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7/12/2010MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, JULY 12, 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, Mayor Pro Tem Lay and Mayor Pernell. Councilmembers Absent: None. Others Present: Anton Dahlerbruch, City Manager. Michael Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, Deputy City Clerk. 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 June 28, 2010. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Proposed exchange of Proposition A funds and gifting of Proposition C, Measure R and Transportation Development Act (TDA) funds. RECOMMENDATION: Receive and file. D. Consideration of Resolution No. 1088 — A Resolution of the City Council of the City of Rolling Hills designating the Los Angeles County Department of Public Health, Environmental health, Solid Waste Management Program, as the Local Enforcement Agency within the City of Rolling Hills and rescinding Resolution No. 420. RECOMMENDATION: Approve as presented. E. City CounciUPlanning Commission Liaison meeting notes of June 28, 2010. RECONtWNDATION: Receive and file. 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 None. PUBLIC HEARINGS None. OLD BUSINESS ORDINANCE NO. 319 - ZONING CODE AMENDMENT NO. 2010-01 (SECOND READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING CERTA.Nl 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 Minutes City Council Meeting 07/12/10 -1- ACCESSORY STRUCTURES AND TO GENERALLY CLARIFY AND CODIFY CERTAIN PROVISIONS ALLOWED BY POLICY AND PROVIDE DEVELOPMENT STANDARDS CONSISTENCY BETWEEN STABLES AND OTHER ACCESSORY USES. Mayor Pernell introduced Ordinance No. 319 for second reading and asked City Manger Dahlerbruch to read the full title. Following the reading of the title, Mayor Pernell stated that there has been a developing ongoing problem with regard to stables for many years and the City Council directed the Planning Commission to review the regulations as they relate to stables and before the City Council is their recommendation. He stated the staff will give a brief presentation concerning the proposed ordinance and following staff's presentation, the City Council will take comments from the public. He further stated that public comment will be limited to three minutes per pers.5n and asked the public to limit their comments to specific suggestions or factual matters. He stated that ill of the issues raised during public comment will be noted and considered at the conclusion of the'pubiic comment portion of the meeting. City Manager Dahlerbruch stated that tonight is the second reading of the proposed ordinance noting that the first reading and introduction of the Ordinance were heard during a public hearing at the City Council Meeting of May 24, 2010. He stated that responses to the comments heard at the previous meeting are included in the packet and were made available to the public along with the entire staff report pertaining to the proposed ordinance. Following City Manager Dahlerbruch's introductory remarks, Planning Director Schwartz presented the staff report pertaining to the proposed ordinance providing an overview of the major provisions and outlining how they differ from the existing ordinance. In response to Councilmember Heinsheimer's request for clarification pertaining to the definition of habitation versus sleeping, Planning Director Schwartz stated that habitation is prohibited in the proposed ordinance. City Manager Dahlerbruch stated in summary that the existing ordinance is very narrow and the proposed ordinance broadens the allowable uses for stables so that existing stables not currently used for animals tacks and feed so that under certain conditions, stables used for storage, hobby shops, and other passive activities are legal. It is also so that residents are not reluctant to obtain building permits for modifications thus reducing the public safety hazard caused by illegal consft.uction. He stated that proposed ordinance ensures that 1,000 sq. ft. of property remains readily accessible for animal keeping so that at any time, animals could be housed in a structure without excessive remodeling recognizing that the building was built to serve as a stable. It maintains that, barns are not limitless thus invalidating the limitations on guesthouses and recreation rooms. He stated that the proposed ordinance is directed primarily at new stable structures and further reviewed the enforcement and self -certification processes that pertains to existing stable structures. In response to Mayor Pemell's inquiry regarding how stables may be finished on the inside, Planning Director Schwartz stated that the recommendation from the Planning Commission is that the agricultural space remain looking like a stable but would allow concrete floors and electrical outlets and the tack room space would be allowed to be finished. Following staff's presentation, Mayor Pennell called for public testimony. Spencer Karpf, 14 Caballeros Road addressed the City Council requesting additional time for his presentation given the fact that several residents requested that he present letters on their behalf. The City Council agreed to Mr. Karpf's request. He presented a red -line version of the proposed ordinance containing his recommended changes for the City Council's consideration. Mr. Karpf then asked, given the importance of this topic - Why didn't the City Council or Planning Commissionconduct an official survey — why did it have to fall on a private resident to conduct a survey that they City should have conducted to find out what the residents of the City waned? He stated that he h<s conducted a survey and has received 211 responses — 208 of which are included in the spreadsheet provided to the City Council. He stated that the number .represents 31 or 32% of the residents, which is an astounding response and shows how important this matter is to the residents. In response to the question raised by someone pertaining to the clarity of question one, he read the question and stated that it is very clear to him. He further stated that the "yes" responses were 9.5 to 1 over the "no" responses to this question - indicating that residents want to be able to use the interior of their stables however they want to without limitation. He further stated that of the 26 horse owners that responded to the survey, 69% support the notion that stables should be able to be used for whatever people want them to be used for. In response to the suggestion by some that his proposal indicates that he does not value what is unique about Rolling Minutes City Council Meeting 07/12/10 -2- Hills or that his notions are that of a newcomer, he stated that he was insulted by that suggestion and he lives here for the same reasons everyone else live here and he does not feel that his notions are limited to newcomers or people who don't -own horses. He then presented letters representing support for his position from the Bishop's on Bowie, the Levities on Saddleback, Mr. Ron Sommer on Poppy Trail and Mr. Steven Shultz. He stated in closing that for the City Council to ignore a 9:1 majority would be a travesty against democracy. Greg Busche, I Roudup Road addressed the City Council stating that he has lived in Rolling Hills for almost 9 years and stated that he agrees with most of the things Mr. Karpf said. He stated that he believes that the intentions were good but it has changed and it is now placing `more regulations on things. He stated that he disagrees with the enforcement being by neighbor complaint. He said that people should be able to, do what they want on their property. Judith Wiater-Brennan, 3 Roundup Road addressed the City Council stating that her family purchased their property in 1954 and that she is in support of the ordinance. She stated that she does not have any horses now, but wishes to retain the character of an equestrian community. She stated that she would like to thank the City Council for broadening the definition to include storage of household items which is important -to her. She also stated that she is in support of new uses that are non -habitable as long as there is no adverse impact on the neighbors and the barn is easily reconverted back to a horse use. In response to the discussion in the community that there would be decline in property value due to the proposed ordinance, she stated that ordinance is not the problem and she proposes that it is the roadside easements being overgrown and over landscaped and view degradation that are causing decline in property values. George Farinsky, 13 Eastfield Drive addressed the City Council suggesting that the City Council ask themselves — isn't it their job to represent the desires of the residents? He stated that he never seen a turnout like this in opposition to an issue in the City. He said that the City Council should view themselves as representatives of the residents and understand that there is a substantial dissatisfaction with the ordinance. He suggested that the City Council be more aware of what the desires of the residents are. Jim Ichle, 14 Crest Road West addressed the City Council suggesting that the City Council conduct their own survey.. He stated that he did not return the survey because he did not agree with some of the things in the survey. He further stated that a barn ordinance needs to be strict because people build barns so that they can have guesthouses. He would rather people be allowed to build guest houses rather than building a two-story barn to be later turned into something else. He stated that there are two, two-story barns in their view that could never have a horse in them. He stated that he would rather have a one- story guesthouse in his view than an two-story barn that has been converted to a guesthouse. John Resich, 8 Outrider Road addressed the City Council stating that he has been a resident for over 23 years. He stated that he has mixed emotions about the ordinance, he believes in the rural nature but he does not believe in people converting their barns to residences, guesthouses. He suggested that a structure should be called what it really is. He expressed concern regarding Section 17.08.020 requiring a 1,000 sq. ft set aside area for a stable and corral relative to_the requirement for a Conditional Use Permit for a stable over 250 sq. ft. He stated that he feels if the Ordinance is requiring a set-aside area, then at least, the minimum 