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3/22/1999I I U MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MARCH 22.1999 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Hill at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Lay, Murdock, Mayor Pro Tem Heinsheimer and Mayor Hill. Councilmembers Absent: Pernell (excused). Others Present: Craig R. Nealis, City Manager. Mike Jenkins, City Attorney 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 Councilmember may request removal of any item from causing it to be considered under Council Actions. a. Minutes - Regular Meeting of March 8, 1999. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of February, 1999. RECOMMENDATION: Approve as presented. d. BFI Recycling Tonnage Report for February, 1999. RECOMMENDATION: Receive and file. a single motion. Any the Consent Calendar 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 RESOLUTION NO. 99-6A: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE AND GRANTING SITE PLAN REVIEW APPROVAL TO PERMIT THE CONSTRUCTION OF A GUEST HOUSE, AND THE RELOCATION OF AN EXISTING BARN AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 587. Mr. Hussain Shaikh, 28 Portuguese Bend Road (Lot 103-RH) RESOLUTION NO. 99-6B: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A DETACHED RECREATION ROOM AND GRANTING SITE PLAN REVIEW APPROVAL FOR THE NEW RECREATION ROOM STRUCTURE AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 587. Mr. -Hussain Shaikh, 28 -Portuguese -Bend -Road -(Lot -103-RH) Minutes City Council Meeting 03/22/99 -1- City Manager Nealis presented the staff report outlining the applicant's request and background regarding Planning Commission action relative to Zoning Case No. 587. Hearing no discussion or objection, Mayor Hill ordered that Resolution Nos. 99-6A and 99- 6B be received and filed. RESOLUTION NO. 99-7: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT ENCROACHMENTS INTO THE FRONT YARD SETBACK TO CONSTRUCT AN ENTRYWAY ADDITION, GRANTING A VARIANCE TO PERMIT ENCROACHMENTS INTO THE FRONT YARD SETBACK TO CONSTRUCT A DINING ROOM ADDITION AND GRANTING SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF ADDITIONS TO A SINGLE FAMILY RESIDENCE THAT WILL REQUIRE GRADING IN ZONING CASE NO. 590. Mr. and Mrs. Ray Perrault, 10 Eastfield Drive (Lot 64 -A -EF) City Manager Nealis presented the staff report outlining the applicants' request and background regarding Planning Commission action relative to Zoning Case No. 590. Hearing no discussion or objection, Mayor Hill ordered that Resolution No. 99-7 be received and filed. RESOLUTION NO. 99-8: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL TO CONVERT AN EXISTING GARAGE TO RESIDENTIAL USES, TO CONSTRUCT ADDITIONS AND TO -CONSTRUCT A NEW ATTACHED -GARAGE THAT REQUIRES GRADING FOR AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 591. Dr. and Mrs. Les Hromas, 2 Quail Ridge Road South (Lot 1 -A -CH) City Manager Nealis presented the staff report outlining the applicants' request and background regarding Planning Commission action relative to Zoning Case No. 591. After a brief discussion regarding the driveway access to the property, and hearing no objection, Mayor Hill ordered that Resolution No. 99-8 be received and filed. RESOLUTION NO. 99-9: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL TO AUTHORIZE THE CONTINUED EXISTENCE OF AN EXISTING ILLEGALLY GRADED HILLSIDE AREA AT AN EXISTING SINGLE FAMILY RESIDENCE AT 3 CREST ROAD WEST (LOT 115-1-RH) AND THAT AFFECTS PROPERTY AT 2 QUAIL RIDGE ROAD NORTH (LOT 115-2-RH) IN ZONING CASE NO. 592. Mr. Tien (Tony) Zee and Ms. Colette Zee/Intex Properties Corporation, 3 Crest Road West (Lot 115-1-RH) and that incidentally includes property at 2 Quail Ridge Road North (Lot 115-2-RH). City Manager Nealis presented the staff report outlining the applicants' request and background regarding Planning Commission action relative to Zoning Case No. 592. Hearing no discussion or objection, Mayor Hill ordered that Resolution No. 99-9 be received and filed. RESOLUTION NO. 99-10: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A TENNIS COURT AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 593. Mr. Robert Nagelhout, 16 Crest Road West (Lot 74 -A -MS) Minutes City Council Meeting 03/22/99 -2- 1 11 City Manager Nealis presented the staff report outlining the applicant's request and background regarding Planning Commission action relative to Zoning Case No. 593. After a brief discussion regarding Caballeros' favorable review of the trail that is adjacent to the property and the landscape bond requirements established by the Planning Commission, Mayor Hill ordered that Resolution No. 99-10 be received and filed. 