Loading...
03-09-15 MIlVUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS,CALIFOItNIA MONDAY,MARCH 9,2Q15 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Lay at 7:33 p.m. in tk�e City Cauncil Cha.mber at City Hall, 2 Porluguese Bend Road, Rolling Hills, Cali£arnia. Mayor Lay recognized and congratulated Council Me�nbers-Elec# Leah Mirsch and Patrick Wilson and thanked the candida.tes and staff for a well-nxn election. ROLL CALL Councilmember5 Present: Black,Dieringer,Hill,Mayor Pro Tem Pieper and Mayor Lay. Councilmembers Absent: None. Others Present: Raymond R. Cruz, City Manager. Michael Jenkins, City Attomey. Yolanta Schwartz,Planning Director. Heidi Luce, City Clerk. Stephen Garcia, Crown Cas�le. Franklin Orozco, Sprint. Dan Bolton, Bolton Engineering. Clint Patterson,President, Caballeros,22 Georgeff Road. Lisa Naslurid, Los Ange�es County Bia.ilding and Safety. Dan O'Callaghan, 12 Outrider Road. Rass Bolton,Bolton Engineering. Arun Bhumitra, 13 Buggy Whip Drive. Ann Bellis, 3 Quail Ridge Road South. Lew Currier, Director, IAF�,Los Angeles County Firefighters Local 1014 John Nunn, 1 Crest Road West. James Wald, 7 Quail Ridge Road South. Arvel Witte, 5 Quail Ridge Road South. Cathy Nichols, 14 Crest Road West. Spencer Karpf, 14 Caballeros Road. Marcia Schoettle, 24 Eastfield Drive. Michael Sherman, 33 Crest Road East. Tina Greenberg, 32 Portuguese Bend Road. Jim Aichele, 14 Crest Road West. Chief Thomas Ewald, Los Angeles County Fire Departr�ient. 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 cansidered urider Council Actions. A. Payment of Bills. RECONIlI�NDATION: Approve as presented. Councilmember Dieringer moved that the City Council approve the items on the consent calendar as presented. Councilmeinber Hill seconded the motion,which carried without objection. PRESENTATIONS: Wireless Telecommanication Facili�ies Crown Castde& Sprint Stephen Garcia from Crown Cast�e made a presentation providing an overview regarding a master plan for upgrade and change aut of Crown Castie wireless telecom�nunication facilities in an effort to provide better coverage in th� City. In responsE to Mayar Lay, it was clarified that this presentation is related to upgrading existing wireless facilities and any praposed new facilities would be subject to the City's Minutes City Council Meeting Q3/09/l5 -1- review process. Councilmember Dieringer suggested that Cxown Castle consider alternatives that would eliminate the need to add additional poles. Franklin Orozco from Sprint made a presentation providing an overview regarding an upgrade and change out of existing Sprint wireless telecommunication facilities in an effort to provide better coverage in the City. COMMISSIQN ITEMS None. PUBLIC HEARYNGS ZQNING CASE NO. 852, SUBDIVISION NO. 93. VESTING TENTATIVE PARCEL MAP NO. 72232, A REQUEST TO SUBDNIDE AN EXISTING LOT TOTALING 7.051 ACRES GROSS INTO 2 PARCELS AS FOLL�WS: PARCEL 1: 2.40 ACRES GR�SS, 1.96 ACRES NET; PARCEL 2: 4.64 ACRES GROSS, 3.71 ACRES NET. T'HE PROPERTY IS CURRENTLY VACANT AND IS ADDRESSED AS 80 SADDLEBACK ROAD (L�T 67-RH), IN 'THE RA-S-1 ZONE, RESIDENTIAL AGRICULTURAL-SUBURBAN 1-ACRE MINIMUM NET LOT AREA, TO BE IMPLEMENTED BY MR. 7ERRY TURPANJIAN. IT HAS BEEN DETERMINED THAT THE PROJECT WILL NOT HAVE A SIG1vIFICANT EFFECT ON THE ENVIRONMENT WITH APPLICABLE MITIGATION MEASURES .AND THEREFORE, A 1VIITIGATED NEGATIVE DECLARATION HAS BEEN PREP.ARED. Mayor Lay introduced the itern and asked for staffls comrnents. Planning Director Schwartz stated that this is a new public hearing and the City Council visited the site earlier in the day as a part of the public hearing. She reviewed the applicant's request for a subdi�ision at 80 Saddleback Road where the applicant is proposing to subdivide an existing over 7 acre �ot in the RAS-1 zone ��to twa lots resulting in Lot 1 at 1.94 acres and Lot 2 at 3.96 acres. She stated that the Planning Commission reviewed the applicant's req�xest and background infarmation including the soils and geolagy reports and �ound the proposed lots to be feasible for future development and recommends approval of tlie proposed subdivision. She stated that the Traffc Commission also reviewed the �'easibility of the proposed driveways aprons for access to the fixture lots and found it to be feasible for fuhue development. Planning Direetor