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2/10/2014MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, FEBRUARY 10, 2014 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Hill at 7:34 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. Others Present: Raymond R. Cruz, City Manager. Michael Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Joann Lombardo, Comprehensive Planning Services. 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 January 27, 2014. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. CONSENT CALENDAR ITEM FROM THE TRAFFIC COMMISSION: C. Consideration of a Traffic Commission recommendation to install a "No Outlet" sign on Open Brand Road. RECOMMENDATION: Approve as presented. Councilmember Black asked that Item 3C be removed from the consent calendar for individual consideration. Mayor Hill so ordered. Councilmember Dieringer moved that the City Council approve the remaining items on the consent calendar as presented. Councilmember Pieper seconded the motion, which carried without opposition. C. Consideration of a Traffic Commission recommendation to install a "No Outlet" sign on Open Brand Road. RECOMMENDATION: Approve as presented. Councilmember Black expressed his opposition to installing a "No Outlet" sign on Open Brand Road. He stated that he does not feel a sign is necessary and he feels that there are already too many signs on Eastfield Drive. City Manager Cruz stated that the Traffic Engineer assessed the area and there are signs at the cul-de-sacs above and below Open Brand Road. Following brief discussion, Councilmember Dieringer moved that the City Council approve the Traffic Commission's recommendation to install a "No Outlet" sign on Open Brand Road as presented. Councilmember Pieper seconded the motion, which carried with Councilmember Black opposed. COMMISSION ITEMS RESOLUTION NO. 2014-01 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT AND SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A Minutes City Council Meeting 02/10/14 -1- STABLE WITH CORRAL AND GRANTING A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT IN ZONING CASE NO. 848 AT 9 CHUCKWAGON ROAD, (LOT 3-CRB), (COOLEY). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Hill introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request to construct a stable with a corral in Zoning Case No. 848 at 9 Chuckwagon Road. She stated that Planning Commission approved the applicant's request and Planning Commission Resolution No. 2014-01 granting approval is before the City Council for consideration. Following brief discussion concerning access to the stable, Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No. 2014-01 granting approval of the applicant's request in Zoning Case No. 848 at 9 Chuckwagon Road. Councilmember Dieringer seconded the motion, which carried without opposition. RESOLUTION NO. 2014-02 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR CONSTRUCTION OF A NEW RESIDENCE, AND VARIANCES TO ENCROACH WITH A PORTION OF THE RESIDENCE INTO THE REAR SETBACK WITHIN THE FOOTPRINT OF THE EXISTING ENCROACHMENT AND TO ENCROACH INTO THE SIDE SETBACK WITH THE SET ASIDE AREA FOR A FUTURE STABLE AND CORRAL IN ZONING CASE NO. 847, AT 2 MIDDLERIDGE LANE SOUTH, LOT 168-RH, (JOHNSON). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Hill introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request to construct a new residence at 2 Middleridge Lane South noting that the property is constrained by setbacks because it abuts two roadways. She reviewed the location for the set aside area for a future stable and corral noting that the resident at 4 Middleridge Lane South (Schmoller) expressed concern regarding the location due to prevailing winds and it was moved to address those concerns. She stated that Planning Commission approved the applicant's request and Planning Commission Resolution No. 2014-02 granting approval is before the City Council for consideration. Councilmember Dieringer stated that she doesn't have any objection to the new house, but she is not comfortable granting a variance for a stable for demonstration purposes when there are no plans to build the stable in that area. She stated that her preference would be to locate the stable on the other side of the house in the triangle area but noted that Planning Director Schwartz mentioned that the applicant may later propose a pool in that area. In response to Councilmember Black's concern that there isn't an area on the property for a pool, Planning Director Schwartz confirmed that there is an area where a pool could be located. Councilmember Black further stated that he feels the proposed location for the stable is a good location. Following brief discussion concerning the location of the future stable and corral, Councilmember Black moved that the City Council receive and file Planning Commission Resolution No. 2014-02 granting approval of the applicant's request in Zoning Case No. 847 at 2 Middleridge Lane South. Councilmember Pieper seconded the motion, which carried with Councilmember Dieringer opposed. PUBLIC HEARINGS ORDINANCE NO. 337-U — AN URGENCY ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 