarantee that a subdivision will be
approved. Mayor Pernell stated that he feels that the concerns raised by the Planning
Commission were significant and that he would be in favor of further Planning
Commission review of a revised plan. - -
Councilmember Lay stated that he feels that all applicants have an �,r portunity to work
during Planning Commission review to develop their proposal �to satisfy Planning
Commission concerns and applicant's needs. Councilmember Lay stated that he feels that
if the City Council remands this case back to the Planning Commission that specific
instructions as to what the Council wishes them to review relative to this case should be
identified. He stated that he could not support this subdivision unless specific instructions
are offered for Planning Commission review.
Mayor Pro Tem Murdock indicated that since apparently there is another plan in the
works, she suggested that the City Council request that the amended plan be brought before
the City Council for review and remanded back to the Planning Commission if it addresses
the issues that the Planning Commission raised. Councilmembers concurred with Mayor
Pro Tem Murdock's suggestion.
Councilmemlbers discussed the Planning Commissions concerns re�ative �o the proposeci
subdivision and concurred that the findings in the Planning Commission's resolution
should be the basis for the revised plans. Mayor Pernell suggested that the calculations
relative to net lot area need to be worked out with staff.
Mayor Pro Tem Murdock expressed concern regarding the fact that the applicant indicated
that it was a surprise that the Planning Commission took exception to the 17% driveway
slope since they had not raised that question prior to that particular discussion. She stated
that the City's Ordinance clearly states driveway requirements and that applicants plans
should conform to the Code.
Mayor Pernell suggested that the City Council continue this public hearing on the agenda
to allow time for the applicant's representative to explain what action the City Council is
considering taking relative to his proposal. Hearing no objection, this was so ordered by
Mayor Pernell.
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. c; ,b -. . .. , ,� , .. .
OLD BUSINESS �'�p
'`�r"Lz�4 iS��H;Fl�:�,e�•,
TENTATIVE PARCEL MAP NO. 23594 IN ZONING CASE NO. 485, AND
SUBDIVISION NO. 87 �
REQUEST FOR ONE YEAR TIME EXTENSION.
MR. AND MRS. COSIMO OCCHIPINTI, 34 CREST ROAD EAST (LOT 57-MS).
City Manager Nealis presented the staff report outlining the applicant's request.
Councilmember Lay moved that the City Council adopt Resolution No. 773 granting a one
year time extension. Councilmember Hill seconded the motion which passed
unanimously.
OPEN AGENDA-APPROXIMATELY 8:00 P.M. -PUBLIC COMMENT WELCOME
None.
NEW BUSINESS
CONSIDERATION OF APPOINTMENTS TO THE PLANNING COMMISSION.
City Manager Nealis presented the staff report. He also reported that a letter from Roger
Sommer expressing a desire to serve on the Planning Commission had been received via
fax today. Councilmembers concurred that the City Council should accept Mr. Sommer's .
letter. Mayor Pro Tem Murdock stated that it is the City Council's policy to encourage
participation whenever possible.
Hearing no further discussion, Mayor Pernell called for a motion. . .
Councilmember Lay moved that the City Council reappoint Commissioners Evie Hankins
and Betsy Raine for two year terms and Commissioners Allan Roberts and Arvel Witte _for
three year terms and that the City Council Personnel Subcommittee conduct interviews of
those who submitted letters of interest to serve on the Planning Commission to fill the
one year term vacancy created by the resignation of Roger Frost. Mayor Pro Tem Murdock
seconded the motion which passed unanimously.
ZONING CASE 1�T0. 520, SUBDIVISION NO. 88 AND TENTATIVE PARCEL MAP
NO. 23991 �
REQUEST FOR A PROPOSED 2-LOT SUBDIVISION OF LAND AT LOT 79-RH,
AND CURRENTLY, 17 PORTUGUESE BEND ROAD, ROLLING HILLS, CA, AN
EXISTING LOT THAT HAS ONE RESIDENTIAL UNIT, TO BE IMPLEMENTED BY
DR. ROBERT W. MARSHALL. LOT 79-RH CONSISTS OF 5.39 ACRES GROSS TO
BE DIVIDED INTO TWO PARCELS AS FOLLOWS: PARCEL 1 - 2.887 ACRES
GROSS, 2.267 ACRES NET; AND PARCEL 2 - 2.505 ACRES GROSS, 2.005 ACRES
NET.
Mayor Pernell reopened the continued public hearing. Mr. Doug McHattie, South Bay
Engineering, stated that the applicant respectfully requests the opportunity to present an
amended plan to the City Council at their next regularly scheduled meeting. City Manager
Nealis explained that pursuant to the Subdivision Code, the City Council must take action
on this case.at their January 22, 1996 meeting.
Hearing no objection, Mayor Pernell continued the public hearing to the regular City
Council meeting to be held on Monday, January 22, 1996.
CONSIDERATION OF APPOINTMENTS TO THE TRAFFIC COMMISSION.
City Manager Nealis presented the staff report.
Mayor Pro Tem Murdock moved that the City Council reappoint Commissioners V'Etta
Virtue and John Margeta for two year terms. Councilmember Frank Hill seconded the
motion which passed unanimously.
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CONSIDERATION OF APPOINTMENTS TO THE WILDLIFE PRESERVATION
COMMITTEE.
Mayor Pro Tem Murdock moved that the City Council reappoint Committee Members
Roger Sommer, Pam Crane, Don Gales, Steve Schultz and Arvel Witte for four year terms.
Councilmember Hill seconded the motion which passed unanimously.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
None.
MATTERS FROM STAFF
None.
MATTERS FROM THE CITY ATTORNEY
None.
ADjOURNMENT
Hearing no further business before the City Council, Mayor Pernell adjourned the meeting
at 8:45 p.m. to the next regularly scheduled meeting of the City Council to be held on
Monday, January 22, 1996. -
Respectfully submitted,
�'- ��=-e��--�
Marilyn L. Kern
Deputy City Clerk
Approved,
:
re Perne , .D.S.
Mayor
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