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3/10/1997MINUTES OF A REGULAR MEETING OF THE CITY`COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MARCH 10, 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: Heinsheimer (excused). Others Present: Craig R. Nealis, City Manager. Mike Jenkins, City Attorney. Larry Courtright, City Treasurer. 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 - Adjourned Regular Meeting of February 20, 1997. a(2). Minutes - Regular Meeting of February 24, 1997. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. FY 1997-98 Municipal Budget Preparation. RECOMMENDATION: Receive and file. d. Correspondence from BFI regarding monthly Recycling Report for January, 1997. RECOMMENDATION: Receive and file. Councilmember Hill moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Pernell seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS ZONING CASE NO. 548, AN APPEAL OF A PLANNING COMMISSION APPROVAL OF A REQUEST FOR A MODIFICATION TO A CONDITIONAL USE PERMIT TO RELOCATE A TENNIS COURT TO A BASEMENT BENEATH GARAGES AND STORAGE AREAS AND A REQUEST FOR A MODIFICATION TO A SITE PLAN REVIEW TO INCREASE GRADING ON A SITE WHERE A SINGLE FAMILY RESIDENCE, GARAGES, GUEST HOUSE, POOL, TENNIS COURT, AND STABLE HAVE BEEN APPROVED. MR. JOHN Z. BLAZEVICH, 1 BUGGY WHIP DRIVE (LOT 176 -A -MS AND A PORTION OF LOT 176 -MS). Action Memorandum City Council Meeting 03/10/97 -1- City Manager Nealis presented the staff report providing background regarding the applicant's request and Planning Commission action relative to Zoning Case No. 548. City Manager Nealis reported that the applicant has prepared handouts describing the case and addresses how excess soil from the various components of the plan will be used on the property. He also reported that letters from Ms. Cynthia Glasner, Mr. and Mrs. E. Reznick and Dr. and Mrs. Gary J. Chang were received by the City after the agenda materials were finalized. City Manager Nealis indicated that these letters express concern regarding grading already completed on the property. He also provided the status of the redwood trees planted in violation of the original Resolution of Approval. Mayor Murdock opened the public hearing and called for testimony. In response to Councilmember Pernell, City Manager Nealis explained that the City Council may proceed with the public hearing in the absence of Councilmember Heinsheimer. He stated that Councilmember Heinsheimer has indicated that he will abstain from considering this case due to the project's proximity to his residence. Mr. John Resich, applicant's representative, described the applicant's handbook dated, March 10, 1997. He explained that the handbook presents a history of the project and contains documents that were previously presented to the Planning Commission. He also said that the handbook contains letters, plans and reports which explain the need for the applicant's request, as well as, information requested by staff and responses to concerns of Councilmembers, Planning Commissioners and neighboring property owners. Discussion ensued regarding the remedial grading done to repair a drainage course and key to support the building pad. Councilmembers expressed concern that the City was not notified and some grading commenced without City approval. Mr. Resich referred the Council to a letter dated, June 3, 1996, to the County from the RHCA regarding grading in easements. Councilmembers concurred that the City should have been advised of this remedial grading. Mr. Resich apologized for the oversight. Mayor Pro Tem Lay expressed concern for the relevance of this letter and indicated that he feels that the letter does not authorize grading. Mr. Resich commented on another letter from the RHCA which indicates that the Association is pleased that the remedial work was completed in the easement. Mr. John Z. Blazevich, applicant, presented an explanation of the County's response and recommendations regarding the soils and geology report that he was required to submit. In response to Councilmember Pernell, Mr. Resich explained that the exhibits in the handbook are presented in a sequential fashion. He explained that the excess soil from the grading required to reduce the grade to the original approved height will be used to fill around the previously approved tennis court site, spread over the property to soften the grade in various locations and to improve a horse trail that runs along the property. Mr. Harry Kim, attorney representing the Mr. and Mrs. Shen, 13 Crest Road West, Dr. and Mrs. Bemis, 11 Crest Road West and Mr. and Mrs. Pak, 9 Crest Road West, expressed concern regarding the forty-five trees that were planted on the property and grading done without City approval. He stated that these trees impact the view from these neighboring properties and requested that the City