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4/14/1997MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA APRIL 14,1997 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. 2. ROLL CALL Councilmembers Present: Hill, Pernell, Mayor Pro Tem Lay and Mayor Murdock. Councilmembers Absent: Heinsheimer (excused). Others Present: Craig R. Nealis, City Manager. Larry Courtright, City Treasurer. Lola Ungar, Principal Planner. Marilyn L. Kern, Deputy City Clerk. Lt. Michael Kwan, 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(1). Minutes - Adjourned Regular Meeting of March 24, 1997. a(2). Minutes - Regular Meeting of March 24, 1997. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Correspondence from BFI regarding the City of Rolling Hills monthly Recycling Report for February, 1997. RECOMMENDATION: Receive and file. d. Consideration of draft correspondence from the Wildlife Preservation Committee relative to debris in canyons. RECOMMENDATION: Approve as presented/provide direction. e. Correspondence to the Coachella Valley Joint Powers Insurance Authority regarding 90 day notice for consideration of withdrawal. RECOMMENDATION: Receive and file. Councilmember Hill moved that the City Council approve the recommendations in the Consent Calendar. Mayor Pro Tem Lay seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS CONSIDERATION OF A RECOMMENDATION FROM THE PLANNING COMMISSION REGARDING IMPROVEMENTS TO THE . GRADING CONFIRMATION PROCESS. City Manager Nealis presented the staff report outlining the recommendation of the Planning Commission supporting staff's proposed amendments to the grading plan confirmation process prior to plans being submitted to the Planning Commission. Following discussion, Councilmembers concurred the proposed process will minimize the likelihood of as -graded conditions beyond the scope of approval. Hearing no further discussion, Mayor Murdock called for a motion. Minutes City Council Meeting 04/14/97 -1- Councilmember Pernell moved that the City Council approve the report as presented. Mayor Pro Tem Lay seconded the motion which carried unanimously. Mayor Murdock commended the Planning Commission and staff for their efforts in devising this process. TRAFFIC COMMISSION ITEMS CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION RELATIVE TO APPROVING A REQUEST FROM THE PALOS VERDES WOMAN'S CLUB TO CONDUCT A GARDEN TOUR AT 45 AND 100 SADDLEBACK ROAD. City Manager Nealis presented the staff report. Hearing no discussion, Mayor Murdock called for a motion. Councilmember Pernell moved that the City Council approve the recommendation. Mayor Pro Tem Lay seconded the motion which carried unanimously. CONSIDERATION OF A RECOMMENDATION FROM THE ROLLING HILLS TRAFFIC COMMISSION REGARDING INSTALLATION OF TWO EQUESTRIAN CROSSINGS ON POPPY TRAIL. City Manager Nealis presented the staff report. Hearing no discussion, Mayor Murdock called for a motion. Mayor Pro Tem Lay moved that the City Council approve the recommendation. Councilmember Pernell seconded the motion which carried unanimously. 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). City Manager Nealis presented a brief background regarding Zoning Case No. 548. He stated that a memorandum from Mrs. Dorothy Shen has been placed before the City Council that was received via facsimile after agenda materials were finalized. Mayor Murdock opened the public hearing and called for testimony. Mr. John Resich commented on the memo from Mrs. Shen, submitted at the March 24, 1997 City Council meeting, in which she outlines the concerns of neighboring property owners regarding grading for this project. He expressed concern that it is not certain what structure was flagged when her consulting engineer made a survey of the property. Mr. Resich presented an excerpt of the minutes of the RHCA Board of Directors meeting held on August 17, 1995 in which Mrs. Shen expressed her concern for the height of the building pad. Hearing no further comments, Mayor Murdock closed the public hearing. Councilmembers discussed the proposed modified project and concerns raised by neighboring property owners. They also discussed the trees planted on the property which obstruct the view from neighboring properties. In response to Councilmember Pernell, Mr. Resich explained that he has reviewed the memo from Mrs. Shen in which she suggests that the applicant be allowed to export soil