Loading...
9/25/2000MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA SEPTEMBER 25, 2000 CALL TO ORDER An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pernell at 5:40 p.m. at 29 Middleridge Lane South, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Hill, Lay, Mayor Pro Tem Murdock and Mayor Pernell. Councilmembers Absent: None. Others Present: Craig R. Nealis, City Manager. William Hassoldt,10 Pine Tree Lane PUBLIC HEARINGS - CONTINUED ZONING CASE NO. 616: AN APPEAL OF A PLANNING COMMISSION APPROVED REQUEST TO MODIFY A PREVIOUSLY APPROVED VARIANCE FOR THE CONSTRUCTION OF A RESIDENTIAL ADDITION TO ENCROACH INTO THE FRONT YARD SETBACK, A REQUEST TO MODIFY A PREVIOUSLY APPROVED VARIANCE FOR THE CONSTRUCTION OF A STABLE TO ENCROACH INTO THE FRONT YARD SETBACK, AND A REQUEST TO MODIFY A PREVIOUSLY APPROVED SITE PLAN REVIEW TO AUTHORIZE THE MAINTENANCE OF PREVIOUSLY CONDUCTED AND ILLEGAL GRADING AT A SINGLE FAMILY RESIDENCE AT 29 MIDDLERIDGE LANE SOUTH (LOT 248 -A -1 -UR), ROLLING HILLS, CA. Councilmembers viewed the requests for modification of the above referenced variances as well as the unauthorized building pad requested to remain as graded at the above referenced address. Councilmember Lay questioned how the project was originally proposed as a balanced cut and fill due to the existing grading on the property. Mr. Johnson indicated that Doug McHattie was better prepared to answer that question. Mr. Johnson indicated that the soil for the unauthorized pad area was from grading activities that uncovered unacceptable fill material as well as excavations for the pool on his property. Councilmembers discussed the grade of the slope at the edges of the pad area and also viewed the pad from the southern end of the property. ADIOURNMENT Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 6:01 p.m., to a regular meeting of the City Council scheduled to be held on Monday, September 25, 2000 beginning at 7:30 p.m. at Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Mayor Minutes City Council Meeting 09/25/00 Respectfully submitted, C aig R. Nealis City Manager -1- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA SEPTEMBER 25, 2000 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pernell at 7:30 p.m. in the Board Room of the Rolling Hills Community Association Administration Office,1 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Hill, Lay, Mayor Pro Tem Murdock and Mayor Pernell. Councilmembers Absent: None. Others Present: Craig R. Nealis, City Manager. Mike Jenkins, City Attorney Nan Huang, Finance Director Marilyn L. Kern, Deputy City Clerk. Sgt. Susan St. Marie, 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 September 11, 2000. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of August, 2000. RECOMMENDATION: Approve as presented. d. BFI Recycling Tonnage Report for August, 2000. RECOMMENDATION: Receive and file. Councilmember Hill moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Heinsheimer seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS RESOLUTION NO. 2000-19: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 98-12 AND APPROVING A MODIFICATION OF CERTAIN CONDITIONS FOR PREVIOUSLY APPROVED VARIANCES TO ENCROACH INTO THE NORTH AND SOUTH SIDE YARD SETBACKS TO AUTHORIZE THE RETENTION OF PREVIOUSLY ILLEGALLY CONSTRUCTED RETAINING WALLS AT A SINGLE FAMILY RESIDENCE AT 31 CHUCKWAGON ROAD IN ZONING CASE NO. 617. Dr. and Mrs. Lynn Gill, 31 Chuckwagon Road (Lot 16 -CF) City Manager Nealis presented the staff report providing background regarding the applicants' request and Planning Commission action relative to Zoning Case No. 617. Hearing no discussion or objection, Mayor Pernell ordered that Resolution No. 2000-19 be received and filed. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PUBLIC HEARING. RESOLUTION NO. 887: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ESTABLISHING A RESERVE ACCOUNT WITHIN THE GENERAL FUND FOR THE CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PROGRAM AND MAKING APPROPRIATIONS THEREFROM. Minutes City Council Agenda 09/25/00 -1- City Manager Nealis presented the staff report providing background regarding the Citizens Option for Public Safety Program and introduced Resolution No. 887. Mayor Pernell opened the public hearing and called for testimony. Hearing none and hearing no objection, Mayor Pernell closed the public hearing and called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 887. Councilmember Lay seconded the motion which carried unanimously. PUBLIC HEARINGS — CONTINUED ZONING CASE NO. 616: AN APPEAL OF A PLANNING COMMISSION APPROVED REQUEST TO MODIFY A PREVIOUSLY APPROVED VARIANCE FOR THE CONSTRUCTION OF A RESIDENTIAL ADDITION TO ENCROACH INTO THE FRONT YARD