Council take no action until a landscape plan has been approved. Mr. Kim explained a survey of flags erected on the property, done at the request of Mrs. Shen, which indicates that the ridge line of the proposed residence is approximately eight feet higher than a measurement taken on September 6, 1995. He suggested that the City conduct an independent survey to determine if the elevations are correct on the plan. In response to Mr. Kim, Mr. Resich explained that he feels that Mrs. Shen's independent survey was done when the guest house was flagged and presented a cross-section showing the elevation of the property. Mr. Resich stated that the applicant is willing to relocate all the redwood trees outside the view of his neighbors. He reported that this cannot be accomplished at this time because the equipment needed to remove the trees cannot access Action Memorandum City Council Meeting 03/10/97 -2- the area due to the construction work on, the,property. Mr. Resich pointed out an area on the property where the trees could be relocat�&sous to not cause a view obstruction. In response to Mayor Pro Tem Lay, Mr.. Resich.� explained that a new landscape plan is currently being prepared. In response to Councilmember Pernell, City Manager Nealis explained the that landscape bond submitted by applicants is to ensure that landscaping improvements will be completed. He reviewed the letter prepared by the Planning Department with comments regarding concerns for the placement of ten 15 -gallon and three 48 -inch box Sequoias. In response to Mr. Resich, Mr. Kim further explained the survey that was done at the request of Mrs. Shen. He indicated that he will obtain an affidavit stating that the ridgeline was measured in September, 1995. He stated that he feels that when the survey was done that the staking was of the proposed residence and not the guest house and the elevation is eight feet higher than approved. For purposes of clarification, City Manager Nealis explained that during the time Mrs. Shen's survey was done, the applicant requested a modification to the plan for the creation of the garages. In response to Mayor Pro Tem Lay, Mr. Kim stated that he will obtain the measurements relative to the absolute elevation from the engineering company hired by Mrs. Shen. Mr. Anthony Inferrera, applicants architect, explained the size and elevation of the garage structures. He further explained the elevation and ridge height of the garages, guest house and the main residence. Mayor Pro Tem Lay requested that Mr. Inferrera give these calculations to staff. Mrs. Dorothy Shen, 13 Crest Road West, commented on her concerns for the proposed project and the measurements taken by her consulting engineer. Discussion ensued regarding the confusion surrounding the elevation of the ridgeline of the proposed residence. In response to Mrs. Shen, Mr. Resich referred the City Council to a cross-section plan depicting the elevations at various points on the property. He indicated that the flags surveyed by Mrs. Shen's engineer are unknown to him. He stated that he feels that the measurements presented on the plan are correct. He explained that the applicant must submit certified plans, stamped by a licensed civil engineer, to the County for plan check. Councilmembers requested that Mr. Kim provide the calculations prepared by Mrs. Shen's engineer. Mr. Blazevich commented on the pad height concerns raised by Mrs. Sheen and expressed concern regarding the suggestion that an independent survey be made to verify the engineering calculations presented by his consulting engineer. Mr. Blazevich further explained the remedial work needed to correct the drainage area and the pad key. He also stated that he used the soil from the basement area underneath the proposed garages to complete the remedial work and decided to move the tennis court to that area because of the lack of soil to fill the excavation. He stated that he feels that placing the tennis court in a subterranean location will assist in keeping a more natural look to his property. Councilmember Pernell stated that he feels that this is a large, meaningful project in the community and feels that the Council should field trip the project. In preparation for the field trip, the applicant was requested to identify the highest ridegline for entire length of the residential structure, the elevation on the final contour at the northwest corner of the pad adjacent to Buggy Whip Drive, the elevation at the eastern side of the existing guest house, the corners of the residential structure, the location of the pool and the corners of the subterranean tennis court. Discussion ensued regarding the issues relating to concerns raised by Mr. Kim relative to the discrepancy in ridgeline measurements. In response to Councilmember Pernell, City Manager Nealis reported that staff suggested