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6/9/2014MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, JUNE 9, 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: Dieringer, Hill, Pieper and Mayor Lay. Councilmembers Absent: Black (excused). Others Present: Raymond R. Cruz, City Manager. Michael Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Terry Shea, Finance Director. Heidi Luce, City Clerk. Jim Walker, RAMS. Kathleen McGowan, Geosyntec. Ross Bolton, Bolton Engineering. Nick Tonsich, 40 Eastfield Drive. Roy Cootes, 42 Eastfield Drive. Dan and Chayako Baer, 38 Eastfield Drive. 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 May 12, 2014. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented.. C. Financial Statement for the Month of April, 2014. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for the Month of April, 2014. RECOMMENDATION: Receive and file. E. City Council Finance/Budget/Audit Committee meeting notes of May 21, 2014. RECOMMENDATION: Receive and file. F. Consideration of Modifications to Los Angeles County Sheriffs Department Regional Contract Formula. RECOMMENDATION: Approve as presented. G. ORDINANCE NO. 338 — AN 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. THE PROJECT IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061(B)(3). RECOMMENDATION: Second reading; waive full reading; adopt as presented. H. CONSIDERATION OF AN AGREEMENT WITH AMERICAN MICROIMAGING, INC. (AMI) IN AN AMOUNT NOT TO EXCEED $13,718 FOR LASERFISCHE DOCUMENT IMAGING SOFTWARE AND HARDWARE FOR THE CITY'S ELECTRONIC RECORDKEEPING REQUIREMENTS. RECOMMENDATION: Approve as presented and authorize execution. Minutes City Council Meeting 06/09/14 -1- I. COUNTY OF LOS ANGELES DEPARTMENT OF AGRICULTURAL COMMISSIONER/WEIGHTS AND MEASURES FY 2014/15 AGREEMENT FOR PEST CONTROL SERVICES. RECOMMENDATION: Approve as presented. J. CONSIDERATION OF DECLINING THE DONATION OF TORREY PINES TO BE PLACED AT THE CABALLEROS RIDING RING. RECOMMENDATION: Approve as presented. Councilmember Dieringer asked that Item 3-I pertaining to the Los Angeles County Department of Agricultural Commissioner/Weights and Measures FY 2014/15 agreement for pest control services be removed from the consent calendar for individual consideration. Hearing no objection, Mayor Lay so ordered. Councilmember Hill moved that the City Council approve the remaining items on the consent calendar as presented. Mayor Pro Tem Pieper seconded the motion, which carried without objection. COUNTY OF LOS ANGELES DEPARTMENT OF AGRICULTURAL COMMISSIONER/WEIGHTS AND MEASURES FY 2014/15 AGREEMENT FOR PEST CONTROL SERVICES. Mayor Lay introduced the item and asked for staff's comments. City Manager Cruz stated that the agreement presented for consideration is the annual agreement with the LA County Agricultural Commissioner/Weights and Measures (ACWM) under which the County has provided pest control services, including rodents and weeds, as well as coyote control services in the past. He commented that he will be meeting with the ACWM officials this week regarding the coyote control protocol. He further commented that although the agreement doesn't specifically list coyotes, ACWM has provided coyote control under this contract for several years. Councilmember Dieringer expressed concern that the coyotes aren't specifically listed in the agreement and suggested that staff contact the County to have coyotes added to the agreement since they do provide those services under this agreement. Following brief discussion, consideration of this item was continued to the June 23, 2014 meeting of the City Council and staff was directed to contact Los Angeles County ACWM to confirm that coyote control is included in the contract. CK0)uTluf�X1111WaIINZky RESOLUTION NO. 2014-08. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO CONSTRUCT AN OUTDOOR KITCHEN IN THE FRONT YARD AND A SPA IN THE FRONT SETBACK IN ZONING CASE NO. 856, AT 4 BUCKBOARD LANE (LOT 34 -A -GF), (FITT). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Lay introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request for a Variance to construct and outdoor kitchen in the front yard area of the property and to construct a spa adjacent to an existing pool in the front setback at 4 Buckboard Lane. She reviewed the configuration of the lot and stated that the existing pool was constructed with permits in 1965 so it is a legal non -conforming situation. She commented that the development standards are within the City's requirements with the only exception being the Variance requested. She stated that the Planning Commission approved the applicant's request on a 3-1 vote with Commissioner Mirsch opposed, citing overcrowding in the area; and Commissioner Smith recused due to the proximity of her property of the subject property. Councilmember Dieringer expressed concern about the location of the proposed outdoor kitchen area and suggested that it be placed elsewhere on the property to reduce the crowding and eliminate the need for a Variance. She stated that she does not feel there is a justified "need" for the Variance requested. Following brief discussion, Mayor Pro Tem Pieper moved that the City Council receive and file Planning Commission Resolution No. 2014-08 granting approval of the applicant's request in Zoning Case No. 856 at 4 Buckboard Lane. Councilmember Hill seconded the motion, which carried with Councilmember Dieringer opposed. Minutes City Council Meeting 06/09/14 -2- RESOLUTION NO. 2014-09. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT (CUP) FOR THE CONSTRUCTION OF A STABLE AND CORRAL AND 700 CUBIC YARD GRADING MODIFICATION AND A VARIANCE FOR NOT TO EXCEED 3' HIGH PLANTER WALL IN THE FRONT SETBACK, IN ZONING CASE NO. 853, (LOT 22-RH), AT 6 PORTUGUESE BEND ROAD, ROLLING HILLS, CA. (CHANG). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Pro Tem Pieper recused himself from consideration of this case due to the proximity of his property to the subject property and left the dais. Mayor Lay introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's a request to construct a stable and for a modification to the previously approved grading at 6 Portuguese Bend Road. She reviewed the configuration of the lot stating that the property is located on the corner of Portuguese Bend Road and Saddleback Road. She stated that the applicant is also proposing a driveway apron and an access path to the stable off of Saddleback Road and the Traffic Commission recommended approval of the location of the driveway apron. She further stated that the Planning Commission approved the request unanimously. Following brief discussion, Councilmember Hill moved that the City Council receive and file Planning Commission Resolution No. 2014-09 granting approval of the applicant's request in Zoning Case No. 853 at 6 Portuguese Bend Road. Councilmember Dieringer seconded the motion, which carried without objection. Mayor Pro Tem Pieper returned to the dais. RESOLUTION NO. 2014-10. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT AND A VARIANCE TO RETAIN AN AS BUILT 256 SQUARE FOOT HOBBY SHOP LOCATED IN THE SIDE SETBACK IN ZONING CASE NO. 855 AT 8 WILLIAMSBURG LANE, ROLLING HILLS, CA, LOT 37-RH, (RAMSDELL). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Lay introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request for a Variance and Conditional Use Permit to retain an existing greenhouse located in the side setback at 8 Williamsburg Lane. She stated that when the applicant placed the greenhouse in its current location, they were not aware it was in the side setback; because of the location of the fence they thought the property line was further out. She stated that the Planning Commission, as well as the Rolling Hills Community Association approved the structure. Following brief discussion, Mayor Pro Tem Pieper moved that the City Council receive and file Planning Commission Resolution No. 2014-10 granting approval of the applicant's request in Zoning Case No. 855 at 8 Williamsburg Lane. Councilmember Hill seconded the motion, which carried with out objection. PUBLIC HEARINGS CONSIDERATION OF RESOLUTION NO. 1160 ADOPTING THE 2014/15 FISCAL YEAR BUDGET AND RESOLUTION NO. 1161 ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR THE CITY OF ROLLING HILLS. (1) RESOLUTION NO. 1160: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING THE FY 2014-15 CITY OF ROLLING HILLS BUDGET INCLUDING THE ANNUAL REPORT ON: GENERAL FUND; COMMUNITY FACILITIES FUND; MUNICIPAL SELF INSURANCE FUND; OPEB FUND, REFUSE COLLECTION FUND; SOLID WASTE CHARGES; TRAFFIC SAFETY FUND; TRANSIT FUND -MEASURE R; TRANSIT FUND -PROPOSITION A; TRANSIT FUND - PROPOSITION C; COPS AND CLEEP FUND; UTILITY FUND; AND CAPITAL PROJECT FUND FOR FISCAL YEAR 2014-15. (2) RESOLUTION NO. 1161: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING THE 2014-15 FISCAL YEAR APPROPRIATION LIMIT FOR THE CITY OF ROLLING HILLS. Minutes City Council Meeting 06/09/14 -3- Mayor Lay introduced the items and asked for staff's comments. City Manager Cruz stated that staff, including Jim Walker, the City's previous Finance Director working through RAMS, with direction from Finance/Budget Committee is presenting a balanced budget for consideration. He noted that the cost for compliance with the stormwater management requirements continues to rise with the current budget at $140,800. He also noted that property tax revenue, as well as building permit revenue have increased; and the budget proposes to increase the budget amount for part-time help in the Planning Department from 10 hours per week to 15 hours per week. Finance Director Shea reviewed the proposed general fund budget noting that revenues are up $116,000 to $1,733,000 and expenditures, as compared to last year's adjusted budget are up approximately $40,000 to $1,646,000. He noted that the budget includes $30,000 for the 2015 election and $15,000 for the Hazard Mitigation Plan and expenses are up approximately 2.5% overall. He further reviewed the City's other funds and noted that the projected fund balance at the end of the next fiscal year is $3,465,000. Mayor Lay opened the public hearing and called for public comment. Hearing none, he closed the public hearing. Councilmember Dieringer moved that the City Council adopt Resolution No. 1160 adopting the FY 2014/15 budget and Resolution No. 