SETBACK, A REQUEST TO MODIFY A PREVIOUSLY APPROVED VARIANCE FOR THE CONSTRUCTION OF A STABLE TO ENCROACH INTO THE FRONT YARD SETBACK, AND A REQUEST TO MODIFY A PREVIOUSLY APPROVED SITE PLAN REVIEW TO AUTHORIZE THE MAINTENANCE OF PREVIOUSLY CONDUCTED AND ILLEGAL GRADING AT A SINGLE FAMILY RESIDENCE AT 29 MIDDLERIDGE LANE SOUTH (LOT 248 -A -1 -UR), ROLLING HILLS, CA. City Manager Nealis presented the staff report providing background regarding the applicants' request and Planning Commission action relative to the subject Zoning Case. He reported that the City Council conducted a field trip at 5:30 p.m. today. In response to a query in the field, City Manager Nealis reported that the grading quantity for the previous approval is 4,980 cubic yards. and the current existing/ proposed grading is 4,650 cubic yards. Mayor Pernell opened the public hearing and called for testimony. Mr. Ken Johnson, applicant, indicated that he would answer any questions that the City Council may have. He stated that he feels that he did not create the pad below his residence illegally and objected to this reference. In response, the City Attorney commented that the term "illegal" refers to construction or grading that did not have original approvals. Hearing no further public testimony, Mayor Pernell closed the public hearing. Councilmember Heinsheimer stated that for discussion purposes, he would like to suggest that if the City Council is inclined to approve the project that the term "illegal grading" not be included in the approval. He also suggested that conditions could be added to the approval that the area be maintained for equestrian use only and that no structures be permitted in the area, that the applicant install a white 3 rail fence, that the graded area be smoothed out to a more natural state, and that the applicant provide landscaping for the area that includes California native plants similar to the vegetation in the canyon. Councilmembers discussed the amount of grading that was completed. Councilmember Heinsheimer commented on the fact that this project is still on-going which differs from as - built projects brought before the City that are 100% completed. In response and for clarification, City Manager Nealis explained that the grading plan that was approved by the Planning Commission did not include the pad area under discussion this evening. Mr. Nealis described that the letter sent to Mr. Johnson by the City had requested that he bring his property into conformance with the approved grading plan or seek approval from the City to maintain the pad area. Mayor Pro Tem Murdock stated that she feels that the slopes adjacent to the pad should be returned to a ratio of 2:1. Mayor Pernell expressed concern regarding the awkward position that the Planning Commission and the City Council are placed in reviewing as -built projects. Councilmember Heinsheimer indicated that he feels that this project is in an interim condition rather than as - built and that the project will increase the equestrian use of the property with out creating any precedent that the City Council approved an illegal condition on a property. Councilmembers suggested that the topic of land use applications procedures in cases involving pre-existing and/or unauthorized grading or building activities be added to the City Council Retreat Agenda. Mayor Pernell commented on the condition of the graded pad area and expressed concern regarding possible erosion during a rain storm. He suggested that a condition requiring the applicant to provide a drainage plan in connection with the project be added. Discussion ensued regarding the issue of the soil condition of the pad area. Councilmember Hill stated that he concurs with Councilmember Heinsheimer's suggested conditions for this project. He indicated that he feels that if the applicant were to export the soil from the area Minutes City Council Agenda 09/25/00 -2- that damage would be caused to the roadways in the area. He also indicated that he is in agreement with Mayor Pro Tem Murdock's suggestion that the slopes adjacent to the pad be returned to a ration of 2:1. Mr. Johnson explained that the pad area was compacted to the same specifications as the rest of his project so that there would be no erosion during the construction process, however, it has not been inspected. Councilmember Lay commented on the grading issue and expressed concern regarding balanced cut and fill requirements and the accuracy of grading plans submitted to the City for review. In response to Councilmember Lay, City Manager Nealis reported that soil from pool excavations when they are not attached to other projects on a property is used by the Rolling Hills Community Association for roadway improvements