08-22-16 MINUTES OF
A REGULAR MEETING
�F THE
CITY COUNCIL OF THE
CITY OF ROLLING ffiLLS, CALIF�RNIA
MONDAY,AUGUST 22,2016
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Dieringer
at 7:00 p.m. in the City Council Chamber at City Ha11, 2 Portuguese Bend Road, Rolling Hilis, California.
ROLL CALL
Counci�rnembers Present: Black',Mirsch,Pieper, Wilson and Mayor Dieringer. '�r�r�us:�rer Rou cQu
Councilmembers Absent: None.
Others Present: Raymand R. Cruz, City Manager.
Mike Jenkins, City Attorney.
Terry Shea, Finance Directar.
Heidi Luce, City Clerk.
Gary Wynn,Wynn Engineering.
Dan Artnendariz, District Manager, California Water Service Compar�y.
Ramona Ci, 46 Eastfield Drive.
Alya Lucas, 4 Open Brand Roadl22 Portuguese Bend Road.
Jirn Aichele, 14 Crest Road West.
OPEN AGENDA-PUBLIC CONIlVIENT WELCOME
None.
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 the Conser�t Calendar causing it to be considered under Cauncil Actions.
A. Minutes -Regular Meeting of August 8,2016.
RECONIlVIENDA7.'ION: Approve $s presented.
B. Payment of Bills.
RECONIII+�NDATION: Approve as presented.
C. Financial Statement for the Month of July, 2016.
RECOMMENDATION: Approve as presented.
D. Allied Recycling Tonnage Report for July,201b.
RECOMMENDATION: Receive and file.
Mayor Dieringer asked that Item 4A be remo�ed from the Consent Calendar for individual cansideration.
Hearing no ob3ection, she so ordered.
Councilmember Pieper moved that the City Council approve the rernaining items on the consent calendar
as presented. Mayor Pro Tem Black seconded the rnotion, which cariried without objection.
A. Minutes -Regula�r Meeting of August 8,2016.
RECOMMENDATION: Approve as presented.
� Following discussion concerning the cantent of the minutes specifically related to the details of the
discussion that ensued during the oral report from the Trees and Views ad hoc committee, and noting a
typographical error on pg. 10 where the word "future" was misspelled, Mayor Dieringer moved that the
minutes be amended to add the discussion that was not represented regarding the specific options the
Committee was considering. The mafxon died for lack of a second. Councilmember Wilsan moved that the
City Council approve fhe minutes of the regular meeting of the City Council held on August 8, 2016 as
amended to correct the typographical error. Councilmember Pieper seconded the rnotion, which carried
with Mayoz Dieringer opposed.
C011�VIISSION ITEMS
None.
-1-
PUBLIC HEARINGS
CONSIDERATION OF AN APPEAL OF THE CITY OF ROLLING HILLS PLANNFNG
COMMISS�ON'S DECISION IN ZONING CASE NO. 901 AT 5 PINE TREE LANE AS
REFLECTED IN PLANNING COMMISSYON RESOLLTTION NO. 2016-15.
AND CONSIDERATION OF A RESOLUTION:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RQLLING HILLS
UPHOLDING THE PLANNING COMIvII�SION'S APPROVAL OF A SITE PLAN REVIEW
FOR GRADING AND CONSTRUCTI�N OF A NEW RESIDENCE WITH A BASEMENT,
DETACHED GAR.AGES, COVERED PORCHES, STABLE, SWIMMING POOL WITH A SPA,
RETAINING WALLS AND NEW DRIVEWAY; A CONDITI�NAL USE PERMIT TO
CONSTRUCT A GUEST HOUSE, DETACHED GARAGES, AND STABLE WITH LOFT;
AND VARIANCES TO EXCEED MAXIMUM FERMITTED AVERAGE HEIGHT OF
RETAINING WALLS AND TO EXCEED THE MAXIMUM PERNIITTED LOT
DISTURBANCE IN ZONING CASE NO. 901 AT 5 PINE T'REE LANE, (LOT 94-RH),
(SHARNG).
