1/13/1997 MINUTES OF A
REGULAR MEETING OF THE
CITY COUNCIL
OF THE
CITY OF ROLLING �-iILLS, CALIFORNIA
JANi1�ARY 13;`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: Hill, Pernell, Mayor Pro Tem Lay and Mayor Murdock.
Councilmembers Absent: Councilmember Heinsheimer (excused).
Others Present: Craig R. Nealis, City Manager.
Lola Ungar, Principal Planner.
Marilyn L. Kern, Deputy City Clerk.
Lata Thakar, District Engineer, Los Angeles County
Department of Public Works, Building & Division.
Dan Heil, President, Willdan Associates.
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 - Regular Meeting of November 25, 1996.
(2)Minutes - Adjourned Regular Meeting of December 17, 1996.
RECOMMENDATION: Approve as presented.
b. (1)Payment of Bills - December 9, 1996.
(2)Payment of Bills - December 23, 1996. �
(3)Payment of Bills - January 13, 1996. �
RECOMMENDATION: Approve as presented.
c. Financial Statement for the month of November, 1996.
RECOMMENDATION: Approve as presented.
d. (1)BFI City of Rolling Hills Monthly Recycling Tonnage Report for October,
1996.
(2)BFI City of Rolling .Hills Monthly Recycling Tonnage Report for
November, 1996.
RECOMMENDATION: Receive and file.
e. Nuisance abatement proceedings regarding the Campbell property and an
abandoned vehicle.
RECOMMENDATION: �Zeceive and file.
Councilmember Hill moved that the City Council approve the recommendations in the
Consent Calendar. Councilmember Pernell seconded the motion which carried
unanimously (Heinsheimer absent).
PLANNING COMMISSION ITEMS
RESOLUTION NO. 96-21: A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL TO
PERMIT THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE IN
ZONING CASE NO,. 546.
MR. AND MRS. RUSSELL COLE SHOEMAKER, 18 EASTFIELD DRIVE (LOT 69-A-
EF).
Mayor Murdock reported that her residence is within 400 feet of the proposed project. She
declared that the proposed improvements to the property at 18 Eastfield Drive will not
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have an economic effect of $10,000 or more on her property and indicated that she will
participate in considering Resolution No. 96-21.
Principal Planner Ungar presented the staff report outlining the applicants' request and
Planning Commission action. Hearing no discussion, Mayor Murdock called for a motion.
Mayor Pro Tem Lay moved that the City Council receive and file Resolution No. 96-21.
Councilmember Hill seconded the motion. Hearing no objection, Mayor Murdock so
ordered.
TRAFFIC COMMISSION ITEMS �
CONSIDERATION OF A TRAFFIC COMMISSION RECOMMENDATION
REGARDING A REQUEST FOR EQUESTRIAN CROSSINGS ON POPPY TRAIL.
City Manager Nealis presented the staff report outlining the Traffic Commission
recommendation regarding this item.
Mayor Pro Tem Lay moved that the City Council approve the recommendation of the
Traffic Commission.
Dr. Richard Henke, President, RHCA Board of Directors and member of the Traffic
Commission, stated that he reviewed the plan submitted by the Traffic Engineer and
expressed concern regarding the recommended number of warning signs.
Discussion ensued regarding the need for the proposed equestrian crossings, and the
proposed number of signs. Councilmember Pernell suggested that the City Council return
this matter to the Traffic Commission and Traffic Engineer for further review. He stated
that the Traffic Engineer may be able to devise an alternative plan.
Councilmember Pernell moved that the City Council refer this item back to the Traffic
Commission and Traffic Engineer for further review of the recommended signs for the
equestrian crossings. Mayor Pro Tem Lay withdrew his previous motion and seconded the
motion which carried unanimously.
PUBLIC HEARINGS
None.
OLD BUSINESS
CONSIDERATION OF A REPORT REGARDING THE STATUS OF
CONSTRUCTION AT 10 UPPER BLACKWATER CANYON ROAD (LOT 84-2-RH),
MR. MURRAY SMITH.
City Manager Nealis presented the report. Mayor Murdock stated that this project has been
approved by the City and was placed on the agenda for informational purposes only in
response to concerns raised by Dr. and Mrs. Ish.ak.
Mr. Steve Cummins, Civil Engineer, stated that Dr. and Mrs. Ishak have requested that h e
present their opinions regarding this issue. He presented a cross-section of the proposed
project showing the existing grade prior to any construction, the current grade and a grade
that the Ishaks would prefer.
In response to Councilmember Pernell, Mr. Cummins stated that he feels that the project
is not in substantial conformance with the approved plan. He said that the Ishaks feel that
the project does not fit with the natural topographic features of the land as well as other
conditions in the Resolution of Approval nor does it conform to the approved plan. Mr.
