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08-24-15 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CIT�OF ROLLING HILLS, CALIFORNIA MONDAY,AUGUST 24,2015 CALL TO ORDER A reguiar mee�ing of the City Cauncil af the City of Rolling Hills was called to order by Mayor Pieper at 7:31 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road,Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Dieringer, Mirsch, Wilson and Mayor Pieper. Councilmembers Absent: None. Others Present: Raymond R. Cruz, City Manager. Mike Jenkins, City Attorney. Yolanta.Schwartz,Planning Director. Terry Shea,Finance Director. Ewa Nikodem,Administrative Assistant. Lisa Naslund, Los Angeles County Building and Safety. Jim Hynes, 23 Crest Road East. Doug Morris,Doug Morris Construction. Carmen Schaye, 58 Portuguese Bend Road. Charlie Raine,2 Pinto Road. CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request r�moval of any item from the Consent Calendar causing it to be considered under Council Actions. A. Minutes -Regular Meeting of August �0,2015. RECONIlVIENDATION: Approve as prese�ted. B. Payment of Bills. RECOMIVV�NDATION: Approve as presented. C. Allied Recycling Tonnage Report for July,2015. . RECOMMENDA'I'ION: Receive�nd file. Mayor Pro Tem Dieringer asked #hat item 3-A be removed from the consent calendar for individual consideration. Hearing no abjection, Mayor Pieper so ordered. Mayor Pra Tem Dieringer noted one correction to the minufes ta more accurately summarize her comments on circle page 6. Fo�lowing brief discussion, Mayor Pro Tem Dieringer moved that the City Council approve the minutes as amended and the remaining items on the consent calendar as presented. Councilmember Mirsch seconded the motion, which carried without objection. Circde Page 6 — replace the word "eliminate" with "lirnit" and �he word "developer" with "wireless carrier" so the sentence would read as follow " ... AB 57 would limit local control and put the wireless carrier in control." Recagnizing that Finance Directar Shea was pz�esent,Mayox P�epex asked to take Agenda Item 10-A ou#of order. Hearing no objection he so ordexed. MATTERS FROM STAFF QUARTERLY SCHEDULE OF iNVESTMENTS REP4RT k'�R THE QUARTER ENDING JLJNE 30, 2015. Mayor Pieper in�oduced the item an asked �or staf�s comments. Finance Director Shea presented the investmen#report for the quarter ending June 30, 2015. He reported that active deposits went down a little because of a payment to Republic Services and stated that �pus Bank confirmed that they wiil reverse their monthly charges. He reviewed the total investments and current interest rates and stated that the total -1- cash is $6,071,614. COMMISS�ON ITEMS None. PUBLIC HEARINGS CONTINUED PUBLIC HEARING IN ZONING CASE NO. 862: FURTHER CONSIDERATI�N OF A REQUEST FOR SITE PLAN REVTEW FOR ADDITIONAL GRADING AND MODIFICATION TO BASEMENT ACCESS AND A VARIANCE TO RECONSTRUCT TI� REAR SLOPES THAT WOULD BE STEEPER THAN THE MAXIMUM PERMITTED SLOPES ("DEFERRED ITEMS") !N ZONING CASE NO. 862 AT 40 EASTFIELD DRIVE (LOT 91-EF}, ROLLING HII..LS, CA (TONSICH). THE PROJECT IS CAT'EGORICALLY EXEMI'T FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Pieper introduced the item and asked fo� staf�s comments. Planning Director Schwartz sta#ed that the City Council �isited the site earlier i:n the day to view a mock-up of the proposed slopes at the rear of the residence that can be seen from Outrider Road. 5he reviewed the applicant's request in Zoning Case Na. 862 at 40 Eastfield Drive stating that this case was taken under jurisdiction by the City Council at the 7anuary 12, 20�5 meeting and that on March 23, 2Q 15 the City Council adopted Resolution No. 1172 granting various madi�cations ta the project. At that time, the City Council did not approve the applicant's request for a staircase leading from the upper level around the comer of the house into the eiectrica� room and light well and to re-grade the rear portion of the lat between the residence and Outrider Road. The City Counci� postponed consideratian of those two items to allow applicant to revise the request or to prave tha� the grade was steeper than 2:1. She reported that currently, the applicant requests approval of the 4 feet wide staircase to the electrical room in the same configuration as in the pre�vious proposal tog�ther with a 2 feet high keystone wall along the rear of the residence and parking pad. She sta.ted that the applicant proposes to retain the flat area at the bottam af the property. The part of the slope between the wal�and the basement varies