07-11-16 MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
C�TY OF ROLLING H�LLS, CALIFORNIA
MONDAY,JULY 11,2016
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Dieringer
at 7:04 p.m. ir�the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hi�ls, Calxfornia.
ROLL CALL
Councilmembers Present: Black*,Mirsch,Pieper, Wilson and Mayor Dieringer. �n�,�dAr�:z�p.m.
Councilmembers Absent: None.
Others Present: Raymond R. Cruz, City Manager.
Mike Jenkins, Ci�ty Attorney.
Yolar�ta.Schwartz,Planning Director.
Terty Shea, Finance Director.
Heidi Luce, City Clerk.
Jill Smith,Former Planning Commissioner.
Hal Light, Attorney(Hassoldt).
Gary Wynn, Wynn Engineering.
Howard Weinberg,Attorney(Nuccion}.
Sid Croft, Attorney(RHCA).
Captain Dan Beringer, LASD, Lomita Station.
Sgt. Tony Blanchaxd, LASD, Lomita Station.
� QPEN AGENDA-PUBLIC C011�IMENT WELCOME
None
CONSENT CALENDAR
Matters which may be acted upon by the City Council in a sing�e motion. .Any Councilmember may
request removal of any item from the Consent Calendar causing it ta be considered under Council Actions.
A. Minutes -Regular Meeting of June 27, 2416.
RECOMMENDATION: Approve as presented.
B. Payment of Bills.
RECOA�VIENDATION: Approve as presented.
Councilrnember Wilsan rzioved that the City Council approve the i�ems on the consent calendar as
presented. Councilmember Pieper seconded the motion, which carried vaithout objection.
SPECIAL PRESENTATiON
Special Presertiation to Jill Smith in recogniiion of her service
to the community as Member of Plattning Commission fram 2007-20I6
Mayor Dieringer preser�ted a plaque to Jil� Smith in appreciation of her service as a member of the
_ Planning Commission for nearly 10 years and thanked her for her dedication and service to the
Community.
Ms. Smith thanked the Ci�y CounciI �ar the recognition and stated that she enjoyed serving on the
Planning Cammission. She urged the City Council to continue to preserve this special comrnunity.
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COMMiSSION ITEMS
RES�LLTTION NO. 2016-15 —A RESOLUTION OF THE PLANNING COMMISSTON OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR
GRADING AND CONSTRUCTION OF A NEW RESIDENCE WITH A BASEMENT,
DETACHED GARAGES, COVERED PORCHES, STABLE, SWIII�IlVIING POOL WITH A SPA,
RETAINING WALLS AND NEW DRNEWAY; A CONDITIONAL USE PERMIT TO
CONSTRUCT A GUEST HOUSE, DETACHED GARAGES, AND STABLE WITH LOFT;
AND VARIANCES TO EXCEED MAXIMUM PERMITTED AVERAGE HEIGHT OF
RETAINING WALLS AND TO EXCEED THE MAXIMUM PERMITTED LOT
DISTURBANCE IN ZONING CASE NO. 901 AT 5 PINE TREE LANE, (LOT 94-RH),
{SHARNG) AND CONSIDERA.TION OF A RECOMMENDATION FROM THE TR.AFFIC
COMMISSION TO APPROVE A NEW DRIVEWAY APRON
Mayor Dieringer introduced the item and asked for staffs comments. Planning Directar Schwartz
reviewed the applicant's request to construct a new residence and other amenities at 5 Pine Tree Lane. She
stated that after review and several change� to the original proposal, the Planning Commission appraved
the request,which includes a new driveway off of Pine Tree Lane and further to the north than the existing
driveway. She stated that t1�e Traffic Commission re�iewed the originally proposed dri�eway apron as for
sight visibility and traffic safety and recommended approval but the applicant has since revised the
driveway approach in response to commen�s from a neighbor and in order to retain some existing Pine
trees; but the revisions have not yet been reviewed by the Traffic Commission. She stated that the Traffic
Commission will review the revisec� �veway apron at its next meeting and its recommendation will be
forwarded to the City Council. She further stated that the existing driveway apron will be retained because
it also serves the property at 3 Pine Tree Lane, but access to the house at 5 Pine Tree from the existing
apron will be eliminated.
She stated that during �the proceedings, the Planning Commission heard general abjections from the
previous property owner of 3 Pine Tree Lane who was primarily concerned about the impact the
development would ha�e on the common dri�+eway; but that concern was alleviated when it was realized
that access to 3 Pine Tree Lane would remain. There were na further concems raised by that individual.