Mayor Dieringer introduced the item and asked for staf�s comments. City Manager Cruz re�iewed the
applicant's request to construct a new residence and ancillary structures in Zoning Case No. 901 at 5 Pine
Tree Lane. He reviewed �he background on tlte case stating that the Planning Commission adopted a
Reso�ution approving the project on June 21, 2016 and the City Council received and filed the report on
this case on June 11, 2016. He further stated that�he Planning Commission's decision was then appealed
by Mr. Keith Murphy, 3 Pine Tree Lane and the City Council, at its August $, 2016 meeting held a public
hearing to consider the appeal at which time after public testimony, discussian and consideratian, the City
Council directed staff to prepare a Resolution upholding the PIanning Commission's decision. He further
reviewed the stafF report stating that incl�ded with the staff report is a Resalution upholding the Planning
Commission's decision ta approve the project for the City Council's consideration a�ong with an
additional carrespondence from Mr. Murphy. In response ta Mayor Pro Tem Black, City Clerk Luce
canfirmed that the resolutian presented for consideration reflects the same project and conditions that was
appro�ed by the Planning Commission. Mayor Pro Tem Black stated for the record that he reviewed the
minutes from the August 8, 2016 public hearing on this matter.
In response to Mayor Dieringer regarding the comments contaaned in Mr. Murphy's letter pertaining to his
assertion that the fmdings canstitute a guarantee that the project will not b� injurious to his property, City
Attorney Jenkins commented that Mr. Murphy misapprehends how California law warks and is
misreading the language. He further stated that the language in Section 7C of the Resolution that affizms
the £'mding that the variance requested is not injurious to the neighboring property is not a representation
as to whether or not there wili be physical injury but rather that the deviation from the normal City
standards will not be injurious to neighboring properties. He further commented that California law is
clear that the City is immune from liability in damages for the City Cauncil's discretionary acts. With
regard to Mr. Murphy's additional assertion that a councilmember at the pre�ious meeting implied the he
should not have filed and appeal because the Planning Commission thoroughly scrutinized the application,
Mr. Jenkins stated that if such a comment was made, it is an individual Counci�member's opinion and
there is nothing detrimenta� about expressing an opinion; but in his opinion, that comment was not meant
to suggest that a person who feels aggrieved by the Planning Cammission should not file an appeal. He
stated that everyone has a r�ght to file an appeal.
In response to Counci�member Mirsch regarding Mr. Murphy's suggestion that r�eighboring properties in
escrow be notified of de�elopment projects, City Clerk Luce commented that public notice is mailed to
property owners within a 1,000 ft. radius of the }�roperty. City Attorney Jenkins further commented that
there are many opportunities for a potential buyer to become informed abaut a development project that
may be near the praperty they are considering, including requesting to be added to the notification list; but
the City does not have a way to ascertain what properties are in escrow.
Mayor Dieringer called for public camment. Hearing none, she closed the public hearing.
Councilmember Pieper moved that the City Council adopt Resolution No. 1188 uphoiding the Planning
Commission's decisian in Zoning Case No. 901 at 5 Pine Tree Lane. Mayor Pro Tem Black seconded the
mofion,which carried witl�out objection by a rall call vote.