fram i.7:1 to 2:1 and the remainder of the slope below the keystone wall wau�d be 1.5:1, except that the slope along the pathway that accesses the septic tank area would be 2:1. She indicated that at the August 10, 2015 City Council meeting the applicant submitted some historical data with regard to the original condition of the slope. She furtiier reviewed a previously appro�ed plan,which shaws that the slopes were originally greater than 2:I. She also reviewed the March 3, 2015 Coast Geotechnical geologist's report and concluded that the locations for the seepage pit and the septic tank were selected based on that report. In response to Councilmember Black, Planning Director Schwarkz explained that the total lot coverage, including structure and flatwork, will be 29% and structural 1ot coverage will be 19.97%. She mentioned that per the Rolling Hills M�xnicipal Code, the maximum permitted total lot coverage is 35% and structural lot coverage is 20%, so if the project is to be approved, the coverage will be within the Code. She also stated that the guideline for building pad caverage, which includes the flat portion of the lot including the driveway, is 30%. Planning Director Schwartz stated that Lisa Naslund, the Los Angeles County Building and Safety Official and Doug Morris,the applicant's contractor, are present to answer any questions. Following brief discussion concerning the location of the septic tank, the leaning fence in the rear of the property and the steepness of the slope, Mayor Pieper opened the public hearing and ca.11ed for public comrnent. Hearing none,he closed the public hearing. Discussion ensued cancerning the s�ope and the flat area. Mayor Pro Tern Dieringer expressed concern regarding #he �ocation of the septic tank and asked if it could be located elsewhere so that tl�e slopes can be reconstructed at 2:1. Further discussion ensued concerning the alternate locations for the septic tank, the integrity of the slope and the changes that were made to the building pad when the size of the house was increased. Councilmembers expressed concern that the project, as currently proposed, does not look good from Outrider Road; however having a portion o£the area for the stable set aside in a sloped area is not idea� for someone who would like to have an equestrian facility. Following lengthy discussion concerning the location of the septic tank, the seepage pits, the proposed location for the stable and the play area as well as landscaping and reconstructing the slope, the City Council concluded that this project would need to be resolved in such a way sa it is beneficial to the applicant,to his neighbars and to the City. Minutes City Councii Meeting 08-24-15 -2- Further discussion ensued concerning landscaping bond, the terms of tl�e bond and landscaping opt�ons to screen the rear of the property. Following lengthy discussion Mayor Pieper called far a motion. Mayor Pro Te�n Dieringe�moved that the City Council continue the public hearing and request the applicant to pravide evidence of stability of the slope. The motion died for lack of a second. Follawing further discussion, Councilmember Wilson moved that the City Council direct staff ta prepare a Resolution granting approval of the applicant's request in Zoning Case No. 862 at 40 Eastfield Drive with the standard findings of fact and conditions of approval contingent on applicant submitting a detailed landscaping plan, start�ng with large trees from the start and that a condition be placed on the approval requiring a deposit of a landscaping bond to be held by the City for up to five-years in the amount of the landscaping work, {labor, material and 'urigation}, plus 15% of the cost, to be refunded only i� it is determined that the landscaping is in goad conditions and meets the intent of tlie Resoludon. The landscaping plan must address screening of the entire site at all times; and specifical�y the rear slope, the retaining wall, the baseinent walls and the stairs to the basement from Outrider Road and from the neighbors to the north-west. In addition, the landscaping plan must provide for replacement of trees and vegetation shoi�ld the elcisting trees die; list the type of planting and show their placement in a manner that they would not grow into a hedge �ike screen or into neighbors' views of the harbor and other scenic vistas. Councilmember Mirsch seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Mirsch, Wiison and Mayor Pieper. NOES: Councilmember Black and Mayor Pro Tem Dieringer. ABSENT: None. ABSTAIN: None. ZONING CASE