7/25/2011MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL, OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, JULY 25, 2011
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Lay at
7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
ROLL CALL
Councilmembers Present: Hill, Pernell, Mayor Pro Tem Black and Mayor Lay.
Councilmembers Absent: Heinsheimer (excused).
Others Present: Anton Dahlerbruch, City Manager.
Michael Jenkins, City Attorney.
Yolanta Schwartz, Planning Director.
Jim Walker, Finance Director.
Ewa Nikodem, Administrative Assistant.
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 July 11, 2011.
RECOMMENDATION: Approve as presented.
B. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Allied Recycling Tonnage Report for June, 2011.
RECOMMENDATION: Receive and file.
D. County of Los Angeles Department of Agricultural Commissioner/Weights and Measures
FY 2011/12 Agreement for pest control services.
RECOMMENDATION: Approve as presented.
E. City Council/Planning Commission Unpermitted Grading/Construction Ad Hoc
Committee meeting notes of July 11, 2011.
RECOMMENDATION: Receive and file.
Councilmember Hill moved that the City Council approve the items on the consent calendar. Mayor Pro
Tem Black seconded the motion, which carried without objection.
Mayor Lay stated that with the City Council's concurrence, the City Council will take Item 10A —
Quarterly Schedule of Investments Report out of order. Hearing no objection, he so ordered.
MATTERS FROM STAFF
QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER
ENDING JUNE 30, 2011.
Finance Director Walker presented the Quarterly Schedule of Investments report for the quarter ending
June 30, 2011 and reviewed the active deposits. He reported that as a result of reallocation from
Treasury Bills to FDIC insured certificates, the City's investment portfolio yield has increased by 22.4
basis points from FY 2009/10. He reported that the portfolio has been diversified by investment
instrument and maturity between Money Market, LAIF, Treasury Bills and FDIC insured Certificates of
Deposits. The report was received and filed.
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COMMISSION ITEMS
NONE.
PUBLIC HEARINGS
ORDINANCE NO. 324 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROLLING HILLS ADOPTING A NEGATIVE DECLARATION AND
ADOPTING AN ORDINANCE TO AMEND TITLE 17 (ZONING) OF THE
ROLLING HILLS MUNICIPAL CODE PERTAINING TO ACCESSORY
STRUCTURES, INCLUDING BUT NOT BE LIMITED TO RECREATION ROOMS,
GUEST HOUSES AND SIMILAR USES AND TO EXISTING NONCONFORMING
AND/OR MODIFIED STABLES IN ZONING CASE NO. 802, ZONING CODE
AMENDMENT NO. 2011-01.
Mayor Lay introduced Ordinance No. 324 recommending adoption of Zoning Code amendment No.
2011-01 in Zoning Case No. 802 and amending Title 17 of the Municipal Code to establish standards for
accessory structures, including but not limited to recreation rooms, guest houses and similar uses and to
existing nonconforming and/or modified stables and asked City Manager Dahlerbruch to present the
staff report. City Manager Dahlerbruch provided background and history on this topic and stated that on
July 12, 2010, the City Council adopted Ordinance 319 amending the requirements for development of
stables, which became effective on August 12, 2010. He commented that following adoption of
Ordinance 319, the City Council directed the Planning Commission to consider the following three
topics: 1. grandfathering as legal, non -conforming all existing small stables of, for example under 1,000
square feet, modified without permits but used in conformance with the definitions of a tack room in the
new ordinance. 2. whether the size of a stable subject to a Conditional Use Permit (CUP) should remain
at 200 square feet. 3. if the maximum size of an accessory structure on a property (other than a stable —
but directly related to the maximum size of a Tack Room) should be greater than 800 square feet. He
briefly reviewed the proposed Ordinance and asked Planning Director Schwartz to review the provisions
in the proposed Ordinance in greater detail.
Planning Director Schwartz stated that this is a public hearing and that notice was placed in PV News,
the Citywide Newsletter and interested parties were notified. She reported on the Planning
Commission's action following several public hearings on this topic. She stated that after a lengthy
deliberation, the Planning Commission unanimously adopted Resolution No. 2011-05 recommending
that the City Council amend the Zoning Ordinance regarding stables and other accessory structures. She
commented that the Planning Commission considered at length and incorporated into the proposed
amendments many of the suggestions provided by the residents during the public hearing process. She
reviewed in detail the provisions in the proposed Ordinance. She further stated that additionally the
proposed Ordinance clarifies some terminology and corrects typographical errors. She mentioned that
throughout the discussions and public hearings, the Planning Commission re -affirmed its commitment to
maintaining the City's open space, rural character and equestrian flavor. She commented that
recognizing that the zoning code requirement for a 1,000 set-aside for a stable and corral provides that
properties are not overbuilt, the Commission unanimously agreed that maintaining the set-aside ensures
that additional accessory structures do not overcrowd properties, infringing upon the privacy between
neighbors and disrupting the quiet atmosphere in the community.
