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11-09-15 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALg'ORNIA MUNDAY,NOVEMBER 9, 2015 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pieper at 7:30 p.m. in the City Council Charnber at City Hall, 2 Porluguese Bend Road, Rolling Hills, California. RQLL CALL Councilmembers Present: BIack, Dieri�ger, Mirsch,Wilson and Mayor Pieper. Councilrnembers Absent: None. Others Present: Raymond R. Cxvz, City Manager. Mike J�nkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Susan Trigueros,Regional Public Affairs Manager, So Cal Gas. Fa�iola Ocl�oa,Public Affairs Manager, So Cal Gas. Sean Baptis�e, Site Acquisition/Construction Manager, So Cal Gas. Dennis Lo�rd, �ssues Resolution Manager, So Cal Gas. Clint Patterson, 22 Georgeff Road. Howard Weinberg,Weinberg Law. Charlie Raine, 2 Pinto Road. John Mackenbach, 56 Partuguese Bend Road. Gordon Schaye, 58 Portuguese Bend Road. John Nunn, 1 Crest Road West. 3im Aichele, 14 Crest Road Wes#. Rager Hawkins, 37 Crest Road West. Spencer Karpf, 8 Maverick Lane. Carol Witte, 5 Quail Ridge Road South. Mike Schoettle, 24 Eastfield Drive. Ron Durbin, LA Cottnty Fire. J Lopez, LA County Fire. 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 t�e Consent Ca�endar causing it to be considered unde�r Council Actions. A. Minutes - (1} Adjourned Regu�ar Meeting (Field Trip) of October 26, 2015 and (2) Regular Meeting af October 26, 2015. RECOMMENDA7.'IQN: Approve as presented. B. Payment of Bills. RECOMN�NDATION: Approve as presented. City Clerk Luce noted one correction to the minutes in the second sentence of the 2ast paragraph an page three removing the words "as necessary." Councilmember Wilson noted that the meeting was adjourned withaut the presence of Mayor Pieper and asked the minutes be corrected to reflect as such. Councilmember Biack moved �hat the City Council approve the items on the consent calendar as corrected. Councilmember Wilson seconded the motion,which carried withaut objectian. PRESENTATION AdvancedMeter:Project Overview Susan Sifixentes Trigueros,Regional Public Affairs Manager Southern California Gas Company Ms. Trigueros and her calleagues provided the City Council with an overview of the status, timeline and community outreach efforts associated with the Southern Califo�nia Gas Company's AdvancedMeter project including the installation of the Meter Transmission Units (MTU's) at resident's homes as well as -1- the Data Collection Units {DCU's) which are proposed to be installed on three pales in Rolling Hills. Following discussion and a question and answer period, the City Council asked staff to schedule a site visit to the three proposed sites for the DCU's. Ciry Manager Cruz commented that the site visit shauldn't be scheduled until the third parry review of the praposed sites is completed. COMM[SSION ITEMS None. PUBLIC HEARINGS CONTINUED PUBLIC HEARING IN ZONING CASE NO. 8b9, SUBD�VISION NO. 44, VESTING TENTATIVE PARCEL MAP NO. 72775 — A REQUEST TO SUBDNIDE AN EXISTING LOT TOTALING 7.05 ACRES GROSS INTO 2 PARCELS OF LAND AS FOLLOWS: PARCEL 1: 3.70 GROSS ACRES, 3.Q NET ACRES; PARCEL 2: 334 GROSS ACRES, 2.67 NET ACRES. THE PROPERTY IS CURRENTLY VACANT AND IS KNOWN AS 23 CREST ROAD EAST, (LOT 32-A-M5), PARCEL NO.: 7567-011-020 IN THE RA.-S-2 ZONE, RESIDENTTAL AGRICULTURAL-SUBURBAN 2-ACRE MINIMUM NET LOT AREA, TO BE IlvIPLEMENTED BY MR. JIM HYNES. PURSUANT TO CEQA REQUIREMENT, IT WAS DETERMINED THAT THE PROJECT WILL NOT HAVE A SIGN�ICANT EFFECT ON THE ENVIRQNMENT WITH APPLICABLE MITIGATION MEASURES AND THEREFORE, A MITIGATED NEGATNE DECLARATION HAS BEEN PREPARED. Mayor Pieper introduced the item and asked for staffs comments. Planning Director Schwartz stated that #his is a continued public hearing and briefly reviewed the applicant's request to subdivide a vacant lot at 23 Crest Road East into two lo#s. She stated that the Planning Commission reviewed and recommended approval of the applicant's request and that the City's Engineer has deemed this pmject feasible for subdivision. She stated that resident's with properties belaw the proposed subdivision have expressed concern regarding the hydralogy and the impact any increased drainage�rom this subdivision may have on the properties below. She stated that at a previo�as meeting, staff was directed to prepare a request for proposals for an independent third party consu�tant to review and