Schwartz stated that staff prepared and cuculated an initial environmental study and the applicant was required to prepare a biological assessment study. She reviewed the results of the study and stated that when the project comes before the City for de�elapment, the applicant wiil be required to complete further environmental re�iew. She stated that the two proposed iots meet all the conditions in the City's subdi�ision ordinance and the Los Angeles County Fire Dept, and Califarnia Water Service Company have also re�iewed the application for future development. She stated that during its review, the Planning Commission found that this subdivision is not feasible for future subdivision due to the steepness o£the lot and the configuration af the roadway and recommends that applicant agree that there be no further subdi�ision of the lot. She stated that such a condition would be considered during approval of the Final Pazcel Map at which time the applicant would either sign a covenant agreernent or a condirion would be placed on the final map. Mayor Lay ca�led for public comment. Dan Bolton, Bolton Engineering addressed the City Council on behalf of the applicant stating that Mr. Turpanjian indicated tha� he has no abjection to agreeing to a condition that there be not future subdivision arid that he has no objectian to providing an equestrian traffic friendly driveway and shoulder access. CZint Pattexson, 22 Georgeff Road addressed the City Council on behalf of Caballeros and expressed appreciation for the accommadations that will be made to accammodate equestrian traffic. Following brief discussion, Councilmember Dieringer moved that the City Cauncil direct staff to prepare a Resol�tion granting approval af the applicant's request in Zoning Case No. 852, Subdivision No. 93, Vesting Tentative Parcel Map No. 72232 at 8U Saddleback Road with the standard findings of fact and conditions of approval, deleting refererice to what future City Council's can do and adding the following conditions: (i) a conditian be placed of the final parcel map that there be no further subdivision af the kot and that there be a covenant and {2) that the pravisions for the liridle trail be incorporated as described. Mayor Pro Tem Pieper seconded the motion,which carri�d withou�abjection. Minutes City Council Meeting 03/09/15 -2- ZONING CASE N0. 8b2, REQUEST FOR MODIFICATIONS TO A PREVIOUSLY APPROVED PR�7ECT CONSISTING OF A SITE PLAN REVIEW FOR ADDITIONAL GRADING, VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE ON THE LOT AND TO RECONSTRUCT SLOPES THAT WOULD BE STEEPER THAN THE PERMITTED AND FOR OTHER VARIOUS MODIFICATIONS TO THE RESIDENCE, GARAGE, DRIVEWAY AND PARKING AREA IN ZONIlVG CASE NO. 862 AT 40 EASTFIELD DRIVE (LOT 91-EF), ROLLING HILLS, CA {TONSICH). THE PROJECT HAS BEEN DETERA�fINED TO BE CATEGORICALLY EXEMPT PURSUANT T4 THE CAL�FORNTA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Lay introduced the item and asked for stafF's comments. Planning Director Schwartz stated that this is a public hearing continued from February 9, 2014 and reviewed the applicant's request for modifications to a previously appro�ed project where a new house was being constructed. She reviewed the concerns raised at the last meeting which included restoring the rear slope to the previously g�raded conditian at 1.5:1, where 2:1 slopes are the maximum allowed. She stated that the applicant is c�,urently proposing a 2:1 slope for a portion of the area with a wall ranging from 2-4 ft. in height with a steeper s�opes be�ow. She stated that concern was raised with regard ta th� laca#ion af the septic tank and the applicant has submitted report indicating that the currently proposed location is the best location for the seepage pits and septic tank based on perco2atians and the permit has already been obtained and reviewed by the Los Angeles County Heal#h Dept. She further stated with regard to the lawering of the driveway that �the applicant subrnitted an approved plan from the Los Angeles County Fire Dept. with the locat�on as cu�ently propased. With regard to the slape in the front of the house, she sated that a third party engineer will assess and certify the structures as well as #1ie gradiYg. She furthe�r explained the wine cellar. Councilmember Dieringer asked if the area 2:1 slopes in the rear of the