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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 Minutes City Council Meeting 05/24/10 -1- 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. Minutes City Council Meeting 05/24/10 -2- 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. Minutes City Council Meeting 05/24/10 -3- 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. Minutes City Council Meeting 05/24/10 -4- 1 1 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 Minutes City Council Meeting 05/24/10 Respectfully submitted, Heidi Luce Deputy City Clerk M