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9/10/2007i MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA SEPTEMBER 10, 2007 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Black at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. 2. ROLL CALL Councilmembers Present: Heinsheimer, Pernell, Lay, Mayor Pro Tem Hill and Mayor Black. Councilmembers Absent: None. Others Present: Anton Dahlerbruch, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. St. Greg Ahn, LASD, Lomita Station. Rolling Hills Estates Mayor Susan Seamans, Mayor Pro Tem Frank Zerunyan, Councilember John Addleman, Councilmember Judith Mitchell, and Councilmember Steven Zuckerman presented a plaque to the Rolling Hills City Council in recognition and celebration of the City's 501" Anniversary of Incorporation. 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 August 27, 2007. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Consideration of Resolution No. 1026: A resolution of the City of Rolling Hills adopting an amended Natural Hazards Mitigation Plan and authorizing the City Manager to amend and update the plan when required by State Law. RECOMMENDATION: Approve as presented. d. Planning Commission Priorities/ Work Plan. RECOMMENDATION: Approve as presented. e. Correspondence from California Water Service Company regarding Credit Card Pilot Program. RECOMMENDATION: Approve as presented. f. Refuse Contract Renewal Schedule. RECOMMENDATION: Receive and file. g. Comments to the Notice of Intent to Adopt a Mitigated Negative Declaration from the City of Rancho Palos Verdes. RECOMMENDATION: Receive and file. Councilmember Heinsheimer moved that the City Council approve the items on the Consent Calendar. Councilmember Lay seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS RESOLUTION NO. 2007-13. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE ON A LOT DEVELOPED WITH A SINGLE FAMILY RESIDENCE AT 22 SADDLEBACK ROAD, (LOT 15-RH), IN ZONING CASE NO. 744, (STEINHAUER). Planning Director Schwartz presented the staff report outlining the applicants' request and providing background regarding the property and Planning Commission action relative to Zoning Case No. 744. Hearing no discussion, Mayor Black called for a motion. Minutes City Council Agenda 09/10/07 -1- Mayor Pro Tem Hill moved that the City Council receive and file Resolution No. 2007-13. Councilmember Lay seconded the motion which carried unanimously. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS ORDINANCE NO. 305: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING THE PLANNING COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. (SECOND READING AND ADOPTION) ORDINANCE NO. 306: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING THE ADVISORY TRAFFIC COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. (SECOND READING AND ADOPTION) City Manager Dahlerbruch reported that the City Council introduced the ordinances at their last meeting and that it is presented this evening for second reading and adoption. Hearing no discussion, Mayor Black called for a motion. Councilmember Heinsheimer moved that the City Council waive further reading and adopt Ordinances No. 305 and 306. Councilmember Pernell seconded the motion which carried unanimously. CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION RELATIVE TO A REQUEST FOR THE RELOCATION OF THE CURVE DELINEATORS AT 44 EASTFIELD DRIVE. City Manager Dahlerbruch presented the staff report outlining the request from the property owner of 44 Eastfield Drive for the relocation of the curve delineators to provide parking in the easement in front on their home and the Traffic Engineers recommended relocation and spacing of the delineators to accommodate the request. Discussion ensued regarding the Traffic Engineer's recommendation. It was noted that trees and other shrubbery are located in the easement and it was suggested that the property owner at 44 Eastfield Drive clear the area before the delineators are relocated in order to provide for the optimal location of the delineators. Comments were offered regarding the RHCA's letter to the property owner regarding a condition of the issuance of a license agreement for planting in a side easement that the front easement be cleared of planting. Vanessa Munoz, Traffic Engineer explained that curve delineators are necessary to provide additional guidance to motorists who are maneuvering the curve. She indicated that the delineators supplement the pavement marking and delineation. Councilmembers discussed that following the clearing of the easement in the area that the RHCA may wish to address the condition of the roadway easement by providing more fill as they have done in other areas of the City if it is necessary at 44 Eastfield Drive. Hearing no further discussion, Mayor Black called for a motion. Councilmember Lay moved that the City Council approve the request from the property owner at 44 Eastfield and the Traffic Engineers recommendation for the