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5/12/2014MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, MAY 12, 2014 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Lay at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Hill, Pieper and Mayor Lay. Councilmembers Absent: Dieringer (excused). Others Present: Raymond R. Cruz, City Manager. Michael Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Terry Shea, Finance Director. Heidi Luce, City Clerk. Leah Mirsch, 4 Cinchring Road. It was noted that there will be no conference call location for this meeting. 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 April 28, 2014. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. City Council Finance/Budget/Audit Committee meeting notes of April 28, 2014. RECOMMENDATION: Receive and file. Councilmember Hill moved that the City Council approve the items on the consent calendar as presented. Councilmember Black seconded the motion. Following brief discussion regarding the invoices for coyote control services and attorney services, the motion carried without objection. PRESENTATION Special Presentation to Leah Mirsch in recognition of her nomination for the 66`" Assembly District Women of Distinction Award Councilmember Hill presented Leah Mirsch with a Certificate of Commendation in recognition of her nomination for the 66th Assembly District Women of Distinction Award and thanked her for her service to the community. COMMISSION ITEMS RESOLUTION NO. 2014-07. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE AND A SWIMMING POOL AND A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A STABLE AND CORRAL, IN ZONING CASE NO. 846, 11 UPPER BLACKWATER CANYON ROAD, (LOT 99-B-RH), (HANG JA YOO). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Minutes City Council Meeting 05/12/14 -1- Mayor Lay introduced the item and asked for staff's comments. Planning Director Schwartz stated that this case at 11 Upper Blackwater Canyon Road was approved by the Planning Commission on a 4-1 vote. She reviewed the applicant's request for a new residence, swimming pool, stable and corral on an 11 -acre lot at 11 Upper Blackwater Canyon Road. She stated that the applicant proposes to demolish the existing house and pool as well as various other structures and to construct a new home proposed at 10,175 sq. ft. with a 1,566 sq. ft. garage, an 8,900 sq. ft. basement and 1,300 sq. ft. swimming pool and other miscellaneous accessory structures. She reviewed the plans for the project showing that the applicant proposed to combine the three existing pads into one pad. She further stated that grading is proposed at 4,138 cu. yds. of fill and 5,300 cu. yds. of cut with some of the dirt from the basement being exported; and some of the dirt being used on the property to even out the corral area. She stated that the Planning Commission held six public hearings and made four field trips regarding this case and each time, the applicant was responsive to the concerns raised by the Planning Commission and made changes to the proposal. She stated that Commissioner Smith voted against the Resolution citing that she can not make the necessary findings regarding mass and scale; compatibility with the neighboring properties; and preserving the natural terrain to the maximum extent possible. Brief discussion ensued concerning the grading, the locations of the trees as proposed in the landscaping plan and the concerns raised by the neighbors. Planning Director Schwartz commented that the neighbor's concerns have been addressed. She further commented that the development standards are within the Zoning Code with structural net lot coverage at 4.2% and total lot coverage at 10.7%; and the stable meets the requirement for location, size and usage of the space. Councilmember Black suggested that the dirt from the basement that is proposed to be exported be used instead to make a better shoulder on Upper Blackwater Canyon Road and Sagebrush Lane. Councilmember Black moved that the City Council receive and file Planning Commission Resolution No. 2014-07 granting approval of the applicant's request in Zoning Case No. 846 at 11 Upper Blackwater Canyon Road. Mayor Pro Tem Pieper seconded the motion. Mayor Lay expressed his concern that the house is very large and 47% larger than the average house in the area. He expressed concern that approving this house will lead to approval of larger houses in the future and stated that he agrees with Commissioner Smith in that this project does not meet the findings relative to mass and scale. Following brief discussion concerning the landscaping, compliance with the Water Efficient Landscape Ordinance requirements and the drainage Mayor Lay called for a roll call vote. The motion to receive and file Resolution No. 2014-07 carried by the following vote: AYES: Councilmembers Black, Hill and Mayor Pro Tem Pieper. NOES: Mayor Lay. ABSENT: Councilmember Dieringer. ABSTAIN: None. PUBLIC HEARINGS ORDINANCES NO. 338 AND 338-U. AN URGENCY ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE CITY OF ROLLING HILLS MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 32 OF LOS ANGELES COUNTY CODE (FIRE CODE), RATIFYING THE MORE RESTRICTIVE FIRE STANDARDS CONTAINED IN THAT CODE, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF, AND DECLARING THE URGENCY THEREOF. THE PROJECT IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061(B)(3). Mayor Lay introduced the item and asked for staff's comments. Planning Director Schwartz stated that the Los Angeles County Board of Supervisors recently adopted the Fire Code that went into effect on April 24, 2014. She stated that there are two Ordinances before the City Council one is an Urgency Ordinance which will make the Ordinance effective immediately and a regular Ordinance. She recommended that the City Council adopt the Urgency Ordinance so that the City can be in compliance with the Fire Code implemented by the County of Los Angeles and at the same time introduce the regular Ordinance for first reading. She further noted that the City has the option of adopting the more restrictive Fire Code as adopted by the County or adopting the Fire Code as adopted by the State Fire Code. She commented that the primary difference between the two Codes is that the County Fire Code does not allow arbors over driveways and requires clearance to the sky. She further reviewed the additional provisions of the Ordinance. Mayor Lay opened the public hearing and called for public comment. Hearing none, he closed the public Minutes City Council Meeting 05/12/14 -2- hearing. Following brief discussion, Councilmember Hill moved that the City Council waive full and further reading of Ordinance No. 338-U and adopt the Urgency Ordinance adopting the Los Angeles County Fire Code disallowing arbors over driveway's 'and introduce Ordinance No. 338 adopting the Los Angeles County Fire Code for first reading, waive full reading and schedule the Ordinance for second reading. Councilmember Black seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Black, Hill, Pieper and Mayor Lay. NOES: None. ABSENT: Councilmember Dieringer. ABSTAIN: None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME A student at El Camino College introduced himself and commented that he is a journalism major and he is attending the City Council meeting as one of his final projects. OLD BUSINESS None. NEW BUSINESS CONSIDERATION AND APPROVAL OF FISCAL YEAR 2013-2014 BUDGET ADJUSTMENT NO.4 Mayor Lay introduced the item and asked for staff's comments. Finance Director Shea presented the proposed budget adjustment stating that this adjustment is to correct an error in the budgeted amount for the Sheriff's Dept. Contract and to increase the building permit and property tax revenue. He noted that with this adjustment, the budget is still balanced. Mayor Pro Tem Pieper moved that the City Council approve -the budget adjustments as presented. Councilmember Hill seconded the motion, which carried without objection. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETING (ORAL). Councilmember Hill provided an overview of the discussions from the May 8, 2014 Regional Law Committee meeting. He commented that the City receives excellent ambulance service and crime is relatively low. He cautioned the City Council to beware of identity theft crime, which is increasing everywhere. He further commented that the Committee recommended approving a fixed percentage formula for determining each City's annual portion of the Regional Sheriff's Dept. contract. Brief discussion ensued concerning the formula. Mayor Lay commented that he attended the Enhanced Watershed Management Program/Coordinated Integrated Monitoring Program meeting regarding stormwater management last week noting that it was a public meeting held by the Peninsula Cites to educate the public on the cities' stormwater management practices. Brief discussion ensued concerning stormwater management. MATTERS FROM STAFF REPORT ON CONSIDERATION OF CHANGING THE CITY OF ROLLING HILLS BUILDING CODE PERMIT RELATED FEES. Mayor Lay introduced the item and asked for staff comments. City Manager Cruz reported that at the direction of the City Council, staff reviewed the building code permit related fees and recommends no change at this time given the limited income the City receives and the cost associated with providing the service. Following brief discussion and a motion by Councilmember Black that died for lack of a second, the report on consideration of changing the City of Rolling Hills Building Code Permit related fees was received and filed. No action was taken. Minutes City Council Meeting 05/12/14 -3- 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 Lay adjourned the meeting at 8:31 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, June 9, 2014 beginning at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, B. Allen Lay Mayor Minutes City Council Meeting 05/12/14 Respectfully submitted, 4vi &h Heidi Luce City Clerk -4- 1 1 1