properry co�ld be increased. Mayor Lay commented that he feels that adding a wall ta accomplish less steep slopes defeats the purpose and makes it more apparent. Iz�response to Mayor Lay, Ross Bolton stated that the wall ranges in height from 0 ft. to 4 ft. and fits the existing contvurs of the slope. Discussion ensued concerning the height of the wall as compat�ed ta what the scale on the plan actually showed. In response to Councilmember Black regarding the slope, Lisa Naslund stated that it could be possible ta lessen the steepness of the slope if the septic tank were not in this location. Councilmember Black further commented that he is not as concerned about the disturbed area but would like the best final product. Mayor Pro Tem Pieper commented that he daes not feel this proposal accomplished the objective. Discussion ensued concerning other options to address the concern regarding the steepness af the sIope. Mayor Pro Tem Pieper suggested that the portion of the applicant's request relating to the grading of the slope in the rear of the property be separated out and considered separately. In response to Mayor Lay, City Attarney Jenkins stated that the City Council can take finai action on a portion af the applicant's request and continue the public hearing or�the grading issue. Cauncilmember Dieringer expressed concern regarding the stairs on the side of the electrica.l roam and suggested that by placing a door on the side of �he electricai room, the stairs could be eliminated. Discussion ensued concerning the light wells and access ta the basernent. Mayor Lay called for public comrnent. Dan O'Callaghan, 12 Outrider Road addressed the City Council to express concern regarding the project. He stated that he does not feel it is ir� character with Rolling Hi11s and suggested that an impact study be done. Pianning Director Schwartz sta.ted that a �etter was also received from Mrs. O'Callaghan expressing the concern regarding the project. Councilmember�3ieringer expressed further concern regarding the stauway from the electrical room and that there is potential that the dead space in that area can be turned into iiving space. Following brief discussion, Mayor Pro Tem Pieper moved that the City Council direct staff to prepare a Resolution granting approval of the applicant's reqnest in Zoning Case No. 862 at 40 Eastfield Drive wi�h the exception of the grading of the slape in the rear of the property and the staircase from the basement with the standard fiu�dings of fact and canditions of approval plus a co:ndition that fhe dead space in the basement may not be used as living space. Councilmember Dieringer seconded the rnot�on, which carried with Councilmember Hill opposed. Minutes City Council Meeting 03/09/15 -3- �PEN AGENDA-APPROXIMATELY 8:00 P.M. -PUBLIC COMMENT WELCOME None. Mayor Lay stated that if there is no objection, the OId Business item pertaining to the LA-RICS pole will be taken out of order. Hearing none,he so ardered. QLD BUSINESS CONSIDERATION OF RESOLUTION NO. 1170 — A RES�LUTION OF THE CITY COUNGIL, OF TI� CITY OF R�LLING HILLS OPPOSING INSTALLATION OF A MONOPOLE AND RADIO CONIMUNTCATION EQiJ�PMENT BY LA-RICS AT LOS ANGELES C�UNTY FIRE STAT'ION SG IN THE CITY OF ROLLING HILLS. Mayor Lay introduced the item and asked far staff's comments. City M�.nager Cnsz provided an overview of the LA-RICS proposal to install a monopole and radio communication equipment at Fire Station 56 to replace the existing pole. He stated that although the proposed pr�ject enjoys the benefits of CEQA exernption and preemption from local Iand use regula�ions, staff arranged for LA-RICS official to make a presenta.tion concerning the project at the February 23, 2015 City Council meeting at which time strong opposition to the pmject was expressed by residents specifically relating to the need for the site in Rolling Hills,the eyesore it would create, interference with views and its health effects. City Manager Cruz stated that at the last meeting several questions were raised with regard to the projec# and the LA-RICS respc�nses to some of those question are attached to the staff'regort. He further stated that at the las# meeting, after lengthy public testimony the City Council directed staff to prepare a Resolution in opposition to any manopole to be located in the City and that