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8/12/2013MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, AUGUST 12, 2013 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Hill at 7:32 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Dieringer, Pieper and Mayor Hill. Councilmembers Absent: Black and Mayor Pro Tem Lay (excused). Others Present: Steve Burrell, Interim City Manager. Michael Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, Deputy City Clerk. John Hunter; John Hunter & Associates. Dave Breiholz, 6 Upper Blackwater Canyon Road. 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 22, 2013. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Notice of Completion for FY 2013-14 City of Rolling Hills replacement of traffic striping and pavement markings. RECOMMENDATION: Approve as presented. D. Consideration of a date of December 9, 2013 for the Annual Holiday Open House and Recognition of Outgoing Councilmembers. RECOMMENDATION: Approve as presented. Councilmember Dieringer moved that the City Council approve the items on the consent calendar as presented. Councilmember Pieper seconded the motion, which carried without objection. CK116131"iCo]o11N001.1 None. At Deputy City Clerk Luce's suggestion recognizing that the City's consultant John Hunter was present, and hearing no objection, Mayor Hill took the New Business item related to extension of a Professional Services Agreement with John Hunter and Associates out of order. NEW BUSINESS CONSIDERATION OF AN EXTENSION OF A PROFESSIONAL SERVICES AGREEMENT WITH JOHN HUNTER AND ASSOCIATES FOR MONITORING AND REPORTING FOR COMPLIANCE WITH THE CITY OF ROLLING HILLS TRASH TMDL MONITORING PLAN. Mayor Hill introduced the item and asked for staff's comments. Planning Director Schwartz presented the staff report stating that the City Council is being asked. to consider extending the Professional Services Agreement with John Hunter and Associates to continue trash monitoring program as required Minutes City Council Meeting 08/12/13 -1- by State law. She stated that monitoring is currently done four times per year plus after a major wind event and the Regional Water Quality Control Board requires that the City submit reports every December. She further stated that the City has contracted with John Hunter and Associates for trash monitoring since 2008 and the company is familiar with the City. It is proposed that the agreement be extended through December 31, 2016. In response to Councilmember Dieringer, Planning Director Schwartz stated that the monitoring is required by the MS4 permit. Interim City Manager Burrell explained the requirements of the MS4 permit and noted that it is likely that there will be more requirements in the future. He also commented that staff from the Regional Water Quality Control Board is coming to visit the City so that City staff can provide them with an explanation as to the unique characteristics of the City. Following brief discussion, Councilmember Pieper moved that the City Council approve the extension of a Professional Services Agreement with John Hunter & Associates for monitoring and reporting for compliance with the trash TMDL monitoring plan. Councilmember Dieringer seconded the motion, which carried without objection. PUBLIC HEARINGS CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. Mayor Hill introduced the item and asked for staff's comments. Planning Director Schwartz presented the staff report stating that the City is - mandated by the State Congestion Management Program to prepare a report and hold a public hearing each year to self -certify that the City complies with the State's Congestion Management Program as required by Proposition 111 passed by the voters in 1990. The resolution presented for consideration states that the City complies with the State requirements for the Congestion Management Program. Mayor Hill called for public comment. Hearing none, he closed the public hearing. Councilmember Pieper moved that the City Council adopt Resolution No. 1150 finding the City to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Development Report. Councilmember Dieringer seconded the motion, which carried without objection. CONSIDERATION OF ORDINANCE NO. 335. - AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE TITLE 17 (ZONING) AND TITLE 16 (SUBDIVISIONS) PERTAINING TO GRADING AND DISTURBANCE OF LOTS IN ZONING CASE NO. 832, ZONING CODE AMENDMENT NO. 2013-01. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Hill introduced the item and asked for staff's comments. Planning Director Schwartz presented the staff report stating that this is a public hearing to consider, a proposed Ordinance to allow developers to disturb a larger area than is currently allowed under the Zoning Ordinance. She stated that the City Council directed the Planning Commission to consider ways to create more gentle slopes including offering to grant developers a Variance for doing so but few developers were interested in applying for a Variance. She stated that following several public meeting held to discuss and study the matter, the Planning Commission recommends that.the City Council adopt an amendment to the Zoning Code as presented in the proposed Ordinance. Currently, the Zoning Code allows a maximum 40% disturbance of the net lot area with maximum slopes of 2:1. The amendment proposes to maintain the 40% maximum disturbance of the net lot area but allows for certain exceptions including if all resulting slopes are 3:1 or less then 60% disturbance of the net lot area would be allowed or if 50% of the slopes