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7/14/19971 I 1 MINUTE. S, OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA JULY 14, 1997 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pro Tem Hill 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, Murdock, Pernell and Mayor Pro Tem Hill. Councilmembers Absent: Mayor Lay. Others Present: Craig R. Nealis, City Manager. Lola Ungar, Planning Director. Marilyn L. Kern, Deputy City Clerk. Officer Helen Bosaz, SPCALA 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 June 23, 1997. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Correspondence from BFI regarding monthly Recycling Report for May, 1997. RECOMMENDATION: Receive and file. d. Southern California Gas Company Notice of Proposed Rate Increase, Application No. 97-06-025 with the California Public Utilities Commission. RECOMMENDATION: Receive and file. Councilmember Murdock requested that the minutes of June 23, 1997 be considered separately. Councilmember Pernell moved that the City Council approve the remaining items in the Consent Calendar. Councilmember Heinsheimer seconded the motion which carried unanimously. a. Minutes - Regular Meeting of June 23, 1997. After indicating that "June" should be changed to "July" on the top of page 6, Councilmember Pernell moved that the City Council approve the minutes of June 23, 1997 as amended. Councilmember Murdock seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS - Continued ZONING CASE NO. 555, SUBDIVISION NO. 82 AND TENTATIVE PARCEL MAP NO. 21400; A REQUEST TO MODIFY A PREVIOUSLY APPROVED 3 -LOT SUBDIVISION OF LAND AT LOT 85-RH, AND CURRENTLY, 10 PINE TREE LANE, ROLLING HILLS, CA, AN EXISTING LOT THAT HAS ONE RESIDENTIAL UNIT, TO BE IMPLEMENTED BY MR. AND MRS. WILLIAM HASSOLDT. LOT 85- RH CONSISTS OF 7.826 ACRES GROSS TO BE DIVIDED INTO THREE PARCELS AS FOLLOWS: PARCEL 1 - 2.78 ACRES GROSS, 2.07 ACRES NET; PARCEL 2 - 2.58 ACRES GROSS, 2.07 ACRES NET; AND PARCEL 3 - 2.47 ACRES GROSS, 2.01 ACRES NET. PLANNING COMMISSION RECOMMENDS APPROVAL. Minutes City Council Meeting 07/14/97 -1- City Manager Nealis presented proposed field trip dates provided by the applicants. Hearing no objection, Mayor Pro Tem Hill continued the public hearing to Thursday, July 24, 1997, beginning at 8:00 a.m., at 10 Pine Tree Lane. 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 the staff report providing background and information requested by the City Council at their field trip on June 4, 1997. He reported that correspondence from the Klondike Canyon Geologic Hazard Abatement District in Rancho Palos Verdes opposing the project and from Fritz and Mimi Hartwig, 3 Pinto Road objecting to any grading or building on this property has been placed before the City Council, as these letters were received today, after the agenda materials were completed. Mayor Pro Tem Hill opened the public hearing and called for testimony. Mr. Stan Lamport, applicant's representative, provided an overview of the proposed project and indicated that he will be addressing concerns raised by the City Council and adjacent property owners who have objected to the project. Mr. Lamport presented exhibits demonstrating how he feels the project meets Site Plan Review and Variance criteria and does not impact the Flying Triangle Slide. He also presented a comparison of the proposed project and a previously approved project on the site proposed by E & S Development, information regarding additional geological testing completed on the property by the applicant's consulting geologist Mr. Keith Ehlert and hydrology information prepared in response to concerns raised regarding run-off from the proposed project. Mr. Lamport provided a copy of a letter dated June 23, 1997, from grading contractor Mr. Dutch Phillips addressing concerns raised regarding whether dirt can be stored on site without being placed into the canyon or adjacent property and methods used to prevent debris from sloughing into the canyon. Mr. Phillips explained the County requirements regarding prevention of this type of sloughing. Mr. Doug McHattie, South Bay Engineering, pointed out on a cross-section plan of the property, the areas of proposed grading and locations where the pad elevation will increase from a range of 2 to 5 feet. In response to Councilmember Pernell, City Manager Nealis explained. that the County of Los Angeles has informally reviewed the soils and geology reports presented by the applicant and provided their standard conditions that would be required to be reviewed for a case within this proximity to a hill side and the Flying Triangle Slide. Noting that it was past the time specified for the Open Agenda, Mayor Pro Tem Hill requested that the public hearing regarding this Zoning Case be held. Hearing no objection, he called for the open agenda. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Hearing no comments from the public, Mayor Pro Tem Hill returned to the public hearing on Zoning Case No. 545A PUBLIC HEARING ZONING CASE 545A CONTINUED Mr. Charles Raine, 2 Pinto Road, expressed concern for the calculations of water run-off submitted by the applicant to enter the surrounding properties and canyons. He presented his scenario as to how the improvements to this property will add to the number ,of gallons of water that will run-off to the Dessy (4 Pinto Road) and Hartwig (3 Pinto Road) properties below. In response to Mr. Raine, Mr. Lamport explained the drainage courses on an exhibit depicting the topography of the project site and surrounding properties. Minutes City Council Meeting 07/14/97 -2- 1 1 1 to Mr. Raine also explained the lateral movement of the Flying Triangle Slide and its effect on properties on Pinto Road and Klondike Canyon. He commented on the additional geologic testing on the property. ; Hezt�g^ pre ssed concern regarding the applicant's explanation regarding the depth of bedrock and";inagnitude of grading for the proposed project. Mr. Raine provided the Council with a copy -of a plot map highlighted to depict property owners in the immediate area that have objected to this project. Councilmembers discussed the' concerns raised by Mr. Raine. Councilmember Heinsheimer provided an overview of the points that he feels that the parties are in agreement on. In response to Councilmember Pernell, Mr. Raine explained the amount of water he feels will run-off into the canyon below due to the proposed residence and hardscape improvements to the property and what he feels the absorption factor will be. Mr. William Horn, 16 Southfield Drive, expressed concern regarding the location for the proposed stable. In response to Councilmember Heinsheimer, Mr. Lamport explained that the proposed plans meets the City's requirement to show a location for a future stable and corral area. He explained the Planning Commission suggestion that the stable be presented in this location and stated that the applicant would be willing to consider another location. Dr. Alfred Marrone, 17 Southfield Drive, expressed concern for the type of presentation given by the applicant's representatives and stated that he feels that the calculations for this case are misleading. He further expressed concern for the proposed grading for the project. Dr. Marrone also commented on the number of neighboring property owners expressing their objections and concerns for this project. He indicated that he would not be opposed to a project on this property if grading were kept to a minimum. Mr. Herb Agid, 60 Portuguese Bend Road, commented on the land movement in the Flying Triangle area and how it relates to his property. He suggested that the proposed project's effect on the Flying Triangle Slide be studied thoroughly and be analyzed by an independent consultant. In response to Dr. Marrone's comments, Mr. Lamport stated that the oral presentation, testimony and reports from experts in various fields and various exhibits given to the City Council were designed to answer specific questions and concerns raised by the City Council and neighboring property owners. He stated that he feels Dr. Marrone's comments were inappropriate. Mr. Lamport further explained how the drainage analysis was calculated and the information received from the test trenches done on the property. In response to Dr. Marrone's concern that the applicant is preparing for a spec house, he indicated that the Ms. Tsou has stated that she plans to live in the proposed residence and she is sensitive to the concerns of her neighbors. Discussion ensued regarding the issues raised during public testimony. In order to alleviate the concerns and answer the questions raised, Councilmember Heinsheimer suggested that the applicant provide additional technical information regarding how drainage will move from the property over time to the properties below and an evaluation of any possible effect of that flow on the Flying Triangle Slide; proof of bedrock and compaction above bedrock and actual recompaction area necessary for completion of this project focusing on the depth of the bedrock over a larger area than was presented this evening; a graphic representation of proposed grading activities on the property over time and procedures that will be taken to ensure that soil and debris will not enter or deface the canyon below; provide a plan showing an additional stable location that would not necessitate a Variance; and a detailed drawing of the quantity of hardscape and a graphic demonstration of the distance between this property, the proposed graded area and the Flying Triangle. Councilmember Pernell suggested that the additional information be subject to independent verification. City Manager Nealis commented on the new grading confirmation process used by staff and stated that the County of Los Angeles will review the additional information provided by the applicant. Mrs. Carol Marrone, 17 Southfield Drive, expressed concern that the information presented by the applicant's representatives and consultants have not been verified by an independent source. Mrs. Marrone commented of the grading for -the proposed project and stated that the previous E & S development project did not require grading. Minutes City Council Meeting 07/14/97 -3- Hearing no objection, Mayor Pro Tem Hill continued the public hearing to the August 25, 1997 City Council meeting, in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills in order for the applicant to respond to questions raised at the meeting. RECESS Mayor Pro Tem Hill recessed the meeting at 9:45 p.m. and reconvened the meeting at 9:50 p.m. CONSIDERATION OF A RECOMMENDATION FROM THE PLANNING COMMISSION REGARDING A PROPOSED ORDINANCE NO. 269: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING GARAGES TO BE CONSTRUCTED ABOVE GROUND, PROHIBITING THE CONSTRUCTION OF NEW SUBTERRANEAN