10-08-2018 MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, OCTOBER 8,2018
1. CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Wilson at
7:02 p.m. in the City Council Chamber at City Hall,2 Porluguese Bend Road, Rolling Hills, California.
2. ROLL CALL
Councilmembers Present: Black(arrived at 7:59 p.m.)Dieringer,Mirsch, and Mayor Wilson.
Councilmembers Absent: Pieper(excused).
Others Present: Elaine Jeng, P.E., City Manager. �
Mike Jenkins, City Attorney.
Yolanta Schwartz,Planning Director
Julia Stewart, Senior Planner.
Yvette Hall, City Clerk.
3. OPEN AGENDA-PUBLIC COMIV�NT WELCOME
NONE.
4. CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any Councilmember may
request removal of any item fi•om the Consent Calendar causing it to be considered under Council
Actfons.
A. Payment of Bills.
RECOMMENDATION: Approve as presented.
Councilmember Dieringer moved that the City Council approve the item on the consent calendar as
presented. Mayor Pro Tem Mirsch seconded the motion, which carried without objection as follows:
AYES: COLJNCILMEMBERS: Dieringer, Mirsch and Wilson.
NOES: COUNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: Black and Pieper.
ABSTAIN: COUNCILMEMBERS: None.
5. COMMiSSION ITEMS
A. RESOLUTION NO. 2018-12 - A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A CONDITIONAL
USE PERMIT TO CONVERT THE EXISTING 1,560 SQUARE FOOT STABLE TO A
MIXED-USE STRUCTURE; AND TWO VARIANCES FOR A 24 FOOT
ENCROACHMENT INTO THE FRONT YARD SETBACK WITH A 330 SQUARE
FOOT ADDITION TO THE RESIDENCE AND WITH A MIXED-USE STRUCTURE IN
ZONING CASE NO. 939 AT 9 JOHNS CANYON ROAD, LOT 170-A-1-MS, (DAVID
STONE).
Mayor Wilson introduced the item and asked for staff's comments. Senior Planner Stewart reviewed the
applicant's proposed small residential addition, legalizing an as-built residential addition, demolishing an
existing swimming pool, pool deck, pool equipment and covered porch area, and converting an existing
stable into a mixed-use structure in Zoning Case No. 939 at 9 Johns Canyon Road. She indicated that the
applicant is requesting a Conditional Use Permit(CLTP)to canvert an existing 1,560 square foot stable to a
mixed-use structure with a recreation room and storage space. Senior Planner Stewart indicated that no
public inquiries were received for the project. Senior Planner Stewart stated that the project is
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categorically exempt from the California Environmental Quality Act (CEQA) and that the findings for the
CUP and a Variance are identified in the staff report.
In response to Mayor Wilson's question, Senior Planner Stewart reviewed the setback requirements for the
proj ect.
Councilmember Dieringer commented that it is clear that there was some work done after the stable was
erected and based upon where the stable is located. Councilmember Dieringer commented that the
applicant then made an addition without permission.
In response to Councilmember Dieringer's comment, Senior Planner Stewart confirmed that the applicant
did make an addition. Senior Planner Stewart stated that two events occurred. She stated that one action
taken by the applicant was related to a permitted portion of the residence that was not constructed
properly; therefore, the project was one foot too close. She stated that the second action taken by the
applicant was related to a portion of the project being enclosed without a permit. Senior Planner Stewart
indicated that even if the unpermitted portion had not been done, there is still the permitted portion of the
residence that was not constructed according to the plan and was one foot off.
Councilmember Dieringer expressed concern with this project setting a precedent by allowing an
exception for the applicant who has an existing stable with two stories on it. She indicated that the
applicant is requesting to convert it to another land use although it was not constructed pursuant to the
plan and was created by a one foot variance that was too close.
In response to Mayor Wilson's question, City Attorney Jenkins stated that the purpose of this report is to
ascertain if the City Council should take jurisdiction or receive and file the report and leave the Planning
Commission's (PC) decision in place. He stated that he feels that Councilmember Dieringer is making an
argument to take the project under jurisdiction. City Attorney Jenkins noted that he spoke to
Councilmember Dieringer about her concerns. He stated that he feels that the zoning ordinance is clear
that storage is permitted above a mixed-use structure. He indicated that he asked Planning Director
Schwartz whether the storage area complied with all of the requirements in the zoning ordinance for
storage areas and that Planning Director Schwartz confirmed that the project meets the requirements. City
Attorney Jenkins stated that he does not feel that the project will set a precedent and that the project fully
complies with the City's code. City Attorney Jenkins recommended that the City Council consider an
amendment to the zoning ordinance in the future.
