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10-26-15 MINUTES OF A REGU�.AR MEETING OR THE CITY COUNCIL OF THE CTTY OF ROLLING HILLS,CALIFORNIA MONDAY,OCTOBER 26,2015 CALL'i'O QRDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pieper at 730 p.m,in the City Cauncil Chamber at City Hall,2 Portuguese Bend Road,Rolling Hills,California. ROLL CALL CounciImembers Present: Black,Dieringer,Mirsch,Wilson and Mayor Pieper. Councilmembers Absent: None. Others Present: Raymanc3 R.Cruz,City Manager. Mike Jenkins,City Attorney. Yolanta Schwartz,Planning Director. Tenry Shea,Finance Director. Heidi Luce,City Clerk. Gary Wynn,Wynn Engineerimg. William Hassoldt, i0 Pine Tree Lane. 5ean Bennett,2 Williamsburg Lane. Manny Hernandez,Pacific Coast Landscape and Desigzi,Inc. CONSENT CALENDAR Matters which may be acted upon hy the City Council in a single motion. Any Councilmember cnay request removal of any item from ttae Consent Calendar causing it to be considered under Council Actions. A. Minutes-Regular Meeting of October 12,2015. R�COMMENDATION: Approve as presented. B. Payment of Bi12s. RECOMII'IENDATION: Approve as presented. C. Allied Recycling Tonnage Report for Aagust az�.d September,2015. RECOMIVIENDATION: Receive and file. D. City Council Personnel Cornmittee meeting notes of October 12,2015. RECOMMENDATION: Receive and fle. Following brief diseussion canceming ata item on the payrne�t of bills,Coancilmember Black moved that the City Council approve the items on the consent calendar as presented. Mayor Pro Tem Dieringer seconded tha mo�ion,which carried without objection. COMMISSION ITEMS None, PUBLIC HEARINGS CONTTNUED PUBLIC HEARING IN ZONING CASE NO. 88a - REQUEST FOR A VARIANCE TO ENCROACH WITH 61 SQUARE FEET OF MQSTLY COMPLETED ADDITION AND NOT TO EXCEED 3'HIGH RETAINING WALLS INTO THE SIDE YARD SETBACK AND TO PROVIDE LESS THAN THE MINIMCTM REQUIltED 4' WIDE WALKWAY ALONG TT�PEZ2IMETER OF 1'HE ADDIT.ION IN ZONING CAS�NO. 880, AT 15 PORTUGUESE BEND ROAD (LOT 7$-RH), R�LLING HILLS, CA, (HASSOLD'I�. THE PROJECT IS EXEIVIPT FROM THE CALI�O1tNIA ENViRONMENTAL QUALITY ACT (CEQA)PURSUANT TO SECTrON 15301,CLASS 1 EXEMPTION. Mayor Pieper recused himself from consideratian of this item due ta the proaciaxtity of his property to the subject pmperty and left the dais. Mayor Pro Tezn Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request in Zoning Case No. 880 at 15 Portuguese$end Road and stated that this case was taken under jurisdictiotz 6y the City Council after it -1- was zecommended for approval by the Planning Commission. 5he iurther stated that the City Counci� visited the site earlier in the day. She further reviewed the applicant's request stating that the applicant is requesting a Variance for a 7.5 i�.portion of an addition to encroach into the side yard setback and for a Vaziance to permit less than the required 4 ft.walkway around the edge of the addition. She stateci that at the field trip,the City Council made suggestions for an altertaate design to pror+ide a wider waIkway. She stated that there were some objections to this application expressed by neig4ibors and a letter received fronn the resident at 13 Portuguese Bend Aoad(Cardenas)has been placed on the dais. She reviewed t4ie objections expressed in the lefter and stated that in response to one question raised,staff cantacted the Fire Dept.and a response was received indicating that Lhey feel the access is adequate given that there is ather access. S�e stated that all of the other develapment stazidards are per tha Zoning Code and there are no a3ditional Variances reguested. She reviewed the lot configuraiton stating that this is a unique 1ot as one of the smal�est lots in the City with a narraw frantage. Mayor Pro Tetn Dieringer called for public comment. Gary Wynn, Wynn Engineering addressed the City Counci! an behalf of the applicant to furttiet explain the applicanYs request anc�to request appro�al. William Hassoldt, 10 Pine Tree Lane(property owner) addressed the City Council stating that he would like to get this pro}ect approved and move along.He stated that because there is a stop work in effect,they have not been able to get tha roof on the house and expressed concern that with t4ie rain coming there could be deterioration. He asked that the City Council a11ow hirn to proceed with roofing everything accept the addition that ancroaches into the setback.Discussion ensued concerning the applicant's request to finish the roof. Councilmember Black stated that he is not opposed to the addition encroaching into tl�e side yard setback, given the cons�aints on the!ot and he is not opposed to allowing the applicant to proceed with putting the roof on the rest of the house. He expressed concern regarding the confguration of the