Resolution is presented for consideratior�. Mayor Lay called for public camment and asked the speakers to keep their comments to new items that weren't pre�iously stated. City Manager Cruz stated for the record tl�at the letters received after the agencia pack�t was prepared have been placed on�he dais. Mayor Lay reviewed the letters from Gordona Ss�ansan, the Assistant Fire Chief,the Rolling Hills Community Association and the Fire Fighters LTnion. Arun Bhumitra, 13 Buggy Whip Drive addressed the City Council stating that resider�ts are not opposed to impro�ed emergency communications but would like an altema#e solution that doesn't affec# fire fighters heal�h and safety. He suggested that the pale be located at San Psdro I�ill instead of Fire Station 56. He further commented on the cost and ae,sthetics of the pole and expressed concern regarding its affect on property valu�s. He furtlier sugges�ed that the project be delayed for further consideration. Ann Bellis, 3 Quail Ridge Road South addressed the City Council stating that her family is opposed to the project and asked far copies of the reports from the core samples taken at the site. She further expressed concern regarding a break in the water pipe between the Fire Station and their property and its affect on the stability of the slope as well as the affect of the asbestos lined concrete water pipes. Lew Currier, Director, TAF�', Los Angeles County Firefighters Lacal 1014 addressed the City Cauncil on behalf of the union members stating that their opposition to the tower is for the health and safety of the fire fighters arid the citizens they serve. He asked the City Council to adopt the resolution as pres�nted. John Nunn, 1 Crest Road West addressed tl�e City Council stating that he feels little analysis of site necessity was done and they are proposing Fire Station 56 because they have � exemption. He stated that he does not feel Fire Sta.tion 56 is the ideal location and suggested the pole be placed at 5an Pedro Hill instead. James Wald, 7 Quail Ridge Road South addressed the City Council stating that he £eels this pole is not necessary and there are ather ways to communicate. He further expressed concern regarding the affect the pole will have on property value� as we11 as the health and safety affects and suggested that LA- RICS pursue other altematives. Minutes City Councii Meeting 03109I1 S -4- Arve1 Witte, 5 Quail Ridge Road Sauth addressed the City Council expressing the concem regarding the process and suggested that the City should have an opportunity to review the proposal and stated that the City Council should vote against the pole. Cathy Nichols, 14 Crest Road West addressed the City Council in opposition to the tower. City Clerk Luce stated that a ietter from Roger Hawkins in opposition to the pole was received just before the meating and copies were place on the dais. Councilmember Dieringer expressed concern that LA-RICS did not provide enough information in tlxe R soils and geology reports to support construction in a Iandslide zone. She also expressed concern that the City did no� recei�e the coverage study as requested and that there are constitutionality issues surrounding the project. Mayor Pro Tem Pieper cornrnented that he disagrees with the process that was used in getting the project to this point, but shauld the project move forward, the City should seek to minimize the project's impacts on residents and fire fighters. Councilmember Black suggested that the language in Section 5 of the Resolution be amended to eliminate portion af the sentence after LA-RICS that currently states "lacking a collaborative pracess by which concerns of the City's residents are thoughtfully addressed." He further expressed cancern regarding the anicrowave emissions relative ta the elevation of the homes. Following brief discussion, Counci�rnember B1ack moved that the City Councii adopt Resolution No. 1170 opposing the installation of monopole and radio communicatian equipment by LA-RICS at Fire Station 56 as amended ta delete the portion of the sentence after LA-RICS in Section 5. Councilmember Dieringer seconded the motion, which carried with Mayor Pro Tem Pieper and Mayor Lay opposed. PUBLIC HEARINGS (CON'TINUED) WATVE �'ULL READING AND INTRODUCE ON FIRST READING ORDINANCE NO. 340 — AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING CHAPTER 8.34 TO TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE DECLARING DEAD TREES AS A � PUBLIC NUISANCE. Mayor Lay introduced the item and asked for staff's comments. He sta.ted that the City has, in the past, use the Nuisance Ordinance to have dead txees tl�at pose a fire risk removed and this item is being proposed to make it more defined that the Nuisance Ordinance can be used ta have dead trees tha�pose fire risk removed. City Manager Cruz stated that the proposed ordinance wi11 provide increased flexibility to respond to dead trees in community whxch present a threat to public safety and diminish the community's aesthetics. Spencer Karpf, 1�4 Caballeros Raad addressed the City Council to ask for clarification on the process for adopting the ordinance. Mayor L,ay stated that ordinances require two readings but rather than reading the entire ordinance it can be read by title only and waive full reading. Marcia Schoettle, 24 Eastfield Drive addressed the City Gouncil stating that she feels the ordinance will allow people to use the ardinance to have trees cut to address view issues. She further stated that she feels the City should have a process to preserve txees. Michael Sherman, 33 Crest Road East addressed the City Council stating that he agrees with Mrs. Scho�ttle that the ordinance could be used to address view issues. He suggested that there be more clarification as to the evidence required to deter�nine if a tree is dead and that an arborist should be consulted. Spencer Karpf, 14 Caballeros Road addressed the City Council stating that he is in favor of any ordinance or policy that rednces fire fuel but he feels this ordinance is poorly drafted. Cathy Nichols, 14 Crest Road West addressed #he City Council suggesting that the City Council not adopt this ordinance. She stated that she feels the ordinance will lead to the clear cutting of canyons including shrubs which could cause mudslides in the canyons. She sta.ted that she atso feels that the existing ordinanc�works fine for address�ing dead trees. John Nunn, 1 Crest Road West addressed the City Council sta.ting that he does not�eel this ordinance is necessary. Minutes City Couneil Meeting 03/09/15 -S- _ Tina Greenberg, 32 Portuguese Bend Road addressed the City Council stating that she does not feel this ardinance is necessary but if it should move foz�ward, a provision should be adc�ed that an arborist or committee be consulted to review the trees and prove they are dead. Ann Bellis, 3 Quaii Ridge Road Sauth addressed the City Council stating that she feels trees are something the City needs to protect. Jam�s Wald, 7 Quail Ridge Road South addressed the City Council stating the he feels if there is litigation or potential litigation pertaining to a dead tree that there be an exemptions for those trees for evidentiary purposes. Jim Aichele, 14 Crest Road West addressed the City Council stating that he feels the ordinance is pooriy worded and he questions how the ordinance will be used. Mayor Lay cammented that the proposed ordinance is only int�nded to affect dead trees and if there needs to be consultation with an expert to make that detertnination he is not opposed to such consulta.tifln. City Attorney 3enkins clarified that the language it� the ordinance provides for consultation with an expert and protects indiscriminate remaval where it specifically states: "Any dead tree or any dead ar damaged portion af a tree or vegetation which the City Manager or his designee reasonably determines poses a threat to life or property on the premises on which it is located, adjacent property or easements, or is hazardous to power lines, light poles or utility appurtenances, is hereby declared to be a public nuisance." He briefly reviewed �the process whereby this 4rdnance could be applied and stated that the xesident will have an oppartunity to respond if he or she does not believe tree is dead or poses a threat to life or property. In response to Councilmember Black, Chief Thomas Ewald, Los Angeles Ca�inty Fire Department addressed the City Council stating that #he Fire Department has the ability to enforce brush aba#ement requirements up #0 2a0 ft. from a structure. He fi�rther stated that beyand �hat 200 ft. there may be diminishing returns and greater impact on habita# and soil