in the City. Councilmembers concurred that methods to improve the accuracy of grading plans submitted to the City should be added to the City Council Retreat Agenda. Councilmembers discussed the proposed conditions that were suggested during deliberation. City Manager Nealis stated that with City Council direction, staff would prepare a resolution of approval in this case for review by the City Council at their next meeting. Hearing no further discussion, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council direct staff to prepare a resolution of approval in Zoning Case No. 616 with the following conditions and amendments added to the Planning Commission resolution of approval for this case: 1) that the term "illegal grading" not be included in the resolution; 2) that the area be maintained for equestrian use only and that no structures be permitted in the area; 3) that the applicant install a white 3 rail fence, 4) that the graded area be smoothed out to a more natural state and that slopes adjacent to the pad be returned to a 2:1 slope; 5) that the applicant provide a landscaping plan for the area that shall include California native plants similar to the vegetation in the canyon; and 6) that the applicant provide a drainage plan for County approval. This item was request to be returned to the City Council on Monday, October 9, 2000. OLD BUSINESS STATUS REPORT REGARDING WEEKEND CODE ENFORCEMENT EFFORTS. City Manager Nealis presented the staff report providing information regarding the weekend code enforcement efforts conducted by the Los Angeles County Department of Building and Safety every other weekend since April 5, 2000. Councilmembers discussed the merits of the program and the fact that no unauthorized building or grading activity was uncovered during this enforcement. Councilmembers directed that this item be placed on the October 30, 2000 City Council Retreat Agenda. RESOLUTION NO. 888: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING THE TRANSFER OF THE CITY OF ROLLING HILLS' ALLOCATION OF SURFACE TRANSPORTATION PROGRAM LOCAL (STP -L) FUNDS TO THE CITY OF ROLLING HILLS ESTATES. City Manager Nealis introduced Resolution No. 888. Hearing no discussion, Councilmember Hill moved that the City Council adopt Resolution No. 888. Mayor Pro Tem Murdock seconded the motion which unanimously. NEW BUSINESS CONSIDERATION OF A PROPOSAL FROM PALOS VERDES ON THE NET FOR THE DESIGN AND MAINTENANCE OF THE CITY OF ROLLING HILLS WEBSITE. City Manager Nealis presented the staff report providing information regarding the proposal from Palos Verdes on the Net for the design and maintenance of a website for the City. Mayor Pernell stated that during a California Contract Cities Association Conference he learned that a number of cities are creating websites and that these cities have indicated that they have experience an offset in costs related to maintaining services over a website. Mr. Ted Vegvari, President, Palos Verdes on the Net, provided a brief overview of the proposal he submitted. He stated that he has provided similar services to Rancho Palos Verdes and Rolling Hills Estates. Discussion ensued regarding the types of municipal services that could be provided on a website. Councilmember Heinsheimer suggested that a statement of objectives be developed to assist the City in determining the types of services to be provided on a City website. Councilmembers requested that this item be placed on the October 30, 2000 City Council Retreat Agenda for consideration of establishing a statement of objectives. Minutes City Council Agenda 09/25/00 -3- OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Lay commented on the South Bay Cities Council of Governments supporting position on Proposition 35. Mayor Pernell commented on the format for the October 30, 2000 City Council Retreat. MATTERS FROM STAFF City Manager Nealis reported that the Wildlife Preservation Committee will be conducting a Native Plant Talk and Sale at the Native Plant Demonstration Garden on October 21, 2000. City Manager Nealis reported that Planning Director Lola Ungar has submitted a letter indicating that she will be retiring as of December 30, 2000. He indicated that unless there are any objections from the City Council that he would proceed and administer the recruitment process. Councilmembers supported the City Manager's efforts in this regard. MATTERS FROM THE CITY ATTORNEY None. ADIOURNMENT Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 8:45 p.m., to the next regularly scheduled meeting of the City Council to be held on Monday, October 9, 2000, beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, I Marilyn L. Ke 3'n Deputy City Clerk Mayor 1 Minutes City Council Agenda 09/25/00 -4-