1161 setting the appropriation limit. Mayor Pro Tem Pieper seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Dieringer, Hill, Pieper and Mayor Lay. NOES: None. ABSENT: Councilmember Black. ABSTAIN: None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. OLD BUSINESS CONSIDERATION OF DRIVEWAYS PROPOSED BY PROPERTY OWNER AT 40 EASTFIELD DRIVE TO SERVE 40 AND 42 EASTFIELD DRIVE. Mayor Lay introduced the item and asked for staff's comments. Planning Director Schwartz reviewed Mr. Tonsich's request to construct two driveway aprons on the adjacent property at 38 Eastfield Drive to serve his property at 40 Eastfield Drive as well as the neighboring property at 42 Eastfield Drive. She stated that the two properties currently share one driveway which is also located on the property at 38 Eastfield Drive. She reviewed the history of the applicant's request stating that the driveways were originally proposed and approved by the Traffic Commission and Planning Commission as part of a modification to a previously approved project to construct a new home at 40 Eastfield Drive. She stated that the City Council took the case under jurisdiction and approved the proposed modifications which included a modification to the grading and an increase in the size of the house and adopted Resolution No. 1135; but did not approve the driveway configuration and placed a condition in the approval that the driveways be reconsidered to possibly move the location to the South, eliminate the two approaches and remove some of the hardscape (Condition No. J). She stated that the applicant returned approximately one year later with the proposed driveways moved approximately 2 ft. South and at that time consideration of the matter was continued. With the current request, the applicant is proposing again that the driveways be moved 2 ft. to the South with two driveway approaches still proposed on the property at 38 Eastfield Drive. She stated that the driveway cannot be placed on Mr. Tonsich's property because it is too steep and there isn't enough area between the driveway to 42 Eastfield Drive and the road to connect it to. She stated that the applicant feels that the revised proposed location represents the best option given all the circumstances. Discussion ensued concerning the proposed walls. Planning Director Schwartz stated that the walls range in height from zero ft. to five ft. and although the walls exceed the maximum 2.5 ft. average height, the Planning Commission approved the Variance for the location and height of the walls. Further discussion ensued concerning the location of the driveway with the applicant's representative noting that the proposed driveway was moved 15 ft. South of the driveway to the property at 38 Portuguese Bend Road. Mayor Lay noted that it is his understanding that the three property owners are Minutes City Council Meeting 06/09/14 -4- in agreement as to the location of the driveway. Roy Cootes, 42 Eastfield Drive confirmed that he supports the proposed driveway configuration and that it serves his property in a much better, safer way than the -,existing configuration. Dan Baer, 38 Eastfield Drive confirmed that he is not opposed to the proposed driveway configuration as long as the portion that is on his property is constructed with a permeable surface so as not to affect his ability to construct on his property. Following brief discussion concerning the portion of the driveway on the Baer's property and with the City Council recognizing that evidence was presented that the driveway had been moved south as directed by the Council in Condition J and that the new driveway location is satisfactory and compliant with Condition No. J, Mayor Pro Tem Pieper moved that the City Council approve the driveway configuration as proposed with the portion of the driveway that is on 38 Eastfield Drive being constructed with a permeable surface. Councilmember Dieringer seconded the motion, which carried without objection. NEW BUSINESS MUNICIPAL STORMWATER PERMIT COMPLIANCE RELATED ITEMS: (1) SUMMARY OF KEY DELIVERABLES AND ACCOMPLISHMENTS FOR MUNICIPAL STORMWATER PERMIT COMPLIANCE. (2) SUBMITTAL OF THE COORDINATED INTEGRATED MONITORING PROGRAM FOR THE PENINSULA TO THE LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARD. (3) MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ROLLING HILLS AND THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY (GATEWAY AUTHORITY) FOR ADMINSTRATION AND COST SHARING FOR THE PREPARATION AND IMPLEMENTATION OF A COORDINATED COMPLIANCE MONITORING AND REPORTING PLAN AS REQUIRED BY THE REGIONAL WATER QUALITY CONTROL BOARD FOR THE LOS ANGELES HARBOR TOXICS TOTAL MAXIUMUM DAILY LOADS. Mayor Lay introduced the items and asked for staff's comments. City Manager Cruz introduced Kathleen McGowan, the City's stormwater management consultant to review the stormwater management related items on the agenda. Ms. McGowan reviewed the City's comprehensive program to implement the requirements of the stormwater program permit that was adopted by the Regional Water Quality Control Board in December of 2012. She stated that over the last fiscal year the City has accomplished most of the goals set for