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9/9/2013MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, SEPTEMBER 9, 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: Black, Dieringer, Pieper and Mayor Hill. Councilmembers Absent: Mayor Pro Tem Lay (excused). Others Present: Steve Burrell, Interim City Manager. Michael Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Terry Shea, Finance Director. Heidi Luce, Deputy City Clerk. Jim Aichele, 14 Crest Road West. Kathleen Hughes, 13 Caballeros Road. Nancy Hoffinan, 5 Packsaddle Road West. Tracy Yoshida, 17 Wideloop Road. Joyce Grubbs, 1 Hackamore Road. Martin Waters, 9 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 August 12, 2013. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Review and approval of the Planning Commissioner appointment schedule for terms expiring in January 2014. RECOMMENDATION: Receive and file. D. 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). RECOMMENDATION: Second reading, waive full reading and adopt Ordinance. Councilmember Black moved that the City Council approve the items on the consent calendar as presented. Councilmember Dieringer seconded the motion, which carried without objection. COMMISSION ITEMS RESOLUTION NO. 2013-13. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO CONSTRUCT A BASEMENT, A PORTION OF WHICH WOULD ENCROACH INTO THE FRONT AND SIDE YARD SETBACKS AND AN 83 SQUARE FOOT ADDITION TO THE RESIDENCE ON A LOT WITH A CONDITION THAT ANY DEVELOPMENT BE REVIEWED BY THE PLANNING COMMISSION, IN ZONING CASE NO. 839 AT 16 GEORGEFF ROAD, (LOT 6 -GF), (BEILKE). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Minutes City Council Meeting 09/09/13 -1- Mayor Hill introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request to construct a basement and an addition to the residence in Zoning Case No. 839 at 16 Georgeff Road. She stated that all of the development standards are being met on this application and that the Planning Commission approved the applicant's request with a condition that any future development be brought before the Planning Commission for consideration; and in response to a neighbor's concerns, a condition that construction access to the proposed development be on the applicant's property. Councilmember Black moved that the City Council receive and file Planning Commission Resolution 2013-13 granting approval of the applicant's request in Zoning Case No. 839 at 16 Georgeff Road. Councilmember Pieper seconded the motion, which carried without objection. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF AN AMENDMENT TO FY 2013-14 BUDGET PERTAINING TO THE STORMWATER MANAGEMENT PROGRAM FOR THE IMPLEMENTATION OF THE LA MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT AND TOTAL MAXIMUM DAILY LOAD (TMDL) FOR VARIOUS POLLUTANTS. Mayor Hill introduced the item and asked for staff's comments. Interim City Manager Burrell stated that presented for consideration is an amendment to the FY 2013-14 operating budget to fund the costs associated with the stormwater management program; and implementation of the MS4 permit and TMDL requirements. He reviewed the background of the issue stating that Rolling Hills was the only - City to adopt the Minimum Control Measures approach for stormwater management and that at the time the budget was adopted, the total costs for implementation of the program were not known. Since the budget was adopted, staff requested proposals for implementation of the stormwater management program to which two companies responded with a proposal and others responded that they were not interested in or not capable of doing so. He stated that $45,000 is currently budgeted for stormwater management but projected costs are now $114,000 and reviewed the budget transfers that would be necessary to fund the shortfall this year and maintain funding through FY 2014-15. He further commented that about two weeks ago, members of the State Water Quality Control Board toured the City along with staff and the City's consultant to gain a better understanding of the unique characteristics of the community; and as a result of that meeting, staff will request to be relieved from some of the requirements. Councilmember Black stated that he feels these mandates should not apply to Rolling Hills and that the City Council chose to adopt the Minimum Control Measures option because the cost estimates at the time were $45,000 or less. He asked why the consultant isn't present to explain why the costs for the consultant alone are $74,000. In response, City Manager Burrell commented that staff did not ask the consultant to be present this evening and that all of the costs in the consultant's proposal are associated with requirements of the mandate. Councilmember Black further commented that this option was chosen because it was the most cost effective but now it may not be the most cost