narrow walkway around the addition and suggested that a better option would be to have one wall and push it into the slope closer to the property line so that there can be a 4 ft.walkway. Councilmember Mirsch expressed concem that pushing the walkway further into the slope would cause it to encroach into the easement. She stated that she does not feel there is an extenuating circumstance ta grant the Variance given that the applicant proceeded with the project when it was clear,when staking the project, that it was too close to the slope. She stated that she does not feel she can make tkie findings to allow the Variance. Co�nci�member Wilson also expressed concern regarding the encroachment as well as the width and heigtlt of the walkway around the side of the addition. He stated that he does not support the request as proposed nor does he sup�oft the ntadification as proposed by Councilmeznber Black given that the applicant indicated that he is not supportive of that type of modif cation either. Mayar Pro Tem Dieringer stated that she would support Councilmember Black's suggestion and she feels there are extenuating circumstances to gran.t the Variance given that the space is unusable. Councilmember Mizsch further expressed concern that this is an as built situation and it would most likely not have been approved if was proposed to the Planning Commission ar City Council as it was constnzcted.Mayos'Pro Tem Dieringer commented that she feels this is a slightly dif�'erent situation given that the applicant did come in for over-the-counter approval and the project was approved based on a £�awed survey. Counci�member Mirsch expressed furtk�er concem that if t�-ie City Council proceeds with Councilzx�ember Black's suggestion to move the wall further into the slope, that there could be an issue with the Pine Uree that is located in that area. Councilmember Black suggested that the applicant may be willing to remove the tree so that the pmject can be approved. City Attorney 7enkins clarified tt�at this matter is before the City Council for review having taken a Planning Commission's decisian to approve the Variance under jurisdiction. He stated that shauld the City Council deadlock in this matter,the Planning Commission's decision would stand and the Variance would be approved as is. He revie�uved the City Council's options stating the in any case, it would take three affirmative votes to approve any action ofthe City Council. Minutes City Council Meeting 1 U-26-15 -Z- Following furthez discussion,Council�nember Slack moved that the City Council direct staff to prepare a Resolution granting approval of the applicant's request in Zoning Case No. S80 at 15 Portuguese Bend Road as revised to pravide the minimum required 4 ft,wide wallcway along fhe perirneter o�'the addition, to eliminate the two walls and replace with one wal2,to etimiunate the 90 degree angle into the slope at the corner of the addition and remove�e tree with the staudard findings of fact and conditions of approval. Discussion ensued concerning removing the tree. Mayor Pro Tem Dieringer seconded the motion. Foilowing discussion concerning t}?e aption of changing the configurat�on of the addition so that a Variance is not required and othez optians to address Councilmember Mirsch and Wilson's concerns, tt�e motion failed with Councilmembers Mirsch and Wilson opposed. FurEher discussion ensued concerning options to adaress the City Council's concern regarding this pmject, the implications of a deadlock in thzs matter and possible ways to get consensus amongst the City Council. City Manager Cruz suggested that the City Council continue to the rest of t1�e agenda and come back to this item later in the meeting. Hearing no objection, Mayor Pro Tem Dieringer continued the public hearing on t�zis rnatter ta later on the agenda.Mayar Pieper reteimed to the dais. OLD BUSINE55 CONSIDERA'['ION OF FLTNDING ASSISTANCE FOR ENGII�IEERIlVG DESIGN COSTS ASSOCIATED WITH THE UNDERGROLJNDING OF OVERHEAD UTILI'['IES ON WILLJAMSBURG LANE. Mayor Pieper introduced the item and asked for sta#�'s comments. City Manager Cruz reviewed the staff report stating that Southe;rn California Edison pravided an estimate in the ac�iount$25,000 for the engineer and desigz�costs associate,d with the undergrounding of o�erhead utilities on Williatnsburg�,ane. Mayor Pm Tem Dieringer expressecl concern regarding the la�guage in the agreement that was inciuded with the estimate. In response, City Attomey Jenkins stated that the City is not reyuired to sign the document and as such, can't be held to the provisions. Courxcilmember Black asked if the residents will be contributing to this project. Sean Bennett, 2 Williaimsburg Lane addiressed the City Cour�cil stating that once he received