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3/24/1997 (2)MINUTES `OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA `MARCH 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. Larry Courtright, City Treasurer. Lola Ungar, Principal Planner. Marilyn L. Kern, Deputy City Clerk. Captain Beth Dickinson, 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 - Regular Meeting of March 10, 1997. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of February, 1997. RECOMMENDATION: Approve as presented. d. Consideration of correspondence from BFI regarding the City of Rolling Hills Annual Clean -Up Dates for 1997. RECOMMENDATION: Receive and file. e. Correspondence from California Water Service Company regarding Advice Letter No. 1433, Department of Health Services, all districts, which has been filed with the California Public Utilities Commission. RECOMMENDATION: Receive and file. f. Correspondence from GTE California and Contel of California Inc. regarding a request before the Public Utilities Commission for approval of elimination of charges for Nonpublished/Nonlisted services and offsetting increase of rates for residential flat and measured service. RECOMMENDATION: Receive and file. g. Approval of attendance at the California Contract Cities Association 38th Annual Palm Springs Municipal Seminar --May 15-18, 1997. RECOMMENDATION: Approve as presented. h. Consideration of request from the Wildlife Preservation Committee to expend funds for the purchase of quail eggs. RECOMMENDATION: Approve as presented. Mayor Pro Tem Lay moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Pernell seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS None. Minutes City Council Meeting 03/24/97 -1- TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS - Continued 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). Mayor Murdock reported that Councilmember Heinsheimer is abstaining from consideration of Zoning Case No. 548 due to the project's proximity to his residence. City Manager Nealis presented the staff report and summarized the City Council field review of the property. He reported that the applicant has provided a tabbed copy of the handbook which was distributed to Councilmembers at the March 10, 1997 City Council meeting. He also reported that a memorandum with exhibits, delivered to City Hall by Mrs. Shen this afternoon, has been placed before the City Council this evening. Mayor Murdock opened the continued public hearing and called for testimony. Mr. John Resich, applicant's representative, reviewed various issues addressed at the field review. He presented the original survey map of the property to assist in resolving the confusion arising from Mrs. Shen's engineer's measurement showing that the ridgeline of the residence is now 8 feet higher than a measurement taken on September 6, 1995. In response to Mayor Pro Tem Lay, Mr. Resich reported that the first staking of the property occurred in December, 1993. Mr. Resich also provided photographs taken in March, 1994 which were taken from various points on the property and from various points on neighboring properties. He said that the photographs depict the original staking of the residence and the berm on the northwest corner of the property before any grading occurred. Discussion ensued regarding the chronology of events. Mr. Resich expressed that Mrs. Shen's consulting engineer may have surveyed the staking of the garage area or a temporary power pole erected on the property. Mr. Resich explained various reviews of the property by the RHCA Architectural Review Committee. In response to Councilmember Pernell, Mr. Resich stated that he reviewed the project as a member of that RHCA Committee, but was not employed by the applicant at that time. Mr. Resich presented an explanation of the amount of soil removed from the tennis court area. He presented an exhibit depicting the elevation before and after grading occurred in the area and the finished ground elevation of that location upon completion. He also presented an explanation of the pad for the future stable. He pointed out on the plans that it would not be located in the easement. In response to Councilmember Pernell, Mr. Resich explained the topographic features of the area of the future stable and corral. Discussion ensued regarding the ridgeline height of the proposed residence. In response to Mayor Pro Tem Lay, Mr. Anthony Inferrera, Architect, explained that the ridgeline is 21.5 feet from finished grade. Mr. Inferrera explained the ridgeline and architectural attributes of the proposed residence. Mayor Pro Tem Lay commented on the Shen's concern that the current ridgeline is now 8 feet higher. Mr. Resich explained the various times when the ridgeline of the proposed residence was staked in conjunction with changes to the plans. Mr. Inferrera explained that the property was surveyed after the City Council field trip and that a report certifying all of the grades as well as the ridgeline will be forthcoming. After discussion, Councilmember Pernell -stated that he would like to review the information provided by Mrs. Shen this evening prior to the City Council taking action on this