The URL can be used to link to this page

03-14-16 MINUTES OF AN ADJOURNED REGULAR MEETING �F THE CITY COUNCIL OF THE CIT� OF ROLLING HILLS,CAL�FORNIA MONDAY,MARCH 14,2016 CALL TO ORDER An adjourned regular meeting of the City Coutxcil o� the City of Ralling Hills was called to order by Mayar Pieper at 7:03 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Ro�ling Hills, California. ROLL CALL Councilmembers Present: Black,Dieringer,Mirsch, Wilson and Mayor Pieper. Cauricilmembers Abserit: None. Others Present: Raymond R. Cruz, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz,Planning Director. Heidi Luce, City C1erk. Marcia Schoettle,24 Eastfieid Drive. Jeffrey Os�riker, 27 Caballeros Road. Jim Aichele, 14 Crest Road W�st. Lynn Gill, 31 Chuckwagon Road. Patty Naegely, on behalf of Occhipinti (34 Crest Road Eas�). OPEN AGENDA-PUBLIC COMMENT WELC�ME � Marcia Schoettle, 24 Eastfield Drive addressed th� City Council to suggest that the City Council�neetings be televised so that residents that don't drive can see the meetings. CONSENT CALE�TDAR A. Minutes -Regulaz Meeting of February 22, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. Councilmember Mirsch moved that the City Council approve the items on the consent calendax as presented. CaunciIrnernber Wilson seconded the motion, which carried without objection. PRESENTATION Presentation of a City Councid Commendation to Cnmmander Blaine Bodin Los Angeles County Sheri�s Department The City Cauncil presented a Commenda�ion ta Lamita Sheriff's Station Captain Blain Bolin to thank him for his service to the City and congratulate him on his promotion to Cammander of fhe North Patrol Division. Commander Bolin thanked the City for its support during his four years as Captain of the Lomita. Station. City Manager Cruz then introduced the new Lomita Station Captain,Dan Beringer. Mayor Pieper stated that i�there are no objections,New Business Item 8A regarding an appeal of the City Manager's determination in aggressive anirnal complainf will be taken out of order at the request of the appellant Hearing no objection, he so ordered. -1- DRAFT NEW BUSINESS C�NSIDERATION OF AN APPEAL FILED BY DR. JEFFREY OSTRIKER, PURSUANT TO MUNICIPAL CODE SECTION b.24.070, REGARDING A DETERMINAT'ION ORDERING THE DISPOSITION OF .AN AGGRESSIVE ANTMAL COMPLAINT FII,ED BY MR. MATTHEW CHAISSON. Mayor Pi�per introduced�he item and asked for staff's comments. City Manager Cruz presented the staff report and reviewed the cornplaint filed by Mr. Matthew Chaisson against a dog, Azu1, owned by Dr. Jeffrey Osktriker alleging that Azui came anto the property where Mr. Chaisson resides and ki�led his chickens. He further reviewed the inves�igation performed by an officer of the Los Angeles County Dept. of Animal Care and Control whtch found the cornplaint to be meritorious. He then reviewed the order impased by the City Manager as a result of complaint being confirmed. He stated that the order required that Azul be canfined to Dr. Ostriker's property and when off the property, be unde�' control of a leash by a person capable of controlling the dog. He further cammented that this ma�ter is befare the City Council because a time�y appeal was filed by Dr. Ostriker requesting that the City Manager's decision be reviewed. He stated that additional correspondence was received from Dr. Ostriker and Mr. Chaisson and has been placed on the dais. Dr. Jeffrey Ostriker, 27 Caballeros Road addressed the City Couticil to request that the City Manager's order be modified to allow him to walk his dags off leash due to medical reasons. He presented letters from a doctor and psychologist in support of his request. Following discussion, Councilmember Black mo�ed that the City Councii affirm the City Mana.ger's decision in the aggressive animal complaint against a dog owned by Dr. Jeffrey Ostriker tlzat the dog be confined to the property when on the property and to modify the order to allow Dr. Ostriker to walk the dog o�'f leash provided that he daes not walk in the viciniry of the property where the chickens owried by Mr. Matthew Chaisson are located (8 Crest Road East). Councilmember Mirsch seconded the motion, which carried without objection. COMMI5SION ITEMS RESOLUTTON NO. 2016-02—A RESOLUTION OF THE PLANNTNG COMMISSION OF THE CITY OF R�LLING HILLS GRANTTNG APPROVAL OF A SITE PLAN REVIEW FOR A SUBSTANTIAL ADDITION, GRADING, SWTNIMING POOL, PORCH, TRELLIS, ANl.