She further stated that following the sale of 3 Pine Tree Lane, the new property owner sent an e-mail to
staff, which is included with this staff report, abjecting in general to the project and subsequently came to
City Hall to review the plans. She stated that the property owner at 10 Pine Tree Lane also expressed
cancern that the silho�ette could be seen from tl�eir property and submiited photographs, which are also
included with the staff report. She stated that also included with the staff report is a lei#er from the
pro�erty owner regarding tl�e project and her carrespondence and contact with the new property owner at
3 Pine Tree Lane.
She further reviewed the project including the grading and developrnent standards which are all within the
Code requirements with the exception of the walls, which require a variance because they exceed the 2.5
ft. average and the disturbance,which also requires a variance.
In response to Councilmember Mirsch regarding the correspondence from the new property owner at 3
Pine Tree Lane, Planning Directar Schwartz s�ated that is it her understanding that he acquired the
property before the Planning Commission appraved the praject but did not attend any Planning
Commission meetings. In response to Mayor Dier�nger, City Attorney Jenkins stated tliat the City Council
�ay not extend its opportunity to take this case under jurisdiction; but if the City Council chooses not to
take tliis case under jurisc�iction,the case may still be appealed.
General discussion ensued concerning the disturbance, the set aside area for the stable and corral and the
driveway access to 3 Pine Tree Lane. Mayor Pro Tem Black arrived and took his place at the dais.
Following discussion, Councilrnember Pieper moved that the City Council receive and file Planning
Commission Resalution No. 2016-15 granting approva� of the applicant's request in Zoning Case No. 901
at 5 Pine Tree Lane and accept the Traffic Commission's recommendation to approve the new driveway
approach. Mayor Pro Tem Black seconded the motion, which carried without objection.
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City Councit Meeting
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PUBLIC HEARINGS
ZONING CASE NO. 884-REVISED. REQUEST FOR A SITE PLAN REVIEW AND
VARIANCES FOR A 300 SQUARE FOOT ADDITION OF WH�CH bl SQUARE FEET
ENCROACHES UP TQ 5.2' INTO THE SIDE YARD SETBACK, AND THE ROOF
OVERHANG ENCROACHES 3.8' INTO THE SIDE SETBACK BEYOND THE MAXYMUM
OF 5' ENCRQACHMENT ALLOWED; TO PROVIDE LESS THAN THE MIlVIMUM
REQUIRED 4'-WIDE WALKWAY ALONG A PORTION OF THE PERIMETER OF THE
RESIDENCE ADDITION AND TO CONSTRUCT A 6' HIGH RETAINING WALL IN SIDE
SETBACK. PREVIOUS PROPOSAL WAS PUBLICLY REVIEWED AT THE CITY COUNCIL
FIELD TRIl' MEETING TO THE SITE ON OCTOBER 25, 2015 AND AT THE REGULAR
CITY COUNCIL MEETINGS ON OCTOBER 26, 2015 AND NOVEMBER 9, 2Q 15. T�
PROJ'ECT IS L4CATED AT 15 PORTUGUESE BEND ROAD, (LOT 78-RH), ROLLIl�IG
HILLS, CA IN THE RAS-1 ZONING DiSTRICT, (HASSOLDT). THE PR�TECT IS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
SECTION 153Q3, CLASS 3 EXEMPTION GUIDELINES.
Councilmember Pieper recused himself from consideration of this case due to the proximity of his
property to the subject property and left the dais. Mayor Dieringer introduced the item and asked for
staff's comments. Planning Director Schwartz reviewed#he background on this case stating that this case
was taken under jurisdiction by the City Co�xncil follawing the Planning Commission's approvai in
September 2015. She stated that the Planning Carnmission approved the applicant's request for a 300 sq.
ft. addition of which b 1 sq. ft. encroaches in�a the side yard se�back and a variance for a 2 ft. access way
with a ramp around the addition. She further reviewed the applicant's request stating that during previous
meeting, the Czty Cauncil expressed concern regarding the 2 ft. access way and suggested that applicant
address this concern. She stated that since the City Council last heard this matter, several versions of this
project were submitted to staff with submittal of this latest version, the applicant is requesting that the City
Council reconsider its decision to not allow the 2 ft. access way around the addition. She reviewed the
cutrent proposal, which includes a flat 2 ft. walkway around the corner of the addition with a 6 ft. wall,
which is located outside the Associatian easement but in the setback requires a variance. She stated that
based an the City Council's previous suggestion to create a 4 ft. walkway around the addition, which
� would require construction of a wall in the Association easement, the applicant presented the propasal ta
the RoIling Hills Community Association. She stated tha� the proposal was approved by the Association
with conditions, which are unacceptable to the app�icant sa the applicant is requesting that the City
Council reconsider the mater, and approve the 2 ft. walkway. Planning Director Schwartz noted
corrections to the staff report with regard to the total square footage - additian 342 sq, ft. (not 322); total
residence 3,971 sq. ft (not 3,951); total lot coverage 10,413 sq. ft. (not 10,273} at 28.5% (nat 28.2%). She
further reviewed tl�e applicant's request stating that all of the other development standards are within the
Zoning Code requirements.
