10-10-16 1VIINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HII1LS, CALIFORNIA
MONDAY,OCTOBER 10,2016
CALL TO ORDER
__ A regular meeting of�he City Council of the City of Rolling Hills was cailed to orde�r by Mayor Dieringer
at 7:10 p.m.' in the City Counci2 Chamber at City Hall, 2 Portuguese Bend Raad,Rolling Hills, California.
*The delay irr starttng was ta allow the City Counci!time to review the correspondence that wus submitted c�ter the agerrda packets were prepared.
ROLL CALL
Councilmernbers Present: Black,Mirsch,Pieper, Wilson and Mayor Dieringer.
Councilmembers Absent: None.
�thexs Prresent: Raymond R. Cruz, City Manager.
Yolanta Schwartz,Planning Director.
Mike Jenkins, City Attorney.
Heidi Luce, City Clerk.
William Hassoldt, 10 Pine Tree Lane.
Dan Bolton,Bolton Engineering.
7im Partridge, fi7 Porluguese Bend Road.
Terry Rhodes, 63 Porluguese Bend Road.
Tom Hynes, 23 Crest Raad East(property ovvner).
Heidi and John Mackenbach, 56 Porluguese BEnd Road.
Robert O'Shea, 3 Running Brand Raad.
Howard Weinberg,Attorney(23 Crest Road East).
�� OPEN AGENDA-PUBLIC CO1VIlI�NT WELCOME
William Hassoldt, 10 Pine Tree Lane addressed#he City Council to express concern regarding grading of
the area around the pool at 18 Portiaguese Bend Road and provided photographs of the area. City Manager
Cruz stated that staff would provide the City Council with a memo in response to the concern raised.
CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motian. Any Councilmember may
request removal of any item from the Consent Calendar cau�ing it to be considered under Councii Actions.
A. Minutes -Regular Meeting of 5eptember 12,2Q16.
RECOMMENDATION: Apprave as presented.
B. Payment of Biils.
RECOMMENDATION: Approve as presented.
C. A11ied Recycling Tonnage Report for August,2Q16.
RECONIlI�NDATION: Receive and file.
Mayor Pro Tem Black moved that the City Council approve the items on the consent calendar as
presented. Councilmember Pieper seconded the motion,which carried without objection.
CONIlI�IISSION ITEMS
RESOLUTION NO. 201G-21. A RESOLUTION OF THE PLANNING CONIlVIISSION OF THE
CITY OF ROLLING HILI,S GRANTING APPROVAL OF A SITE PLAN REVIEW FOR A
COVERED PORCH WITH AN OUT-OF-GRADE CONDITiON AND ACCESSORY
STRUCTURES, AND A VARIANCE TO ENCROACH WITH A SET ASIDE AREA FOR A
STABLE AND CORRAL INTO 'THE SIDE SETBACK, INCLUDING WITH A PORTION OF
AN EXISTING SHED IN ZONING CASE NO. 909 AT 7 SOUTHFIELD DRIVE, (LOT 4-SF},
ROLLING HILLS, CA(KLERMAN).
Mayor Dieringer introduced the item and asked for staf�s comments. Planning Director Schwartz briefly
reviewed the applicant's request to construct 700 sq. ft. porch, a portion of which is to be constructed out
-1-
of grade. She stated that the applicant is also requesting a variance to create a set aside area for a future
stable and corral in the side setback; and to legalize and retain a previously constructed shed. She further
stated that tl�e Planning Commission approved the applicant's request. Councilmember Mirsch noted that
she attended the site visit and the meeting regarding this cas�.
Councilmember Pieper moved that the City Cauncil receive and file Planning Commissian Resolution No.
2016-21 granting approval of the applicant's request in Zoning Case No. 909 at 7 Southfield Drive.
Councilmernber Wilson seconded the motion,which carried without objection.