Minutes City Council Meeting 04/14/97 -2- from his property to lower the building pad. He said that the applicant is not willing to seek a Variance for the export of soil to reduce the pad elevation. Mayor Murdock commented on the concerns raised regarding trees planted on the property in violation of the original approval which obstruct the view from neighboring properties. Mr. Resich explained that the applicant is willing to remove a substantial number of the trees and that they will be presenting a new landscape plan to the City. Discussion ensued regarding the findings and conditions contained in the Resolution adopted by the Planning Commission. Hearing no further discussion, Mayor Murdock called for a motion. Mayor Pro Tem Lay moved that staff be directed to prepare Resolutions of Approval for a request for a modification to a Conditional Use Permit and for a request for a modification to Site Plan Review Approval in Zoning Case No. 548 with the findings and conditions adopted by the Planning Commission, as well as additional conditions which include that the elevation of the pad shall be restored to 1,089 ft.; that the applicant agree to fund an independent verification of the pad elevation if it is deemed necessary by City staff; that the roof pitch not exceed 3:1 and that the overall building height be identified and limited to a specific height based upon this pitch and pad; that the northwest corner of the pad be scaled back so a view from a 6 ft. tall person at the edge of the roadway would not show the pad increasing in height toward the sky; that a new landscape plan be provided and that this plan not include any redwood trees or any other trees that would exceed 25 feet in height at their maturity; and that the applicant remove all of the redwood trees that were planted by the applicant and not pre-existing on the property prior to grading activity. Councilmember Hill seconded the motion which carried unanimously (Heinsheimer absent/ abstain). OLD BUSINESS CONSIDERATION OF AN 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. RESOLUTION NO. 806: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING AN 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 Resolution No. 806. Mr. Balch, Jr., 6 Hackamore Road, commented on the proposed agreement and expressed concern regarding Edison's authority to allow a private company to use their facilities. Discussion ensued regarding the requirement that Metricom must obtain permission from the RHCA for entry and deployment on the private streets and rights of way in the City. City Manager Nealis explained that the City Attorney has discussed this matter with RHCA legal counsel. Hearing no further discussion, Mayor Murdock called for a motion. Mayor Pro Tem Lay moved that the City Council adopt Resolution No. 806. Councilmember Pernell seconded the motion which carried unanimously. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. Minutes City Council Meeting 04/14/97 -3- NEW BUSINESS CONSIDERATION OF AN APPEAL FILED PURSUANT TO SECTION 6.24.040 OF THE ROLLING HILLS MUNICIPAL CODE RELATIVE TO THE REQUIRED PERMANENT REMOVAL OF TWO DOGS FROM THE CITY PURSUANT TO AFFIRMATIVE FINDINGS UNDER SECTION 6.24.030, PARAGRAPH B, OF THE ROLLING HILLS MUNICIPAL CODE FOR OWNER OF PROPERTY LOCATED A 1 POPPY TRAIL. City Manager Nealis presented the staff report and original photographs of the injury to a horse owned by Ms. Patty Humphrey. Ms. Patty Humphrey, 80 Saddleback Road, explained the incident as outlined in her Animal Complaint Report form filed with the City on March 10, 1997. She indicated that she feels that the City Council should uphold the decision of the City Manager that the two German Shepherds be permanently removed from the City because the owners have demonstrated a lack of supervision of the dogs. Ms. Carol Hoffman, 3 Hillside Lane, explained an encounter she had with these two dogs causing her to file a nuisance occurrence form with the City. She stated that she feels that the behavior of these dogs make the horse trail near 1 Poppy Trail completely impassable. Ms. Lynn Ishak, Vice President, Caballeros, 8 Upper Blackwater Canyon Road, described an unfavorable incident involving these two dogs that occurred involving her daughter. Ms. Pamela Gibson, 23607 C Anza Avenue, Torrance, CA 90505-4635, explained an encounter she had with these two dogs causing her to file a nuisance