the information,he wiil approach tl�e other zesidents and the RHCA for the remainder of the funding. Following discussion,Mayor Pieper moved that the City Council appropriate an additional$12,500 from the utility fund for engineering design costs associated with the undergrounding of ovezhead utilities on Williaizasburg Lane provided that the residents cantribute an equal amount. Councilmember WiIson seconded the mo�on,which carr�ed without objection. NEW BUSTNESS CONSIDERATION OF AN AGREEMENT WITH PACIFIC COAST LANDSCAPE AND DESIGN, INC. FOR 2016-2418 �.ANDSCAPING MAINTENANCE OF THE CITY HALL CAMPUS AREA INCLUSIVE OF THE TEIVNIS COURT AND MA1N GATE AREAS. Mayor Pieper intxoduced the item and asked for staf�s comments. City Manager Cruz stated that t}ie City's current agreernent for landscaping maiatenance will expire at khe end of December and as such,the City issued an RFP for those services. He reviewed the RFP process and stated khat two proposals were submitted fronn Pacific Coast Z,andscape arid Design at a fee of$565/month and Bennett Enterprises Inc. at a fee of$b61/month. He stated that staff reviewed the pro�osals and upon appropriate vetting staff recommez�ds approving an agreernent with Pacific Coast Landscape and Design,Inc. Mayor Pieper ca2led for pubtic comment. 5ean BennetE, Bennatt Landscape addressed the City Council to express concern regarding the present condition of the landscape and fiuther expressing concern that Pacific Coast Landscape and Design is not a local vendor and may not be able to provide the required certified payroll.He stated that hzs company is local and provides 24/7 service. Manny Hernandez,Pacific Coast Landscape and Design,Inc.addressed the City Council stating that tIiey aze able to submit certified payroll;they have all of the necessary Iicensing and certification;a�d they are available for 2417 on ca11 service. Minutes City Council Meeting �0-26-15 _3_ Discussion ensued concerning why the company currently providing the service did not submit a proposal. jn response to Councilmember Mirsch,City Manager Cniz stated that the bid does not have to be awatded to the lowest bidder but rather, the most responsihle bidder; and as such, the company was thoroughly vetted k�y staff. Fol�owing discussion,Mayor�ro Tem Dieringer moved that the City Council approve an agreement with Pacific Coast Landscape and Design,Inc for 2016-20181andscaping maintenance of the City Hall Carnpus area inclusive of the Tennis Court and Main Gate areas. Mayor Pieper seconded the motion. Fallawing brief discussion concerning the circumstances under which the City Council could not award the contract to the lowest proposer, the motion to approve the agreament with Pacific Coast Landscape and Design carried without objection. CONSIDERATION OF A BUDGET APPROPRIATION TO RE'i'AIN GOVINVEST TO PROVIDE THE CITY OF ROLLING HILLS EMPLOYEE PENSION AC"i'UARIAL SERVICES. Mayor Pieper introduced the item and as�Ced for sta(�s comments. City Manager Cruz reviewed the staf� report stating that this matter is before the City Council in response to questions taised by t�e Personnel Committee with regard to Ca1PERS pension liabilities associated with salary adjustments. He stated that staff received a demonstration of the services o££ered by GovInvest and feels that it will provide the information that the Personnel Comrnittee is requesting at an annual fee of$1,500 with a $500 one time implementation fee. Following discussion,Mayor Pro Tem Dieringer moved that the City Council authorize ttte City Manager to execute an agreement with GovInvest for City of Rolling Hills employee pension actuarial services. Mayor Pieper seconded the rnotion,which carried without objection. OPEN AGENDA-APPROXIMATELY S:UO�.M.-�UBLIC COMMENT WELCOME None. MATTERS FROM STA�"F QUARTERLY SCHEDUL� OF iNVESTMENTS REPORT FOR THE QUART'ER ENDING SEPT'�MBER 30,2015. Mayor Pieper introduced the itern and asked for staff's comments. Finance Director Shea presented the investment report for the quarter ending September 3b, 2015 stating that the interest yield and amount invested are both up slightly.He noted that the 4PEB inveshnent had a loss this quarter but is s�ill up by $125,OD0 overall.He stated that staff will monitor the OPEB investment and if necessary come back to the City Council to z�ecommend a change in the investment strategy. Following brief discussion, Councilmember Mirsch moved that the City Council receive and file the schedule of investments report. Mayor Pro Tem Dieringer seconded the motion,which carried without objection. L]PDA'I'E REGARDING THE STATUS OF THE GEOTECHNICAL REPORT PERTAINING 'I'O THE PROPOSED SUBDIVISION AT 23 CREST ROAD EAST.