Discussion ensued about enforcement of the Ordinance. It was noted that it has been a standard practice
that code enforcement in the City is on a complaint basis given that the City has limited staff to schedule
regular inspections. It was further noted however, that staff responds to each complaint, including
anonymous complaints. Following discussion, Councilmembers concluded that if discussion pertaining
to code enforcement should continue, that it would need to be agendized for a future meeting.
Councilmembers discussed the notification requirement in the proposed Ordinance whereby stables of
800 sq. ft. or less could be used for other than stable uses, under certain conditions and with a
requirement that the adjacent property owner(s) provide letter of concurrence. City Attorney Jenkins
indicated the if the applicant is able to confirm the support of the adjacent property owner(s) then the
City Manager has authority to approve the proposed use, however, if the applicant is unable to provide a
letter of support from the adjacent property owner(s), then the project would need to be presented to the
Planning Commission for review and approval.
Following staff's presentation, Mayor Lay opened the public hearing and called for testimony.
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James Aichele, 14 Crest Road West, addressed the City Council stating that the new provision to notify
only adjacent property owners when work is being done on' a stable is simply unfair. He stated that often
the adjacent property owner can't even see the stable from their property, however residents further
away, for example within 300 feet, might see it. Planning Director Schwartz clarified 'that this new
provision pertains only to existing stables and that the standard 1,000 linear feet notification and public
hearing process procedures will continue to all applications for a new stable on a property.
Following public comment discussion ensued about the proposed amendments. Mayor Lay suggested
that on page circle 30, paragraph E, the word "stable" be replaced with "agricultural space" so the
sentence would read as follow: "....providing that the area used for other thea the agricultural space use
is not greater than eight hundred square feet...". Following brief discussion, Councilmember Pernell
moved that the City Council introduce Ordinance No. 324 as amended for first reading and waive full
reading. Councilmember Hill seconded the motion that carried unanimously by those Councilmembers
in attendance.
The public hearing was continued to the next regular meeting of the City Council.
OLD BUSINESS
04
NEW BUSINESS
Rto"0
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
NONE.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
RESIDENT CORRESPONDENCE PERTAINING TO CONSIDERATION OF A
LEASH LAW (ORAL REPORT — HILL).
Councilmember Hill reported on correspondence received and conversations with a resident concerning
public safety and establishing a leash law in the City. Following discussion, staff was directed to
agendize this topic on an upcoming City Council meeting no earlier than September.
Councilmembers thanked the Planning Commission and staff for their hard work and dedication
throughout the project on stables.
Mayor Lay reported that the Finance/Budget Committee met earlier this evening to discuss additional
expenditures and Irrevocable Trust for the City's OPEB obligations. He indicated that Councilmembers
will receive the same report on Ca1PERS CERBT as the Finance/Budget Committee received for their
July 25th meeting. He commented that the report will be presented to the City Council at their meeting
on Monday, August 8th, however he suggested that the report be included in the July 29th weekly packet
to allow additional time for review.
Mayor Lay indicated that the Boundary Review Committee of Los Angeles County scheduled two more
meetings, one on August 9th and the second on August 30th both at 9:30 a.m. to consider the proposed
Supervisorial District boundaries. He stated that if the proposed boundaries were to be approved as
presented, Rolling Hills would be in the same District with Santa Monica, Redondo Beach and other
cities along the Westside. He suggested that another correspondence be prepared to the County Board of
Supervisors to support the 4th Supervisorial District represented by Supervisor Knabe and object to
County redistricting map S-1.
MATTERS FROM STAFF — continued
City Manager Dahlerbruch indicated that at the July 201h CJPIA Board of Directors meeting, the City of
Rolling Hills was recognized for its risk management practices and received the award for "2011 Best
Overall Performance Liability Program".
City Manager Dahlerbruch provided a brief update on the status of the Poppy Trail remediation project.
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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 Lay adjourned the meeting at 8:44 p.m. to
the next meeting of the City Council scheduled to be held on Monday, August 8, 2011 beginning at 7:30
p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
Approved,
B. Allen Lay C/
Mayor
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City Council Meeting
07/25/11
Respectfully submitted,
Ewa Nikodem
Administrative Assistant
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