GARAGES, AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis presented the staff report. Mayor Pro Tem Hill opened the continued public hearing. Hearing no discussion, he closed the public hearing and called for a motion. Councilmember Heinsheimer moved that the City Council waive further reading and adopt Ordinance No. 269. Councilmember Murdock seconded the motion which carried unanimously. PUBLIC HEARINGS CONSIDERATION OF AN APPEAL OF VIEW PRESERVATION COMMITTEE RESOLUTION NO. VPC -97-1 SETTING FORTH FINDINGS RELATING TO THE TRIMMING OF TREES AT 11 QUAIL RIDGE ROAD SOUTH RELATING TO A VIEW IMPAIRMENT FROM 2 SPUR LANE. LOCATION: 11 QUAIL RIDGE ROAD SOUTH PROPERTY OWNER: DORIS MCNABB COMPLAINANT: BURT ARNOLD, 2 SPUR LANE APPELLANT: DORIS MCNABB Mayor Pro Tem Hill opened the public hearing. Hearing no objection he continued the public hearing, at the appellant's request, to the August 25, 1997 City Council meeting, in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills. CONSIDERATION OF A PROPOSED ORDINANCE NO. 270 TO MODIFY AND AMEND THE ZONING CODE OF THE CITY OF ROLLING HILLS REGARDING GUIDELINES ESTABLISHED BY THE PLANNING COMMISSION FOR BUILDING PAD COVERAGE FOR LOT DEVELOPMENT IN THE RESIDENTIAL ZONES. (PLANNING COMMISSION RECOMMENDS APPROVAL) City Manager Nealis presented the staff report. Mayor Pro Tem Hill opened the public hearing. Hearing no discussion he called for a motion. Councilmember Heinsheimer moved that the City Council waive further reading and introduce Ordinance No. 270. Councilmember Murdock seconded the motion which carried unanimously. Mayor Pro Tem Hill continued the public hearing to the Monday, July 28, 1997, City Council meeting for consideration of second reading and adoption of Ordinance No. 270. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF AN APPEAL FILED PURSUANT TO SECTION 6.24.040 OF THE ROLLING HILLS MUNICIPAL CODE RELATIVE TO THE REQUIRED CONFINEMENT TO PROPERTY OF A DOG PURSUANT TO AFFIRMATIVE FINDINGS UNDER SECTION 6.24.030, OF THE ROLLING HILLS MUNICIPAL CODE FOR OWNER OF PROPERTY LOCATED AT 1 MIDDLERIDGE LANE SOUTH. Minutes City Council Meeting 07/14/97 -4- t City Manager Nealis presented the staff report. Mayor Pro Tem Hill opened the appeal hearing and called for testimony. Officer Helen Bosaz, SPCALA, reported on the comments in her report and the investigation process. Mrs. Linda Cigliano, 1 Middleridge Lane South, provided the City Council with copies of letter from neighbors stating that her dog has not shown aggressive behavior toward them or their animals. She stated that she witnessed the incident and feels that this was an isolated incident and was caused by Mr. Bebout's actions toward her dog. , Mrs. Tamara Torino, 6 Middleridge Lane South. stated that her brother-in-law Mr. George Bebout witnessed the incident and chased the dog with a stick to protect her dog. She stated that she wants to be assured that her animals are safe on her property. Ms. Lori Cornell, 9 Maverick Lane, stated that she has experience with dealing with animals and is familiar with Mrs. Cigliano's dog. She said that she has never seen it exhibit vicious or aggressive behavior. Mr. Scott Pines, speaking on behalf of Mrs. Cigliano, commented on the report completed by the SPCALA. He indicated that he feels that sufficient proof has not 'been shown relative to this case. He commented on the written statement dated July 12, 1997, that he provided to the City Council this evening. City Manager Nealis explained the process outlined in the Municipal Code for addressing animal attacks on persons or other animals. Mr. George Bebout, 1725 Bret Place, Apt. 103, San Pedro, stated that he was a visitor on Mrs. Torino's property and witnessed the attack. He indicated that he chased the Cigliano dog with a stick to try to prevent an incident between the two dogs. Councilmembers and those in attendance discussed the incident and concurred that since the incident occurred on the Torino property that they should uphold the City Manager's decision to confine the Cigliano dog to their property. City Manager Nealis explained the modification of a confinement order outlined in the Municipal Code. Hearing no further discussion, Mayor Pro Tem Hill closed the appeal hearing and called for a motion. Councilmember Pernell moved -that the City Council uphold the City Manager's decision relative to this matter. Councilmember Heinsheimer seconded the motion which carried unanimously. RESOLUTION NO. 822: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, AUTHORIZING AN EXCHANGE OF PROPOSITION "A" TRANSPORTATION LOCAL RETURN FUNDS WITH THE CITY OF TORRANCE. City Manager Nealis presented the staff report. Hearing no discussion, Mayor Pro Tem Hill called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 822. Councilmember Murdock seconded the motion which carried unanimously. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY None. Minutes City Council Meeting 07/14/97 -5- ADTOURNMENT Hearing no further business before the City Council, Mayor Pro Tem Hill adjourned the meeting at 10:30 p.m. to an adjourned regular meeting to be held on Thursday, July 24, 1997, beginning at 8:00 a.m. for the purpose of conducting a field review at 10 Pine Tree Lane. Respectfully submitted, ryJMC� c� 1� • Q11/r•J Marilyn L. Kern Deputy City Clerk Approved, Frank E. Hill Mayor Pro Tem 1 1 Minutes City Council Meeting 07/14/97 -6-