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7/9/20121 1 1 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, JULY 9, 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: Councilmembers Absent: Others Present: CONSENT CALENDAR I1 I 01 Heinsheimer, Lay, Pernell, Mayor Pro Tem Hill and Mayor Black. None. Anton Dahlerbruch, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, Deputy City Clerk. Captain Blaine Bolin, Los Angeles County Sheriff's Dept. Deputy Reece Souza, CORE Deputy, Los Angeles County Sheriff's Dept. Kathleen McGowan, McGowan & Associates. Minutes - Regular Meeting of June 25, 2012. RECOMMENDATION: Approve as presented. Payment of Bills. RECOMMENDATION: Approve as presented. Councilmember Heinsheimer moved that the City Council approve the consent calendar. Mayor Pro Tem Hill seconded the motion, which carried without objection. PRESENTATION Introduction of New Community Resource Deputy — Reece Souza Captain Blaine Bolin, Los Angeles County Sheriffs Department, Lomita Station Captain Bolin introduced Deputy Souza as the new Community Resource Deputy and stated that he began in official capacity as the Community Resource Deputy on July 1, 2012. He stated that Deputy Souza has been at the Lomita Stations for 16 years and has served in many capacities. Deputy Souza addressed the City Council stating that he worked with Deputy Epp training as the CORE deputy and is looking forward to working with the City in this new position. City Manager Dahlerbruch commented that the Sheriff's Dept. has requested that the badges that were issued to councilmembers be returned to the Sheriff's Dept. COMMISSION ITEMS RESOLUTION NO. 2012-11. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO RETAIN A PREVIOUSLY APPROVED AND PARTIALLY CONSTRUCTED STABLE AND A VARIANCE TO RETAIN HIGHER THAN ALLOWED PLATE HEIGHT OF THE LOFT IN ZONING CASE NO. 821, AT 5 HILLSIDE LANE (LOT 126-C-RH), ROLLING HILLS, CA, (GAUDENTI). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Black introduced the item for consideration and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request in Zoning Case No. 821 at 5 Hillside Lane and stated that the Planning Commission approved the request on a 4-0 vote with Chairman Pieper recused due to the Minutes City Council Meeting 07/09/12 -1- proximity of his property to the subject property. She stated that the project was originally approved in 2006 but construction was not completed and the permits subsequently expired and the applicant now wishes to resume the project. She stated that the project was subject to the new requirements for stables and as such, a Variance was requested to retain the 7.5 ft. plate height on the loft. Following discussion, Councilmember Pernell moved that the City Council receive and file Planning Commission Resolution No. 2012-11 granting approval of the applicant's request in Zoning Case No. 821 at 5 Hillside Lane. Councilmember Heinsheimer seconded the motion which carried without objection. PUBLIC HEARINGS ORDINANCE NO. 329. CONSIDERATION OF AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE TO MODIFY THE REVIEW PROCESS FOR RECONSTRUCTION OF EXISTING RESIDENCES AND ADDITIONS THERETO WHERE PARTIAL OR TOTAL DEMOLITION OF THE STRUCTURE IS PROPOSED IN ZONING CASE NO. 820, ZONING CODE AMENDMENT NO. 2012-03. THE PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Mayor Black introduced the item for consideration and asked for staff's comments. City Manager Dahlerbruch reviewed the background of the proposed Ordinance stating that it began with discussions several years ago regarding the difference between a remodel with "one wall standing" and building a completely new house. He stated that an ad hoc committee of the Planning Commission was formed to discuss this topic and prepared a recommendation for a process by which neighboring properties are notified of a substantial remodel where over 50% of the structure is being remodeled. He further stated that the Planning Commission reviewed the proposed amendment at a public hearing and approved the recommendation on a 5-0 vote. Planning Director Schwartz presented the proposed Ordinance which provides a review process in cases where an addition of up to 999 sq. ft. is proposed but partial or total demolition is also proposed. She reviewed the proposed notification procedure stating that in cases that could normally be approved by staff where an addition of up to 999 sq. ft. is proposed and 50% or more of the walls are proposed to be demolished, the applicant will be required to stake the project and staff will send notices to the property owners within a 1,000 ft. radius advising them of the proposal. She stated that if two or more neighbors express concern regarding the project, it may not be approved by staff and will be scheduled for consideration by the Planning Commission. Mayor Black called for public comment. Hearing none, he closed the public hearing. Councilmember Lay moved that the City Council introduce Ordinance No. 329 for first reading and waive full reading of the Ordinance. Councilmember Heinsheimer seconded the motion which carried without objection. Second reading and adoption of the ordinance was scheduled to be placed on the consent calendar at the next regular meeting of the City Council. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF A CASH DONATION IN THE AMOUNT OF $2,000 FROM J. RALPH BLACK. Mayor Black introduced the item for consideration and asked for staff's comments. City Manager Dahlerbruch stated that per City Council policy, a donation in the amount of $2,000 from Dr. Ralph Black is being presented for consideration. He stated that the donation is given with no specific use stipulated to be used at the City's discretion. Following brief discussion and expression of sincere appreciation, Mayor Pro Tem Hill moved that the City Council accept the $2,000 donation from Ralph Black. Councilmember Lay seconded the motion which carried without objection. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. Minutes City Council Meeting 07/09/12 -2- 1 1 1 MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS Councilmember Pernell expressed concern regarding the customer service complaints that are being received relative to the City's refuse collection service provided by Allied Waste. Following brief discussion, staff was directed to schedule Allied Waste to attend a future City Council meeting to address the issue. MATTERS FROM STAFF HIGHLIGHTS OF NEW REQUIREMENTS IN TENTATIVE MS4 PERMIT Mayor Black introduced the item and asked for staff's comments. City Manager Dahlerbruch introduced Kathleen McGowan to provide an overview of the requirements in the tentative MS4 permit. He stated that comments on the proposed permit are due to the Regional Water Quality Control Board (RWQCB) by July 23 but given the complexity and scope of the permit requirements, staff is proposing a letter be sent to RWQCB requesting that the comment period be extended to allow staff time for appropriate review. He stated that a draft letter requesting a time extension was included with the staff report and Councilmember Heinsheimer has proposed an alternate letter which has been placed on the dais for the City Council's consideration. Kathleen McGowan provided an overview of the proposed 'requirements in the tentative Municipal Separate Storm Sewer System (MS4) permit. She stated that the proposed draft permit is 500 pages long and her comments highlight some of the major, new aspects of the permit. She stated that the initial permit was issued in 2001 to the County of Los Angeles Flood Control District and 82 incorporated cities as a group; and was supposed to be renewed in 2005. She stated that the group submitted a request to renew the permit prior to the deadline but the Los Angeles RWQCB did not release the provisions for the new permit for comment until June. She stated that most of the provisions would have to be implemented within 80 days from adoption of the permit. Ms. McGowan commented that the RWQCB will continue to issue a group permit but that the permit will employ a new approach to address the specific Total Maximum Daily Loads (TMDL) on a watershed basis by allowing more watershed specific provisions in the permit. Discussion ensued concerning the permit process and structure of the RWQCB and how Board Members are appointed. In response, City Attorney Jenkins stated that the board members are not elected officials but rather appointed for the purpose of accomplishing one thing — clean water; and they do so by implementing Federal Law at the local level. Ms. McGowan further reviewed the option for implementing a watershed management plan whereby the implemented measures would be accepted to represent compliance rather than strictly meeting a numeric limit. She further reviewed the proposed reporting and monitoring requirements; and the requirement that a water quality plan be submitted and implemented for single-family homes that meet certain criteria. Discussion ensued concerning the low impact nature of the Community and the need for the unique characteristics of Rolling Hills to be considered in the drafting of the permit. Discussion ensued suggesting that the letter requesting an extension should be more strongly worded, expressing the City's opposition; and the more detailed comment letter from the Peninsula Cities should reference the unique characteristics of the Cities and their limited effect; and also be more strongly worded and reference the specific aspects of the permit that should be revised. Following lengthy discussion, Councilmember Pernell moved that the City Council direct staff to modify the proposed letter requesting a time extension to include more information about the uniqueness of Rolling Hills and authorize the Mayor to sign the letter as amended. Councilmember Lay seconded the motion which carried with Mayor Black in opposition. Staff was further directed to determine to whom and what structure can be used to communicate the cities' unfavorable opinion about the burden of storm water regulations and to draft a letter to the persons or agencies who have the interest, authority and power to affect a change for the City Council's review. City Manager Dahlerbruch stated that an appeal was received today regarding the Committee on Trees and Views decision relative to the View Impairment complaint filed by the property owner at 1 Wagon Minutes City Council Meeting 07/09/12 -3- Lane against trees located at 32 Portuguese Bend Road and asked if the City Council prefers to begin with a field trip or start at City Hall. Following discussion and comments from the City Attorney, staff was directed to schedule the public hearing to be held in the City Council Chambers at the City Council meeting of July 23, 2012. 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. No closed session was held. ADJOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 9:08 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, July 23, 2012 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. A oved, Jame lack, M.D. Mayor Minutes City Council Meeting 07/09/12 Respectfully submitted, A� Heidi Luce Deputy City Clerk -4- 1 1 1