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City Council Meeting
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ZONING CASE NO. �8U-REV�SED. REQUEST FOR A SITE PLAN REVIEW AND
VARIANCES FOR A 300 SQUARE FOOT ADDITIQN OF WHICH 61 SQUARE FEET
ENCROACHES UP TO 7.5' INTO 'THE SIDE YARD SETBACK, AND THE EAVES
ENCR4ACH 4' INTO THE SIDE YARD SETBACK BEYOND THE MAXIMUM OF 5'
ENCR�ACHMENT ALLOWED; TO CONSTRUCT AN UP TO 7' HIGH 32' LONG
RETAINING WALL WHICH WOULD NOT AVERAGE OUT TO 2.5' IN HETGHT AND
WHICH WOULD ENCROACH 12.5' INTO TI� SIDE YARD SETBACK. PREVIOUS
PROPOSALS WERE PUBLICLY REVIEWED AT THE CITY COUNCTL FIELD TRIP
MEETING TO THE SI'TE ON OCTOBER 26, 2015 AND AT THE REGULAR GITY COUNCIL
MEETINGS ON OCTQBER 26, 2015, NOVEMBER 9, 2015, JANCJARY 11, 2016 AND JULY
11, 2016. THE PROJECT IS LOCATED AT 15 PORTUGUESE BEND ROAD, {LOT 78-R�,
ROLLING HILLS, CA IlV THE RAS-� ZONING DISTRICT, (HASSOLDT}. THE PRO�ECT IS
EXEMPT FROM THE CALIFORNIA ENVYRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO SECTION 15303, CLASS 3 EXEMPTION GUIDELINES
AND CONSIDERATION OF A RESOLUTION:
A RESOLUTION OF THE C�TY COUNCIL OF THE CITY 4F ROLLING HTLLS
APPRQVING A VARIANCE TO ENCROACH INTO THE REQUIRED 20-FOOT SIDE-YARD
SETBACK WITH EAVES AND BY 61-SQUARE FEET, DUE TO A 300-SQUARE FOOT
ADDIT�ON; APPROVING A MODIFIED SITE PLAN REVIEW FOR A RETAINING WALL
GREATER THAN THREE FEET IN HEIGHT AND VARIANCES T4 ENCROACH INTQ THE
REQUIRED 20-FOOT SIDE-YARD SETBACK BY 12.5 FEET, DUE TO A SEVEN (7) FOOT
HIGH RETAINING WAL.L THAT DOES NOT AVERAGE OUT TO 2.5 FEET IN HEIGHT;
AND ACKNOWLEDGING THE WITHDRAWAL OF A SITE PLAN REVIEW AND
VARIANCE TO CONSTRUCT A 5-FOOT HIGH WALL AND A 2-FOOT FLAT WALKWAY
AR4UND THE BUILDIlVG ADDITION IN ZONING CASE NO. 880 AT 15 PORTUGUESE
BEND ROAD (LOT 78-RH}, ROLLING HILLS CA, (HASS4LDT}.
Councilmember Pieper recused himsel#' from consideration of this case due to �he proximity o£ his
property#o the subject property and left the dais.
Mayor Dieringer introduced the item and asked for staff's comments. City Manager Cruz reviewed
backgraund and history on this case sta�ing that this matter was last befare the City Counci� on July I1,
2016 at which time the applicant was proposing a shorter retaining wail in the setback and requesting a
variance to aIlow a 2ft. rather than the 4ft, ret�uired walkway around house and the City Council at that
time, directed staff to prepaxe a resolutian partially approving and partially denying the applicant's
previous request — specifically denyang the request to ailow a 2ft. rather than the 4ft. required walkway
around house. He commented that at a previous meeting the City Council indicated that they would
consider a propflsal that included � higher retaining wail to encxoach further into the s�de yard setback if
such construction resulted in a 4 ft, wide walkway around the addition. He stated that after the July 11�'
meeting, the applicant has submitted revised request. He further reviewed the current proposal be�ore the
City Council, which includes a 32 ft. long and up to 7 ft. high retaining wall, which encroaches up to 12.5
ft, into the side yard setback for a short distance; and provides the minirnurn 4 ft. walkway az�ound the
addition. He fut�her commented#hat the Rolling Hills Community Association has granted the applicant a
license agreement to construct the wall in the side easement and the Architectural Committee has
a�proved the addition. He stated that staff has prepared a draft resolution granting approval of the
applicant's revised project for the City Council's consideration after the public hearing. He further
commented that a letter was received fram Mr. Weinberg on behalf of the Nuccions at 18 Portuguese
Bend Road after the agenda packets were distributed and the letter has been placed on tlie da.is.
Mayor Dieringer called for public comment.
� Gary Wynn, Wynn Engineering addressed the City Cauncil to further explain the applica.nt's revised
request and to request that the City�ouncil adapt the Resolutian approving the request.
In response to Councilmember Mirsch regarding the assertion on page 5 af Mr. Weinberg's letter that Mr.
