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.
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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.
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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.
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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.
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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
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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
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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.
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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
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Respectfully submitted,
Heidi Luce
City Clerk
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