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4/23/2012MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, APRIL 23, 2012 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. ROLL CALL Councilmembers Present: Heinsheimer, Lay, Pernell, Mayor Pro Tem Hill and Mayor Black. Councilmembers Absent: None. Others Present: Anton Dahlerbruch, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director Heidi Luce, Deputy City Clerk. Captain Blaine Bolin, Lomita Sheriff's Station. Deputy Brandon Epp, Lomita Sheriff's Station. Bea Dieringer, 7 Buggy Whip Drive. Mike Dieringer, 7 Buggy Whip Drive. Kathy Nichols, 14 Crest Road West. Richard Colyear, 35 Crest Road West. Neils Pedersen, 4 Running Brand Road. John Mackenbach, 56 Portuguese Bend Road. Wei -Min Shen, 77 Portuguese Bend Road. Jim Aichele, 14 Crest Road West. CONSENT CALENDAR A. Minutes - Regular Meeting of April 9, 2012. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. ORDINANCE NO. 326. ZONING CASE NO. 811; ZONING CODE AMENDMENT AND ZONING MAP AMENDMENT NO. 2012-01. Consideration of a proposed Ordinance of the City of Rolling Hills and consideration to adopt a Negative Declaration pursuant to the California Environmental Quality Act amending the provisions of Title 17 (Zoning) of the City's Municipal Code to establish an overlay zoning district (OZD-1) and amending miscellaneous provisions of Title 17 (Zoning) regarding setbacks and other development standards for properties within the RAS -1 (Residential Agriculture -Suburban, one acre minimum lot size) zoning district that are no more than 1.25 acres in size and amending the City's Zoning Map. RECOMMENDATION: Second reading (waive full reading) and adoption. D. Financial Statement for the Month of February and March, 2012. RECOMMENDATION: Approve as presented. E. Allied Recycling Tonnage Report for February and March, 2012. Mayor Black stated that he would like to remove Item 3C (ORDINANCE NO. 326. ZONING CASE NO. 811; ZONING CODE AMENDMENT AND ZONING MAP AMENDMENT NO. 2012-01.) from the consent calendar for individual consideration. Hearing no objection he so ordered. Councilmember Heinsheimer moved that the City Council approve the remaining items on the consent calendar. Mayor Pro Tem Hill seconded the motion, which carried without objection. Minutes City Council Meeting 04/23/12 -1- ORDINANCE NO. 326. ZONING CASE NO. 811; ZONING CODE AMENDMENT AND ZONING MAP AMENDMENT NO. 2012-01. Consideration of a proposed Ordinance of the City of Rolling Hills and consideration to adopt a Negative Declaration pursuant to the California Environmental Quality Act amending the provisions of Title 17 (Zoning) of the City's Municipal Code to establish an overlay zoning district (OZD-1) and amending miscellaneous provisions of Title 17 (Zoning) regarding setbacks and other development standards for properties within the RAS -1 (Residential Agriculture -Suburban, one acre minimum lot size) zoning district that ar6 no more than 1.25 acres in size and amending the City's Zoning Map. Mayor Black introduced the item and asked staff to provide an update on the topic. City Manager Dahlerbruch reviewed the background of the proposed ordinance stating that the idea came out of discussions at the City Manager Focus Group centering around the fact that a number of variances were being granted for smaller lots that share similar characteristics. He stated that the Planning Commission held several public meetings and a public hearing when considering this concept and came up with a proposal to develop two sets of criteria to address the issue. He stated that this item was introduced at the last meeting of the City Council and is on the agenda this evening for second reading and adoption. Planning Director Schwartz further reviewed the background and provided an overview of the proposed ordinance stating that the intent is to allow redevelopment of homes on constrained lots. She stated that there are two concepts in the proposed ordinance one of which is an overlay zone where special regulations are placed on a contiguous area where the lots share certain common characteristics. She stated that the Planning Commission suggests two specific areas for the proposed overlay zone. The first is Middleridge Lane North/Williamsburg Lane where all of the lots have a street running through them, all the development is close to the street, and where the lots are along a very steep canyon. She also commented that prior to 1981, setbacks were 30 ft. from the roadway easement and in 1981, that changed to 50 ft.; further stating that all of the lots in the proposed area were developed prior to 1981 and thus are non -conforming relative to the setbacks. She stated that the second area is along Chuckwagon Road/Chesterfield Road where similar characteristics exist. She stated that the premise is to allow properties in those two areas to be developed in the existing footprint and up to the 30 ft. front setback without requiring a variance from the Planning Commission. She then reviewed the side setback requirements stating that reconstruction would be allowed within the existing footprint but any addition would have to be at least 20 ft. from the side property line. She commented that all of the