prepare geotechnical and hydrology studies and that the report be reviewed by the Los Angeles County Building and Safety geotechnical engineers because of their fami7iarity with the City. She stated that in response to the RFP, staff received two proposals, which are esti.mated to cast upwards of $61,000. Discussion ensued concerning the proposals and what services are included in each proposal. Mayo;r Pieper called for public comment. Howard Weinberg, Attorney addressed the City Council an behaif of the applicant stating tha# during the Planning Commission's review of the project, the applicant has proposed a storm water retainment system where there is no excess storm water that would flow ofF the property that is in excess of what flows of the property currently. He stated that he does not feel it is necessary to have an additionai study on the effect to the downhill area or flying triangle slide because there is no excess storm water that will flow downhill. He stated that the applicant is only required to�nitigate the starm water to less than significan#which they already propose ta exceed by reducing it to zero and further requested that tl�e City Council not require any additional studies. Charlie Raine, 2 Pinto Road addressed the City Council to express concern that any additiona� vvater deposited in the landslide area may cause a landslide. Gordan Schaye, 58 Portuguese Bend Road addressed the City Council to express concern regarding effect the waste water may have as well as effect this p:roposed subdivision may have on the existing landslide areas an Rancho Palos Verdes as stated in the letter from the Klondike Canyon Geologic Hazard Abatement Dis�rict. Mr. Weinberg commented that studies have been done to address the issues raised by Mr. Raine and Mr. Schaye. He urged the City Council to adapt the Planning Commission's recommendation to approve the lot split. Minutes City Council Meeting 11-09-15 -2- John Mackenbach, 56 Portuguese Bend Road addr�ssed the City Council to express cancern that the cistern would release water during a storm. Dr. Schaye expressed further concern regarding any water release downhill. Discussion ensned concerning the City's liability. �n response to Mayar Pieper regarding Mayor Pro Tem Dieringer's concern regarding liability, City Attorney Jenkins stated that the City's decision shouldn't be driven by concerns about liability. He stated that this is a discre#ionary act of the City and is immune from chalienge, as long the City does not own any of the s#orm water channels in questian. He �urther stated this is a land use planning application and the City Council previously felt it needed more information. If - it still feels that way,the City Council may request the infonnation. Counci?�member Black commented that his concern is safety for the down slape residents and he feels that better hydrology evaluation is needed ta make that determination. Councilmember Wilson concurred. Councilmember Mirsch also commented that she i� concerned regarding the safe�.y as weil as the cumulati�e impact this subdivision may have. Follawing discussion, staff was directed ta proceed with the hydrology study as requested and to direct the consultant ta use existing information to evaluate the geology if it is satisfactory to make the determination. Staff was further directed to re-notice the maiter for consideration upon receipt of the additional infarmation requested. CONTINUED PUBLIC HEARING IN ZONING CASE NO. 880. — REQiTEST FOR A VARIANCE TO ENCRQACH WITH 61 SQUARE FEET OF MOSTLY COMPLETED ADDITION AND NOT TO EXCEED 3' HIGH RETAINING WALLS INTO THE SIDE YARD SETBACK AND TO PROVIDE LESS THAN TI� MINIMUM REQUIRED 4' WIDE WALKWAY AL4NG TI� PERIMETER OF THE ADDITION IN ZONING CASE NO. 8$4, AT 15 PORTUGUESE BEND ROAD (LOT 78-RI�, ROLLING HILLS, CA, (HASSOLDT). THE PROTECT IS EXEMPT FROM THE CALIFORNIA ENVIRONiV�NTAL QUALITY ACT (CEQA)PURSUANT TO SECTION 15301, CLASS 1 EXEMPTION. Mayor Pieper recused himself from consideration of this item due to the proximiTy of his property to the subject property and left the dais. Mayor Pro Tem Dieringer in�roduced the item and asked for staffls comments. Planning Director Schwarkz reviewed t1�e applicant's reques� stating that the City Council previously discussed approving the additian and requested that the applicant provide the fiill�4 ft. walkway around the property. Subsequently, the a�plicant's