� WALLS AND VARIANCES FOR ENCROACHMENT WITH PORTIONS OF THE ADDITIONS, WALLS AND A LIGHTWELL INTO SETBACKS, TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AND TO EXCEED 2.5' AVERAGE HEIGHT OF WALLS IN Z�NIlVG CASE NO. $S8 AT 17 MIDDLERIDGE LANE NORTH, {LOT 5-MR), IN THE OVERLAY ZONING DISTRICT-OZD-1, (POST). Mayor Pieper introduced the item and asked �or staf�s comrnents. Planning Director Schwartz reviewed the constrained lot configuration and provided an aven+iew af the applicant's request in Zoning Case No. 88$ a# 17 Middleridge Lane North. She stated tliat after several public hearings, a site visit anc� rnodifications to address the Planning Commission's concems regarding the project, the Planning Commission adopted Resolutian No. 2016-02 appro�ing the request on a 3-2 vote. Councilmember Dieringer expressed concern regarding the encroachment into the front yard setback and questioned the need/justification for granting a variance for the encroachment. Following discussion, Cauncilmember Black moved that the City Council recei�ve and file Pianning Commission Resolution No. 2016-02 granting approval of the applicant's request in Zoning Case No. $88 at 1'7 Middleridge Lane North. Councilmember Wilson seconded the motion, which carried with Mayor Pro Tem Dieringer oppased. RESOLUTION NO. 2016-04—A RESOLUTIDN OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GR.ANTING APPROVAL FOR A SITE PLAN REVIEW FOR A DETACHED GARAGE, GRADING AND RETAINING WALLS; A COND�TIONAL USE PERMIT TO CONSTRUCT A DETACHED GARAGE; AND VARIANCES TO C�NSTRUCT AN ADDITION TO THE RESIDENCE IN THE FRONT SETBACK, A ONE-CAR PARKRVG PAD LESS THAN 30 FEET FROM THE ROADWAY EASEMENT LIlVE, GARAGE AND Minutes City Council Meeting 03-14-16 -2- DRAFT WALL ENCROACHMENT INTO THE FRONT YARD SETBACK, OUT OF GRADE CONDITION OF THE GARAGE, WALL THAT D4ES NOT AVERAGE OUT TO 2.5-FEET, TO EXCEED TI� PERMITTED STRUCTURAL AND TOTAL COVERAGE AND THE DISTURBED AREA OF THE LOT, IN ZONING CASE NO. 892, AT 3 EASTFIELD DRIVE, (LOT 58-EF), (BENNETT). Mayor Pieper introduced the item and asked �'or staff's commen�s. Planning Director Schwartz reviewed the canstrained lot configuration and provided an overview of the applicant's request in Zoning Case No. .� 892 at 3 Eastfield Drive. She stated that after a public hearing and site visit, the P�anning Commission adopted Resolutian Na. 201 b-0� approving �he requesf on a 4-0 vote with CornrrAissioner Smith abstaining. Fallowing brief discussion, Councilmember Wilson moved that the City Counci�receive and f le Planning Commission Resolution No. 2016-04 granting appraval of the applicant's request in Zoning Case No. 892 at 3 Eastfield Drive. Mayor Pro Tem Dieringer seconded the motion, which carried without objection. PUBLIC HEARINGS AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 OF THE ROLLING HILLS MLTNICIPAL CODE BY AMENDING SECTTONS 17.08.050 AND 17.16.020 AND ADDING CHAPTER 17.29 IN ORDER T� IMPOSE AN EXPRESS B.AN ON MEDICAL MARIJCTANA CULTNATION AND DISPENSARIES WITHIN THE CITY, IN ZONING CASE NO. $99 AND ZONING CODE AMENDMENT NO. 2016-01. AND AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE BY AMENDING SECTIONS 17A8A50 AND 17.1b.020 AND ADDING CHAPTER 17.29 IN ORDER TO PERNIIT THE PERSONAL CULTNATION �F MED�CAL MARIJUANA AND IMPOSE AN EXPRE35 BAN ON COMMERCiAL MEDICAL MARIJiJANA CULTIVATION AND DISPENSAR�S WITHIlV THE CITY IN ZONING CASE NO. 899 AND ZONING CODE AMENDMENT NO. 2016-01. Mayor Pieper in�oduced the item and asked for staff's comments. P�anning Director