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1/25/1999 MINUTES OF A � REGULAR MEETING OF THE CTTY;COUNCIL OF THE CITY OF ROLLING HILLS,CALIFORNIA JANUARY 25, 1999 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Hill at 7:33 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Lay, Murdock, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. Councilmembers Absent: None. Others Present: Craig R. Nealis, City Manager. Mike Jenkins, City Attorney Larry Courtright, City Treasurer. Lola Ungar, Planning Director. Marilyn L. Kern, Deputy City Clerk. � Captain Ed Hitchcock, 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 January 11, 1999. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. c. Financial Statement for the month of December, 1998. RECOMMENDATION: Approve as presented. d. Correspondence from the Governor's Office of Emergency Services regarding the acceptance of the City of Rolling Hills' Emergency Operations Plan. RECOMMENDATION: Receive and file. e. BFI Recycling Tonnage Report for December, 1998 RECOMMENDATION: Receive and file. Mayor Pro Tem Heinsheimer moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Lay seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS - None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS ZONING CASE NO. 586, APPEAL OF A PLANNING COMMISSION APPROVAL OF A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK FOR A PREVIOUSLY ILLEGALLY CONSTRUCTED GARDEN PLATFORM/VIEW AREA. Mr. and Mrs. Brent Harris, 1 Crest Road East (Lot 1-FT) Minutes City Council Meeting Ol/25/99 -1- City Manager Nealis presented the staff report providing background regarding Zoning Case No. 586. He reported that several letters of support for this project and a letter from the applicant, received after the agenda materials were prepared, have been placed before the City Council. Mayor Hill opened the public hearing and called for testimony. Ms. Christine Mulligan, applicants' representative, apologized for the absence of the applicants. She stated that #hey were out of town and unable to attend this evening's _ meeting. She described the project and indicated that the applicants proceeded with the project because they considered it a walkway and assumed that they did not need any other approval since the project received approval from the Rolling Hills Community Association. In response to Councilmember Pernell, Ms. Mulligan provided a brief overview of her qualifications as a landscape consultant and general contractor. Councilmember Pernell questioned Ms. Mulligan's efforts on the project which did not include complete research of the Municipal Code requirements. Mr. Lon Clearwaters, 4 Cinchring Road, stated that he supports the project. He stated that he feels that the project has no impact on neighbors and that it has a positive impact o n the area. Councilmembers discussed the project and expressed concern that it was constructed in the front yard setback without a Variance. Mayor Pro Tem Heinsheimer commented on the support that the project has received from the community. Councilmember Murdock indicated that she feels that it would be difficult to make findings to grant a Variance i n this case. Councilmembers discussed whether granting a Variance in this case would set a precedent. Councilmembers concurred that they would view this structure in the field. The Council discussed possible dates for a field trip and Ms. Mulligan indicated that the applicants will be out of town for another week. Hearing no further discussion, Mayor Hill continued the public hearing to the next regular meeting of the City Council to be held on Monday, February 8, 1999 for the purpose of selecting a date for a field review of the project. Staff was directed to coordinate a date for the field trip. CONSIDERATION OF ESTABLISHING AND CHARGING ADMINISTRATIVE FEES FOR ILLEGAL OR "AS BUILT" STRUCTURES OR GRADING THAT REQUIRES DISCRETIONARY REVIEW BY THE PLANNING COMMISSION. , CONSIDERATION OF RESOLUTION NO. 854: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING AN ADDITIONAL PROCESSING FEE FOR PLANNING AND ZONING APPLICATIONS INVOLVING ILLEGAL OR "AS BUILT" PROJECTS, AND AMENDING RESOLUTION NO. 691 REGARDING FEES. City Manager Nealis presented the staff report providing background regarding the Planning Commission recommendations regarding "as built" projects. He explained the penalty fees that the County assesses on projects that are constructed without benefit of building permits. Mayor Hill opened the public hearing and called for testimony. Mr. Ken Johnson, 29 Middleridge Lane South, commented on the proposed fee. In response to Mr. Johnson, City Manager Nealis explained that illegally constructed projects could still be required to be removed if approvals are not granted or if applications are not submitted. City Manager Nealis explained the steps that are taken by City and County staff when illegal construction is reported. Dr. Gordon Schaye, 58 Portuguese Bend Road, commented on structures on his property that the Rolling Hills Community Association considered to be illegal. Mr. Paul Grubbs, 1 Hackamore Road, commented on the condition of the property at 58 Eastfield Drive. In response, City Manager Nealis provided a brief summary of staff's efforts on that case. Minutes City Council Meeting Ol/25/99 -2- .