NO. 869, SUBDIVISION NO. 94, VESTING TENTATIVE PARCEL MAP NO. 72775 — A REQUEST TQ SUBDNIDE AN EXISTING LOT TOTALING 7.Q5 ACRES GROSS INTO 2 PARCELS OF LAND AS FOLLOWS: PARCEL 1: 3.70 GROSS ACRES, 3.0 NET ACRES; PARCEL 2: 3.34 GROSS ACRES, 2.67 NET ACRES. THE PROPERTY IS CURRENTLY VACANT AND IS KNOWN AS 23 CREST ROAD EAST, (LOT 32-A-MS), PARCEL NO.: 7567-011-020 IN TI� RA-S-2 ZONE, RESIDENTIAL AGRICULTURAL SUBURBAN 2-ACRE MINIMUM NET LOT AREA, TO BE IMPLEMENTED BY MR. JIM HYNES. Mayor Pieper introduced the item and asked for staff's comments. Planning Directar Schwartz indicated that the applicant is requesting to subdi�ide an existuig 1ot laiown as 23 Crest Road East, located on the south side of Crest Road East, between Georgeff Road and Caballeros Road into 2 parcels. Parcel 1 is proposed to be 3.70 acres and Parcel2 is proposed to be 3.34 acres. She stated tha# the lot is vacant and was nat previously developed and that no plans were submitted £ox development, other than for feasibility of future construction. She stated that staff has prepared ari Initial Study evalua.t�.ng patential environmental impacts and concluded that with mitigation measures the proposed subdivisian wi�l not have a significant effect on the environment. Accordingly, a Mitigated Negative Declaration has been prepared. Sh� reported that a Geatechnical and Geological Investigation Study, including preliminary percolation was prepared for the purpose of evaluating the subsurface condition at the site and to provide geotechnical and geological recommendations for the proposed future construction of twa single famiiy hames. She stated that the reports were reviewed by Willdan Engineering and they confirmed that the lot is feasib�e for subdivision provided that the recommendations and design guidelines specified in tl�e reports are implemented during constiuction. She also mentioned t�iat pursuant to the California Environmental Quality Act (CEQA) staff mailed the Initia] Study to local Cities and State agencies for their comments and as a result received some conditions to pratect the natural drainage course ax�d the blue line stream from any debris and storm water runoff and other conditions that will be included in the City Council Resolution upon approval of the project. Planning Director Schwartz further reported that new driveways will be constructed for each of the �wo new lots from Crest Road East and the proposed driveways were reviewed a�d recornmended for approval by the Traffic Commission at their January 22, 2015 meeting. She also stated that the Planning Commission held several public hearings in this case, held a field trip visit to the property and at their meeting an May 19, 2015 approved Resolution No. 2015-11 recommending approval of a Vesting Tentative Parcel Map No, 72775 Subdivisian No. 94, a request to subdivide the vacant lot into two single family r�sidential lots pending satisfactory proposal and explanation of the post-development drainage system. She also stated that Willdan Engineering has reviewed the Iot for feasibility with standards in areas inc�uding streets, soils, geology, fire pre�ention, septic tank review, water availability, drainage and grading and that they recommended approval of the Minutes City Council Meeting 08-24-15 -3- project, as the subdivision mcets the criteria and requirements for a lot split. She mentioned that addition�.l soils, geology, seepage pit studies will be required prior to approvai of a development on either of the lots. She indicated that the applicant's engineer prepared a plan for controlling runoff water, which was reviewed by Willdan Engineering and approved in concept. She mentioned that while Planning Carnmission considered this case, that several neighbors questioned the feasibility of the runoff system and expressed concern that the system will deposit past development runoff to an akeady overburdened Little Klondike Canyon. Based on the neighbor's comments, the applicant revised their draina.ge plan to allow retention of the runoff in underground storage cisterns to be located underneath the driveway on each lat. The cisterns will collect r�anoff from the driveway, roof downspouts and the general upper pad area. The runaff will first pass through a pre-treatment system and then enter into the storage cisterns. An overflow system would be installed to address times when the volume exceeds fhe capacity in the cisterns, such as a pump, which would release th� excess volume possibly for irrigation. She stated that the City recei�ed several letters fram