5/24/2010MINUTES OF
A REGULAR MEETING
. OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, MAY 24, 2010
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 City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
ROLL CALL
Councilmembers Present: Black, Heinsheimer, Hill, Lay and Mayor Pernell.
Councilmembers Absent: None.
Others Present: Anton Dahlerbruch, City Manager.
Elizabeth Calciano, City Attorney.
Yolanta Schwartz, Planning Director.
Heidi Luce, Deputy City Clerk.
Deputy Brandon Epp, Los Angeles County Sheriff's Department.
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 April 26, 2010.
RECOMMENDATION: Approve as presented.
B.
Payment of Bills.
RECOMMENDATION: Approve as presented.
C.
Monthly Financial Statement.
RECOMMENDATION: Approve as presented.
D.
Allied Recycling Tonnage Report for April 2010.
RECOMMENDATION: Receive and file.
E.
Correspondence from Southern California Edison regarding Southern California Edison
Company Rate Application: A.10-04-026 and Notification of Catastrophic Event
Memorandum Account (CEMA) Application filing regarding proposed increase in Electrical
Rates Application No. A.10-04-026.
RECOMMENDATION: Receive and file.
F.
GASB 45 Actuarial Valuation Report as of July 1, 2009.
RECOMMENDATION: Receive and tile.
G.
Disaster Preparedness Committee meeting notes of April 28, 2010.
RECOMMENDATION: Receive and file.
H.
Consideration of an Agreement with Great Cleaning Service, Inc. for City Hall custodial
services.
RECOMMENDATION: Approve as presented.
Councilmember Heinsheimer moved that the City Council approve the items on the consent calendar.
Mayor Pro Tem Lay seconded the motion, which carried unanimously.
COMMISSION ITEMS
RESOLUTION NO. 2010-08 - A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR
GRADING AND CONSTRUCTION OF A NEW RESIDENCE ON A VACANT LOT;
GRANTING A VARIANCE FROM THE REQUIREMENT THAT A STABLE AND CORRAL BE
CONSTRUCTED OR AN AREA FOR A FUTURE STABLE AND CORRAL BE SET ASIDE,
AND GRANTING VARIANCES TO ALLOW THE MOTOR COURT TO COVER MORE THAN
THE ALLOWED AREA OF THE FRONT SETBACK AND TO CONSTRUCT A NOT TO
EXCEED 5 -FOOT HIGH WALL ALONG A PORTION OF THE MOTOR COURT IN THE
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FRONT SETBACK IN ZONING CASE NO. 779, AT 3 MEADOWLARK LANE, (LOT 19-RH),
(WEINSTEIN). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
Councilmember Heinsheimer recused himself from deliberation on this case due to a conflict and left the
Council Chambers. Planning Director Schwartz presented the staff report concerning the project at 3
Meadowlark Lane. Following brief discussion, Mayor Pro Tem Lay moved that the City Council receive
and file Planning Commission Resolution No. 2010-08. Councilmember Hill seconded the motion, which
carried by those Councilmembers in attendance.
Councilmember Heinsheimer returned to the dais.
PUBLIC HEARINGS
ORDINANCE NO.319 - ZONING CODE AMENDMENT NO. 2010-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING
CERTAIN PROVISIONS OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL
CODE PERTAINING TO CITY-WIDE REGULATIONS ON KEEPING OF ANIMALS;
DEVELOPMENT STANDARDS FOR STABLES, CORRALS AND OTHER ANIMAL KEEPING
FACILITIES; APPROVAL PROCESS FOR STABLES AND CORRALS AND OTHER ANIMAL
KEEPING FACILITIES; AMENDING CERTAIN DEFINITIONS AND PROVISIONS OF THE
ZONING CODE RELATING TO ANIMAL KEEPING AND ACCESSORY STRUCTURES AND
TO GENERALLY CLARIFY AND CODIFY CERTAIN PROVISIONS ALLOWED BY POLICY
AND PROVIDE DEVELOPMENT STANDARDS CONSISTENCY BETWEEN STABLES AND
OTHER ACCESSORY USES.
City Manager Dahlerbruch stated that Ordinance No. 319 is being presented to the City Council for their
consideration and provided an introduction to the ordinance. He stated that the municipal code allows
several types of accessory structures — the major ones being guesthouses, recreation rooms, garages and
stables. He stated that guesthouses and recreation rooms are strictly regulated and among other things, they
cannot be over 800 square feet and require a conditional use permit. He stated that stables have had special
status in the city because the city has wanted to sustain an equestrian character noting that stables are
strongly encouraged so much so that they receive over-the-counter approval and there is no limit on their
size. He further noted that many say that getting approval and building a barn is easier than getting approval
and building a house.
