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09-12-16 MINUTES OF A REGULAR MEETING OF THE , C�TY COUNCIL OF THE CITY OF ROLLING HILLS,CALIFOIu1TIA MONDAY, SEPTEMBER 12,2016 CALL TO ORDER _ A regu�ar rneeting o�#he 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 Hills, Ca�ifornia. ROLL CALL CouncilmembErs Present: Black, Mirsch,Pieper, Wilson and Mayox Dieringer. Councilmembers Absent: None. Others Present: Raymond R. Cruz, City Managex. Yolanta Schwartz,Planni�t�g Director. Mike 7enkins, City Attorney. Heidi Luce, City Clerk. James Aichele, 14 Crest Raad West. Spencer Karpf, S Maverick Lane. Arvel Wiite, 5 Quail Ridge Road South. Clint Patterson,22 Georgeff Road. Ed Smith, 85 Eastfield Drive. OPEN AGENDA-PUBLIC COMMENT WELCOME Jim Aichele, 14 Crest Road West addressed the City Council to express concern that the Municipa� Code refers ta the Gate Attendants as "Gate Guards"and as such may limit tl�eir authority. He suggested that the Ordinance be changed. The City Council asked Mr. Aichele to provide staff with the specific sections of the MunicipaI Code he is re�erring to so that the matter can be looked into. 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 Consent Calendar causing it to be considered under Council Actions. A. Minutes -Regular Meeting oFAugust 8,2016. RECOIVIlV�NDATION: Apprave as presented. B. Payment o£Bills. RECOMMENDATION: Approve as presented. C. Financial Sta.tement for the Month of July, 201b. RECOMMENDATION: Ap}�rove as �resented. D. A11ied Recycling Tonnage Report for July, 2016. RECOA�VI�NDATION: Receive and file. Councilznember Pieper rnoved that the City Cauncil approve the remaining items on�he consent calendar as presented. Councilmember Wilson seconded the motion, which carried without objection. — COMMISSION YTEMS RE5ULUTI�N N0. 2016-19 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW, CONDITIONAL USE PERNIIT AND VARIANCE FOR GRADING AND CONSTRUCTTON OF A STABLE WYTH COVERED PORCHES, CORRAL, AND A RIDING RING, TO ENCROACH WITH THE RIDIlVG RING INTO THE FRONT SETBACK, AND TO EXCEED THE PERMITTED DISTURBANCE OF 'IT� LOT IN ZONING CASE NO. 904 AT 34 SADDLEBACK ROAD,(DELGADO}. Mayor Dieringer introduced the item and asked for stafPs comments. Planning Director Schwartz reviewed the applicant's request to construct a 1,140 sq. ft. stable, corral and 5,550 sq. ft. riding ring in -1- Zoning Case No. 904 at 34 Saddleback Road and stated that the Planning Commission visited the site twice and approved the project after the project was revised to address the Planning Cammission's initial concerns. She commented that there is an undesignated trail on the property that is used by the equestrian comr�unity and the applicant plans to keep the trail open. Mayor Pro Tem Black moved that the City Council receive and fil�Planning Commission Resolutian No. 2016-19 granting approval of the applicant's request in Zoning Case No. 904 at 34 Saddleback Road. Councilrnember Pieper seconded �e motion, In response to a suggesdon by Mayor Dieringer that the Resolution includes a condition that �he bridle trail be preserved, City Attorney stated that the Ciry Cauncil would need to take the matter under jurisdiction in order ta rnake an substantive changes. Following brief discussion, the motion to receive and file Resolution No. 2016-19 carried without objection. RESOLUTION NO. 201G-20 - A RESOLUTION OF THE PLANNIlVG COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE WITH BASEMENT, GARAGES, COVERED PORCHES, SWINIlVIING POOL WITH A SPA, RETAINING WALLS AND NEW DRYVEWAY; AND REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE AND STABLE WITH LOFT AND CORRAL IN ZONING CASE NO. 902 AT 23 CREST ROAD EAST, (LQT 132A-MS), (HYNES). AND CON�IDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION TO APPROVE A NEW DRIVEWAY APR�N AT 23 CREST RD EAST. Mayor Dieringer introduced the item and asked far staf�s comments. Planning Director Schwartz reviewed the applicant's request to construct a new 11,1000 sq. ft. residence with an 11,100 sq. ft. basement; two, two-car garages; covered parches in Zoning Case No. 9U2 at 23 Crest Raad East. She noted that the approximately 6 acre lot is currently vacant. She further reviewed the applicant's request stating that the applicant alsa proposes to construct a pool and spa as we�l as a guest house and stable and corral She noted that a table showing a summary of the proposed project and the development standards has been placed on the dais for the City Council's consideration. She �uxthex stated that the app�icant also proposes a driveway #o pravide access to the property and that the Traffic Commission reviewed the driveway apron and recommends appro�al. Ms. Schwartz stated that during �he Planning Commission's review of the project, the applicant revised their request in order to address the concem raised with the initial request, inctuding removing any requests for variance. She stated that the Pianning Commission held several public hearings to cansider the case and made two site visits to see the project. She further reviewed the grading, which consists of 51,625 cu. yds. with 13,750 cu. yds of over-excavatian and 13,750 cu. yds of recompaction. She noted#hat 785 cu. yds. will be exported. Ms. Schwartz further reviewed the concerns raised by the neighbors below the proposed project and stated that the correspondence relating to those concems od in included witl� the staff report. She commented that the applicant's engineer has also prepared a hydrology report and provided a general overview of hydrotogy. She commented that in res�onse to concerns raised by the neighbors regarding the drainage the applican�proposed two cisterns an the upper�ad and two cisterns on the lower pad. She fixrther reviewed the developFnent standards statang that the proposed praject meets the development standards. Mayor Dieringer suggested that the applicant provide further clarification with regard to how the cisterns work. Councilmember Pieper maved that fhe City Council take Zoning Case No. 902 at 23 Crest Road East under jurisdiction. Councilmember Mirsch seconded the motion, which carried without objection. The public hearing was scheduled to begin with a site visit to 23 Crest Road East on Tuesday, October 4, 2016 beginning at 7:00 a.m. The City Council directed staff to ask the County engineers ta be present at the public hearing if possibie. PUBLIC HEARINGS None. Minutes City Council Meeting 09-12-16 -2- oLn BusnvEss None. NEW BUSINESS None. - MATTERS FROM THE C�TY COUNCIL AND MEETING ATTENDANCE REPORTS STATUS REPORT FROM THE CITY COUNCIL TREES AND VIEWS AD HOC COMMITTEE ON ITS EFFORTS TO AMEND 'THE VIEW PRESERVATIQN �RDINANCE AND TO P4SS�BLY BRING FORWARD A BALLOT MEASURE TO MODIFY OR REPEAL MEASURE B. (ORAL REPORT) The Committee reported that it is still considering piacing a measure on the ballot to repeal Measure B at the City's General Municipal Election scheduled for Tuesda.y, March 7, 2017 but a defmitive decision has n.ot�et bee�reached because they are still trying to come up with a compromise. Discussion ensued concerning the timeiine for placing a measure on the baIlot. In response ta Mayor Pro Tem Black, City Attomey Jenkins stated that measure should be drafted and placed on the ballot by the City Council's second meeting in November. Mayor Dieringer suggested that if the Committee is considering a measure to repeal Measure B, the vaters should also be given an opportunity to vote on a measure that would amend the View Ordinance to address the problems with Measure B without taking it away. She suggested that two measures be placed on the ballot so that voters have options. In response to the Mayor's suggestion, CouncilmeFnber Mirsch commented that if a compromise can't be �. reached, the Committee's recommendatian to the City Council wilI be to place a measur� on the ballot to repeal Measure B. Counci�nember Mirsch commented that she is not supporti�e of governing by initiative and would prefer that the City Council have the ability to amend the Ordinance to address the concerns without requiring a vote of the electorate. Recognizing that there were members of the public wishing to address this mater, Mayor Diexinger called for camments. Spencer Karpf, 8 Maverick Lane addressed the City Council #o suggest that the ad hoc cammittee be expanded to include additional members of the public and offered ta participate zn the discussions in an attempt to achie�e a compromise regarding the proposed ballot initiative that is being circulated sa that it can be offered to the City Council as an ordinance rather than a baIlot initiative that would be adopted if Measure B is repealed. In response to Mr. Karpf's comment, Councilmember Pieper commented that what Mr. Karpf suggests is what the ad hoc cammittee is attempting to do. Arvel Witte, 5 Quail Ridge Road Sauth addressed the City Council to express concern regarding the retroactivity proviszon in Measure S. In response.to Dr. Witte's commen�, City Attorney Jenkins stated that if Measure B is repealed, the retroactivity portion would also go away. Clint Patterson, 22 Georgeff Road addressed the City Council in support of repealing Measure B. The Committee was asked to report again at the Octaber 10, 201b City Council meeting. OTHER MATTERS FR�M THE CITY COUNCIL Mayor Dieringer suggested that the City Council consider clarifying the Ianguage in the zoning case conditions of approval regarding