Discussion ensued concerning the conditions for accessory uses under Rolling Hills Municipal Code
Section 17.16.200, the square footage requirements of accessory structures that are approved over the
counter by staff and those projects above 200 square feet that require a CUP, limitations of each type of
accessory uses to adhere to the municipal code even with a Variance, and square footage requirements for
mixed-uses,the subject project's request for a CUP and Variances, and stable uses.
Mayor Wilson called for public comment. Hearing none,he closed the public comment segment.
Councilmember Dieringer moved that the City Council take Zoning Case No. 939 at 9 Johns Canyon
Road under jurisdiction to evaluate the project further based on her aforementioned reasons. Mayor Pro
Tem Mirsch seconded the motion.
Mayor Pro Tem Mirsch stated that the current municipal code allows for the use of storage areas;
therefore, this project complies with those requirements as presented by staff. She stated that the City
Council may wish to separately consider changing the requirements by amending the municipal code,
instead of taking this project under jurisdiction.
Mayor Wilson called for a roll call vote on the aforementioned motion. The motion failed by the
following roll call vote:
AYES: COLTNCILMEMSERS: Dieringer.
NOES: COLTNCILMEMBERS: Mirsch and Wilson.
ABSENT: COUNCILMEMBERS: Black and Pieper.
ABSTAIN: COUNCILMEMBERS: None.
City Attorney Jenkins advised the City Council that there is a time limit to either receive and file or take
the project under jurisdiction.
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City Council Meeting
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Mayor Wilson moved that the City Council receive and file the report as presented. Mayor Pro Tem
Mirsch seconded the motion. Mayor Wilson called for a roll call vote. The motion passed by the
following roll call vote:
AYES: COUNCILMEMBERS: Mirsch and Wilson.
NOES: COiJNCILMEMBERS: Dieringer.
ABSENT: COLTNCILMEMBERS: Black and Pieper.
ABSTAIN: COiJNCILMEMBERS: None.
� 6. PUBLIC HEARINGS
NONE.
7. OLD BUSINESS
NONE.
8. NEW BUSINESS
A. CONSIDERATION OF APPROPRIATION OF $5,000 FROM GENER.AL FUND FOR
TENTTIS CLUB.
Mayor Wilson introduced the item and asked for staff s comments. City Manager Jeng presented the staff
report and stated that each year the City works with the Rolling Hills Community Association's (RHCA)
organizations, which include the Caballeros Club,the Tennis Club and the Women's Club, to discuss their
plans for the upcoming fiscal year. City Manager Jeng indicated that historically the City has appropriated
funding to all three organizations. She indicated that the Tennis Club did not make a request this year.
She stated that the Tennis Club is requesting an allocation of$10,000 to be used for light-emitting diode
lighting and club activities. City Manager Jeng stated that in previous years the City appropriated $5,004.
City Manager Jeng noted that she discussed the lighting needs with the RHCA and both parties agreed that
the installation of the lighting should be examined further to determine what effects the lighting may have
�-- on the surrounding area.
In response to Mayor Pro Tem Mirsch's question, City Manger Jeng stated that funding for the Tennis
Club was not allocated in the FY 2018-2019 Budget.
Councilmember Dieringer moved that the City Council authorize a budget adjustment for FY 2018-2019
in the amount of$5,000 in General Funds for the Rolling Hills Community Association Tennis Club and,
upon submittal of receipts of expenditures made by the Tennis Club, that the Ciry will reimburse the
Tennis Club. Mayor Pro Tem Mirsch seconded the motion, which carried without objection as foliows:
AYES: COLTNCILMEMBERS: Dieringer, Mirsch and Wilson.
NOES: COLTNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: Black and Pieper.
ABSTAIN: COLTNCILMEMBERS: None.
B. RECEIVE AND FILE CITY HALL COMPLEX/TENNIS COURTS SEWER
FEASIBILITY STUDY FINDINGS, AND AUTHORIZE STAFF TO PROCEED WITH
ENGINEERING DESIGN.