450 sq. ft. stable should be approvable over-the-counter. Pete Hazelrigg, 33 Chuckwagon Road addressed the City Council stating that he would like to see it remain that an 800 sq. ft, stable can be approved over-the-counter and questioned the reduction in the loft clearance height revision from 7'6" to 7'. He stated that he believes that will have a disparate impact on smaller lots or smaller stable heights. Lastly, he suggested that if there are any City Council or Planning Commission Members that have built or are currently building barns without the benefit of any permit, they should identify and recuse themselves from this process. Gordon Schaye, 58 Portuguese Bend Road addressed the City Council stating that a statement was made that the people in attendance are against the ordinance noting that he and his wife are not against it. He suggested that a generalization cannot be made as to whether everyone is against or for something. He stated that there are many people on both sides. He further stated that he feels the survey is not valid in that it was done with a biased letter attached. He stated that a totally unbiased survey would have to be done. Lastly, he stated that he feels that there is a desire to make one's residence into a piggy bank and he doesn't think that is why most people moved to Rolling Hill. He said they moved here for the unique, Minutes City Council Meeting 07/12/10 -3- residential nature and if someone wants to build multiple buildings on tihieir property, there are other communities that will allow it, but he is not in favor of it here. Bob Lee, 81 Eastfield Drive addressed the City Council. stating that he has lived in Rolling Hills for 23 years and he thinks it is a wonderful Community and he loves the rural nature. He stated that if 50% of the residents in the community have barns that are not in compliance, that is a legal nightmare. He stated that he does not support the ordinance as it is drafted and he would like to see a compromise. He stated that Mr. Karpf should receive a round of applause for the work he has done as a private citizen. He stated that he recognizes that the new ordinance is more friendly than the old ordinance. He stated the he feels that the City should consider "grandfathering" under certain conditions, and that more research should be done before it is passed. He further suggested that the City Council consider a compromise. Bernard Howroyd, 7 Maverick Lane addressed the City Council stating that he has lived in the City for 25 years. He stated that he has never seen a barn that offends him and he does not care what people do inside their barns as long as it is legal. He stated that there are approximately 150 barns in the City and about 27 of them have horses in them. He suggested that a vote be put out to the people. He said that we have a responsibility to allow people to use their homes providing the appearance is what the City is all about. He stated that he believes the City will have long-term problems if they do not allow people to live in their homes and the City takes responsibility for what is inside of them. Leslie Stetson, 71 Saddleback Road addressed the City Council stating that she wrote a letter to Mr. Karpf expressing concern with his letter and the tone of the survey. She st aed that she has lived in the community for 14 years and finding the community in the state it was in' wizen she moved here was a dream come true. She stated that she is an historian by gaining and cares very much about the preservation of green space and the environment and she feels that the forefathers that developed Rolling Hills were brilliant in their vision. She stated that there is a need to look beyond one's desires and needs and be more community minded. She stated that residents should come before the Planning Commission and Architectural Committee to build and request what they would like to build within the guidelines. She stated that she feels that the proposed ordinance is an effort to close a loophole that has caused many problems in the City. Frank Gargas, 19 Buggy Whip Drive, addressed the City Council stating that he has lived in the City for 28 years. He said that he takes his hat of the City Council and those that have come before them for making this one of the finest communities in America. He further stated that a resident should be able to do what they want on the inside of their barn. Mark Minkes, 44 Chuckwagon Road addressed the City Council stating that he has lived here since 1980. He stated that he loves barns and the rural nature of the Community. He suggested that the City Council survey the residents and do wl.,at the majority of the residents want to do. He stated that the proposed ordinance is too complicated. Fred Lee, 7 Williamsburg Lane addressed the City Council stating that he has li ;d here for nine years and he has a two-story barn. He said that he plans to use his stable for animals and recreational use, but he would be out of compliance because the percentages are off. He noted that those against the ordinance are not against horses, just the policy. Hearing no further public comment, Mayor Pernell stated that the City Council will consider the issues of concern raised