26 OF THE LOS ANGELES COUNTY BUILDING CODE, INCORPORATING THE CALIFORNIA BUILDING CODE, 2013 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 2013 EDITION; TITLE 28 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA PLUMBING CODE, 2013 EDITION; TITLE 29 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA MECHANICAL CODE, 2013 EDITION; TITLE 30 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA RESIDENTIAL CODE; 2013 EDITION, TITLE 31 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2013 EDITION; AND AMENDING TITLE 15, BUILDING AND CONSTRUCTION OF THE ROLLING HILLS MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF. THE ORDINANCE IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061(B)(3). Minutes City Council Meeting 02/10/14 -2- Mayor Hill introduced the item and asked for staff's comments. Planning Director Schwartz stated that present in the audience tonight are the City's Building Officials, Kit Bagnell, District Engineer and Mike Dorta, Plan Check Engineer. She stated that this is a public hearing to consider an Urgency Ordinance adopting by reference the Los Angeles County 'Building Code. She stated that the County adopted the State Building Code with a few minor changes and historically, the City adopts the County Code with additional changes specific to the City. She stated that counties and cities are allowed to make changes as long as the changes result in more strict provisions,and staff is recommending that the City adopt the County code with a few minor changes primarily related to required roofing material, approval of grading; and making reference to the City's Water Efficient Landscape Ordinance and Low Impact Development Standard Ordinance. In response to Councilmember Dieringer regarding which code controls, City Attorney Jenkins stated that Rolling Hills Municipal Code is always the controlling document, then the County Code, then the California Building Code. He sated that if the County or State were to make changes after the City adopts the code, they would not be effective in the City until the City adopted those changes. He stated, for example, that the City is not adopting the Fire Code tonight because the County has not yet adopted it and it will be brought back for adoption at a later time once the County adopts it. Mayor Hill called for public comment. Hearing none, he closed the public hearing. Councilmember Black moved that the City Council introduce Ordinance No. 337-U, waive full reading and adopt the Ordinance as presented. Councilmember Pieper seconded the motion which carried without objection. CONSIDERATION OF THE 2014-21 HOUSING ELEMENT UPDATE OF THE CITY OF ROLLING HILLS AND THE ANNUAL REPORT ON GENERAL PLAN IMPLEMENTATION AND AMENDING THE GENERAL PLAN, GENERAL PLAN AMENDMENT NO. 2014-01; AND RESOLUTION NO. 1158 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING THE 2014-2021 HOUSING ELEMENT AND GENERAL PLAN AMENDMENT NO. 2014-01, OF THE GENERAL PLAN OF THE CITY OF ROLLING HILLS. A NEGATIVE ENVIRONMETAL DECLARATION HAS BEEN PREPARED FOR THIS PROJECT; AND ACCEPTING AND FILING THE 2014 REPORT ON THE IMPLEMENTATION OF THE GENERAL PLAN. Mayor Hill introduced the item and asked for staff's comments. Planning Director Schwartz stated that this is a public hearing to consider an update to the City's Housing Element as required by State law. She stated that the Housing Element is a part of the General Plan and its purpose is to define the City's housing policies to comply with the State requirement that cities make a good faith effort to allow for the construction of lower income housing. She stated that the City's Housing Element identifies the constraints the City faces and why the City cannot comply with the State requirements. She introduced Joann Lombardo with Comprehensive Planning Services who was the City's consultant in preparing the 2008 Housing Element as well as the current Housing Element. Ms. Lombardo reviewed the background and requirements of the Housing Element law which was adopted in 1969 stating that the original intent of the law was to encourage more housing and it has become more complex over the years. She stated that this is the 5th cycle of the Housing Element and there is a very short cycle to adopt it with the State requiring that it be adopted and sent to the California Department of Housing and Community Development by February 15th. She reviewed the process, the challenges faced by the City and the penalties for non-compliance. She further reviewed the demographics taken from the 2010 census and the number of housing units allocated to the City as determined by the Southern California Association of Governments (SCAG). In response to Councilmember Black, Ms. Lombardo reviewed the process for determining the numbers for housing units and City Attorney Jenkins stated that the SCAG has the legal authority to impose these numbers on cities. Ms. Lombardo further reviewed the constraints and challenges that the City faces in meeting the requirements and stated that the next step for the City is to self -certify the Housing Element because the California Department of Housing