violation o�the conditions to specificaIly state the construction must cease upon a violatian until the violation is carrected. In response, City Attorney Jenkins commented that Minutes City Council Meeting 09-12-16 -3- Mayor Dieringer's suggestion is consistent with the intent of the secdon and the City Council could direct staff to rnake such a change. The City Cauncil concurred. She further suggested that the no further de�elopment without Planning Commission review be included as a standard condition. In response, Cauncilrnlember Pieper commented that daing so wauld discourage applicants from caming before the Planning Commissian and lead to increase as built situations. Planning Director Schwartz commented that the Planning Cornrnission adds tha� condition on a case-by-case basis. The City Council did not take an action or provide any direction to staff. Councilmember Mirsch commented that she found the report on the supplemental traffic enforcement statistics that was provided to the City Council informative and useful in evaluating the supp�ernental traffic enforcement program. In response to Mayor Dieringer, City Clerk Luce stated that this report is provided for supplement traffic enforcement only. MATTERS FROM STAFF REPORT AND DISCUSS�ON REGARDING ZONING CODE REQUIREMENT THAT UT�L,ITIES BE UNDERGROUNDED UPON RELOCATING OR INCREASING THE ELECTRICAL PANEL SERVICIl�TG A BUILDING OR PARCEL. Planning Director Schwartz presented the staff report, which reviews the history of RHMC Section 17.27.030 that requires the �ndergrounding of utilities when an electrical panel is relocated or increased. Mayor Dieringer suggested that the City Council cansider changing the pmvisior� so that upgrading a �anel does not trigger the undergrounding req�irement when doing so is done to simply address the existing electrical needs of the house and improve safety. City Attorney 7enkins provided additional background on this provision stating that the City Council at the time this ordinance was adopted was very interested in doing what it could to further the undergrounding of utilities and wanted the most aggressi�e ardinance possible to achieve that objective. Discussion ensued concerning the requirement and how it affects properties in the Flying Triangle area of the City where all utilities are above graund. Ed Smith, 85 Eastfield Drive addressed the City Council stating that undergrounding does not improve safety but rather improves aesthetics. Cauricilmember Pieper cornmented that he would not be in favar of changing the requirement. Mayor Pro Tem Black concurred. Following brief discussion, the City Council took no action. The report was received and filed. UPDATE ON THE STATUS OF CALIFORNIA WATER SERVICE COMPANY'S RESPONSE TO THE LETTER SENT BY CITY OF ROLLING HLLS REGARDING WATER BUDGETS AND ASSOCIATED APPEAL PROCE55. (ORAL REPOR� City Manager Cruz reported that on September 9th, the City received a response to the letter that was ser�t to Cal Water regarding water budgets and the appeal process indicating that Cal Water is unable to do anything to address the concerns raised and rejecting the City's request. He stated the next step would be to file an informal complaint with the CPUC and that a draft copy of the complaint form that will be submitted online has been placed an the dais. He furtherer explained the CPUC's comptaint/appeal process and reviewed #he three main points addressed in the City's initial letter to Cal Water. Following discussion, Councilmember Pieper moved that the City Council direct staff to proceed with filing an informal appeal with the CPUC. Mayor Dieringer seconded the motion, which carried without objection. City Manager Cruz reported that at this time, there are not issues of an emergent nature for discussion at the September 26, 201fi City Council meeting so the meeting may be cancelled. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. CLOSED SESSION None. Minutes City Council Meeting 09-12-16 -4- RETURN TO OPEN SESSION None. ADJ�URNMENT Hearing no fi.u�ther business before the City Councii, Mayar Dieringer adjourned the meeting at 8:19 p.m. to an adjourned regular rneeting of the City Council scheduled to be held on Tuesday, October 4, 2016 beginning at 7:00 a.m. a�23 Crest Road East, Rolling Hills, Califorr�ia for the purpose of conducting a site visit to view the applicant's proposed project in Zaning Case No. 902. The next regu�ar meeting of the City Council is scheduled to be held on Monday, October 10, 2016 beginning at 7:00 p.m, in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Ro�ling Hills, California. Respectfully sizbmitted, Heidi Luce City Clerk Approved, ea Dieringer Mayor Minutes City Council Meeting 09-12-16 -5-