PUBL�C HEARINGS
ZONING CASE NO. 902. REQUEST FOR A SITE PLAN REVTEW FOR THE
CONSTRUCTION OF A NEW 11,100 SQUARE FOOT RESIDENCE, WITH 11,�00 SQUARF
FOOT BASEMENT, 1,540 SQUARE FEET ATTACHED GARAGES, 2,654 SQUARE FEET
COVERED PORCHES, 864 SQUARE FOOT SWIlVIlVLING POOL AND SPA, TRELLISES,
NEW DRIVEWAY AND AN OUTDOOR KITCHEN AND GRADING FOR A TOTAL OF
S 1,b25 CUBIC YARDS OF DFRT, WHICH INCLUDES OVER-EXCAVATION AND RE-
COMPACTION; CONDITIDNAL USE PERMITS TO CONSTRUCT AN 800 SQUARE FOOT
GUEST HOUSE, AND A 1,300 SQUARE FDOT STABLE; IN ZONING CASE NO. 902, AT 23
CREST ROAD EAST, (LOT 132A-MS), ROLLING HII.,LS, CA (HYNES). THE PR�JECT I5
EXEMPT FROM THE CALIFOR1vIA ENVIRONMENTAL QUALITY ACT {CEQA)
PURSUANT TO SECTION 15303, CLASS 3 EXEMPTION GUIDELINES.
Mayor Dieringer introduced the item and asked for staffls comments. Planning Director Schwartz
reviewed the applicant's request to constr�.tct a new home an a vacant lot at 23 Crest Road East and stated
that the City Council visited the site an October 4, 2016 to view the proposed project. She noted that
Couxici�xnember Mirsch visited the site separately with staff and the applicant's representatives.
Ms. Schwartz further reviewed the proposed �ading stating that the upper pad is proposed ta be lowered
by approximately 2-3 ft. fram what exists currently. She stated that there has been cansiderable discuss�on
previously regarding the drainage and soils, geology and stability of the lot which is above the Flying
Triangle. She stated that in the field, there was some discussion regarding soils and geology; and the
location of the bedrock. She reviewed the geology map which shows the bedrock at appraximately 3 ft.
where the develapment is proposed. She stated that in response to concerns raised by the neighbors below
the proposed project, the City Council asked that the County Engineers be present at the site visit which
Lisa Naslund attended, but they are unable to attend#his evening. She fiirther stated that at the request of
the City Council during the field trip,Ms.Naslund provided a response to�he statements made in the letter
from Mr. Partridge (Smith Emery Company} dated September 12, 20i6. She sta.ted that Ms. Naslund's
response is included with the staff report; and in summary, states that the project engineer will design
drainage and grading plan, the County will serve as the reviewing agency for compliance with County
codes. Ms. Schwartz further reviewed the correspondence that was received since the agenda packet was
delivered and stated that the additional correspondence has been placed on the dais for the City Council's
review and consideration; including a correspondence from Mr. Raine (4 Pinto Road) regarding the
drainage and Bolton Engineering's response to Mr. Raine's correspondence.
Mayor Dieringer asked for c�uestions from the City Counci� for staff. In response to Councilmember
Mirsch, City Attorney Jenkins stated that the engineers from the County or Willdan Engineering are
impartial agents working for the City and wauid nat reflect the views of either the property owner ar the
neighbors.
Mayor Dieringer asked �'or ques�ions fram the City Council for the applicant's engineer. In response to
Councilmember Wilson, Dan Bolton, Bolton Engineering stated that he wauld expect the cisterns to be
fabricated from reinforced cancrete or fiberglass and that the life expectancy would be in the range of 75-
100 years. Mr. Bolton further explained that the plans are typically submitted in conceptual form for the
entitling body's review and more detailed specifications are provided when the plans are subrnitted to the
Couxity for plan check and wo�xld be likely be subject to a maintenance covenant by the County. Mr.
Bolton further explained the drainage system.
Jim Par�idge, 67 Portuguese Be�nd Road inquired as to t�ie expense of installing such a drainage system.
Mr. Bolton estimated the expense to be somewhere between $50,000-$100,000. In response to
Councilmember Mirsch regaxding maintenance of the system, Mr. Bolton explained that system would be
subject to regular maintenance as would any such type of system.