requirements and development standards of the underlying zone (RAS -1) will have to be met. Planning Director Schwartz stated that the second.concept would apply to lots that are 1.25 acres or less in size and are scattered throughout the community, but that face similar constraints as the lots in the proposed overlay zone. She stated that on these specific lots, development would be allowed within the existing footprint but would only be allowed to encroach into the front setback as much as it previously encroached. Recognizing that there were members of the audience wishing to address the City Council regarding this item, Mayor Black called for comments from the public. Bea Dieringer, 7 Buggy Whip Drive, addressed the City Council stating that she is concerned that the proposed changes will allow for a situation where homes, taking into account a reduced side setback and projection allowances, are less than 10 ft. apart creating privacy concerns. Mayor Black clarified that side setbacks are not being reduced and the proposal allows for construction in the existing footprint where it encroached into the side setback. Mrs. Dieringer further stated that she feels that more time should be allowed for consideration of this item given its impact on the community. Mike Dieringer, 7 Buggy Whip Drive, addressed the City Council asking if the proposed changes would allow lots to be subdivided and then apply the new criteria to those subdivided lots. Planning Director Schwartz responded to Mrs. Dieringer's comment regarding projections stating that the proposal will only allow a 2 ft. projection. In response to Mr. Dieringer's comment regarding the issue of subdivision, she stated that on lots 1.25 acre or less, the provisions would only apply to existing homes and that if a lot is subdivided thus creating a new lot, these special provisions would not apply and the lot would be subject to the standard zoning code requirements. Minutes City Council Meeting 04/23/12 -2- Mayor Black left the dais for an emergency and turned the gavel over the Mayor Pro Tem Hill. Kathy Nichols, 14 Crest Road West addressed the City Council stating that she shares Mrs. Dieringer's concerns and that she is concerned that these allowances will result in a "city street" type look in the community. She also stated that she feels that a zoning change like this is so important that everyone should be notified and all communications should be simple. She further stated that she does not agree with the comment that this recommendation came from the Focus Group — she feels that there were some on the Focus Group that agree with this recommendation, but it was not a unanimous recommendation. Following discussion and public comment, Councilmember Heinsheimer moved that the City Council conduct the second reading of Ordinance No. 326 by title only, waive full reading and adopt the ordinance as presented. Councilmember Lay seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Lay, Pernell and Mayor Pro Tem Hill. NOES: None. ABSENT: Mayor Black. ABSTAIN: None. PRESENTATION Presentation to Deputy Brandon Epp in recognition of his service to the City of Rolling Hills Mayor Pro Tem Hill presented a certificate of commendation to Deputy Epp in recognition of his service to the City of Rolling Hills and congratulated him on his new assignment. Mayor Pro Tem Hill then introduced the new Captain of the Lomita Sheriff's Station, Blaine Bolin who was previously a lieutenant at the Sheriff's station and congratulated him on behalf of the City Council. Captain Bolin thanked the City Council and stated that he has been with the Sheriff's Dept. for 26 years in various assignments. He stated that his commitment to the community is to provide world class police service. Recognizing that it was just after 8:00 pm, Mayor Pro Tem Hill stated that the City Council would take comments from the public regarding items not on the agenda. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Richard Colyear, 35 Crest Road West, addressed the City Council regarding the article in the City's newsletter regarding the view ordinance expressing his opinion that the article, in its reference to panoramic views, is in conflict with a memo that was prepared by the Assistant City Attorney. Neils Pedersen, 4 Running Brand Road addressed the City Council with regard to security and privacy issues. He stated that since the PV Land Conservancy opened there has been a great increase in the pedestrian and bike traffic on the City's roads and through resident's properties. He commented that on Saturday, the Rolling Hills Community Association stationed a guard in the area between the hours of loam and 2pm and that the guard turned away over 40 people. He further expressed concern regarding pedestrians, including residents who walk in the middle of the road instead of along the easements creating an unsafe situation for drivers and pedestrians alike. Mayor Black returned to the dais. John Mackenbach, 56 Portuguese Bend Road addressed the City Council stating that Mr. Pederson's comments are very accurate and he proposes that a committee be formed to consider closing the gate at Rancho Del Mar High School, closing off the Burma Road entrance to the