Schwartz presented the staffreport stating that before the City Council are two proposed ordinances pertaining to delivery and cultivation of inedical marijuana in the City. She reviewed the backgtound of the issue incltxding the State legislative history on the issue. She stated that the Planning Commission also heard this matter and recommended adaption of the stricter ordinance prohxbiting all cultivation including for personal use. She noted that at the tizne the Planning Commission heard this matter, there was a March 1 st deadline by which cities needed to take action, if they wished to regulate any marijuana activities, but the State legislature since eliminated the deadline. When the rnatter was before the Planning Comrnission, the public provided testimony suggesting that the City provide for delivery of rnedica� marxjuana and allow for personal cultivadon but given the urger�cy of the matter, th.e Planning Commission recommended adoption of an ardinance banning al� cultivation and permitting de�ivery by a dispensary having a legitimate storefront. Staff has since further researched the issue and prepared a second draft ardinance allowing for personal cultivation but stili banning commercial cultivation. Discussion ensued concern�ing the amount of area tha# is allowed for personal cultivation. Further discussion ensued concerning commercial cultivation of oth�r crops and the delivery rnechanisms by which qualified patients would be ailowed to obtain medica�rnarijuana. Mayor Pieper called for public comment. Jim Aichele, 14 Crest Raad West addressed the City Council to urge the City Council to adopt the ordinance allowing for personal cultivation of inedical marijuana. Mayor Pro Tem Dieringer expressed concern that the aflowing persona� cultivatian outdoors could potentially increase crime in the City. She suggested allowing only indoor growth. Discussion ensued concerning State �aw versus Federal law relating to rnarijuana. Ciry Attorney Jenkins stated that it is illegal under Federal law to sell, cultivate or use rnarijuana. Councilmember Black suggested not adopting an ordinance and�ust defaulting to Federal law as it relates to medical marijtxana. Minutes City Council Meeting 03-14-16 -3- DR.AFT Councilmember Mirsch mo�ed that the City Council waive full reading and introduce on first reading an ordinance of the City of Ralling Hills amending Sec�ions i7.0$.d50 and 17.16.020 and adding Chapter 17.29 in order to permi# the personal cultivation of inedical marijuana and impose an express ban on comrnercial medical marijuana cultivafiion and dispensaries within the City. Mayor Pieper secanded the motion. Discussion ensued cor�cerning the allowance for personal cultivation and the licensing requirement. With regard to the provision that there be no exterior eviderice of cultivation from any street [Section 17.29A20(C)(1)(h)], Councilmember Wilson suggested that trails and easements be added as locations from where there shall be no exterior evidence of cultivation. Fallowing discussion, Councilmember Mirsch accepted Councilmember Wilson's amendment and Mayor Pieper seconded. Following brief discussion, the motian carried as aanended with Councilmember Black and Mayor Pro Tem Dieringer opposed. OLD BUSINESS CONSIDERATION OF RE�OLUTION NO. 1182 ADOPTING ADMINISTRATIVE REGULATIONS INTERPRETING MEASURE B RELATING TO VIEW PRESERVATION. Mayor Pieper introduced the item and asked for stafF's comments. Planning Director Schwartz stated that two items regarding this item were received today and have been placed on the dais. The City Council took a brief recess to read the materials submitted. Planning Director Schwartz then presented the staff report and reviewed the background of this matter stating that for several rnonths the City Council has been considering the adoption of administrafion regula�ions interpreting Measure B so that it can be applied consistently. She sfated that the issues being discussed include the matters