by the public. Mayor Pro Tem Lay stated that he suggests that the City Council consider the main items of concern including the ability for residents to use the interior of their stable in any way they choose, the issue of enforcement and the differentiation between a stable and a guesthouse. Mayor Pro Tem Lay first addressed the issue of enforcement and reviewed the current enforcement method which is complaint driven and stated that the alternative method of enforcement would be inspection driven which would be initiated by a visual or audible observations by City Staff and result in considerable cost. He stated that he feels a change in the enforcement procedure is not in the best interest of the City or the residents. Regarding the issue of the interior of a stable, Mayor Pro Tem Lay explained reasoning behind the 800 sq. ft. limit for tack room space and discussed the problems that could arise if the limit was eliminated. Regarding Mr. Karpf's survey, Mayor Pro Tem Lay stated that he gets a lot of surveys, and he never returns them because they are always written in such a way to elicit the desired response. He said he felt that Mr. Kapf'.s survey is a good survey, but he feels that the ordinance allows, relative to Question 1, the interior to be used for other purposes for example. He stated that he feels the ordinance agrees with many areas of the survey. Mayor Pro Tem Lay stated in closing that he feels that although it may not be perfect, the ordinance mo- es a Ion-'; way toward what is Minutes City Council Meeting 07/12/10 -4- r . yL �r7�P„ ,1 �f �•1i • � tin needed and he feels that it would-be a mistake to leave what exists currently. Further discussion ensued concerning the issues raised by the public including the differentiation between a stable and a guesthouse. In response to the question relative to the 7' maximum plate height, Planning Director Schwartz stated that the Planning Commission. originally recommended a lower plate height but finally recommended the 7' hdight so as to be reasonable for hay storage and yet below the County's definition of a "story". • Councilmember Heinsheimer stated that before the City Council tonight is an ordinance for second reading and the City Council is limited in their options - they can either vote it up or down. He sated that if the proposed ordinance is voted down, the old ordinance remains in effect. He suggested that if the ordinance .is adopted as presented, the areas of concern can be addressed by the Planning Commission. �= Councilmember Black stated that he feels that if the ordinance is adopted as presented it will not come back for consideration in a short time -He said•that he feels if it is not adopted at this time, due to the interest and input, 'a modified ordinance would be brought back in a relatively short period of time. He stated that he would rather have it modified prior to passage. Further discussion ensued regarding enforcement. Councilmember Hill stated that this is not a burning issue and he would like further research and a survey prior to adopting an ordinance. Following deliberation and further discussion, Councilmember Heinsheimer moved that the City Council waive full reading and adopt Ordinance No. 319 noting that following the introduction of the ordinance, City staff prepared a comprehensive response to the speaker's comments and written correspondence that explained the proposed ordinance, its implementation and enforcement; and that the- City Council received and understood those responses as being consistent with the current and future intent of the ordinance and current practice. Mayor Pro Tem Lay seconded the motion, which carried by the following roll call vote% AYES: Councilmember Heinsheimer, Mayor Pro Tem Lay and Mayor Pernell. NOES: Councilmembers Black and Hill. ABSENT: None., ABSTAIN: None.. Mayor Pro Tem Lay moved that the members of the City Council further direct staff to agendize several items relative to stables for further consideration and review by the Planning Commission. Councilmember Heinsheimer seconded the motion which carried unanimously. The City Council recessed for a brief break at 9:15 p.m. Mayor Pernell called the meeting back to order at 9:35 p.m. NEW BUSINESS None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Mayor Pro Tem Lay reviewed the City Council meeting calendar noting the meetings he is unavailable to attend. Mayor Pernell stated that the response by the ambulance service has improved but expressed concern regarding the Sheriffs Dept. response times. Discussion ensued concerning response time with it being noted that several calls are for non -emergent situations. Staff was directed to review response times with the Sheriff's Dept. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY No closed session was held. f Minutes City Council Meeting 07/12/10 -5- ADJOURNMENT Hearing no further business before the City Council, Mayor Pennell adjourned the meeting at 9:45 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, July 26, 2010 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, r' Go' free` 1, ISD.S. Mayor ° �- Minutes City Council Meeting 07/12/10 Respectfully submitted, (kajja Heidi Luce Deputy City Clerk -6- 1 1 11