neighboring property owners recommending denial of the subdivision and that the letters are included in the staff report. She further stated that the proposed subdivision is subject to separa�e review and approval by the Rolling Hills Community Associarion. In response to Mayor Pro Tem Dieringer as to why the Klondike Canyan Geologic Hazard Assessment District (GHAD}was not among the reviewing agencies in this project, Planning Director Schwartz stated that all local and state agencies that are required to be notified in this project were nonfied and that each agency respanded back. She indicated that the City was not aware of the Klondike Canyon GHAD but that she will look into it and contact the City of Rancho Palos Verdes as the Klondike Canyon GHAD is in their jurisdiction. Brief discussion ensued about a 25-year versus 50�year rain storm and haw it is measured. Jim Hynes, applicant explained that the rain storm is based on statistical rnodeling for rainfall. Mayor Pieper opened the public hearing and called for public comment. Charlie Ra�ine, 4 Pinto Road addressed the City Councii stating that once the lots are developed, the residents of the Flying Triangle and areas above will be affected by the additianal runoff down Little Klondike Canyan. He stated that there are a number af issues for downhill residents that are a cause for concern as in the past heavy rains have maxed out the capaci�y o£the pipes under a shared driveway on Portuguese Bend Road and at the cu�-de-sac on Pinto Road. 5hould it happen again there could be a significant consequence for the properties down below fram the subject lot. He asked that a condition be placed on the subdivision approval that any subsequent improvements of the lots will contribute zero added surface flow down Little Klondike Canyon based on 50-year starm. Carmen Schaye, 58 Poriuguese Bend Road addressed the City Council to express concern that the future development of the lots will cause additional stress on the slope and cause damage to the existing properties down below. She asked that if the project is approved, the existing hoznes located below tlie vacant lot be protected against potential land movement. Following discussion pertaining to starm water runoff and more stringent retention of water on the proposed lots tl�e applicant was directed to provide additional information about the storm water runoff system and to explain the difference between the 25, 50 and 100-year rain storm statistics in relation to this project. Also the City Cauncil asked that the applicant's engineer be present at the next City Council meeting to answer questions about tl�e proposed storm water retention system. Follawing brief discussion and public commen#, the City Counci� continued the public hearing and scheduled a field trip to the site to gain further understanding of the applicant's request. The field tnip was scheduled for Manday, September 14, 2015 beginning at 6:30 p.m. at 23 Crest Road East. The City Council also agreed to visit the properties below the subj�ct site. OLD BUSINESS None. NEW BUSINESS None. Minutes City Council Meeting 08-24-15 -4- OPEN AGENDA-APPROXIMATELY 8:U0 P.M. -PUBLIC COMMENT WELC�ME None. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS UPDATE ON THE PALOS VERDES PENIlVSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETING(ORAL). Mayor Pxo Tern Dieringez�provided an update on the discussion from the August 13, 2415 meeting of the Palos Verdes Peninsula Regional Law En£orcement Committee meeting. She x�eported that burglaries, security cameras and policing strategies were discussed. She indicated that identity thefts continue to be reported and mentioned that at the meeting it was stated that merchants are not allowed to ask for identif cation while customer is using a credit card to pay for purchases. She fiirtl�er stated that paper license plates are illegal and residents should be infarmed that vehicles with paper license plates should be reported to the SherifPs Dept. She a�so mentioned that McCormick Ambulance is worl�ng on improving their response time. MATTERS FROM STAFF CONSIDERATION �F THE DRAFT PUBLIC INFORMATION DOCUMENT "WII.DFIRE PREVENTION AND FIItE FUEL REDUCTION RESOURCES"FOR APPROVAL. Mayor Pieper intraduced the item and asked for staff's comments. City Manager Cruz presented the staff report indicating that the City Council Ad Hoc Fire Fuel Reduction Committee at their July 1, 2015 meeting recommended that that the City Council send a direct mailer to evezy Rolling Hills household requesting that residents remove the wild tall grasses from their properties. Following brief discussion, Mayor Pieper suggested that the last paragraph be revised ta include "dead vegetation and dead trees" sa that the sentence would read as Follows: "The present drought condition rn the State of Calaforraia had corrapounded the problem, so make wild tall dry grass, dead vegetation and dead trees removad a priot�ity on your propertyl". �t was also suggested that the article be published in the Rolling Hills Living Magazine, be available on the City website and be mentioned in the citywide Newsletter. Following further discussion, Councilmember Mirsch moved that the City Council dir�ct sta.