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2/20/1997MINUTES OF AN ADJOURNED REGULAR MEETING OF THE- CITY -COUNCIL O� TIDE CITY OF ROLLING HILLS, CALIFORNIA FEBRUARY 20, 1997 CALL TO ORDER An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Murdock at 7:30 a.m., at 40 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Hill, Pernell Mayor Pro Tem Lay and Mayor Murdock. Councilmembers Absent: None. Others Present: Craig R. Nealis, City Manager. Lola Ungar, Principal Planner. Doug McHattie, South Bay Engineering. Dr. Richard Oas, Applicant. PUBLIC HEARINGS ZONING CASE NO. 542 DR. AND MRS. RICHARD OAS, 40 PORTUGUESE BEND ROAD (LOT 119-RH) REQUEST FOR SITE PLAN REVIEW FOR THE CONSTRUCTION OF SUBSTANTIAL ADDITIONS TO AN EXISTING SINGLE FAMILY RESIDENCE. Mayor Murdock opened the continued public hearing. South Bay Engineering representative Doug McHattie presented those in attendance with an overview identifying the flags outlining the proposed residential improvements. Councilmembers questioned the increase of the pad height at the westerly most portion of the structure. Mr. McHattie responded that the pad would be elevating approximately 30 feet. Staff questioned this description and reviewed the plan that was presented to the Planning Commission. Mr. McHattie corrected his comments and indicated that the pad would be rising approximately 4 feet at the westerly most portion of the structure. Following review of the site, Mayor Murdock continued the public hearing to the regular City Council meeting to be held on Monday, February 24, 1997. ADIOURNMENT Hearing no further business before the City Council, Mayor Murdock adjourned the meeting at 7:42 a.m., to a regular meeting scheduled for Monday, February 24, 1997 beginning at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road, rolling Hills, CA 90274. Approved, i Jody i'6c­k Mayor Minutes City Council Meeting 02/20/97 Respectfully submitted, CraA R. Nealis City Clerk -1- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA FEBRUARY 24, 1997 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Murdock at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Hill, Pernell, Mayor Pro Tem Lay and Mayor Murdock. Councilmembers Absent: None. Others Present: Craig R. Nealis, City Manager. Mike Jenkins, City Attorney. Lola Ungar, Principal Planner. 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(1). Minutes - City Council/ Planning Commission Joint Study Session of February 3, 1997. a(2). Minutes - Regular Meeting of February 10, 1997. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of January, 1997. RECOMMENDATION: Approve as presented. d. Annual Financial Statement for FY 1995-96. RECOMMENDATION: Approve as presented. e. Report regarding appointments to the Rolling Hills Traffic Commission and Wildlife Preservation Committee. RECOMMENDATION: Receive and file. Councilmember Heinsheimer moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Pernell seconded the motion which carried unanimously. SPECIAL PRESENTATIONS PRESENTATION OF A PLAQUE TO JOAN PERKINS FOR HER OUTSTANDING COMMUNITY SERVICE AS A MEMBER OF THE CITY OF ROLLING HILLS TRAFFIC COMMISSION. Mayor Murdock presented a plaque to Joan Perkins and thanked her for serving on the Rolling Hills Traffic Commission. PRESENTATION OF A PLAQUE TO ARVEL WITTE FOR HIS OUTSTANDING COMMUNITY SERVICE AS A MEMBER OF THE CITY OF ROLLING HILLS WILDLIFE PRESERVATION COMMITTEE. Mayor Murdock presented a plaque to Arvel Witte and thanked him for serving on the Rolling Hills Wildlife Preservation Committee. Minutes City Council Meeting 02/24/97 -1- PLANNING COMMISSION ITEMS RESOLUTION NO. 97-2: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND DENYING A REQUEST FOR A VARIANCE TO PERMIT AN ENCROACHMENT INTO THE FRONT YARD SETBACK OF A STABLE AND: CORRAL IN ZONING CASE NO. 545A. Ms. Kelly Tsou, 6 Ringbit Road, West (Lot 8 -A -2 -SF). City Manager Nealis presented the staff report and Planning Commission action relative to Zoning Case No. 545A. Councilmember Pernell stated that the proposed project is 1,100 feet from his residence and declared that this project will not have a monetary effect of more than $10,000 on his property therefore, he will participate. Hearing no discussion and no objection Mayor Murdock ordered that Resolution No. 97-2 be received and filed. RESOLUTION NO. 97-3: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A REQUEST FOR MODIFICATIONS TO AN APPROVED CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A SUBTERRANEAN TENNIS COURT IN ZONING CASE NO. 548. Mr. John Z. Blazevich, 1 Buggy Whip Drive (Lot 176 -A -MS and a portion of Lot 176 - MS). RESOLUTION NO. 97-4: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR MODIFICATIONS TO AN APPROVED SITE PLAN REVIEW APPLICATION TO ALLOW INCREASED GRADING FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENTIAL DEVELOPMENT IN ZONING CASE NO. 548. Mr. John Z. Blazevich, 1 Buggy Whip Drive (Lot 176 -A -MS and a portion of Lot 176 - MS). City Manager Nealis presented the staff report and Planning Commission action relative to Zoning Case No. 548. Councilmember Heinsheimer stated that he will abstain from participation due to the project's proximity to his residence. In response to Councilmember Pernell, City Manager Nealis explained that objections to this project focused on pad height, the unfinished berm on the north west corner of the property and landscaping. City Manager Nealis stated that the applicant has verbally indicated that the berm on the northwest corner of the property is not finished and that the area will be smoothed out and landscaped. He also explained the view concerns caused by the tress planted by the applicant and the status of negotiations between Mr. Blazevich and his neighbors. He stated that a new preliminary landscape plan is required to be submitted by the applicant as a condition of the Planning Commission approval. In response to Mayor Pro Tem Lay, City Manager Nealis reported that the applicant did not seek approval from the City for the additional grading and that it has been completed. He stated that the County alerted the City to this situation when they received an amended grading plan. Mayor Pro Tem Lay requested that the City Council take jurisdiction of this case. Hearing no objection, Mayor Murdock ordered that the City Council take jurisdiction of Zoning Case No. 542. Staff was directed to schedule a public hearing for the Monday, March 10, 1997 City Council meeting. RESOLUTION NO. 97-6: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO PERMIT THE CONSTRUCTION OF A RETAINING WALL AND GRANTING A VARIANCE TO ENCROACH INTO THE SIDE YARD SETBACK TO PERMIT THE CONSTRUCTION OF THE SAME RETAINING WALL IN ZONING CASE NO. 549. Mr. and Mrs. Albert E. M. Tsai, 8 Bowie Road (Lot 5 -CRA). Minutes City Council Meeting 02/24/97 -2- City Manager Nealis presented the staff report and Planning Commission action relative to Zoning Case No. 549. Mayor Pro Tem Lay abstained from consideration of Resolution No. 97-4 due to the project's proximity to his residence. In response to Councilmember Pernell,=' City Manager Nealis reported that tle;;yPlaririirig . Commission unanimously adopted Resolution No. 97-6. '' HJT f vayr. Hearing no further discussion and no objection, Mayor Murdock ordered that Resolution No. 97-6 be received and filed. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS -CONTINUED ZONING CASE NO. 542 DR. AND MRS. RICHARD OAS, 40 PORTUGUESE BEND ROAD (LOT 119-RH) AN APPEAL OF A PLANNING COMMISSION APPROVAL OF A REQUEST FOR SITE PLAN REVIEW FOR THE CONSTRUCTION OF SUBSTANTIAL ADDITIONS TO AN EXISTING SINGLE FAMILY RESIDENCE. City Manager Nealis presented the staff report. Mayor Murdock called for testimony. Councilmember Heinsheimer commented on the condition that the applicant needs RHCA approval and recordation of the reduction of the southern 25 foot easement to 10 feet to prevent the need for a Variance. He suggested that the applicant complete this process before the City Council takes final any action. In response to Councilmember Heinsheimer, Dr. Richard Oas, applicant, explained that the RHCA has approved his request for the easement reduction and that he needs to record the document. Mayor Murdock explained that the City Council is concerned that the project may be approved and that the document may not be recorded. In response to Councilmember Pernell, Dr. Oas explained that he has every intention of recording the document and accepts the condition of approval that the document be recorded. City Manager Nealis reported that Planning Commission Resolution No. 97-1 requires that prior to the submittal of a final grading plan to the County for plan check, an Agreement between the applicant and the RHCA to reduce the easement shall be recorded, or the approval shall not be effective. Hearing no further testimony, Mayor Murdock closed the public hearing. In response to Councilmember Heinsheimer, City Manager Nealis explained the landscape bonding requirement and City Attorney Jenkins explained that there is a 5 year time limit for completion of a project once permits have been received and construction has commenced. He also said that if an applicant