Wynn had previously expressed an opinion that there may stability issues if the wa11 is moved further into
the setback, Mr. Wynn stated that a sails engineer has been retained and it has been ascerta.ined that the
wall can be built safely from an engineering standpoint and he is not concemed about the stability.
Discussion ensued regarding the locatian and construction of the wal� and the slope stability.
Hearing no �'urther public comment. Mayor Dieringer closed the public hearing.
Minutes
City Council Meeting
as-�z-16 -3-
With regard to the issues raised in Mr. Weinberg's letter, City Attorney renlcins clarified that ordinarily
during discretzonary review, the City does nat delve into the soils or geotechnical condition issues and
those technical issues that are typically covered by the County of Los Angeles when it does its technical
review for issuance of permits. He stated that during the County's revi�w, if there were existence of such a
condition, building permits would not be issued. He further stated that the City would typically only ask
for additional information or further study where there is I�owledge of an instability issue in the �icinity
or on the property itself.
In r�sponse to the issues raised in Mr. Weinberg's letter regarding the California Environmental Quality
Act {CEQA), City Attorney Jenkins s�ated that Mr. Weinberg asserts thraugh hypothetical situations and
questions that the project will have a significant adverse impact on the environment, but submits no
e�idence of such impact. Further, with regard to the issue raised regarding the project req�xiring Fire
Department review, City Attorney Jenkins commented that the project is not of such a scope to trigger the
requirement for review by the Fire Department. He stated that he has reviewed the letter and he does not
believe there is merit to the points raised in the letter. He �urther stated that the City Council's decision is
simply whether it can make the findings for a variance.
Mayor Pro Tem Black maved that the City Council adopt Resolution No. 1189 granting approval of the
applicant's request in Zoning Case No. 8$0-REVISED at 15 Portuguese Bend Road as presen�ed.
Councilmember Wilsor� seconded the mofiion, which carried without objection by a roll call vote.
Councilmember Pieper returned to the dais.
Recognizing that there were several members of the public present regarding Item l OB pertaining the draft
letter to California Water Service compa�ny regarding its water budget appeal process, Mayor Dieringer
suggested taking the matter out of order. Hearing no objection she so ordered and asked if any
representatives from Cal Water are present. Dan Armendariz, District M�nager for Rancho Dominguez,
California Water Service Company identified himself as present.
MATTERS FROM STAFF
REVIEW AND APPROVAL OF A DRAFT LETTER TO CALIFORNIA WATER SERVICE
COMPANY REGARDING ITS WATER BUDGET APPEAL PROCESS.
Mayor Dieringer introduced the item and asked for staf�s comments. City Manag�r Cruz reviewed the
background on water budgets and the water budget appeal pracess, He stated that based on direction given
at the last meeting, staff has prepared a draft letter to be sent to California Water Service Company (Ca�
Water) regarding the water budget appeal process for the City Council's consideration; and since the last
meeting, an e-mail was recei�ed from Cal Water which indicates that since the Sta.te has suspended its
rnandates, Cal Water will not be considering any issues related t6 appeals. He reviewed the points raised
in the letter including the actions requested, which are as follows: utilizing prior custorner water-usage
information in order to determine the base allocation for the parcels belonging to persons who came to
reside in #1�e City following January 1, 2013 (a sample of whose documentation has been enclosed
herewith along with a list of all residents who moved to the City a.fter January 1, 2013); and providing an
individualized water budget for these properties using aerial imagery and GIS analysis; and reimbursing
these residents far any impropex surcharges re,�ulting from Cal Water's inaccurate water-budget
calculatians and allacations during the entire surcharge period, starting from June 2015. He further stai�ed
that the letter asks for a response by September 9�' and stated that if a response is not received, the City
may consider all courses af action available including sub�nitting an appeal to the California Public
U#ilities Comrnission. Mayor Dieringer further revievsred the issues related to the appeal process and
suggested including in the letter the issue regarding the inequities of the process and the fact that an unfair
standard was applied.
Mayor Dieringer called for public comment.
Ramona Ci, 46 Eastfield Drive addressed the City Council stating that they purchased the property in 2Q14
but the standard used to set the water budget baseline was unfair. She stated that she would submit
documents in support of her complaint.