�f to proceed with producing of the informational flyer as amended and advertise it in the citywide Newsletter, post the flyer on the City website, include in the October 2015 Rolling Hills Living Magazine and also mail to all residents. Councilmember Black seconded the motion,which carried withaut objection. STATLTS REPORT CONCERNING THE RESIDENTIAL BURGLARIES. Mayor Pieper introduced the item and asked far s#af�s comments. City Mana.ger Cruz presented the s�taff report stating that since December 2013 the City of Rolling Hills has ha.d seven�een burglaries. He stated that ma�ority of the incidents were in th�; vicinity of Southfield Drive. He co�firmed that the City has purchased 5 security cameras and another surveillance tool that the Sherii�s detectives now have in their possession to assist with their investigatian. He mentioned tha� residents farmed the "Southfield Task Force" to address the burglaries and they are currently working on implementing a three-month pilot program to have a private security services to patrol the neighborhood. Counciimember Mirsch stated that she noticed increased presence of the Sherif�s Depu�ies in marked vehicles in the City. She suggested that an article be placed in the citywide newsletter to let residents knaw that Lomita Sherif�s Department is accepting donations of used ATVs. The ATVs wi11 be driven by t1�e Sheriffs Deputies to patrol the trails. City Manager Cruz was asked to contact the Sheriffls Dept. and find out what ATVs can be used on the trails and how residents can donate the ATVs to the Sheriff's Department. Mayor Pieper stated that it may be helpful to ask the Sheriff s Dept. to reassign the Traffic Deputy from the stop si� on Portuguese Bend Road at lower Saddleback Raad/Middleridge Lane to the stap sign on Crest Road East at Southfield Drive. Minutes City Cout�cil Meetrng 08-24-15 -5- REPORT REGARDING REPEAT DEVELOPMENT APPLICATIONS AFTER DENIAL. Mayor Pieper introduced the item an asked for staf�s comments. P�anning Director Schwartz presented the staff report and reviewed the current provision in the Zonirig Code pertaining to reapplication for a discretionary permit after the previous application was denied. She indicated that it is very rare that a praject is denied in the City and she reviewed the project application process. She stated that staff is available to meet with the applicants or their agEnts and advise them of the requirements so that the application meets the requixements of the City's Code. In response to Mayor Pro Tem Dieringer whether other cities follow the same procedures, Planning Director Schwartz confirmed that she queried the staff at the three other cities on the Peninsula about their requirernents for reapplication and that each of the three cities responded�hat they have the same requirernents as ours. Following brief discussion, Counciimember Black moved that the City Council receive and file the report as presented. Councilmember Mirsch seconded the motion,which carnied by the following roll cal�vote: AYES: Councilmernbers Black,Mirsch, Wilson and Mayor Pieper. NOES: Mayor Pro Tem Dieringer. ABSENT: None. ABSTAIN: None. PUBLIC COMMENT �N CLOSED SESSION ITEMS None. CLOSED SESSI�N None. RETURN TO OPEN SESSION Nane. ADJOURNMENT Hearing no further business before the City Council, Mayor Pieper adjourned the meeting at lO:Od p.m. An adjourned regular meeting of the City Council is scheduled to be held on Monday, Septeznber 14, 2015 beginning at 6:3Q p.m. for the purpose of conducting a field trip to 23 Crest Road East. The next regular meetang of the City Counczl zs scheduled to be he�d on Monday, September 14, 2415 beginning at 7:30 p.m, in the City Council Chamber at City Hall, 2 Portuguese Bend Road,Rolling Hills, Califorriia. Respectfully submitted, � 1��� Ewa Nikodem Administrative Assistant Approved, Jeff eper yor Minutes City Council Meeting 08-24-15 -6-