He further stated that currently the allowed uses for a stable, as defined in the municipal code, are very
narrow and stables, today, can only be used for animals, tack and feed noting that while they are easy to
build, the allowed uses of them are limited. He stated that over the years, it appears that fewer households
have horses and stables are used for things other than animals, tack and feed; and that some others, knowing
how easy it is to get the approval of a stable, build a stable to avoid the approval process for a guesthouse or
recreation room. He stated that the intentional or unintentional conversion of barns, without building
permits for plumbing, electrical and construction, causes a safety concern noting that with unapproved
stable conversions, residents should be concerned about their structure because the work was not inspected
and, the community should be concerned if that construction or use has an unintended outcome such as
causing a fire.
He stated that in confronting this dilemma, the city could simply enforce the existing provisions on all
illegally converted barns but that that the City Council, balancing practical realities of today with their
desire for stables, instead concluded that broadening the allowed uses of stables would provide residents
with more flexibility for when they don't have animals thus directing the Planning Commission to develop
an ordinance that makes it so stables remain useable as a stable, but with flexibility when the residents is not
housing animals. He stated that the Planning Commission spent two years working on this issue to come up
with the ordinance in front of you tonight and as a part of that process, there were eight ad hoc committee
meetings, ten Planning Commission meetings and six public hearings. He noted that there were also touch
points along the way with Caballeros. He stated that the Commission took the approach that stables should
be encouraged and continue to get special status but the approval process should be structured so there is no
incentive to build anything other than what is intended. He stated that they recommended in the proposed
ordinance that a stable should still be allowed to be any size — in contrast to the 800 sq foot limit on a
guesthouse and recreation room; but, like a guesthouse and recreation room, a stable too will require a
conditional use permit.
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He stated that the Planning Commission could have stopped there but concluded that the rules for the use of
stables should still be relaxed. He stated that rather than limit stable uses to animals, tack and feed, the
Commission recommends that 60% of a stable be dedicated to agricultural uses and 40% be available for
tack room and other passive uses when not used for animals: He noted that agricultural space would be for
animals and feed and tack room space would be for saddles, bridles, furniture, trophy cases and the like.
He stated that the outcome is that if a resident wants to have a guesthouse, recreation room or stable, the
application process will now be the same so it makes sense to apply for what is desired. He also stated that
to maintain one of the pillars upon which the city was founded, the set aside requirement remains and,
stables can still be any size; but, for stables without animals, the tack room can be used for passive
activities, not just tack. He stated that the other space in a barn can be used for such things as storage but
transferable into animal space. Lastly, he stated that the proposed ordinance cleans up and codifies current
practices, representative of realities the City deals with and with these changes, it is intended that stables
will remain a prominent feature in the city, as was intended by the founding fathers.
He stated that for tonight's meeting it is recommended that the City Council open the public hearing, take
testimony and introduce the proposed ordinance for first reading.
Planning Director Schwartz reviewed a power point presentation providing a summary of the proposed
ordinance. She noted that first few pages of the presentation review the current regulations and stated that
the subsequent pages provide an overview of the proposed regulations. She stated that the proposed
ordinance allows for over-the-counter approval of a stable up to 200 sq. ft. in size, but any larger stable
would require a conditional use permit. She also stated that general provisions for stables include the
following requirements: the stable be configured such that a minimum of 60% of the space be allocated for
agricultural space and no more that 40% or 800 sq. ft. be allocated for tack room space; that the interior and
exterior have a stable -like appearance; and canvas structures are not permitted. She stated that it is indicated
throughout the ordinance that a stable structure may not be used for human habitation. She further reviewed
the acceptable uses for the tack room space and the acceptable uses for the agricultural portion of the
structure if not used for the keeping of animals. She then reviewed the process for addressing current stables
that may not be in compliance with the new requirements if the ordinance is adopted and noted that some
new definitions have been added. She further stated that this ordinance consolidates the provisions related to
stables and places them all in one section of the Zoning Ordinance. She the reviewed the contents of the
staff report and noted that the letters that were received today, have been place on the dais and made
available to the public. Lastly, she noted one, inadvertent error in the ordinance and stated that on circle
page 38 item E1 should be deleted.
Following staff's presentation, Mayor Pernell opened the public hearing and called for public testimony
stating that each speaker will be limited to three to five minutes.
Brent Barnes, 1 Middleridge Lane North addressed the City Council stating that his concern is relative to
fire and that he has goats that require a larger corral area. He stated that his question is if resident has a barn,
would they be required to have a horse and if they don't have a horse, what would be allowed in the tack
room space. City Manager Dahlerbruch responded that yes, a resident can have a barn and corral without
having a horse and that in instances where a stable is not being used to maintain animals, the tack room
space can be used for passive activities.
Greg Busche, 1 Roundup Road addressed the City Council stating that his concern is that there are a lot of
rules and it is very restrictive to do anything in the city and that the rules are unevenly enforced.
Lynn Gill, 31 Chuckwagon Road addressed the City Council stating that he submitted a letter that was
included in the staff report and stated that included in the letter is his concern that it will be difficult to
enforce the 60/40 stable configuration requirement and further asked why is it required that a stable have an
800 sq. ft. tack room.