effective. In response to Councilmember Pieper's inquiry as to why the City of La Habra Heights ended up choosing another option and is there a better option for Rolling Hills, Interim City Manager Burrell stated that he would contact the City Manager to find out. Councilmember Pieper suggested that the item be tabled until this question can be answered. Discussion ensued concerning the costs associated with participation in the Coordinated Integrated Management Plan (CROP) and the Enhanced Watershed Management Plan (EWMP). Councilmember Dieringer commented that it is her understanding that the City elected to proceed with the Minimum Control Measures and there would not be an option to change. Minutes City Council Meeting 09/09/13 -2- Following discussion, staff was directed to report! back on the MS4 permit requirements and the MCM option that the City selected; and why is.the program so costly. The City Council also asked staff to determine if the City could join the other Peninsula Cities in implementing the Enhanced Watershed Management Plan (EWMP) to reduce the city's cost for the implementation of the MS4 permit. No action was taken. Consideration of this item was continued to September 23, 2013. CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE PENINSULA CITIES, LA COUNTY DPW AND LA COUNTY FCD IN ORDER TO BEGIN COLLABORATIVE WORK ON THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) FOR THE NEW LA MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT REQUIREMENTS. No action was taken. Consideration of this item was continued to September 23, 2013 based on the action above. CONSIDERATION OF AN AWARD OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ROLLING HILLS AND GEOSYNTEC CONSULTANTS FOR STORMWATER CONSULTING SERVICES PERTAINING TO IMPLEMENTATION OF THE LA MS4 PERMIT AND TMDL REQUIREMENTS. No action was taken. Consideration of this item was continued to September 23, 2013 based on the action above. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Jim Aichele, 14 Crest Road West addressed the City Council to request that the "blue" newsletter which contains the drat agenda be mailed earlier because he is not receiving it until after the City Council meeting. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS CORRESPONDENCE FROM KATHLEEN HUGHES PROPOSING THAT THE CITY COUNCIL CONSIDER A LEASH LAW (HILL). Mayor Hill introduced the item and asked for comments from Ms. Hughes. Kathleen Hughes, 13 Caballeros Road addressed the City Council to request that the City Council consider a leash law. She stated that she has reviewed the City's Animal Complaint files and there are an average of six attacks per year; and she feels as a matter of safety, the City should have a leash or confinement law so that dogs are not allowed to roam. She provided the details of a recent attack that occurred on August 13, 2013 where she and her dogs were attacked by a neighbor's dog who had previously been ordered confined to the property. She also showed a photo of the bite she suffered. She requested that the City Council consider implementing a leash or confinement law. Mayor Hill asked for further comments from the public. Pam Crane, 10 Caballeros Road addressed the City Council stating that she is sorry for the incident Ms. Hughes was involved in, but that a leash law would not have. solved the problem. She stated that she feels a leash law is not necessary and it would not be appropriate to punish everyone because of an unfortunate incident. Nancy Hoffman, 5 Packsaddle Road West addressed the City Council stating that she sees both sides of . this issue, but feels that when dogs are not trained, confined or controlled, they can cause problems and there should be a confinement law. Tracy Yoshida, 17 Wideloop Road addressed the City Council stating that she sees both sides as well and her daughter was involved in one of the attacks Ms. Hughes referenced, but she is against a leash law. She stated that she doesn't feel dogs should be allowed to run free, put properly trained dogs should be allowed off leash and having a leash law would punish the responsible owners. Joyce Grubbs, 1 Hackamore Road addressed the City Council stating that they have lived here for 40 years and they always had large dogs. She stated that she is not afraid of dogs, but she is afraid of dogs that are not on a leash and attack her dog. She said there have been several incidents where Marion Minutes City Council Meeting 09/09/13 -3- Ruth's dogs that were not on leashes have attacked her dogs and she feels a leash law is necessary in the City. Martin Waters, 9 Upper Blackwater Canyon Road addressed the City Council stating he has walked a dog in the city for 8 % years without any incidents primarily because he has properly trained his dog so that when he is off leash he not a problem to anyone else. He stated that having taken extra effort to be a