representative submitted a re`rised proposal which included a letter detailing the difficulty they would have in achieving the City Council's direc�ion ta provide the 4 ft. walkway. She reviewed the applicant's revised proposal and stated that it would provide a 2 ft. walkway up to the existing easement line so that it will not encroach into the easement. She sta.ted that if the City Council is interested in appro�ing the revised proposal, the matt�r will have to be advertised as such before it cou�d be appraved. Mayor Pro Tem Dierin.ger called for public comment. Howard Weinberg, Attomey addressed the City Cauncil on behalf of the neighbor at 18 Porkuguese Bend Road(Nuccion)to express objection to the proposed 2 ft. walkway. He sta,ted that he does not believe this project qualifies for a CEQA exemption and further does not believe the City Council can make the findings necessary to grant this variance. Councilmember Black stated that he is not inclined to approve the applicant's revised request with a 2 ft. walkway for safety reasons; and the alternate option, if they are nat willing to provide the required 4 ft. walkway,would be to remove the corner of the addition as was suggested at the pre�ious meeting. Following discussion, Councilmember Mirsch �oved that the City Council direct staff ta prepare a Resolution granting approval of the applicant's request in Zaning Case No. 880 at 15 Portuguese Bend Road as originally revised to provide the minim�n required 4 ft. wide walkway along the perime�er of th� addition, elirninate the tiered 3 ft. retaining walls and replace with one taller wall; eliminate the 9Q degree angle into the slope at the corner of the addition and remove the Pine Tree with the standard findings of £act and conditions af approval, as directed at the last meeting of the City Council regarding this matter. Councilmember Black secanded the motion, which carried without objection. The public hearing was continued. Recognizing that there was an other rnatter for which Mayor Pieper wauld be recused, Mayor Pra T�n Minutes City Conncil Meeting 11-09-�5 -3- Dieringer stated that the City Council would next consider Matters from the City Council Itern 9B also regarding the properry at 15 Portuguese Bend Road. REQUEST FROM COUNCILMEMBER BLACK TO RECONSIDER CITY COUNCIL'S DECISION FROM OCTOBER 2b, 2015 TO ALLOW THE REPLACEMENT OF A ROOF AT A PROPERTY LOCATED AT 15 PORTUGUESE BEND ROAD {HASSOLDT). Councilmember Black stated that since the applicant does not appear to be willing to provide the 4ft. walkway around the property as requested by the City Council and there is a chance that the comer of the addition will be removed, he does not feel that i� is appropriate to allow the roofmg to be cornpleted as previously directed. Brief discussion ensued concerning the roofing praject and it was noted that the applicant advised staff that they do not intend to complete the roof unti12016. Mayor Pro Tem Dieringer called for public com�ent. Hearing none and following brief discussion, staff was directed to advise the property owner that if they are to commence w:ith the roof replacement prior to obtaining appro�al for the requested Variance,they will be doing sa at tl�eir own risk. Mayar Pieper returned to the dais. �LD BUSINESS None. NEW BUSINESS WANE FULL READING AND INTRODUCE ON FlRST READING ORDINANCE NO. 345 - AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING CHAPTER 8.30 �`O TITLE 8 OF THE ROLLING HILLS MUIVICIPAL CODE REGARDING ABATEMENT OF F1RE FUEL x.�aRns. Mayor Pieper intraduced the item and asked for staff s comments. City Manager Cruz presented the staff report stating that at its last meeting the City Cauncil directed staff to prepare an Ordinance regarding the abatemen# of fire fuel hazards for consideration by the City Council. He stated that calling out dead vegetation as a public nuisance in the Municipal Code will advise residents that dead vegetation is a fire fuel, a public nuisance and a p�ority for abatement. He fixrther stated that this �rdinance incorporates the existing nuisance abatement procedures set forth in Chapter 8.24 of the Ro�ling Hills Municipal Code which includes a provision whereby there is an appeal procedure to appeal the determination that a nuisance exists before the City pursues abatement. He stated that the proposed Ordinance also requires the City to comply with all applicable environmental �aws and