Mayor Wilson introduced the item and asked for staf�s comments. City Manager Jeng presented the staff
report and provided an update on the Sewer Feasibility Study. She stated that the scope of the study was
to determine whether the tennis courts and City Hall complex could transition from septic tanks into a
sewer main. City Manager Jeng introduced Ray Wellington, of Willdan Engineering, who was in
attendance to answer questions. She stated that the results of the study determined that the City Hall
complex and tennis courts could transition into a sewer main. She discussed the alignments evaluated by
Willdan Engineering and the alignment that was determined to be the most feasible and economical. City
Manager Jeng also discussed future consideration of connecting the residences on Portuguese Bend Road
to a sewer main.
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In response to Mayor Wilson's inquiry, Mr. Wellington stated that he is aware that Los Angeles County
Department of Public Works (LACDPW) has accepted for maintenance a sewer connection that is located
in a private easement in the City. Mr. Wellington stated that he is aware that LACDPW is discussing
whether to allow future sewer connections in private easements and that he will research this matter.
Discussion followed concerning the process and options to connect to the existing sewer line,the Regional
Water Quality Control Board's recent onsite waste treatment system policy on septic tanks, private
easements and public street easements, maintenance provided by LACDPW, past acceptance of older
residential sewer connections that were deeded to the City, and the estimated cost for preliminary
engineering of the City Hall complex and tennis courts.
Discussion followed concerning the regulations to transition from a private septic system to a sewer
system and the potential impacts to undeveloped properties without septic tanks being an option.
Councilmember Black arrived at the meeting at 7:59 p.m.
City Manager Jeng recommended that the City Council implement the first phase of the engineering and
authorize staff to request approval from the Los Angeles County Sanitation Districts to connect to the
existing sewer line, with provisions for future potential tie-ins and amend Willdan Engineering's existing
agreement to proceed with the preliminary design of an 8-inch sewer main pipeline along Portuguese
Bend Road to Rolling Hills Road to Crenshaw Boulevard.
Mayor Wilson moved that the City Council implement the first phase of the design of the City Hall ,
Complex/Tennis Courts Sewer Feasibility Study by securing the Los Angeles County Sanitation Districts'
acceptance of flow from the City Hall Complex/'Tennis Courts,to add in the 235 homes and the associated
discharge amount into the sewer trunk line, and prepare an amendment to the Willdan Engineering
agreement to complete the necessary pre-engineering work for an amount not to exceed $32,000. Mayor
Pro Tem Mirsch seconded the motion,which carried without objection as follows:
AYES: COiJNCILMEMBERS: Black,Dieringer,Mirsch and Wilson.
NOES: COLTNCILMEMBERS: None.
ABSENT: COLJNCILMEMBERS: Pieper.
ABSTAIN: COUNCILMEMBERS: None.
9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
Councilmember Dieringer requested that the City's mu.nicipal code related to the issues that were brought
up during the discussion of Commission Item 5-A of the Agenda, such as the definition of storage area,
lofts, and square footage of accessory structures,be agendized for discussion at a future meeting.
City Manager Jeng suggested that staff draft a memo to the City Council identifying the City's municipal
code as it relates to the conversion of a stable to a storage area. By consensus, the City Council directed
staff to draft a memo as recommended by City Manager Jeng.
10. MATTERS FROM STAFF
Planning Director Schwartz thanked the City Council for selecting her to serve as the Interim City
Manager.
11. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS
CALIFORNIA GOVERNMENT CODE SECTION 54957.6
CITY DESIGNATED REPRESENTATIVE: CITY MANAGER
UNREPRESENTED EMPLOYEE: PLANNING DIRECTOR
The City Council convened into closed session at 8:49 p.m. and City Clerk Hall left the Council Chamber.
12. RETURN TO OPEN SESSION
A. ANNOUNCEMENT OF ACTIONS FROM CLOSED SESSION(ORAL REPORT).
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The meeting reconvened in open session with all Councilmembers in attendance(Pieper absent).
City Attorney Jenkins announced that there was no reportable action from the Closed Session.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Wilson adjourned the meeting at 8:49 p.m. in
memory of long time resident Marcia Gold. T'he next regular meeting of the City Council is scheduled to
be held on Monday, October 22, 2018 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2
Portuguese Bend Road, Rolling Hills, California.
Respectfully submitted,
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Y� tte Hall
City Clerk
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Mayor
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