case. Hearing no objection, Mayor Murdock requested that Councilmembers review the information provided by Mrs. Shen and relate any questions to staff. Hearing no further discussion, Mayor Murdock continued the public hearing to the next regularly scheduled meeting of the City Council on Monday, April 14, 1997, beginning at Minutes City Council Meeting 03/24/97 -2- 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road, Rolling Hills. PUBLIC HEARING ZONING CASE NO. 545A, CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION DENIED REQUESTS 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 FOR A STABLE AND CORRAL BY THE INABILITY OF THE COMMISSION TO MAKE AFFIRMATIVE FINDINGS ON THE APPLICATIONS BY MAJORITY VOTE. MS. KELLY TSOU, 6 RINGBIT ROAD WEST (LOT 8 -A -2 -SF) City Manager Nealis presented a letter from the applicant's attorney reporting that the applicant is out of the Country and requests that this item be continued to May 27, 1997. Mayor Murdock opened the public hearing. Hearing no discussion and no objection, Mayor Murdock continued the public hearing to Tuesday, May 27, 1997 beginning at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road, Rolling Hills. 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 and Metricom's response to concerns raised by the City Council at the meeting of February 24, 1997. Mr. Richard Bartoccini, Right -of - Way Representative for Metricom, summarized the responses. Discussion ensued regarding the wireless digital communication technology. Councilmembers discussed concerns regarding the installation of Metricom's equipment on power poles within the City and any future undergrounding of those power poles. Mayor Pro Tem Lay expressed concern regarding the lack of performance assurances that the service will ever be offered in Rolling Hills. Mr. Bartoccini explained the technology and marketing of Metricom. Mayor Pro Tem Lay commented on the RHCA's position to not take any action on this subject. City Attorney Mike Jenkins stated that Metricom would need RHCA permission to enter the City and explained that Metricom currently has an agreement with Edison to install this equipment on their poles. Mr. 'Bartoccini stated that, he has discussed this matter with RHCA Legal Counsel. Mr. Bertrom Balch, Jr., 6 Hackamore Road, questioned how Edison can license out the use of their poles that are on his property. He also asked whether the devices are for the use of the entire network or solely for Rolling Hills residents. In response to Mr. Balch, City Attorney Jenkins explained that in his discussions with RHCA Legal Counsel, it was expressed to him that Metricom would only need permission from the RHCA for access to the City. He further explained that Metricom currently has an agreement with Edison to install the Metricom devices on their poles similar to the agreement Edison has with Cable TV providers. Mr. Bartoccini explained that the devices installed in Rolling Hills will be used for the entire network. Councilmembers discussed proposed amendments to the agreement. City Attorney Mike Jenkins suggested that Section 5 be amended to require removal of the devices at Metricom's expense should a pole be undergrounded. Discussion ensued regarding the color of the devices. Mr. Bartoccini stated that the devices must have the white reflective coating to minimize internal heating of the components. Mayor Pro Tem Lay moved that the City Council approve the agreement, as amended to reflect that if no installation and advertisement activity of Metricom services are provided within twelve (12) months of the signing of the agreement, that the agreement will automatically become null and void and no longer be valid and that language be added to Section 5 to allow the City to order the removal of any Metricom devices in the event the effected utility pole is scheduled for private or public undergrounding. Councilmember Heinsheimer seconded the motion which carried unanimously. Hearing no objection, Minutes City Council Meeting 03/24/97 -3- Mayor Murdock continued this item to Monday, April 14, 1997. Staff was directed to return with an amended agreement and an appropriate Resolution. OLD BUSINESS None. NEW BUSINESS None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM STAFF A. STATUS OF PLANNING DEPARTMENT COMPUTER PROJECT. City Manager Nealis reported on a demonstration of Form Z software presented by a MacSolutions representative and outlined an action plan for this project. • City Manager Nealis reported on a proposal from Breiholz-Qazi Engineering to prepare plans and specifications for the Emergency Generator Housing Project and reported that he and Councilmember Hill will review this proposal and proceed. MATTERS FROM THE CITY ATTORNEY None. ADTOURNMENT Hearing no further business before the City Council, Mayor Murdock adjourned the meeting at 9:15 p.m., to the next regular meeting of the City Council on Monday, April 14, 1997, beginning at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road, Rolling Hills. Respectfully submitted, ,. 9 • VPAm'� Marilyn L. Ke n Deputy City Clerk Approved, 444 4del--1 Jod3�'Mur8ock Mayor Minutes City Council Meeting 03/24/97 -4-