regulations in implementing the Ordinance which may include not remo�ing dead �egetation identified as a public nuisance if evidence shows that doing so presents a potential, significant environmental impact. Mayor Pieper callec�for public comments, John Nunn, 1 Crest Road West addressed the City Council to suggest that the City adopt a Community Wildfire Protection Plan to be coordinated with the other Peninsula Cites instead of adopting this ordinance. Jim Aichele, 14 Crest Road West addressed the City Council in oppositian to the proposed ardinance stating that he daes nat feel this ordinance is necessary because the issue can be addressed using the existing nuisance abatement ordinance. Roger Hawkins, 37 Crest Road West addressed the City Cauncil in opposition to the propased ordinance sta.ting that he feels that the Los ,Angeles County Fire Code already apprapriately addresses fire risk in the City and this ordinance is unnecessary and may make the City susceptible to lawsuits. Spencer Karpf, 8 Maverick Lane addressed the City Council in support of the proposed ordinance. He stated that he feels the ordinance is well drafted and encouraged the City Council to adopt it. Carol Witte, 5 Quail Ridge Road South addressed the City Council in support of the proposed ordinance. Minutes City Council Meeting 11-09-15 -4- Mike Schoettle, 24 Eastfield Drive addressed the City Council in opposition to the proposed ordinance because it is tao vague and not specific enough. He suggested the City should be mo're concerned with the dead brush. Ron Durbin, LA County Fire Depart�nent, Brash Clearance Unit addressed the City Council stating that the Fire Department currently only deals with vegetatian that is within 200 ft. of a shucture or fire access issues during its annual bnish c�earance inspections and the goal is to modify fuels to change fire behavior, which is the goal of this ordinance as well. He sta.ted that the objective is to balance life, property and environment. Discussion ensued concerning the proposed ordinance as compared ta a Community Wildfire Protection Plan. In response to Mayor Pro Dieringer, J Lopez, LA County Fire Department stated that the Community Wildfire Protection P�an (CWPP) is a voluntary effort that requires input from the community and provides a coordinated effort to help reduce fire fuel hazards. He further stated that having a Fire Saf� Council incrEases the ability to obtain grants for the CWPP. In response to Councilmember Wilson regarding enforcement, Mayor Pieper sta.ted that enforcement wvul.d be on a complaint driven basis. Discussian ensued concerning the ability to use the existing nuisance abatement ordinance to eliminate fire fuel hazards. Mayor Pra Tern Diering�r expressed concern that removing dead vegetation coujd create landslides due to soil erosion i£the proper procedures are not followed. She also suggested that the t�r�n "vegetation" in the ordinance be replaced with the word "plants" ar�d that specific language be added to addxess potential landslide issues. She further stated that she feels a better course of action ra#her than adopting this ordinance would be to adopt a more comprehensive Community Wildfire Protection Plan. Counciimernber Mirsch stated that she feels that she supports adopting a Community Wi�dfire Protection Plan but she also feels that adoptang this ordnancE is a good step toward reducing fixe risk in the comrnunity and she does not feel it conflicts with �he LA County Fire Department's fire fuel abatement efforts. Following public comment and discussion, Councilmember Mirsch moved that the City Council waive full read�it�g and introduce on first reading Ordinance No. 345 pertaining to abatement of fire fuel hazards as amended to replace #11e word "vegetatian" with the word "plant(s)" as suggested by Mayor Pro Tem Dieringer. Councilmember Black seconded the motion, which carried with Mayor Pro Tem Dieringer opposed. DISCUSSION REGARDING RECREATIONAL VEHICLE STORAGE AT Sb EA�TFIELD DRIVE. Mayor Pieper introduced the item and asked for staffls comments. City Manager Cruz presented the staff report stating that this item is befare the City Council for consideration at the request of the property owner at 56 Eastfield Drive and pertaans to storage af a recreational vehicle �hat does not meet the required distance from the roadway as set forth in the municipal code. He further stated that the