responsible dog owner by fencing his yard and training his dog, he objects to having a leash law forced upon him. Jim Aichele, .14 Crest Road West addressed the City Council suggesting that instead of a leash law, the City Council consider a law that punishes people for not keeping their dog under control. He commented that the problem with having a leash law is that residents would then have to fence their yards in order for their dogs to roam their own property because 3 -rail fences can't keep a dog in. City Attorney Jenkins explained that this matter is before the City Council as correspondence from a resident and as such does not have the benefit of a staff report or recommendation from staff. He suggested that rather than discussing the merits of a leash law, the City Council should decide if they want to pursue the matter, and if so, then direct staff accordingly. Councilmember Black stated that he feels the matter should be agendized and requested that staff provide information in response to the following issues: Why the dog involved in the attack on Ms. Hughes' was not ordered removed from the City; Can the City ban dogs by breed; Implementing fines for people with vicious dogs; and have there been complaints about Marion Ruth's dogs. He stated that he does not believe in leash laws, but he does believe in responsible pet ownership. In response to Councilmember Black regarding banning dogs by breed, City Attorney Jenkins stated that state law does not allow a City to prohibit by breed. Councilmember Pieper concurred that the matter should be researched an agendized for future discussion. Councilmember Dieringer also concurred that matter should be researched and agendized for discussion with the information being disseminated to the community so that they are aware the matter is being considered; and can participate and make informed choices. With a consensus of the City Council, staff was directed to research the matter and agendize for future discussion by the City Council. At the request of Mayor Hill, Interim City Manager Burrell informed the City Council that he and the Mayor attended an event at the Lomita Sheriff's Station where the Sherriff's Dept. introduced their new mobile emergency command center that. was purchased by the cities of Lomita, Rancho Palos Verdes, Rolling Hills Estates and Rolling Hills on*a cost share basis. MATTERS FROM STAFF 2012-2013 LOS ANGELES COUNTY CIVIL GRAND JURY REPORT CONSIDERATION OF THE CITY OF ROLLING HILLS RESPONSE TO THE 2012-2013 LOS ANGELES COUNTY CIVIL GRAND JURY REPORT. CONSIDERATION OF ADOPTION OF A REVISED CITY OF ROLLING HILLS FINANCIAL, BUDGET AND DEBT POLICIES IN RESPONSE TO THE CIVIL GRAND JURY REPORT. CONSIDERATION OF ADOPTION OF A REVISED CITY OF ROLLING HILLS FRAUD POLICY IN RESPONSE TO THE CIVIL GRAND JURY REPORT. Mayor Hill introduced the item and asked for staff's comments. Interim City Manager Burrell presented the proposed response to the recommendations from the Los Angeles County Civil Grand Jury with respect to the City's fiscal health, governance, financial management and compensation. Following brief discussion, Councilmember Dieringer moved that the City Council approve the response to the 2012-2013 Civil Grand Jury Report and adopt the revised Financial Budget and Debt Policies and the Fraud Policy. Councilmember Black seconded the motion, which carried without objection. UPDATE ON PLANNING COMMISSION DISCUSSION REGARDING LANDSCAPING REQUIREMENTS FOR DEVELOPMENT PROJECTS. Minutes City Council Meeting 09/09/13 ma 1 1 Mayor Hill introduced the item and asked for staff's comments. Planning Director Schwartz stated that at the City Council's direction, the Planning Commission was asked to study a review the City's policies and requirements with regard to requiring landscaping plans when a proposed development is presented to them and to determine some requirements should be codified. She further stated that they reviewed the attached staff report and discussed it at a public forum and determined that cases should continue to be handled on a case-by-case basis rather. than codifying such requirements. Coucilmember Black commented that he would still like to agendize a discussion on maximum tree height requirements. Following brief discussion, the report was received and filed. . PUBLIC COMMENT 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 8:31 p.m. to discuss the matter listed above on the closed session agenda. The meeting returned to open session at 9:29 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 9:30 p.m. in memory of long time resident, Paul E. Iacono. The next regular meeting of the City Council is scheduled to be held on Monday, September 23; 2013 beginning at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, ��- Frank E. Hill Mayor Minutes City Council Meeting 09/09/13 Respectfully submitted, Hei i Luce Deputy City Clerk -5-