that the applicant prepare and fund an independent verification of the existing pad to alleviate the concerns. He explained that Action Memorandum City Council Meeting 03/10/97 -3- the pad is currently 3± feet higher than approved and must be reduced to 1,089 feet as per the Planning Commission Resolution of Approval. Mr. Resich expressed concern regarding the request that the applicant prepare and fund an independent survey. He stated that the applicant's engineering firm. is certified and has surveyed the property numerous times. He indicated that he feels that the elevation calculations are correct as presented. He stated that the benchmark on the property has not changed in location or elevation since the beginning of the project. Mr. Resich stated that if the Council does not believe that the applicant's engineering calculations are incorrect, the applicant will have the benchmark location recertified. In response to Councilmember Pernell, City Manager Nealis stated that the plans have been certified and stamped by a licensed civil engineer as to their accuracy. City Manager Nealis stated that staff is not trying to cast aspersions on the accuracy of the engineer of record but rather trying to clarify a discrepancy offered by a neighboring property owner in order to resolve the issue an move the case forward. City Manager Nealis also stated that there is a provision in the Planning Commission Resolution of Approval that requires the grade elevation be certified at the time of building permit issuance. Mr. Doug McHattie, South Bay Engineering, stated that the benchmark is visible on the property. Councilmembers concurred that an independent survey would not be necessary. Mayor Pro Tem Lay indicated that he would like to have the current elevation demonstrated at the field trip. In response to Councilmember Hill, Mr. Resich stated that the original grading plan shows the elevation of the guest house. Mr. Inferrera stated that the elevation of the pad at the guest house is approximately three feet higher than the main structure. Hearing no further discussion, Mayor Murdock continued the public hearing to Monday, March 24, 1997, beginning at 8:00 a.m., for the purpose of conducting a field review at 1 Buggy Whip Drive. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. OLD BUSINESS ZONING CASE NO. 542, 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. DR. & MRS. RICHARD OAS, 40 PORTUGUESE BEND ROAD (LOT 119-RH). RESOLUTION NO. 805: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL TO PERMIT THE CONSTRUCTION OF SUBSTANTIAL ADDITIONS TO AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 542. City Manager Nealis presented the staff report and Resolution No. 805 which memorializes the action taken by the City Council at their last meeting. Mayor Pro Tem Lay moved that the City Council adopt Resolution No. 805. Councilmember Hill 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. City Manager Nealis presented the staff report and reported that Ordinance No. 268 is presented for second reading and adoption. Mayor Pro Tem Lay moved that the City Council waive further reading and adopt Ordinance No. 268. Councilmember Pernell seconded the motion which carried unanimously. Action Memorandum City Council Meeting 03/10/97 -4- NEW BUSINESS CONSIDERATION OF A REPORT FROM THE PERSONNEL SUBCOMMITTEE REGARDING APPOINTMENTS TO THE CITY OF ROLLING HILLS TRAFFIC COMMISSION AND WILDLIFE PRESERVATION COMMITTEE. Mayor Pro Tem Lay reported that there were many well qualified applicants. He stated that the Subcommittee recommends the appointment of Mr. Don Robertson to the Traffic Commission and Mrs. Pia Raine as the alternate member of the Wildlife Preservation Committee. Councilmember Hill moved that the City Council appoint Mr. Don Robertson to the Traffic Commission and Mrs. Pia Raine to the Wildlife Preservation Committee (alternate). Councilmember Pernell seconded the motion which carried unanimously. CONSIDERATION OF AWARD OF BID RECEIVED FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE EMERGENCY GENERATOR HOUSING STRUCTURE AND GENERATOR INSTALLATION/ CONNECTION PROJECT. City Manager Nealis presented the staff report. Councilmember Pernell moved that the City Council reject the bid and authorize staff, with the assistance of Subcommittee Member Councilmember Frank Hill, to secure plans and specifications in a more cost effective manner and report any action to the City Council. Mayor Pro Tem Lay seconded the motion which carried 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 Murdock adjourned the meeting at 9:35 p.m., to an adjourned regular meeting to be held on Monday, March 24, 1997, beginning at 8:00 a.m. at 1 Buggy Whip Drive. Respectfully submitted, Marilyn L. Mrn Deputy City Clerk Approved, 4 xwh�t& Jody Mdrdock Mayor Action Memorandum City Council Meeting 03/10/97 -5-