Alya Lucas, 4 Open Brand Road/22 Portuguese Bend Road addressed the City Council stating that they
too experienced an unfairness in setting their water budget and provided documents to staff in support of
their complaint.
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City Council Meeting
08-22-16 -4-
Mayor Pro Tem Black asked Mr. Armezadariz to respond to the public comment.
Dan Armendariz, District Manager, California Water Service Company stated that h� did not came
prepaxed to address specific situations; but although the formal appeal process is closed, they want to heax
what's gaing on ar�d do the best they can.
Jim Aichele, 14 Crest Road West expressed concern regarding the safety of the asbestos pipes that
California Water Se�vice Company uses to supply water.
In response to Mr. Aichel�, Mr. Armendariz stated that Ca� Water would be willing ta provide an
overview of its main replacement program at a future City Council meeting.
Following discussion concerning the content of the letter, Councilmember Pieper moved that the City
Council approve the letter to California Water Service Company regardi.ng its water budget appeal process
and direct the City Manager to send the letter to Cal Water. Mayor Pro Tem Black seconded the motion,
which carried without objecYion. The City Co�cil further directed staffto begin drafting the appea� to be
submitted to the California Pub�ic Utilities Commission regarding this issue in the event the City does not
receive a favorable response from California Water Service Cornpany.
Mayor Dieringer sugges#ed also taking Item 10A regarding the quarterly investment report out of order.
Hearing no abjection she so ordered.
QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QU.A,RTER ENDING
JUNE 30, 2016.
Mayor Dieringer introduced the i#em and asked for staffls comments. Firiance Director Shea reviewed the
investmEnt report for the quarter ending June 30, 2416 stating that the current quarter's active deposits is
$6.$6 �nillion with a yield of .fi01%. He further sta,ted that the balance in the City's Ca1PERS CERBT
OPEB Irrevocable Trust is $513,094.
Following brief discussion concerning the City's OPEB investrnent and options for funding the City's
unfitnded pension liability, Councilmember Pieper moved that the City Council receive and file the
investment report for the quarter ending June 30, 2016. Mayar Fro Tem Black seconded the motion,
which carried without obj�ctaon. The Ciry Council fi�rther directed sta.ff to schedule a rneetang with the
FinanceBudgedAudit Cornmittee for the pwrpose of discussing options for funding the City's unfunded
pension liab2lity.
OLD BUSINES5
None.
NEW BUSINESS
None.
MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
CONSIDERATION OF A RECQMMENDATION FROM THE PERSONNEL COMMITTEE
FOR AN APPOIlVT'MENT TO THE PLANNING COMMISSION.
_ Mayor Dieringer introduced the item and asked £or a report from the Personnel Committee.
Councilmember Pieper reported that that the Committee interviewed two capable candidates to fill the
Planning Commission vacancy and after lengthy deliberation on the matter, recommends the appointment
of Matt Seaburn.
Mayor Dieringer disclosed that she attended the Personnel Committee meetings but did not participate.
She expressed concern that because Mfr. Seaburn live cIose in proximity to an existing Planning
Commissioner,t.�ie�re may be an issue achieving a quor�m in cases where the app�icant's property is within
500 ft, of the two commissioners and both have to recuse themselves fram the case.
Discussion ensued concerning the point raised by Mayor Dieringer. Councilmember Pieper commented
Minutes
City Council Meeting
08-22-16 -5-
that he believes it is important that the Planning Commissioners continue to maintain the character of the
Community and the Comrriittee be�ieves that Mr. Seabur� is the best candidate to achieve t�iat objective.
He stated that he does not believe there will be many, if any cases for which both Commissioners would
have to recuse themselves. Fu�ther discussion ensued concerning the length of time the applicant's have
lived in the City. Mayar Dieringer further expressed concern that Mr. Seaburn has nat lived in the City
very long. She further cammented that she believes Dr. Schaye is a more long-term, engaged resident and
would provide better balance on the Commission. Councilmember Mirsch commented that during its
de�iberation, the Personnel Com;nittee discussed at leng�h all of the issues being raised, and carne to the
conclusion the Mr. Seaburn is the best candidatc:to fill the position at this time.