City and post no trespassing signs in the area. Wei -Min Shen, 77 Portuguese Bend Road, addressed the City Council expressing concern for the pedestrians as well as for people riding mountain bikes on the trails and the safety issues this creates. He further expressed concern regarding people walking on to residents' properties and knocking on doors asking for money. He also expressed concern that these issues affect residents' privacy and lastly noted Minutes City Council Meeting 04/23/12 -3- that in some instances the hikersibikers are destroying private property by removing no trespassing signs. Several other residents concurred with Mr. Shen's comment regarding solicitors. Discussion ensued concerning the solicitation issue. Deputy Epp responded to the concern regarding solicitors explaining that the ruse described is a common practice in many neighborhoods He further reviewed the City's trespassing ordinance, as well as the procedures for a Private Persons Arrest. In response to Mayor Black's question regarding "No Trespassing" signs, Deputy Epp responded that they would be helpful, but the violator would still have to be asked to leave the property prior to Mr. Shen further suggested that a sign stating "End of Trail — Do Not Enter" be placed at the location where the Land Conservancy trails cross into Rolling Hills private property. In response to the residents' concerns, the City Council directed staff to work with the Land Conservancy, the City of Rancho Palos Verdes, the Rolling Hills Community Association and the Sheriff's Dept. to address the issues raised. At 8:30 p.m., the City Council took a brief recess. Mayor Black called the meting back to order at approximately 8:35 p.m. COMMISSION ITEMS None. PUBLIC HEARINGS ORDIANCE NO. 327 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING AMENDMENTS TO TITLE 17 (ZONING) AND TITLE 15 (BUILDING AND CONSTRUCTION) OF THE ROLLING HILLS MUNICIPAL CODE PERTAINING TO VARIOUS PROCEDURAL MATTERS AND TO CLARIFY OTHER MISCELLANEOUS PROVISIONS, IN ZONING CASE NO. 812, ZONING CODE AMENDMENT NO. 2012-02. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Black introduced the item for consideration and asked for staff's comments. City Manager Dahlerbruch stated that from time to time staff reviews the Municipal Code for compliance with State laws as well as for consistency with current practice and where inconsistencies are noted, those changes are brought before the City Council for consideration. He further commented that the ordinance presented here includes a number of those types of administrative changes as well as a proposed change, resulting from discussions among the Focus Group relating to the "No Further Development" condition placed on certain zoning cases. He stated that the Planning Commission felt that in some instances the condition is very constraining especially when a resident wants to do something very simple like add a trellis, barbeque or fireplace. He stated that the proposed ordinance adds a definition for the "No further development" condition to clarify that there is some discretion for staff to approve certain things over the counter. Planning Director Schwartz stated that most the proposed changes were made to keep the ordinance in compliance with State laws and to clarify some inconsistencies that existed due to other recent modifications to the ordinance. She then reviewed some of the more substantive proposed changes commenting that the staff report contains a table beginning on circle page 17 that lists the proposed changes, as well as what exists currently, and an explanation as to why the change is being proposed. She stated that items 2, 3, 4, 5, 7 and 13 all deal with the definitions of habitable space, story, definition and heights allowed in the City and the changes propose to specifically define those items. She stated that #17 and #18 refer to what City Manager Dahlerbruch alluded to earlier regarding the "No Further Development" condition and provides clarification to allow staff the authority to approve certain improvements less that 300 sq. ft. over the counter. She stated that #19 refers to definition of disturbance and proposes that in some instances where remedial grading is necessary staff would have the authority to approve the grading as long as it less that 2,000 sq. ft. She also reviewed item #25 which adds a section that provides a process for the appeal of staff's decision. Councilmember Heinsheimer commented regarding item #19 that the 40% maximum allowed disturbance, in some cases, results in pyramid shaped lots where as if more disturbance were allowed, it Minutes City Council Meeting 04/23/12 -4- 1 1 1 would likely result in a more gradual, natural looking slope; and it appears that this ordinance does address that issue. He suggested that this concept be addressed in the future. Councilmember Lay agreed and suggested that the matter be referred to the Planning Commission for discussion. Councilmember Lay requested clarification on item #11 regarding the use of the term "surcharge". Planning Director Schwartz commented that the term refers to a slope behind a wall that is at a 45 degree or greater angle. Mayor Black opened the public hearing and called for public