and Community Development will not certify it. Mayor Hill called for public comment. Hearing none, he closed the public hearing. Following brief discussion, Councilmember Dieringer moved that the City Council adopt Resolution No. 1158 self -certifying the 2014-2021 Housing Element and adopting the Negative Environmental Declaration; and that the City Council receive and file the General Plan implementation report. Minutes City Council Meeting 02/10/14 -3- Councilmember Pieper seconded the motion. Following a public hearing and discussion the motion carried by the following roll call vote: AYES: Councilmember Black, Dieringer, Pieper and Mayor Hill. NOES: None. ABSENT: Mayor Pro Tem Lay. ABSTAIN: None. OLD BUSINESS None. NEW 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 attended the League of California Cites meeting last week where the discussion topic was emergency management. She distributed the PowerPoint presentation and flyers on the matter. She further informed the City Council that there is a Resolution before the State Legislature (Resolution No. 29) that proposes that the Legislature adopt legislation based on the principals in the Resolution urging local official to move away from contracting for City services. She stated that the League is monitoring the issue and she will keep the City Council apprised on the matter. Councilmember Dieringer further reported that she also attended the South Bay Cities Council of Governments meeting at which a letter from several Mayors in the San Diego area expressing concerns regarding Metropolitan Water District was discussed. Following brief discussion, staff was directed to follow up with the League of California Cites with regard to their position on the letter. Councilmember Dieringer suggested that information such as SBCCOG events or the HERO Program be included in the Citywide newsletter and on the City's web site. Brief discussion ensued concerning the mailing process for citywide newsletter. City Clerk Luce stated that staff is looking into mailing the newsletter first class rather than bulk mail as a part of the 2014-15 budget preparation process. In response to Councilmember Dieringer's inquiry regarding the status of the City's Local Hazard Mitigation Plan, City Manager Cruz stated that he would follow up on the matter. PROPOSAL TO APPROVE A LETTER OF SUPPORT FROM THE CITY OF ROLLING HILLS CITY COUNCIL TO BE SENT TO THE CALIFORNIA STATE SENATE MEMBERS ON THE COMMITTEE ON RULES ENDORSING ROLLING HILLS ESTATES COUNCILMEMBER JUDY MITCHELL TO BE CONFIRMED TO A SEAT ON THE CALIFORNIA AIR RESOURCES BOARD. Mayor Hill introduced the item and asked for staff's comments. City Manager Cruz stated that these proposed support letters were requested by the South Bay Cities Council of Governments and agendized at the request of Coucilmember Dieringer. He stated that the first letter is in support of Rolling Hills Estates Council Member Judy Mitchell's appointment to the California Air Resources Board. Following brief discussion, Councilmember Dieringer moved that the City Council direct staff to draft a letter for the Mayor's signature to be sent to the California State Senate Members on the Committee on Rules in support of appointing Rolling Hills Estates Councilmember Judy Mitchell as a member of the California Air Resources Board. Councilmember Black seconded the motion, which carried without opposition. PROPOSAL TO APPROVE A LETTER OF SUPPORT FROM THE CITY OF ROLLING HILLS CITY COUNCIL TO BE SENT TO THE MEMBERS OF THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY REQUESTING THAT THEY PERMANENTLY WAIVE THE MONTHLY MAINTENANCE FEE FOR ALL Minutes City Council Meeting 02/10/14 -4- 1 1 iJ EXPRESSLANES TRANSPONDERS AND TO KEEP EXPRESSLANES SURPLUS REVENUES WITHIN THE CORRIDOR.; ` City Manager Cruz stated that the second , lette'r ' is ::n support of permanently waiving the monthly maintenance fee for ExpressLane transponders and to keep surplus revenue within the corridor. Following brief discussion, Councilmember Dieringer moved that the City Council direct staff to draft a letter for the Mayor's signature to be sent to Los Angeles County Metropolitan Transportation Authority in support of the effort to permanently waive the monthly maintenance fees for all ExpressLanes transponders for individuals who work or live in Los Angeles County and to keep the surplus revenues raised from Los Angeles County ExpressLanes in the corridor. Councilmember Pieper seconded the motion, which carried without opposition. MATTERS FROM STAFF None. PUBLIC COMMENT ON CLOSED SESSION AGENDA None. CLOSED SESSION None. RETURN TO OPEN SESSION None. ADJOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 8:55 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, February 24, 2014 beginning at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California at which time a joint study session will be held with the Rolling Hills Community Association Board of Directors for the purpose of discussing undergrounding overhead utility lines. Approved, Frank E. Hill Mayor Minutes City Council Meeting 02/10/14 Respectfully submitted, '711 A"�U) Heidi Luce City Clerk -5-