relocation of the curve delineators at 44 Eastfield Drive with a condition that the area be cleared first in order for the replacement delineators to be located in the most optimal locations. Councilmember Heinsheimer seconded the motion which carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Lay, Pernell and Mayor Pro Tem Hill. NOES: Mayor Black. ABSENT: None. ABSTAIN: None. Minutes City Council Agenda 09/10/07 -2- It was suggested that staff communicate to the RCHA that they may wish to fill the area with soil after the clearing has been completed. NEW BUSINESS City Manager Dahlerbruch suggested that the City Council consider the Professional Services Agreement between the City and Geosyntec at this time. Hearing no objection, Mayor Black so ordered. CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ROLLING HILLS AND GEOSYNTEC FOR 10 -MONTHS AND THE OPTION FOR EXTENDING THE AGREEMENT UP TO THREE -YEARS; THE FIRST YEAR AMOUNT NOT -TO -EXCEED $14,777. City Manager Dahlerbruch presented the staff report providing background and information regarding the agreement for consultant services to implement the requirements of the NPDES and TMDL matters. It was noted that Ms. Kathleen McGowan, the City's current consultant, has joined this firm and would continue to represent the City regarding these matters. Following discussion, Councilmember Heinsheimer moved that the City Council approve the professional agreement between the City and Geosyntec in an amount not to exceed $14,777 in the first year, for 10 months, with the option for extending the agreement for up to 3 years. Councilmember Pernell seconded the motion. Councilmembers discussed the City's option to extend the agreement for up to 3 years and any future costs that may be associated with an extension. It was explained the costs for the extension would be negotiated at that time and that the City would have the option to either extend the agreement at that time or not. Following the discussion, the motion carried unanimously. CONSIDERATION OF THE APPROVAL OF THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH RTK ARCHITECTS, INC. FOR THE REMODEL OF THE CITY HALL LOBBY AREA. City Manager Dahlerbruch presented the staff report outlining the proposal to remodel the lobby area of City Hall and provided information regarding the conceptual drawing of the proposed new floor plan. Discussion ensue regarding the costs associated with the expenses for the consultant to carryout the next phases of the project which would included preparing plans and specifications. so that the bidding process could begin. Following discussion regarding the project triggering ADA requirements on the City Hall restroom facilities, this item was held on the agenda for consideration at the next meeting. Staff was directed to ascertain whether the proposed improvements would trigger ADA improvements to other parts of City Hall. TELEPHONE SYSTEM REPLACEMENT. City Manager Dahlerbruch presented the staff report outlining the inadequacies of the current system and the advantages of the proposed new system. City Manager Dahlerbruch explained that staff had checked with other companies that have used the system and they all indicated that they are satisfied with the operation of the system. He also explained that the repairs to the system would be handled by the company providing the equipment which will include a 5 -year warranty on parts and 1 -year on labor. Hearing no further discussion, Mayor Black called for a motion. Councilmember Heinsheimer moved that the City Council approve the purchase of a new telephone system for City Hall. Councilmember Lay seconded the motion which carried unanimously. CONSIDERATION OF MUNICIPAL CODE RELATED TO THE USE OF STABLES. City Manager Dahlerbruch presented the staff report providing background and information regarding this matter. He said that staff is seeking direction from the City Council on whether or not it is interested in modifying the Municipal Code relative to the definition of the use of Minutes City Council Agenda 09/10/07 -3- stables. He indicated that if a modification is desired, it is suggested that the matter be referred to the Planning Commission with direction as to the elements of the Municipal Code that should be modified. It was noted that the current code allows for a stable to be used to shelter and feed permitted domestic animals. Discussion ensued regarding the agricultural and rural uses of stables in the City's residential -agricultural -suburban (RAS) zoning. It was suggested that the definition of stables could be expanded to include uses that are compatible with the RAS zoning. It was noted that some residents may not have an animal and that there may be other uses for the stable such as agricultural or storage. Concerns were expressed regarding stables that may have been converted into living space without the benefit of building permits and inspected for compliance with electrical, fire and plumbing codes. Councilmembers