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.
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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
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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.
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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.
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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
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