Bill Rogers, 71 Portuguese Bend Road addressed the City Council stating that the City Council needs to
consider how this ordinance will be implemented. He questioned what mechanism will be used to bring
these non-compliant structures to the City's attention stating that it will be difficult to enforce. He suggested
that the City Council consider having stables reviewed upon the sale of the property. He further suggested
that the City Council require all stables to apply for a conditional use permit.
Allen Adler, 22 Cinchring asked for input from the audience for suggestions of a contractor that is barn
savvy.
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Spencer Karpf, 14 Caballeros Road stated that he has several problems with the ordinance the main one
being that it is over, and unnecessary regulation. He stated that he understands the City's desire to maintain
its rural atmosphere, that is why he moved here; but, the rural atmosphere is not enhanced by regulating
what people do inside their barns. He stated that if a barn looks like a barn on the outside that enhances the
rural atmosphere, but if it is used as a recreation room, storage room, tack room or a myriad of other uses,
that does nothing to affect the rural, equestrian character of the city and it seems to be unnecessary
regulation. He stated that he feels that this ordinance dictates what people can do inside their barn and in
doing so, unnecessarily interferes with the right of people to use their property as they see fit as long as they
don't pose any health or safety issues and so long as they don't interfere with the character of the
community. He further stated that it will be an enforcement nightmare. He stated that this ordinance creates
unnecessary regulation. He further suggested that the City regulate what needs to be regulated for health and
safety and leave the rest of it alone.
Rich Goldstein, 67 Crest Road East stated that he agrees with the previous speaker.
Stephanie Culver, 76 Eastfield Drive addressed the City Council stating that she is concerned that a noise
ordinance is being considered and she is also concerned relative to a reference that dilapidated or un -used
stables will be torn down. She further requested clarification as to how passive activities are defined.
Bob Wolfenden, 60 Eastfield Drive addressed the City Council stating that he agrees with Mr. Karpf's
comments and he believe that this type of regulation is what causes people to build things without coming to
the City for approval.
Pete Hazelrigg, 33 Chuckwagon Road stated that he is concerned with the enforcement aspect and he does
not want any new rules and he does not want people on his property enforcing rules. He stated that he is not
interested in this - there are too many rules.
Bob Lee, 81 Eastfield Drive addressed the City Council stating that he feels the City does not have a right to
come inside a barn and regulate what is done inside a barn unless it is a safety concern.
Carole Hoffman, 3 Hillside Lane, addressed the City Council stating that she feels that the City does need
rules to protect the City that the residents have come to love. She stated that if a resident doesn't appreciate
horses, the space, the ambiance, the barns and what comes with it, then there are other areas to live. She
stated that rules are necessary to protect these characteristics and maintain the rural and equestrian
ambiance.
Ron Navarro, 18 Wideloop Road, addressed the City Council stating that he believes that there are already
rules in place to ensure a stable looks like a stable and is appropriate for animal use and see no need for
additional rules. He asked if a feasibility study has been done to determine the effects of this rule on the
community and how many people would be adversely affected. Lastly, he stated that if people want to
understand the air of the community, then the community should be asked.
Jay Borzi, 10 Johns Canyon Road stated that he has one of the oldest, most beautiful barns in the City and
although they had horses at one time, the don't currently have horses and the barn is currently used for other
uses. He stated that he feels it is ridiculous to regulate what people do inside their barn if the outside
conforms.
Hearing no further public testimony, Mayor Pernell closed the public hearing.
Discussion ensued concerning the inspection and enforcement process. Following brief discussion and
clarification regarding the enforcement process, Councilmember Heinsheimer moved that the City Council
introduce the ordinance by title only and waive full reading. Mayor Pro Tem Lay seconded the motion
which carried by the following roll call vote:
AYES: Councilmembers Hill, Heinsheimer, Mayor Pro Tem Lay and Mayor Pennell.
NOES: Councilmember Black.
ABSENT: None.
ABSTAIN: None.
OLD BUSINESS
None.
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NEW BUSINESS
None
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT
COMMITTEE MEETING (ORAL).
Councilmember Hill updated the City Council regarding the Regional Law Enforcement Committee
Meeting held on May 13, 2010 stating that crime is down as a whole. He noted that the Sheriff's Dept is
participating in a program called Community Based Information System to allow different law enforcement
agencies to discuss gang related issues. No action was taken.
MATTERS FROM STAFF
None.
MATTERS FROM THE CITY ATTORNEY
CLOSED SESSION
The City Council finds, based on advice from legal counsel, that discussion in open session will
prejudice the position of the local agency in the litigation.
No closed session was held.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Pernell adjourned the meeting in memory of
Dave Raig and long time resident, Don Robertson at 9:04 p.m. The next regular meeting of the City
Council is scheduled to be held on Monday, June 14, 2010 beginning at 7:30 p.m. in the City Council
Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
Approved,
Godfrey Perne , A.D.S.
Mayor
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Respectfully submitted,
Heidi Luce
Deputy City Clerk
M