comments. Jim Aichele, 14 Crest Road West, addressed the City Council regarding the proposed changes on circle page 17 on items #2 and #3 expressing concern that these, changes will allow two-story barns to be converted to two-story guesthouses. Richard Colyear, 35 Crest Road West addressed the City Council regarding the proposed change to allow over the counter approval of minor modifications suggesting that there be some process by which neighbors that have expressed an interest in the project be notified of any proposed changes. Discussion ensued concerning Mr. Colyear's suggestion. Bea Dieringer, 7 Buggy Whip addressed the City Council suggesting that in item #14 on circle page 20, a process be added to allow for notification of neighbors. She further requested clarification on the appeal process. Planning Director Schwartz clarified that any decision made by staff could be appealed to the City Council. Mrs. Dieringer further suggested that there be a process whereby neighboring property owners can appeal staff's decision. Hearing no further public comment, Mayor Black closed the public hearing. Councilmember Pernell suggested that the report of over-the-counter approvals be provided to the City Council on a more frequent basis. Discussion ensued concerning possible ways to make the information easier for the public access and ways to allow for the public to become more engaged in the process. Councilmember Heinsheimer moved that the City Council introduce Ordinance No. 327 for first reading and waive full reading of the Ordinance. Councilmember Lay seconded the motion. Mayor Pro Tem Hill commented that he feels the City Council should take more time in considering this ordinance. Councilmember Lay commented that given the comments made suggesting that the changes will allow for two-story guesthouses; staff should review and test the ordinance to make sure that isn't possible. City Attorney Jenkins commented that ordinances such as this derive from a long, deliberative process and are designed to "clean-up" the ordinance to make it smoother, less bureaucratic and less time consuming for those participating in the process. Following discussion, the motion carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Lay, Pernell and Mayor Black. NOES: Mayor Pro Tem Hill. ABSENT: None. ABSTAIN: None. Second reading and adoption was scheduled for the next regular meeting of the City Council. RESOLUTION NO. 1119 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING FEES FOR VIEW IMPAIRMENT CASES AND FALSE ALARMS, AND REVISING FEES FOR ENVIRONMENTAL REVIEW FOR DISCRETIONARY PERMITS, ADDING THOSE FEES TO THE EXISTING SCHEDULE OF FEES, AND RESCINDING CITY COUNCIL RESOLUTION NO. 1064. Mayor Black introduced the item for consideration and asked for staff's comments. City Manager Dahlerbruch commented that as a part of the budget process, staff reviews the current fees and charges to determine if any changes need to be made. As a part of that process, staff has identified three proposed changes. He stated that the first proposed change is to increase the fee for initial filing of a view complaint from $500 to $1,000 to help recover the mediation costs and then, if the case is not resolved in mediation, a fee of $2,000 for the staff and legal cost associated with taking the case to the Committee on Trees and Views plus fees for a CEQA review if required. He stated that the second Minutes City Council Meeting 04/23/12 -5- proposed change is to the False Alarm fees whereby the first fee for false alarms would be waived and any subsequent false alarms would be charged $50 and increased incrementally based on the number of false alarms in a fiscal year as it is currently. He stated that the final proposed change would increase the fee for Zoning Cases that require a CEQA review where a Mitigated Negative Declaration has to be prepared to $1,000. Mayor Black asked for clarification on the total cost less staff time for processing a view complaint. In response, City Manager Dahlerbruch stated that the average cost is $4,560 including staff time. Mayor Black commented that the actual out of pocket cost then would be $2,275 less if staff time were subtracted. Discussion ensued concerning how this cost structure would be communicated to applicants. Mayor Black asked if the increase in property tax revenue for properties where the enhanced view creates a higher property value are taken into account in these calculations. Discussion ensued concerning property values. City Attorney Jenkins commented that the City does not have any evidence that supports that assertion. Mayor Black called for public comment. Jim Aichele, 14 Crest Road West addressed the City Council to ask if the property taxes will be reduced for the property that was required to cut their trees. Councilmember Heinsheimer commented that this is a matter of process and that any request, whether it be a Site Plan Review, Conditional Use Permit or Variance may or may not have an impact on property values but how the project affects property values is not considered in the fee structure — this is simply to pick-up the administrative cost of doing business. Cathy Nichols, 14 Crest Road West, addressed the City Council to