does not begin a project within a specified amount of time, the approval terminates. In response to Councilmember Heinsheimer, Councilmember Pernell stated that there have been projects in the City that have not moved along in a timely manner. He suggested that the City Council ask the Planning Commission or legal counsel as to how assurances can be made that projects move along and what recourse the City would have if they did not. Councilmember Pernell moved that the City Council direct staff to prepare a Resolution of Approval in Zoning Case No. 542. Councilmember Hill seconded the motion. In response to Councilmember Heinsheimer, Mayor Murdock explained that the plan as approved by the City Council is subject to inspection and enforcement by the County. City Manger Nealis explained the Municipal Code provides for a process for modifications to approved plans either at the staff level or further Planning Commission review. Councilmember Heinsheimer expressed concern that the plan presented by the applicant for improvements to the residence, give an impression of two houses being connected by a wall. City Manager Nealis explained that the Building Code only permits one kitchen. Councilmember Heinsheimer suggested that the applicant remove the line on the plans. Minutes City Council Meeting 02/24/97 -3- Dr. Oas stated that line delineates the existing residence from the proposed addition and that it is his intention to only build one residence. He stated that the line can be removed. In response to Councilmember Heinsheimer, City Manager Nealis stated that the plans accurately depict the grade elevations. Mayor Murdock called for a vote on motion on the floor to direct staff to prepare a Resolution of Approval in Zoning Case No. 542. The motion carried unanimously. OLD BUSINESS None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. NEW BUSINESS ORDINANCE NO. 268-U: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING CHAPTER 10.80 OF TITLE 10 OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO PARKING CITATION PROCESSING PROCEDURES AND DECLARING THE URGENCY THEREOF. City Manager Nealis presented the staff report outlining the provisions in Ordinance No. 268-U. Hearing no discussion, Mayor Murdock called for a motion. Councilmember Heinsheimer moved that the City Council waive further reading and adopt Ordinance No. 268-U. Mayor Pro Tem Lay seconded the motion which carried unanimously. ORDINANCE NO. 268: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING CHAPTER 10.80 OF TITLE 10 OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO PARKING CITATION PROCESSING PROCEDURES. Councilmember Heinsheimer moved that the City Council waive further reading and introduce Ordinance No. 268. Councilmember Pernell seconded the motion which carried unanimously. Mayor Murdock ordered that this item be continued to the next meeting for consideration of second reading and adoption. CONSIDERATION OF A PROPOSED AGREEMENT BETWEEN METRICOM, INC. AND THE CITY OF ROLLING HILLS FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF WIRELESS DIGITAL COMMUNICATIONS RADIOS WITHIN THE LIMITS OF THE CITY. City Manager Nealis presented the staff report. Mr. Richard Bartoccini, Metricom Representative, presented an explanation on how the wireless digital communication devices work. In response to Councilmember Hill, Mr. Bartoccini explained that Metricom has not experienced any instances of interference with other electronic devices. He explained that Metricom is regulated by the FCC and a requirement for obtaining FCC approval is that such a device cannot interfere with other devices operating in their band width. Councilmember Pernell expressed concern for obligating the City for five years for such a new technology. He expressed concern that the devises are designed to mount on utility poles and stated that the City is striving to remove utility poles. Mr. Bartoccini explained the wireless technology used by Metricom. He indicated that placement of the equipment in Rolling Hills will be a challenge due to terrain. Councilmember Heinsheimer stated that he would like to see the system integrated into the emergency response system of the Sheriff and Fire Departments. In response to Mayor Pro Tem Lay, Mr. Bartoccini stated that the agreement could be amended to stipulate that if Metricom has not established itself in Rolling Hills within one year, that the agreement will be null and void. Mr. Bartoccini explained that the City of Rancho Palos Verdes has approved the agreement and that the agreement is scheduled Minutes City Council Meeting 02/24/97 -4-