discussed that stables are encouraged in the City and the over-the-counter process for approving stables. It was suggested that if a Conditional Use Permit were required for all stables that the Planning Commission review process might deter residents from converting stables into living space and provide for better designed and higher quality stables. Comments were offered that this process might also serve to also preserve stables in the City for future property owners who wish to keep animals on their property. Discussion ensued regarding the number of larger barns in the City and the possibility that these stables may require onsite personnel to attend to the animals. The use of tack rooms as living quarters was discussed. Mrs. Jill Smith, 10 Georgeff Road, indicated that she does not feel that this practice is prevalent in Rolling Hills. Planning Director Schwartz explained that tack rooms are allowed to have restroom facilities with sinks and showers. She commented on Health Department requirements that would not allow for a person living in a stable. It was noted that stables might include other horse keeping facilities such as foaling quarters and offices. Councilmembers discussed the enforcement of the Municipal Code when stables are converted into other uses. Comments regarding the history of stables in the City and numerous stables in the City that have been converted over the years. Concern was expressed about the feedback from residents should the City begin aggressively enforcing the Municipal Code related to the uses of stables. It was noted that when voluntary compliance is not obtained that the City has no other option than to pursue legal remedies to gain compliance. It was suggested that the Municipal Code could be amended to allow for other uses for stables to ensure compliance all safety regulations and so staff would have clear direction when a legitimate complaint regarding a conversion is received by the City. It was suggested that the Mayor appoint a subcommittee to study this issue further but following discussion, it was suggested that the Planning Commission be directed to review this issue. Discussion ensued regarding a process used in other cities that requires an inspection of the property prior to its sale to advise prospective buyers of the non-compliant structure. It was noted that this procedure may not be as beneficial as the expansion of the Municipal Code to allow for other uses. Mrs. Jill Smith, 10 Georgeff, commented on the discussion and indicated that she feels the City Council is moving in the right direction to address the use of stables in the City. She reiterated that she feels that the properties in Rolling Hills are not large enough to have full-time onsite stable personnel which would require quarters for them to live in. Further discussion ensued regarding the over-the-counter approval process for stables. Planning Director Schwartz explained the during her review of plans stables for approval over the counter that the plan must conform to the same pad coverage guidelines and regulations as if they were reviewed by the Planning Commission. She indicated that the County Department of Building and Safety and the RHCA also reviews the plan. Discussion ensued regarding the requirements for a septic tank if restroom facilities are provided in a stable. Councilmembers discussed stables versus guesthouses in the City. Concerns were expressed that if stables were converted into habitable space that the complexion of the City would be changed. It was noted that any changes regarding the uses for stables should take into account the rural character of the City. Further discussion ensued regarding the enforcement of the Municipal Code related to converted stables. It was noted that it would not be equitable to enforce the code on the most recently converted stables and not enforce the code on the stables that had been converted for Minutes City Council Agenda 09/10/07 -4- years. The size of properties that can handle both a stable and guesthouse was discussed and the fact that many smaller properties cannot handle both a stable and a guesthouse. Discussion ensued regarding the complaints received regarding stable conversions and how staff should proceed with enforcement of the Municipal Code. Recent enforcement efforts in a neighboring city were discussed. Hearing no further discussion, Mayor Black called for a motion. Councilmember Lay moved that the City Council request that the Planning Commission review the issue of stables with the following guidance: 1. Encourage stables for rural and agricultural purposes. 2. Discourage barns as a secondary residence. 3. Discourage the improper conversion of barns that preclude them from future appropriate use. 4. Expand the definition of stable uses to the extent that uses do not violate County or State laws in order to capture existing uses and narrow the possible violations. 