occurrence form with the City. She requested that the City Council uphold the decision of the City Manager. Mr. Kenny Peng, representing Mr. Hui -Tse Sheen, owner of the animals, apologized for the behavior of the dogs and requested that the City Council allow the animals to remain in the City. He reported that Mr. Sheen will provide behavior training for the dogs and is willing to have them confined to a kennel area on his property. Discussion ensued regarding Mr. Sheen's proposals. In response to Councilmember Pernell, Mr. Peng stated that Mr. Sheen is very busy and his parents have been looking after the animals. He said that Mr. Sheen's parents do not speak English well and were not aware that a dog license was required. Officer Carol Mackey, SPCALA, reported on her investigation of this incident. She stated that she spoke to a dog training expert regarding the possibility of these dogs being trained to interact with horses. She said that it is the opinion of the dog training expert that without supervision or reinforcement of the training that the behavior of these dogs will not be changed. She expressed concern for the number of complaints received regarding the behavior of these dogs. Hearing no further discussion, Mayor Murdock called for a motion. Councilmember Pernell moved that the City Council uphold the decision of the City Manager. Mayor Pro Tem Lay seconded the motion which carried unanimously. In response to Mayor Murdock, City Manager Nealis explained an administrative provision in the Municipal Code whereby the owner may come back to the City for a re- evaluation of the City Manager's decision if certain conditions are met. He also stated that this provision does not require automatic approval. CONSIDERATION OF OPPOSITION TO ASSEMBLY BILL NO. 964 (BOWEN) RELATING TO THE USE OF ALTERNATIVE DAILY COVER. City Manager Nealis presented the staff report. Councilmembers discussed the impact that this bill would have on the City's meeting the mandated solid waste diversion goal of 50% by the year 2000 as prescribe under the California Integrated Waste Management Act. Staff was directed to prepare appropriate correspondence indicating the City Council's opposition to this bill. Minutes City Council Meeting 04/14/97 -4- 1 1 1 CONSIDERATION OF SUPPORT FOR ASSEMBLY BILL NO. 120 (KUYKENDALL) RELATING TO THE EXTENSION OF THE WATER COMMON CARRIER FUEL TAX EXEMPTION. City Manager Nealis presented the staff report. Following discussion, Councilmember Pernell moved that the City Council receive and file this report. Mayor Pro Tem Lay seconded the motion which carried unanimously. MATTERS FROM MEMBERS OF THE CITY COUNCIL ♦ Councilmember Hill commented on the upcoming Dominguez Brand Awards Ceremony and suggested that the City Council nominate Don Gales. This suggestion was unanimously supported by the City Council. ♦ Councilmember Pernell commented on the new earthquake zone maps. City Manager Nealis stated that he will discuss this matter with the Area G Emergency Services Coordinator. ♦ Mayor Pro Tem Lay commented on the grading plan confirmation process and suggested that staff review what economic penalties and or other disincentives can be assessed for violations. Dr. Richard Henke, 7 Crest Road West, expressed concern regarding residents who do not follow the rules and regulations of the City. He said that he would .encourage residents to take the responsibility to supervise their contractors. City Manager Nealis reported that staff is currently preparing a report for the Planning Commission regarding this subject and would include City Council comments in this report. ♦ Mayor Murdock reported that the City has been contacted by Bennett Enterprises regarding a donation of a pepper tree to the City in honor of Arbor Day. Staff was directed to schedule a day and time for this event. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY None. ADIOURNMENT Hearing no further business before the City Council, Mayor Murdock adjourned the meeting at 9:20 p.m., to a special meeting at 7:00 p.m. with 4th District Supervisor Don Knabe just prior to the next regular meeting of the City Council on Monday, April 28, 1997, beginning at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road, Rolling Hills. Respectfully submitted, Marilyn L. K n Deputy City Clerk Approved, 144G�6& Jody"MuMock Mayor Minutes City Council Meeting 04/14/97 -5- 9- _ 14 uh,