Following discussion, Councilmember Pieper moved that the City Council appoint Matt Seaburn to serve
on the Rolling Hills Planning Commissian for the remainder of the unexpired term. Councilrnember
Mirsch seconded the motion, which carried by roll call vote with Mayor Pro Tem Black and Mayor
Dieringer opposed.
UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT
COMMITTEE MEETING HELD ON AUGUST I 1, 2016. {ORAL REPORT)
Mayor Dieringer provided an update fram the August 11, 201b Palos Verdes PeninsuIa Regional Law
Enforcement Committee meeting stating that there was a temporaty adjustment made to the contract
because the motor deputy was prornoted and the funds will be used for general patrol instead. She also
provided an update on the Automated License Plate Recognition (ALPR) camera project as well as a
recent trend in �ehicle burglaries where an electronic device is being used to unlack locked vehicles and
mail theft.
DISCUSSION CONCERNING SCHEDULING A JOINT MEETING BETWEEN THE CITY
COLJNCIL AND PLANNING COMMISSION. (ORAL REPORT)
City Clerk Luce reported that after polling�he Planning Commissioners,the only dates for which all of the
City Council and Planning Cammission are available for the joint Fneeting is Tuesday, No�ember lg{or
Wednesday, November 2°d. Following brief discussion, the City Co�ncil directed staff to proceed with
scheduiing the joint meeting for November 15t at 6:30 p.m.
QTHER MATTERS FROM THE CITY COUNCIL
Mayor Dierigner suggested that the City agendize a discussion regarding the Zoning Code requirement
that utilities be undergrounded when a property owner upgrades an electricai panel. The City Council
directed staff to agendize the matter for discussion at a future City Council meeting.
Councilmember Pieper reported that the proponents of the propased view initiative are holding a town hall
meeting on September 14 .
Co�,tncilmember Mirsch suggested that �he City Counci� agendize a discussion regar�ing the drains on
Crest Road (between Southfield Drive and Portuguese Bend Road) specifically, who is responsible for
thern. The City Council directed staff to agendize the matter for discussion at a future City Council
meeting.
MATTERS FROM 5TAFF continued
CONSIDERATION OF CHANGING THE ASSOCIATE PLANNER POSITION TO
ASSTSTANT PLANNER IN ORDER TO INITIATE RECRUITMENT FOR POSITION.
Mayor Dieringer in�'oduced the item and asked for stafPs camments. City Manager Cruz presented the
staff report pertaining to chariging the Associate Planner positian to Assistant Planner so that the
recruitment process can be initiated. He explained the challenges associated with the last recruitment and
stated that changing the position #o Assistant Planner and keeping the salary range the same will be more
attractive to prospective candidates. Mayor Pra Tem Black expressed concern that the staff report referred
to the City's benefits as mediocre and commented that the he believes that City provides good benefits to
its employees and has their long-term best interest in mind. Councilmember Pieper suggested that the City
continue to allocate the maximum allowed hours to the part-time planner position during the recruitment
process as well as during the training of the new Planning Assistant.
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City Council Meeting
08-22-16 -6-
Following discussion, Councilmember Pieper moved that the City Council approve changing the title of
the planning positian to Assistant Planner. Mayor Pro Tem Black seconded the motion, which carried
without objection.
PUBLYC COMMENT ON CLOSED SESSION�TEMS
None.
CLOSED SESSION
None.
RETURN TU OPEN SESSION
None.
ADJOURNMENT
Hearing no further business before the City Council, Mayar Dieringer adjaurned the meedng at 9:07 p.m.
The next reg;ular meeting of the City Council is scheduled to be held on Monday, September 12, 2016
beg�inning at 7:00 p.m. in the City Counci� Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills,
Catifornia.
Respectfully submitted,
' �� :�
� 7@r
Heidi Luce
City Clerk
Approved,
�
Bea Dieringer
Mayor
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City Council Meeting
08-22-16 -'7_