express her opinion that increasing property values should not be considered when deciding view cases and that if they are, the City Council should recuse itself from those discussion. Bea Dieringer, 7 Buggy Whip Drive addressed the City Council regarding the fee for CEQA review to suggest that there be a provision to allow the applicant to contract with a licensed CEQA provider in lieu of City staff and to further suggest that staff time be analyzed to determine what staff would normally be doing. Hearing no further public comment, Mayor Black closed the public hearing. Councilmember Lay suggested that the fees relative to view complaints be combined into one fee of $3,200 to include all the fees and if the case is resolved in mediation, a refund of $2,200 be given. Discussion ensued concerning the fees with Councilmember Heinsheimer commenting that the current structure may be appropriate. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 1119 as presented. Councilmember Pernell seconded the motion which carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Lay and Pernell. NOES: Mayor Pro Tem Hill and Mayor Black. ABSENT: None. ABSTAIN: None. OLD BUSINESS None. NEW BUSINESS ORDINANCE NO. 328 - AN ORDINANCE AMENDING ROLLING HILLS MUNICIPAL CODE ("RHMC") § 8.24.090 TO ALLOW THE CITY MANAGER TO INITIATE NUISANCE ABATEMENT PROCEEDINGS AND PERMIT AWARD OF ATTORNEY'S FEES AND COSTS TO THE PREVAILING PARTY IN AN ACTION FOR NUISANCE ABATEMENT. Mayor Black introduced the item and asked for staff's comments. City Attorney Jenkins stated that State law allows the City to recover its attorney's fees when it pursues a nuisance abatement proceeding Minutes City Council Meeting 04/23/12 -6- and this proposed ordinance allows the City to ask the Court for recovery of legal fees in those unusual cases where the City files a lawsuit to abate a nuisance. He further commented that the ordinance also makes on minor change to correct what he believes to be an error in the code whereby the City Manager could make the determination that a nuisance exists and that determination could be appealed to the City Council. Councilmember Lay moved that the City Council introduce Ordinance No. 328 for first reading and waive full reading of the Ordinance. Councilmember Heinsheimer seconded the motion. Mayor Black called for public comment. Cathy Nichols, 14 Crest Road West, addressed the City Council to express concern that residents will not be given appropriate notice regarding a nuisance. She stated that she feels this is a mean spirited approach and should be addressed by the City Council before action taken. Councilmember Lay commented in response to Ms. Nichols comments that this ordinance is the same ordinance as was in effect before this proposed change and that the change is to simply clean-up the ordinance. He stated that the City spends many years talking to the individuals where a nuisance exists. Discussion ensued concerning the City's current ordinance and active nuisance abatement case. City Attorney Jenkins commented that the ordinance is unchanged in so far as it requires notice, it allows for an appeal to the City Council and it is a very deliberative process and there has been no circumstance where the resident wasn't given the benefit of the doubt and given opportunity to abate the nuisance. He stated that there is not substantive change proposed to the process. Councilmember Lay called the question and the motion carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Lay, Hill, Pernell and Mayor Black. NOES: None. ABSENT: None. ABSTAIN: None. Second reading and adoption was scheduled for the next regular meeting of the City Council. CITY COUNCIL REPORTS AND MEETING ATTENDANCE REPORTS Mayor Black reported that the City Council Finance Budget Committee met earlier in the evening and the items discussed will be presented to the City Council at their meeting of May 14, 2012. IT1�:�.-�13�1►�1 131 City Manager Dahlerbruch commented that a discussion pertaining to the City's view ordinance will be agendized for discussion by the Planning Commission after the current view case concludes. 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. G.C. 54956.9(a) Howard H. Hall, an individual, as Trustee of the Howard H. Hall Living Trust v. City of Rolling Hills, Oksana R. Bihun, Los Angeles County Superior Court Case No. BS 136694. G.C. 54956.9(a) Howard H. Hall, an individual, as Trustee of the Howard H. Hall Living Trust v. Oksana R. Bihun, City of Rolling Hills, et al., Los Angeles County Superior Court Case No. BC482607. The City Council recessed into closed session at approximately 10:05 p.m. to discuss the matters listed above. Following the closed session, City Attorney Jenkins reported in open session that no action was taken other than to authorize the City Attorney's office to defend the City in the litigation. Minutes City Council Meeting 04/23/12 -7- ADJOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 10:23 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, May 14, 2012 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, James Bli, M.D. Mayor Minutes City Council Meeting 04/23/12 Respectfully submitted, UldilkP'l AA UIA4 t Heidi Luce Deputy City Clerk N 1 1 1