implementing the program. She provided a summary of the program activities which included annual reporting, public information and participation; planning, land development and construction; and implementation of the total maximum daily load (TMDL) requirements. Ms. McGowan reviewed the joint activities that City participates in including the Coordinated Integrated Monitoring Program (CIMP) and the Harbor Toxics Total Maximum Maximum Load (TMDL) compliance monitoring and reporting plan. In response to Mayor Pro Tem Pieper, Ms. McGowan stated that the cost for their services for implementation of the program will go down once the implementation is complete. Mayor Lay commented that the cost for monitoring will likely increase. Planning Director Schwartz and Ms. McGowan agreed that the cost for monitoring will likely increase as new pollutants are identified. Discussion ensued concerning the cost sharing for the joint monitoring. Ms. McGowan presented the draft Coordinated Integrated Monitoring Program (CIMP) stating that is a joint effort between the Peninsula Cities and upon approval will be submitted to the Regional Water Quality Control Board by the City of Rancho Palos Verdes on behalf of the Cities on the Peninsula. Discussion ensued concerning the monitoring requirements with Ms. McGowan confirming that monitoring will be required to be done five times per year. Ms. McGowan then presented the Memorandum of Understanding for administration and cost sharing for the preparation and implementation of a Coordinated Compliance Monitoring and Reporting Plan as Minutes City Council Meeting 06/09/14 -5- required by the Regional Water Quality Control Board for the Los Angeles Harbor Toxics Total Maximum Daily Loads and Municipal Stormwater NPDES Permit for the City Council's consideration. In response to Councilmember Dieringer, Ms. McGowan stated that the City's annual cost for the Harbor Toxics MOU will not exceed $16,000 per year and could be less as other permitees sign on. Following discussion, Mayor Pro Tem Pieper moved that the City Council receive and file the report on the City's FY 13-14 stormwater management program activities as presented; approve submittal of the Peninsula Cities' Coordinated Integrated Monitoring Program (CR\4P); and approve the Memorandum of Understanding (MOU) for administration and cost sharing for the preparation and implementation of a Coordinated Compliance Monitoring and Reporting Plan as required by the Regional Water Quality Control Board for the Los Angeles Harbor Toxics Total Maximum Daily Loads and Municipal Stormwater NPDES Permit and authorize the Mayor to execute the MOU. Councilmember Dieringer seconded the motion, which carried without objection. CONSIDERATION OF AN AGREEMENT WITH ANIMAL PEST MANAGEMENT SERVICES, INC. FOR SUPPLEMENTAL COYOTE CONTROL SERVICES. Mayor Lay introduced the item and asked for staff's comments. City Manager Cruz stated that Los Angeles County ACWM has historically been the City's provider of coyote control services but given the limited resources available from the County and the increase in coyote activity in the City, staff was previously directed to identify an alternative supplier for coyote control services. He further reviewed the County's current protocol noting that the County hasn't provided any services since late March; and presented an alternative supplier, Animal Pest Management Services, Inc. and reviewed their qualifications. He further reviewed the proposed agreement with Animal Pest Management for supplemental coyote control services. Discussion ensued concerning how the supplemental services will be provided with the City Council specifically questioning how and where the trapping will be done and what results will be guaranteed. Councilmember Dieringer suggested that a generic authorization form with no expiration date be created. Following discussion staff was directed to contact Animal Pest Management to confirm how/where trapping will be done and report back to the City Council. Consideration of this item was continued to the June 23, 2014 meeting of the City Council. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS Mayor Lay suggested that the City Manager evaluation, which is on the Closed Session agenda, be deferred until all Councilmembers are present. Hearing no objection, he so ordered. MATTERS FROM STAFF City Manger Cruz provided an update on the Johns Canyon Road sewer extension project; the Eastfield Undergrounding Project and the recent burglaries. He also gave an update on the Block Captain Meeting and stated that the Block Captain's role will be expanded to include crime prevention in addition to emergency services. PUBLIC COMMENT ON CLOSED SESSION AGENDA None. CLOSED SESSION Public Employee Performance Evaluation Government Code Section 54957 Title: City Manager No closed session was held. RETURN TO OPEN SESSION None. Minutes City Council Meeting 06/09/14 SZ 1 1 1 1 ADJOURNMENT Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 9:29 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, June 23, 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 06/09/14 Respectfully submitted, Heidi Luce City Clerk -7-