(ORAL REPORT)1 1'lannzng Ditector Schwartz pmvided an update on the status of the geotechnical report pertaining to the proposed subdivision at 23 Crest Road East and stated that the matter will be before the City Council at its meeting of November 9,2015.Brief discussion ensued concerning the hydrology and stability. No action was talcen. BURGLARY UPDATE.(ORAL REPORT) City Manager Cruz pmvided an update regarding the suppleznental Sherif�'s Dept. pahnl in the City that was added to the contract in response to the burglaries that occurred diu'ing the summer. Counciimember Mirsch reported that she has commitments frorn five volunteers far the Volunteers on Patro�Program and plans to pxoceed with the training. No action was taken. MATTERS�ROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS Upon a suggestion by Mayor Pieper and concurrence by the City Council, staff was d'uected to prepare Minutes City Counci]Meeting i 0-26-I 5 -4- Certificates of Appreciation f'or the residents on Williarnsburg Lane in recognition of their effarts related to the Annua!Halloween Ever�t on Williamsburg Lane. Mayor Pieper suggested that the City Council direct staff to prepare an Urdinance to address �rre fuel hazards for the City Council's consideration. Following discussio�, Councilmember Mirsch moved that the City Council. direct staff to prepare an Ordinance to address fire fuel hazards for the City Council's consideration.N�iayor Pieper seconded the motion. Following discussion,the motion carried with Mayar Pro�'em Dieringer opposed. Upon a suggestion by Councilmember Mirsch and concurrence by the City Cow�cil,staff was directed to agendize a discussion regarding City Council conference and travel expenses and to provide the budget/expenditure infarmation regarding this item. Upon a suggestion by Councilmember Blac�C and concurrence by the City Council, staff was d'uected to agendize a discussion regarding the allegations made against Planning Comznissioner Cardenas by Mr. and Mrs.William Hassoldt. Upon a suggestion by Mayor Pzo Tem Dieringer,staff was directed to investigate the possibility of adding red to the Annual Holiday Open House invitation. PUBLIC H�ARINGS(continued� CONTINUED PUBLIC HEARFNG IN ZONING CASE NQ. 880 - REQUEST FOA A VARIANCE TO ENCROACH WITH 61 SQUARE FEET OF MOSTI,Y COMPLETED ADDITION AND NOT TO EXCEED 3'HIGH RETAINING WALLS INI'O THE SIDE YARD SETBACK AND TO PROVIDE LESS THAN 'i'HE MINIMUM REQUIRED 4' WIDE WALKWAY ALONG THE PERIMETER OF TI� ADDITIQN IN ZQNING CASE NO. 88U, AT 15 PORTUGUESE BEND ROAD (LOT 78-Rf�, ROLLIATG HT�.I,S, CA, (HASSOLD'1�. THE PROTECT iS EXFMPT FR(lM TFiF,CAT,TF'QRNiA FNViRC]NMF.N'T'AT,l,�jJAT,ITY AGT (CEQA)PURSUANT TO SECTION 153U1,CLASS 1 EXEMP7'ION. Mayor Pieper again recused himself from considetation of this item due to the proximity of his property to the subject properiy and left the dais. Mayor Pro Tem Dieringer introduced the item and asked for additional comments from the City Council. Followi�ag discussion, Councilmember BIack moved that the City Council dizect staff to prepaze a Resolution gran�ing appmval of fhe appIicant's request in Zoning Case No. 880 at 15 Portuguese Bend Road as revised to provide the minimum req�ired 4 ft.wide walkway along the perimeter of the addi#ion, eliminate the tiered 3 ft.retaining walls and replace with or�e taller wall;elimiizaate t�e 90 degree angle inEo the slope at the corner of the addition and remove the tree if necessary with the standard findings of fact and conditions of approval. Ma�or Pro Tem Dieringer seconded tlxe motion, which carried without abjection.The applicant was fiuther directed to submit revised plans as di.scussed to provide the minimum required 4 ft.wide walkway and to address the other issues raised by the City Councsl. Councilmember Black further rnoved that the applicant be allowed to proceed with roofing the structure except for the addition but not be issued a Certificate of Occupancy until the entire project is approved. Councilmernber Mitsch seconded the motion,which carried without o6jection. Staff was further directed to inform the Los Angeles County Dept. of Building and Safety that the applicant may proceed with roofing the structure except for the addition. PUBLIC COMMENT ON CLOSED S�SSZUN ITEMS None. CLOSED SESSIQN None. RETURN TQ OPEN SESSION None. Minutes City Council Meefing 10-2b-15 -5- ADJOURNMENT Hearing no further business before the City Council,Mayor Pro"l�em Dieringer,adjourned the mee�ing at 9:47 p.m.The next regular mee6ng of the City Council is scheduled to be held on Monday,November 9, 2015 beginning at 7:30 p.m. in the City Council Chamber at City Hali,2 Portuguese Bend Road, RolIing Hills,California. Respectfully submitted, '�,��'�. � .���} Heidi Luce City Clerk Approved, � � � �'` Jeff eper yor Nfinutes City Councii Meeting IO-26-15 -6-