af acquisitfon and maturity. She noted that the City Council has already decided on an interpretation for the acquisition issue; and at its last meeting decided, on the maturity issue, to use 75% of a tree's maximum canopy width and height as a metric for determining maturity. She stated that since that meeting it was learned that there are severa� ways to measure "width" of a canopy. She stated that there are various methods for measuring cariopy width and staff xecommends using the "drip line" to measure the canopy spread. She stated also that since the last meeting, it was learned that the most recent edition of Sunset Western Garden Book does nat include some of the trees common in Ralling Hills where the previaus �errsion did. She stated that it is sta#�s recommendation that staff be allowed to use the previous version as a reference. Lastly,based on direction received at the last meeting that staff do research pertaining to "Consuli-�ng Arborists", most of the local landscape/arbor companies do not employ an arborist certified by the American Society of Consulting Arborists (ASCA), but do consult with one when needed. Planning Director Schwartz stated that the City Council has two items ieft to consider. F�rst,to finalize the "maturity" issue and secondly to affirm the less controversial issue with regard to the "retroactivity" provision. In response to Mayor Pro Tem Dieringer, Planning Director Schwartz reviewed the various methods for measuring canopy "spread". Discussion ensued concerning the various rnethods for measuring width and height of trees. Further discussion ensued concerning the height ranges. Mayor Pro Tem Dieringe�r expressed concern that trees may not reach �heir maximum height due to planting site conditions and suggested that the City Council consider adding language to refer to the maximum "expected" height so that the planting site can be taken into consideration. She stated that she does not think the presently proposed interpretation regarding maturity meets the legal requirements. Brief discussion ensued cancerning tree height. With regard to fihe issue of which version of Sunset Western Garden Book should be used a reference for tree heights, the City Cauncil concurred that the rnost recent edition should be used unless a tree is nat Iisted in that version,then the pre�ious edition where a particular tee is listed cauld be used. Discussion ensued concerning using a consulting arborist certified by the American Society of Consulting Arborists (ASCA) rather than an arborist certified by the American Society af Arboriculture {ASA) when arborist consultant services are needed. Following discussion, the City Council concurred ta use the proposed language presented in the draft Administrative Regulations attached to the resolution. Discussion ensued concerning retroactivity portion of the administrative regulation, The City Council Minutes City Council Meeting 03-14-16 -4- .�. . ,� ,.� DRAFT concurr�d to use the language as proposed in the draft Adrninistrative Regulations attached to the resolution. Mayor Pieper called for public comment. Marcia Schaettle, 24 Eastfield Drive addressed the City Council to suggest that when an arborists' services are necessary that an ASCA certified consulting arborist be used. Lynn Gill, 31 Chuckwagon Road addressed the City Council in support of using 75% of the maximum expected height and using the mast xecent version of Sunset Western Garden book that iists the specific tree as a reference. Patty Naegely addressed the City Council on behalf of the Occhipinti Family (34 Crest Road East} to further explain the correspondence she presented which shows that many trees in the area do no reach their maximum height even though they are mature. Planning Director Schwartz reviewed the proposed Adrriinistrative Regulations as presented in the draft reso�ution. Discussion ensued concerning maturity. Councilmember Mirsch maved that the City Councii change the word "m�imum" to "expected" in Section 2Q01 as it relates to the tree canopy height and width. Mayor Pro Tem Dieringer seconded the motion. Foliowing fi�rther discussion concerning the "expected" canopy height and width spread, the motion failed with Councilmember Black, Mirsch Wilson and Mayor Pieper opposEd. Cou�ci�member Wilson rnoved that the City Council adopt Resolution No. 1182 adapting administrative regulations interpreting Measure B relating to view preservation a.s amended. Mayar Pieper seconded the motion,which carried with Councilmember Black and Mayor Pro Tem Dieringer opposed. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPQRTS DISCUSSION CONCERNING A RECOMMENDATION FROM THE PERSONNEL COMMITTEE REGARDI'vG FILLING AN UNEXPECTED VACANCY ON THE ROLLING HILLS TR.AFFIC CONIlVIISSION. (ORAL REPOR'T) Mayor Pieper reported that the Personnel Committee discussed the unexpected vacancy on the Rolling Hills Traffic Commission and directed staff to advertise the vacancy in the Citywide newsletter and proceed with the recruitment process to fill the vacancy sa that the position witl be filled by the May meeting of the Tra#fic Commission. OTHER MATTERS FROM THE CITY COUNCIL Mayor Pieper reparted that the Persorinel Committee also discussed the issue of emplayee salary adjustments and the matter wi1� be placed on the Closed Session agenda at a future meeting for discussion and then discussed in open session by the City Council. Mayor Pieper stated that he is hearing resident concern regarding coyotes. Councilmember Wilson suggested that staff address the issue of traffic control when contractors are working in the City so that they be required to remove or make the traffic con#ro� signage not visible in the hours that they are not working. Councilrriember Mirsch asked that a discussion regarding a process for responding to correspondence received be agendized far discussion at futu:re City Council meeting. Mayor Pieper asked that a discussion on a proposed bal�ot rneasure pextaining to view presF;rvation be agendized for discussion at future City Council meeting. Minutes City Council Meeting 03-14-16 -5- � —. ..._ . .---• �.`r.,., --,�:,.--�. _– �_.. �. DRAFri' MATTERS FROM STAFF CONSIDERATION OF PROVIDING ACCURATE COMPENSATION TO THE LAW FIRM JENKINS & HOGIN FQR UNDERPAYMENT FOR LEGAL SERVICES PROVIDED THE CITY OF ROLLING HILLS FOR VIEW IMPAIRMENT CASES FROM MAY OF 2014 TO DECEMBER 2Q 15. City Attorney 7enkins recused himself from discussion on this matter because it relates to his seivices and left the dais. City Manager Cruz presented the stafF report stating that due to billing error, the City Attorney's office inadvertently under billed the City for services related to view impairment cases from May 2014 to December 2015. Following brief discussion, Councilxriember Black moved that the City Council approve an appropriation in the amount of$13,832.90 to accurately compensate Jenkins & Hogin for legal services provided between May 2014 and December 2015 that were billed incorrectly resulting in an underpayment. Mayor Pro Tem Dieringer seconded the motion, which carried without objection. City Attorney Jenkins returned to the dais. CLOSED SESSION None. AD30URNMENT Hearing no further business before the City Council, Mayor Pieper adjourned the rneeting at 9:39 p.m. in memory of long time residents Rosina Baur, Georgia Claessens and Cosirno Occhipinti. An adjourned regular meeting of the City Council is scheduled to be held an Monday,March 21, 2016 beginning at b:00 p.m. at 1$ and 15 Portuguese Bend Road for the purpase of conducting a field trip regarding the appeals of a Committee on Trees and Views decision. An adjourned regular meeting of the City Council is scheduled to be held on Monday, March 28, 2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall,2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, � Heidi Luce City Clerk Approved, ��°-� �,.,� �-_--. - - .. _ Jeff Pieper IV�ayor Minutes City Council Meeting 03-14-16 -6-