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) City Manager Nealis presented the staff report providing background regarding Zoning Case No. 586 and direction given by the City Council regarding comments from the City Attorney regarding alternatives to granting a variance in this case. City Attorney Mike Jenkins explained that the circumstances of this Zoning Case do not warrant granting a license agreement and that a revocability condition in a resolution is not appropriate since it would not serve to support the findings required to grant a variance in this case. He explained that without a zoning text amendment, that a variance is needed for the structure to remain, otherwise, it would be in strict violation of the Code. Mayor Hill opened the public hearing and called for testimony. In response to Mrs. Beth Harris, applicant, City Manager Nealis provided a definition of a structure as stated in the Rolling Hills Municipal Code and how the definition applies to the garden platform view area. Mrs. Harris commented on the suggestion of a zoning text amendment. She compared her project to a tree houses and other like structures that that do not require a variance. Ms. Christine Mulligan, applicant's representative, indicated that she would answer any questions that the Council may have. She also commented on the applicants' view of city lights from the garden platform/view area and the lack of opposition from neighbors regarding the project. Hearing no further discussion, Mayor Hill closed the public hearing. Mayor Pro Tem Heinsheimer made a motion to approve the Variance indicating that he finds that the view from the garden platform/view area justifies an approval of the project. Councilmember Murdock seconded the motion for the purpose of discussion and expressed concern that approving the project would compromise the integrity of the Zoning Ordinance. Discussion ensued regarding the project. Councilmember Lay concurred with Councilmember Murdock's concern for the project's effect on the integrity of the Zoning Ordinance. Councilmembers and those in attendance discussed the definition of a structure and the process for applying for a Variance. In response to Mayor Hill, City Manager Nealis explained how staff had determined that the garden platform/view area was defined as a structure. Hearing no further discussion, Mayor Hill called for a roll call vote. AYES: Mayor Pro Tem Heinsheimer and Mayor Hill. NOES: Councilmembers Lay and Murdock. ABSENT: Councilmember Pernell. ABSTAIN: None. Minutes City Council Meeting 03/22/99 -3- It was reported that this vote caused the previous action of the Planning Commission to stand in this case, allowing the variance and structure to remain. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME • Mr. Al Esser, 71 Crest Road East, commented on the proposal by Mrs. Marion Busia to relocate the house on her property at 6 Running Brand Road. City Manager Nealis provided an update and indicated that Mrs. Busia is proceeding with meeting the requirements established by the County and will apply to relocate the structure. OLD BUSINESS CONSIDERATION OF RESOLUTION NO. 857: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF ROLLING HILLS AND THE CITY OF TORRANCE, CALIFORNIA, AUTHORIZING AN EXCHANGE OF PROPOSITION "A" TRANSPORTATION LOCAL RETURN FUNDS. City Manager Nealis presented the staff report and Resolution No. 857. Hearing no discussion, Mayor Hill called for a motion. Councilmember Lay moved that the City Council adopt Resolution No. 857. Councilmember Murdock seconded the motion which carried unanimously by those Councilmembers in attendance. NEW BUSINESS CONSIDERATION OF REQUEST FOR PROPOSALS FOR A CITY HALL TELEPHONE SYSTEM. City Manager Nealis presented the staff report. Discussion ensued regarding the specifications outlined in the request for proposals. Mayor Pro Tem Heinsheimer suggested that provisions be included in the request for proposals to include for future high speed data transmission technology. Hearing no objection, Mayor Hill directed staff to proceed with the request for proposal, as amended by the suggestion. MATTERS FROM MEMBERS OF THE CITY COUNCIL REPORT FROM THE PERSONNEL SUBCOMMITTEE. Mayor Hill reported on a meeting held by the Personnel Subcommittee. Hearing no objection, Mayor Hill ordered that the City Attorney be directed to draft the 9`h amendment to the City Manager's Employment Agreement providing a five percent increase in salary and automobile allowance. Staff was directed to prepare a report for an upcoming City Council agenda regarding possible amendments to retirement programs for staff and self- funded health programs for the City Council and the Treasurer. Councilmember Lay reported that he was unable to attend an upcoming status meeting regarding the FAA Demonstration Project. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY None. Minutes City Council Meeting 03/22/99 -4- 1 1 ADTOURNMENT t R Hearing no further business before the +City, Council, Mayor Hill adjourned the meeting at 8:25 p.m., to the next regularly scheduled meeting of the City Council to be held on Monday, April 12, 1999, beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Marilyn L. Kern Deputy City Clerk Approved, Frank E. Hill Mayor Minutes City Council Meeting 03/22/99 -5-