In response ta Councilmember Mirsch regarding the assertion in the lett�r frorn the applicant that ther� is
another property that has a less than 4 ft. walkway around the property, Planning Director Schwartz stated
that staff is unaware of such a canditian. Mayor Pro Tem Black commen�ed that since he has been on the
City Council, a less than 4 ft. walkway has never been approved.
Mayor Dieringer called for public comment.
Hal Light, Attorney addressed the City Councii on behalf of the applicant. Mr. Light distributed copies of
a photograph of the property at 13 Portuguese Bend Road in support of the assertion that there is another
property where a less than 4 ft. walkway exists. In response to Mayor Pm Tem Black, Mr. Light
commented that he does nat know when the wall depicted in the photograph was built. With regard to the
app�icant's request for a variance to allow the less than 4 ft. walkway, Mr. Light commented that the City
received an e-rnail from a Captain at Fire Station 56 indicating that they were okay with the proposed
access. Mr. Light further expressed concern regarding the amount of time this project has taken and urged
the City Cotu�cil to approve the current proposal given that the area where access is onXy 2 ft. in width is
so small and is now flat instead of the ramped configuration.
Gary Wynn, Wynn Engineering addressed the City Council on behalf of the applicant to further explain
the applicarit's revised request stating that he believes this is the best solut�on far this situation. In
response to Mayor Dieringer, Mr. Wynn commerited that in his estimation, 5 ft. of the area would have a 2
ft. walkway. In response to Councilmember Wxlson and Mayor Dieringer, Mr. Wynn sta�ed that he
surveyed the property in 2012 for consideration of the purchase of the property and explained the type of
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City Council Meeting
07-11-�6 -3-
survey that was completed at that time.
Howard Weinbe:rg, Attorney addressed the City Council on behalf of the property owner at 1 S Portuguese
Bend Road and distributed a letter to the City Council. It� response to Mayor Dieringer, Mr. Weinberg
explained that the letter included documents relating to the granting of a license agreement frar� the
RHCA that were just abtained from the Association at 2pm today. Mr. Weinberg commented that the
correspondence shows that applicant could comply with the previous direction to create a 4ft. walkway if
they were willing to accept the conditions outlined by the Associa�ion, but rather they ar'e coming back
and requesting that the City Council appro�e a variance to allflw a 2 ft. walkway. Mr. Weinberg
commented that he c�oes not believe the City Council can make the findings to grant the variance to allow
the 2 ft. walkway. He further commented that he believes that if the variance is to be considered then the
project would be subject to CEQA review. In response to Mayor Dieringer,Mr. Weinberg commented that
it would not be appropriate for the Nuccions to contribute rnonetarily to the condition imposed on the
Hassoldts by the Association.
Mr. Light addressed the City Council in response to the correspondence submitted by Mr. Weinberg to
further explain the Hassoldt's position.
Sid Croft, Attomey addressed the City Council on behalf of the Rolling Hills Community Association to
explain the granting of the lice:nse agreement and the conditions that were imposed. In respanse to Mayor
Dieringer,Mr. Croft further explained the reasoning behind the conditions.
Hearing no further pub�ic camrnent,Mayor Dieringer closed the public hearing.
In response to Mr. Light's comment regarding the Station 56 Captain's comments regarding tY�e proposed
2 ft. access Planning Director explained tha� although the scope o�this praject did not trigger Fire Dept.
review for Fire Code requirements, the comments �y a �ocal Fire Captain are just an opinion and should
not be construed as acceptable or safe. She further commented that were this project of such a scope that it
would tri.gger Fire Dept. review,the Fire Dept. would require a 5 ft. walkway.
With regard#o the CEQA review issue raised by Mr. Weinberg, City Attorney Jenkins stated that staffhas
determined this project is categorically �xempt and the Supreme Cout� recently issued an opinion on the
subject of exceptional circumstances concluding that it is very difficult to avercome a categorical
exemption and the ob�eci�.or must prove factually that there is an unusual circumstance warranting further
environmental review. City Attorney Jenkins further commented, with regard to the subject of hardship,
the applicant cannot demonstrate hardship by showing economic hardship and further reviewed the criteria
for granting a variance. Discussion ensued concerning the applicant's reliance on an old survey and the
original suggestion that the Pine tree be remo�ed. Mayar Dieringer commented that she would not be
supportive of inciuding a candition that the Pine tree be removed. Councilmember Mirsch commented that
she believes�he City Council has been very�reasonable and has attempted to come to a fair and reasonable
solution but there appears to be inflexibility on the part of he applicant. She further cornmented thai she
still does not believe the findings can be made to support granting#he variance�o allaw a 2ft. walkway.