5. Consider whether or not stables should continue to receive over -the counter approval or alternatively, a CUP that requires Planning Commission review. It was suggested that these items should be considered in the spirit of the rural character of the City and the RAS zoning. Mayor Pro Tem Hill seconded the motion which carried unanimously. COMMENTS TO NEGATIVE DECLARATION FOR U.S. ARMY RECLAIMED WATER PROJECT. City Manager Dal-lerbruch presented the staff report and draft letter to the U.S. Army Corps of Engineers expressing concerns about the impact of proposed construction on Palos Verdes Drive North on pedestrian and vehicular traffic. Hearing no discussion Mayor Black called for a motion. Councilmember Heinsheimer moved that the City Council direct staff to send the correspondence attached to the staff report in response to the Draft Supplemental Environmental Assessment and Mitigated Negative Declaration for the Harbor -South Bay Water Recycling Project. Councilmember Lay seconded the motion which carried unanimously. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Mayor Black commented on recent coyote sightings in the City. Staff reported on recent reports of hearing and seeing coyotes and indicated that the County Department of Agriculture has been informed to contact the residents. Councilmember Pernell commented on recent correspondence from the Agricultural Department regarding the Oriental fruit fly. It was suggested that staff prepare a letter thanking the Department for their actions in this regard. MATTERS FROM STAFF AD HOC INFORMATION EXCHANGE FOCUS GROUP City Manager Dahlerbruch presented the staff report outlining a process for the appointment of participants to an ad hoc information exchange focus group. Councilmembers discussed the process outlined in the staff report and concurred that such a group would be an excellent way to involve more residents in issues affecting the City. It was suggested that the City Manager be authorized to appoint members to the group. Following discussion regarding how the group should be selected, Mayor Pro Tem Hill moved that the City Council authorize the City Manager to advertise in the Citywide Newsletter the opportunity for residents to participate in an Information Exchange Focus Group and at his Minutes City Council Agenda 09/10/07 _5_ discretion to select members. Councilmember Lay seconded the motion which carried unanimously. It was suggested that in appointing members to the Focus Group that the City Manager take into consideration the length of time the proposed member has resided in the community, development experience and interest in the Community. It was also suggested that the City Manager report quarterly to the Council on the discussion matters of the Focus Group. LOW PRESSURE SEWER City Manager Dahlerbruch presented the staff report providing background and information regarding a low-pressure sewer system. He reported on a recent meeting that was held to discuss all aspects of constructing, operating and maintaining a low-pressure sewer system. Discussion ensued regarding conducting a feasibility study and the specifications that should be developed for such a study. Concerns regarding who would maintain the system were expressed. Costs associated with a feasibility study were also discussed. City Manager Dahlerbruch indicated that funds are in the FY 07-08 budget for a feasibility study. Following the discussion, the City Council supported a feasibility study that focuses on the pilot project areas but takes into account the potential future expansion of the system. It was suggested that a detailed scope of work for the study be provided and it was specified that the study should address specific questions such as: is boring an option, who maintains the system, what is the cost over time, and where has this type of system been in place the longest. Councilmembers expressed that they are interested in a field trip to view a working system. There was no objection raised to engaging the City's contract engineers for the study. MATTERS FROM THE CITY ATTORNEY Hui -Tse Sheen, Individual, Plaintiff, vs City of Rolling Hills, Rolling Hills Community Association, et. al., Los Angeles County Superior Court, Case No. YC051963. G.C. 54956.9(a) Jonas, et al. v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No. YC033955. G.C. 54956.9(a) Freeman v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No. YC054015. Conference with Real Property Negotiator Government Code Section 54956.8 Property Address: Los Angeles Assessors Parcel # 7574-020-900 City Negotiator: City Manager Negotiating Parties: County of Los Angeles Under Negotiation: Price and Terms of Payment No closed session was held. ADTOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 9:25 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, September 24, 2007 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approv James Bla Mayor Minutes City Council Agenda 09/10/07 Respectfully submitted, Marilyn Kern Deputy City Clerk I on L 1 ;1