are 3:1 then 50% disturbance of the net lot area would be allowed. She further stated that the proposed Ordinance was distributed to many developers in the City and she didn't receive much response except for one that thought it was a good idea. Mayor Hill opened the public hearing and called for public comment. Dave Breiholz, 6 Upper Blackwater Canyon Road addressed the City Council stating that as it is described, the proposed ordinance sounds reasonable and provides a step in the right direction in that it Minutes City Council Meeting 08/12/13 -2- provides alternatives to create more natural looking slopes. Councilmember Pieper commented that the objective of the proposed change to the Zoning Ordinance is to create more natural looking slopes while maintaining house size. In response to Councilmember Dieringer, discussion ensued concerning building pad size compared to net lot area with Councilmember Pieper explaining that the Zoning Code section relative to building pad size has not changed. Also in response to Councilmember Dieringer regarding houses getting larger, City Attorney Jenkins stated that the size of the house is subject to discretionary review by the Planning Commission and there is a long standing history of the Planning Commission and City Council in an exercise of their discretionary authority have asked that the size of the house be reduced if it is too large or overwhelms the lot. He clarified that the proposed Ordinance creates an opportunity to have more land disturbance in exchange for more graduated slopes. Further discussion ensued concerning the steepness of slopes and pad size. City Attorney Jenkins further clarified that the objective of the Zoning Ordinance is to have standards that accomplish the overall objectives with the least number of variances. Following discussion, Councilmember Pieper moved that the City Council introduce Ordnance No. 335 for first reading, waive full reading and schedule the second reading. Councilmember Dieringer seconded the motion, which carried without objection. OLD BUSINESS None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS Councilmember Dieringer reported that she and Mayor Hill attended the Palos Verdes Peninsula Regional Law Enforcement Committee meeting and that there were only two crimes reported in the City for the last quarter. She explained an accident that occurred on Eastfield Drive as well as a burglary that occurred on Blackwater Canyon Road. Staff was asked to check with the RHCA to see if information is available on the vehicles that were involved in these two incidents. Councilmember Dieringer further reported that she also attended the SBCCOG Board Meeting' on July 25th where a presentation was given regarding the MS4 permit and that she has copies of the presentation and other information if any Councilmembers wish to review it. MATTERS FROM STAFF DISCUSSION AND CONSIDERATION OF HOSTING A VOLUNTEER APPRECIATION EVENT. Mayor Hill introduced the item and asked for staff's comments. Interim City Manager Burrell presented the staff report proposing several dates and locations for the Volunteer Appreciation Event and asking for the City Council's direction on the matter. Mayor Hill commented on the history of the event and expressed concern that the budget amount may be insufficient depending on the number of volunteers that attend the event. Following discussion concerning the date, venue and budget amount, the report was received and filed with the City Council selecting the date of Saturday, February 1, 2014 for the Volunteer Appreciation Event to be held at the Ports O'Call Restaurant. The City Council further directed staff to verify with Councilmember Black and Mayor Pro Tem Lay that the date chosen does not pose any conflicts and to proceed with making arrangements for the event. DISCUSSION OF A PROPOSAL FROM RHCA MANAGER TO CREATE AN AD-HOC COMMITTEE TO ADDRESS THE CITY'S AND RHCA'S DEVELOPMENT PROCESS. Mayor Hill introduced the item and asked for staff's comments. Interim City Manager Burrell presented the staff report pertaining to a request from the RHCA to create an ad-hoc committee to address the development process in response to a letter received from Lynn Gill. Following brief discussion, the report was received and filed with the City Council concurring that the City should participate in the ad- hoc committee but deferring selecting representatives until the entire City Council was present. The matter will be discussed at the next meeting of the City Council. Minutes City Council Meeting 08/12/13 -3- PUBLIC COMM ENT ON CLOSED SESSION AGENDA None. CLOSED SESSION Government Code §54957 Public Employment Title: City Manager Government Code §54957.6 Conference with Labor Negotiator City representative: Interim City Manager Unrepresented employee: City Manager The City Council recessed into closed session at 8:34 p.m. to discuss the matter listed above on the closed session agenda. The meeting returned to open session at 8:43 p.m. RETURN TO OPEN SESSION ANNOUNCEMENT OF ACTIONS FROM CLOSED SESSION (ORAL REPORT). Following the closed session City Attorney Jenkins reported in open session that the City Council discussed the item listed above in closed session and no reportable action was taken. ADJOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 8:44 p.m. to a regular meeting of the City Council scheduled to be held on Monday, August 26, 2013 beginning at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, Frank ill t Mayor Minutes City Council Meeting 08/12/13 Respectfully submitted, Veid��g Deputy City Clerk -4- 1 1 C