Following brief discussion, Mayor Pro Tem Black moved that the City Council direct staff to prepare a
Resolution appro�ing the variance to encroach into the side yard setback with a portion of the 300 sq. ft.
addition; and denying the request for a variance to provide less than the minimum required 4 ft. wide
walkway alang a portion of the perimeter af the addition with the findings of fact as discussed and with a
condition that the Pine tree located r�ear the southern properry line be remaved if the retaining wall is built
in the RHCA easement. Councilmember Wilson seconded the motion, which carried with Mayor
Dieringer opposed. The public hearing was closed. Councilmember Pieper returned to the dais.
OLD BUS�NESS
CONSIDERATION OF AN INCREASE IN THE FY 1b/17 BUDGET FOR SUPPLEMENTAL
TRAFFIC ENF�RCEMENT.
Mayar Dieringer introduced the item and asked for staf�s cornments. City Manager Cruz presented the
staff repart and pro�ided an o�er�+iew of the background on this issue. He stated that the traffic citation
statistics are included in the staff report and Captain Beringer is present to answer any questions.
Discussion ensued concerning the number of enforcement hours the City currently receives and the cost of
the supplemental traffic enforcement.
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Captain Beringer explained that in addition to traffic en�orcement, a benefit of having additional patrol
vehicles in the City is that they also serve as deterrence to crime. Sgt. Blanchard explained the difference
between general patrol �ours and supplemental tra�f'ic enforcement hours stating that general patrol cars
are in and out of the City at random times and can be called away; whereas, supplemental traffic
enforceznent cars are in the City for a fixed amount of time and can be directed to provide whatever type
of patrol the City needs. Discussion ensued concerning enforcement strategies and deployment options.
Further discussion ensued cancerning the number of general pa�rol hours the City has historically received
as compared to the number of supplemental traff c enforcement hours the City has contracted fox.
Following further discussion, Councilmember Mirsch moved that the City Council add 100 hours to the
City's agreement witl� the Los Angeles County SherifPs Dept. for supplementa� traffic enforcement for �
total of 275 hours. Mayor Dieringer secanded the motion, which carried without objection.
NEW BUSINESS
DISCUSSION CONCERNING THE CONSIDERATION OF CHANGING THE RATE FOR
THE CITY OF ROLLING HILLS BUILDING PERM�T RELATED FEES.
Mayor Dieringer introduced the item and asked for staf�s comments. Finance Director Shea presented the
staff report arid explained the background on this matter stating that this issue has been discussed by the
Finance Com�nittee during the budget preparation process over the last couple of years and is being
brought before the City Council for further d'zscussion. Mr. Shea revi�wed the revenue generated from
permit related fees compared to the cost associated with pro�iding those services stating that the expenses
were greater than the revenue generated. He then reviewed a table shawing the impact that decreasing �he
mu�tiplier would ha�e on revenue stating that decreasing the multiplier by .25% would decrease the
revenue by app�oximately $SO,OOU. Discussion ensued concerning praperty tax revenue and the impact
increased property val�es have on properry tax revenue.
Following discussion, Mayor Dieringer moved that the City Council leave �he multiplier rate for building
permit related fees as it currently exists at 2.5%. Councilmernber Mirsch seconded the motian, which
carried wifih Councilmember Pieper and Mayar Pro Tem Black apposed.
MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
Mayor Pro Texn Black expressed concern that hikers attempt to access the City through the adjacent trail
system and suggested that signs be installed to let hikers know it is private properry. City Attorney
Jenkins cammented that because it is pri�ate praperty, it would not be a proper public purpose or expense
for the City to install signage.
Councilmember Wilson suggested that when the Sheri£fls Dept. is present to address a particular agenda
item that the item be moved earlier on the agenda. He also expressed concern that when Edison replaces
utility poles,they are leaving the other poles in place and the poles contain unsigh�ly markings.
Councilmember Pieper suggested that a Sna.pChat filter be created for the City of Ralling Hills and stated
that his company could create the filter at no cost to the City. City Attorney Jenkins suggested that
Councilmember Pieper agendize this matter for further discussion if he would like to pursue it.
MATTERS FR4M STAFF
City Manager Cruz reminded the City Council that this Thursday, July 14�', the City is hosting the first
Comrnunity Wildfire Protection Plan commuriity meeting at City Hall. Staff was directed to place signs at
the gates ta remind residents about the meeting.
PUBLIC COMMENT ON CLOSED SESSIQN�TEM5
Nane.
CLOSED SESSION
None.
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RETURN TO OPEN SESSION
None.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Dieringer adjourned the meeting at 9:56 p.m.
to the rzext regular meeting of the City Council scheduled ta be held on Monday, July 25, 2Q16 beginning
at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
Respectfully subrnitted,
Heidi Luce
City Clerk
Approved,
�
ea Dieringer
Mayor
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