�;,h M1 '"„� . � a� x�{�+r , . • � �� ;E� - . . . Hearing no further discussion, Mayor Hill closed the public hearing., Councilmembers discussed the proposed fee and whether,.�,,i,tU�was��enough to recuperate staff's time in investigating "as built" projects. City IVlaria'ger Nealis presented an explanation of how staff arrived at the proposed fee. Councilmembers also discussed whether or not the fee was enough to discourage illegal construction in the City. City Treasurer Larry Courtright explained how the City's accounting system allocates all fees. Hearing no further discussion, Mayor Hill called for a motion. Councilmember Lay moved that the City Council adopt Resolution No. 8��i�9�. Councilmember Pernell seconded the motion which carried unanimously. Staff was directed to r.eview the Fee Resolution and provide a status report on this new fee to the City Council in six months. OLD BUSINESS CONSIDERATION OF INTERIOR IMPROVEMENTS TO THE CITY COUNCIL CHAMBERS. City Manager Nealis presented the staff report. Discussion ensued regarding possible interior improvements to the City Council Chambers. Councilmembers reviewed the suggested improvements by community groups. Possible paint, wall treatment, lighting, projection and sound enhancement improvements were discussed. Councilmembers discussed the use of the Council Chambers as a command post during an emergency. Councilmember Heinsheimer suggested that future needs be taken into consideration when establishing plans to improve the Council Chambers. City Manager Nealis explained that the �FY 98/99 Budget contains $40,000 for this project. Discussion ensued regarding design fees. Councilmembers concurred that 10% of the construction cost would be appropriate. Hearing no further discussion, Councilmembers authorized and directed staff to hire a meeting room consultant at an amount not to exceed $4,000 and to work with the community groups to provide options and plans for the City Council to consider. NEW BUSINESS CONSIDERATION OF DISPOSITION OF PROPOSITION A AND PROPOSITION C TRANSPORTATION FUNDS. City Manager Nealis presented the staff report outlining the requests from the Cities of Rancho Palos Verdes and Rolling Hills Estates for Proposition C eligible projects. Hearing no discussion, Mayor Hill called for a motion. Councilmember Murdock moved that the City Council allocate 60% of its Proposition C Transportation funds to the City of Rolling Hills Estates and 40% of its Proposition C Transportation funds to the City of Rancho Palos Verdes for eligible projects in those cites as described in their funding requests. Mayor Pro Tem Heinsheimer seconded the motion which carried unanimously. Staff was directed to return with Resolutions memorializing this action for consideration by the City Council at the next meeting. OPEN AGENDA -APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Pernell commented on an upcoming photovoltaic roof seminar and suggested that it be passed along to members of the Planning Commission and Rolling Hills Community Association. Councilmember Lay requested to be excused from the City Council meeting scheduled for Monday, February 8, 1999 as he will be out of down on that date. Minutes City Council Meeting 01/25/99 -3- MATTERS FROM STAFF City Manager Nealis announced that the West Vector Control District will provide an update on the Africanized Honey Bee in the South Bay at the City Council meeting on Monday, February 8, 1999. He reported that a notice regarding this presentation will be sent to community groups and that articles announcing this special presentation have been placed in the Citywide Ne�vsletter. MATTERS FROM THE CITY ATTORNEY None. ADTOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 8:35 p.m., to the next regularly scheduled meeting of the City Council to be held on Monday, February 8, 1999, in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, � �-�t/l^7 Mari yn L. rn Deputy City Clerk Approved, � . Frank E. Hill Mayor Minutes City Council Meeting 01/25/99 -4-