Cummins stated that he takes exception to the findings of the Cit�s engineering
consultant. Mr. Cummins stated that he feels that the pad was lowered by three feet prior
to Dr. and Mrs. Ishak's complaint regarding this project due to a construction problem and
not to mitigate the Ishak's concerns for the height of the pad. He also pointed out on the
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overlay plan various trees that were required,to.be removed due to the change in the pad
height � ,�<<;}� ,9����,;;��,���y;;;
In response to Councilmember Pernell, Mr. Cummins stated that the Ishak's preferred
plan has not been presented to 'Mr. Smith. In response to Councilmember Pernell, City
Manager Nealis stated that this is not a public hearing and that there is not an application
pending before the City Council. He said that staff has determined that the project is i n
substantial conformance with the approved plan based upon review by Los Angeles
County Department of Building and Safety, a private engineering company review and
staff field inspections of the site. He explained that the project was reviewed by the
Planning Commission on no less than two occasions in duly noticed public hearings and
that no one came forward during that process to oppose the project or appealed the project
within the required time frame under the Municipal Code.
In response to Dr. Ishak, Mayor Murdock explained the public hearing notice process and
appeal provisions for projects.
Dr. Ishak, 8 Upper Blackwater Canyon Road, stated that when the project first began, he
had no idea that it would look as it does today. He further stated that he came forward
with his objections as soon as the effect that this project has on the neighborhood became
obvious to him.
Mayor Murdock stated that not every project in the City is a perfect project, however, some
projects may serve as learning tools for the City Council and Planning Commission. She
said that as long as the project is in compliance with the approved plan, the City Council
cannot take action. Councilmember Pernell stated that he feels that in cases such as these,
residents are encouraged to work neighbor to neighbor to resolve their differences. Dr.
Ishak explained various meetings with Mr. Smith regarding his concerns for the project.
In response to Dr. Ishak, Mayor Pro Tem Lay explained that the Los Angeles County
Department of Building and Safety inspect projects to ensure that they are in conformance
with the approved plans.
Ms. Lata Thakar, District Engineer, Los Angeles County, stated that the County has
reviewed this project and found it to be in conformance with the approved plan. She
explained various measurements taken on the property.
In response to Councilmember Pernell, City Manager Nealis stated that the original
reduction of the pad elevation occurred when the City attempted to get the property
owners to work closer together to satisfy Dr. Ishak's concerns. He said that at that point the
Ishak's concerns were focused on the steepness of the slopes and the height of the pad.
Mr. Dan Heil, Willdan Associates, stated that he has reviewed the project and found it to
be in conformance with the approved plan. He said that it has been his experience with
hillside construction that these projects usually require some minor changes in the field.
Mr. Heil stated that landscaping will lessen the impact of this project on the neighborhood.
Mrs. Lynn Ishak, Vice President of Caballeros, 8 Upper Blackwater Canyon Road, stated
that she feels that there is no access way to the proposed stable and corral area on this
property.
City Manager Nealis pointed out on the plan the area that was proposed to provide access
to the stable and corral area. He reported that it involves clearing out existing structures
and growth in the easement. Mrs. Ishak stated that she feels that this area is too steep to
provide access.
Mr. William Hassoldt, 10 Pine Tree Lane, expressed concern regarding the impact of the
project as viewed from his property. He provided photographs of the project taken from
his property. He stated that he feels that the grading does not follow the natural terrain
and expressed concern for the impact that the Fire Department weed clearance standards
will have on the property. He stated that he feels that there is no access to the proposed
stable and corral area.
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In response to Dr. Ishak, Mayor Murdock stated that the City Council must rely on the
City's professionals for information. She said that these professionals have reviewed the
project and the concerns he has raised and have made findings that this case is in
substantial conformance with the approved plan. She indicated that the City Council
understands that Dr. Ishak is not comfortable with these findings.
Hearing no further discussion, Mayor Murdock thanked those in attendance for their
comments regarding this issue and ordered that the report be received and filed.
OPEN AGENDA -APPROXIMATELY 8:00 P.M. -PUBLIC COMMENT WELCOME s
• Mr. A1 Esser, 71 Crest Road East, presented his memorandum dated December 4, 1996,
regarding clearing of brush from the bottom a portion of Paint Brush Canyon.
NEW BUSINESS
CONSIDERATION OF A REPORT REGARDING THE POSSIBILITY OF
UNDERGROUNDING CABLE TELEVISION BOXES WHEN THEY ARE
REPLACED, REPAIRED OR UPGRADED IN THE CITY OF ROLLING HILLS.
City Manger Nealis presented the staff report. Dr. Richard Henke, President, RHCA Board
of Directors, commented on the number of above ground cable facilities in the City.
Mr. Steve Fowler, Vice President and General Manager, Cox Communications, presented
an overview of the cable company's policy regarding above ground amplifier pedestals
installed in Rolling Hills. Mr. Fowler reported that the locations of the pedestals were
discussed with the property owners when they were installed. He also stated that there
have been no new above ground. cable facilities installed in Rolling Hills since the initial
construction in 1993. In response to Councilmember Pernell, Mr. Fowler stated that the
system was built with the concept of at least a twenty year life.