property owner is requesting that the City Council consider reducing the distance requirement for recreational vehicle storage. Mayor Pieper called for public comment. Mike Schoettle, 24 Eastfield Drive addressed the City Council stating that he is opposed to the location that the recreational vehicle in question is currently s�ored and feels it should be moved. Following brief discussion concerning the location a�the recreatianal vehicle and its proximity to the street, Councilmexnber Mirsch moved that the City Council receive and fite the report. Mayor Pro Tem Dieringer seconded the motion,which carried without objection. No action was taken. CONSIDERATION OF A COMPLAINT FILED BY A RESIDENT AGAINST A CITY COMMISSIONER. Mayor Pieper introduced the item and asked for staffls comments. Ciry Manager Cruz presented the staff report stating the City received a compla.ir�t from William and Judith Hassoldt alleging that Planning Commissioner, Sean Cardenas engaged in imprope�r canduct affecting their property rights in a matter Minutes City Council Meeting 11-09-15 -S- before the City and that an unwarranted call was made to The Gas Cornpany. Thus, the Hassoldt's further a.ilege that, Mr. Cardenas has shown a pattern of utili�ing his position to harass them. City Manager Cruz further stated that staff thoroughly investigated the coxnplaints and found them to be without merit but the mater is before the City Council at the request of Councilmember Black due to the serious nature af the complaints. Following brief discussian, Councilrnember Black moved that the City Council receive and file the report. Mayor Pro Tem Dieringer seconded the motion, which carried without objection. No action was taken. CONSIDERATION OF THE REAPPOINTMENT OF THE INCUMBENT PLANNING AND TRAFFIC COIVIMISSIONERS TO A FOUR-YEAR TERM COMMENCING ON JANUARY 1, 20I6. Having reviewed the staff report, Councilmernber Mirsch moved that the City Council reappoint Commissioners Cardenas and Chelf to serve a four-year #erm on the Planning Commission and Commissioners Margeta and Virtue to serve a four year-term on the'Traffic Commission commencing on January 1, 2016. Councilmernber Black seconded the motion,which carried without objection. OPEN AGENDA-APPROXaVIATELY 8:OD P.M. -PUBLIC CONIIV�NT WELCOME None. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS DISCUSSION REGARDING CITY COUNCIL CONFERENCE AND TR.AVEL EXPENSES. Mayor Pieper introduced the item and asked for staffls comments. City Manager Cn�z stated that at the request of the City Council, incZuded in t1�e staff report are the year to date budget and expense numbers related to City Council conference and travel items. Councilmember Mirsch suggested that there be some guidelznes set to determine if there is value for the City in the City Council attending canferences. Fallowing brief discussion, staff was directed to agendize the matter for discussion by �he Finance, Budget,Audit Committee during the budgeting pracess. MA.TTERS FROM STAFF BURGLARY UPDATE. (OR.AL REPORI� City Manager Cruz provided an update regarding the s�xpplemental SherifPs Dept. patrol in the City that was added to the contract in response to the b�rglaries that occuxred during the summer. Councilmember Mirsch reported that she has recruited seven valunteers for the Volunteer on Patrol program ar�d wilZ proceed with scheduling the tra.ining. No action was taken. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. CL05ED SESSIDNf Government Code §54957 Public Ernployee Performance Evaluation Title: City Manager The City Council recessed into ciosed session at 11:05 p.m. to discuss the matter listed above on the clased session agenda. The meeting returmed ta open session at 11:27 p.m. RETURN TO OPEN SESSION ANNOUNCEMENT OF ACTI�NS FROM CLOSED SESSION(ORAL REPORT}. The meeting was called back to order in open session at 11:27 p.m. and City Attorney �enkins reported that the City Council met in closed session to discuss the item listed above and z�o reportable action was taken. MinUtes City Council Meeting 11-09-15 -6- ADJOURNMENT H�aring no further business before the City Council, Mayor Pieper adjourned the meeting at 11:28 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, Novernber 23, 2015 beguming at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfiilly submitted, Heidi Luce City Clerk Approved, .�� 3e P' er Ma�or Minutes City Council Meeting �1-09-15 -7-