stability. He suggested that public safety issues should be kept separate from view issues. Cour�cilmember Dieringer expressed concern that the proposed ordinance could result in clear cutting and rnud slides and stated that see feels that the State fire codes control in these types af situations. She further expressed concerri that the ordinance defines dead trees to include dead shrubs, and trees and shrubs containing dead or fallen limbs ar branches. Discussion ensued concerning the proposed ordinance and the process that would be used to apply the Nuisance Ordinance to dead trees. City Attorney Jenkins clarified that the language Councilmember Dieringer referred to is from the findings and the findings simply makes a finding that dead trees and vegetation can cause f�re hazards and supports the City Council's action in adopting the Ordinance. He stated that the only language that will be codified in the City's Municipal Code is the Ianguage that states. "Any dead tree or any dead or damaged partioz� of a tree or vegetation which the City Manager or his designee r�asonably determines poses a threat ta life or property on the premises on which it is located, adjacent property or easements, or is hazardous ta power lines, light poles or utility appurtenances, is hereby declared to be a public nuisance." Mr. Karpf suggested that the word vegetation be removed and vegetation issues be addressed in a separate fire fuels ordinance. Following further discussion, Mayor Pro Tem Pieper moved that the City Council introduce Ordinance No. 340 for first reading, waive full reading and schedule the second reading and consideration of adoption for the March 23, 2015 City Council meeting. Councilmernber Black seconded the motion, which carried with Cou�ciltnembers Dieri�nger and Hill opposed. To help provide proper context for the Ordinance, staff was directed to include the Nuisance Abatement Chapter of the Municipal Code with the next staff repart. NEW BUSIlV�SS CONSIDERATION OF THE FISCAL YEAR 2014-2015 MTD-YEAR REV3EW AND APPROVAL OF FISCAL YEAR 2Q14-2015 BUDGET ADJUSTMENTS. Mayor Lay introduced the item and asked far staf�s comments. City Manager Cruz presented the mid year budget review and proposed budget adjustments. Follawing brief discussion, Councilmember Hill moved that t1�e City Council receive and file the FY 2014-15 mid-year budget review and approve FY 2014-15 Budget Adjushnent #1. Councilmember Dieringer seconded the motion, which carried without obj ection. Minutes City Council Meeting 03/09/15 -$- MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDAN�E REPORTS UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETTNG (ORAL). Councilmember Dieringer reported that at the last mee�ing of the Palos Verdes Peninsula Regional Law Enforcement Committee, Councilmember Hill was recognized for his service to the Committee. �THER MATTERS FROM COUNCILMEMBERS Councilzneznber Black suggested that the City review the City's rules with regard to what constitutes a remodel versus a new home. Mayor Lay suggested that Councilmember Black bring the matter up once th�new City Council is installed. Following a suggestion by Councilmember Dieringer that the City Council direct staff to work with a cansultant ta review the coverage study for the LA-RiCS propased mono-pole, Councilmember Black rnoved that the City Council direct staff to obtain a price quote for,such a study and report back to the City Council at the April 13, 2015 meeting. Councilmember Dieringer seconded the motion which carried without objection. MATTERS FROM STAFF C4NSIDERATIQN OF DISCONTINUED USE OF INFORMAL PROFESSIONAL SERVICE PROVIDER DIRECTORY LIST. Consideration of this item was continued ta the April 13, 2015 meeting. PUBLIC CONIlVIENT ON CLOSED SESSION AGENDA None. `� CL�SED SE5SION None. RETURN TO OPEN SESSION None. ADJOURNME�T'T Hearing no £urther business before the City Council, Mayor Lay adjourned th� meeting at 11:35 p.m, in memory of long tirrie residerit Thornas R. Boyd. The next regular meee�ing of the City Council is scheduled to be held on Monday,March 23, 2015 beginning at 7:30 p.�n. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling HilIs, Ca�ifornia. Respectfiilly subrnitted, " � .�� �� , � ��R�; Heidi Luce City Clerk Approved, v 7ef ieper Mayor Minutes Gity Council Meeting 03/09/15 -"]-