Mayor Pro Tem Lay indicated that the property owner and the RHCA should be consulted
whenever a cable facility involves an easement. With no further action on this item
necessary, Mayor Murdock ordered that the report be received and filed.
CONSIDERATION OF RE-APPOINTMENT TO THE ROLLING HILLS PLANNING
COMMISSION.
City Manager Nealis presented the staff report. Hearing no discussion, Mayor Murdock
called for a motion.
Councilmember Pernell moved that the City Council re-appoint Mr. Roger Sommer to a
three year term on the Planning Commission expiring in January, 2000. Mayor Pro Tem
Lay seconded the motion which carried unanimously.
CONSIDERATION OF RE-APPOINTMENT TO THE ROLLING HILLS TRAFFIC
COMMISSION.
City Manager Nealis presented the staff report. The City Council accepted the resignation
of Traffic Commissioner Joan Perkins and directed staff to advertise for a vacancy on the
Traffic Commission.
CONSIDERATION OF A REQUEST - BY THE PALOS VERDES PENINSULA
LIBRARY FOUNDATION FOR THE .CITY'S PARTICIPATION BY APPOINTING
AN EX-OFFICIO BOARD MEMBER ON THE PALOS VERDES PENINSULA
LIBRARY FOUNDATION.
City Manager Nealis presented the staff report. Councilmembers discussed the request and
declined to participate. Hearing no objection, Mayor Murdock ordered that the request be
received and filed.
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CONSIDERATION OF A STAFF RECOMMENDATION TO SOLICIT PROPOSALS
FOR DESIGN SERVICES TO DEVELOP PLANS AND SPECIFICATIONS FOR THE
CITY OF ROLLING HILLS EMERGENCY GENERATOR HOUSING STRUCTURE
AND GENERATOR INSTALLATION�/CONNECTION PROJECT. RESOLUTION
NO. 803: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING
HILLS REQUESTING PROPOSALS�FO'TZ�'II�ESIGN SERVICES TO DEVELOP PLANS
AND SPECIFICATIONS FOR THE PROPOSED ROLLING HILLS EMERGENCY
GENERATOR HOUSING STRUCTURE AND GENERATOR
INSTALLATION/CONNECTION PROJECT.
City Manager Nealis presented the staff report. Hearing no discussion, Mayor Murdock
called for a motion.
Councilmember Pernell moved that the City Council adopt Resolution No. 803. Mayor
Pro Tem Lay seconded the motion which carried unanimously.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
• Mayor Pro Tem Lay commented on the Emergency Generator Project. Staff was
directed to prepare a budget and history report regarding this project. Councilmember
Hill provided a brief synopsis of the emergency generator project.
• Mayor Murdock announced that she was unable to attend the Association for Retarded
Citizens -- South Bay Luncheon and requested that staff extend her regrets if no one else
was able to attend.
• Mayor Murdock proposed February 3, 1997, as a date for a joint meeting with the
Planning Commission and requested that.Councilmembers check their calendars to see
if this date meets with their schedule.
• Mayor Murdock announced that the City Council will celebrate its 40th year of
incorporation with a reception at the next City Council meeting on Monday, January 27.
• Councilmember Pernell requested that an article be placed in the Citywide Newsletter
regarding the California Water Service Company project on Portuguese Bend Road.
• Councilmember Pernell suggested that the City Council consider conducting a joint
meeting with the RHCA Board of Directors. Staff was directed to work with the Mayor
on this suggestion.
MATTERS FROM STAFF
None.
Mayor Murdock reported that the necessity to discuss the matter from the City Attorney i n
a closed session which came to the attention of the City Attorney after the Agenda was
finalized. Mayor called for the City Council to add a closed session to this evening's
Agenda to consider the Tiburon matter. With the concurrence of the entire City Council
members in attendance (4), a closed session was added to the Agenda to discuss the matter
in closed session. Hearing no objection, Mayor Murdock recessed the meeting at 9:40 p.m.,
to a closed session.
MATTERS FROM THE CITY ATTORNEY
CONSIDERATION OF A REQUEST FROM THE CITY OF TIBURON FOR AMICUS
PARTICIPATION.
Mayor Murdock recessed the meeting to a closed session at 9:41. At 9:45 p.m.,
Councilmembers reconvened in open session and City Manager Nealis announced that
during closed session, Councilmembers agreed that the City join in an Amicus Brief in
name only, without any financial obligation, on behalf of the City of Tiburon.
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ADTOURNMENT
Hearing no further business before the City Council, Mayor Murdock adjourned the
meeting at 9:46 p.m., to the next regularly scheduled meeting of the City Council to be held
on Monday, January 27, 1997.
Respectfully submitted,
� K
Marilyn L. ern
Deputy City Clerk
Approved,
Jody urd k
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