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Mayor Dieringer asked for clarifica�ion with regard to the design of the system being for the pre- versus
post-development runoff from the 25-year storm versus the 100-years storm and what happe�s �to the
runoff when the tanks are fi�ll. Mr. Bolton explained that the way the system is designed, it has enaugh
capacity for the 100-year storm. Mayor Dieringer expressed concern regarding the discharge form
subsequenf storms and tha# the discl�arge is directed to only one outlet. She further suggested that the
discharge be directed to multip�e outle�s rather than Just one. Mr. Bolton stated that they would accept
such a conditian. Mayor Dieringer further suggested that the cisterns be sized for the 100-year storm. Mr.
Bolton suggested that the system be designed ta store the 25-year storm and that the discharge be placed
__., such that there is surge capacity to Zeave the tank in 1-2 days so that there is capacity for a future storm.
Discussion ensued concerr�ing retaining the water and the requirement to reduce runoff to the pre-
development level. Further discussian ensued concerning the outlet structures, gray water systems and
maintenance of the system.
Mayor Dieringer called fox public comment.
Jim Partridge, 67 Portuguese Bend Road addressed the City Council to express genera� concern regarding
�the drainage in that axea of the C�ty. He suggested that the City insta.11 a drainpipe to address the drainage
issues in that area.
Terry Rhodes, fi3 Portuguese Bend Road addressed the City Council to express concern regarding the
drainage and to further suggest that an independent hydralagy study be done to assess the risks.
Tom Hynes, 23 Crest Road East (property owner) addressed the City Council stating fhat he does nat
disagree that there are general dra.inage issues that need to be addressed; but that the proposed project
meets the post development drainage requirements and should not be delayed in order to address the other
drainage issues in#he area.
Heidi Mackenbach, 56 Portuguese Bend Road addressed,the City Council to express concern regarding
the Iong term impact that the proposed project will have on the praperties below it.
John Mackenbach, 56 Portixguese Bend Road addressed the City Councii to express concern regarding the
amount of grading and that the grading will affect the stability on tlie lot. He suggested a third-party
evaluation.
Robert O'Shea, 3 Running Brand Road addressed the City Council to suggest that the City Council
conduct a tl�ird-party independent analysis to ensure fhat the properties below are protected.
Dan Bolton, Bolton Engineering addressed the City Council in response to the comments regarding a
third-party independent review stating that he believes the County will provide the appropriate level
review. He further commented that if the City wishes fo construct some sort of drainpipe as suggested by
Mr. Partridge that the praject not be delayed for that reason since the pmject will not increase the runoff
compared to the pre-development condition and any other drainag�issues are from a different saurce.
Hearing no further public comment, Mayor Dieringer called for comments from the City Council.
Mayor Pro Tem Black commented that having visited the site, he recognized the challenges associated
with development of this properry. He commented that he is not opposed to development of the site in
general, but he is concerned regarding the amount af 2:1 slopes and the amount of grading necessary to
create the pad necessary to build the house. He further commented that the proposed project does not
utilize the natural topography and looks unr;atural. He expressed further concern regarding th�mass of fhe
�..., project.
CounciZmember Wilson expressed cancern regarding the drainage and hydroiogy and suggested that an
independent study be done.
Councilmember Pieper commented that he is also concerned abaut the drainage but he does not agree that
the applicant should be required to solve all of the draina.ge issues in the area be�ow the propased
development.
Mayor Dieringer cammented #hat she is concerned about the impact the development may have on the
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properties belaw and although she too would like ta have a third party st�dy done on the hydrology, she
understands that it is not within the City Council's purview during the Site Plan Review process to require
such a study and the County will review the proposal to ensure that the code requirements are being
camplied with.
In response to Mayor Dieringer's comments, City Attarney Jenkins stated that during the discretionary
review process is not the appropriate time to address the details and technical aspects of hyrolology. He
stated that those details will be addressed by the County during its re�iew of the hydrology plans. He
stated the project is conditioned upon compliance with the building code and on not generating more
stormwater run off�han in generates pre-de�elopment. He further noted that there have been no studies
presented to contest the hydrology reports that were submftted by two experts on behalf of�he applicant
and in the absence of any contradictory evidence in the record the City Council should rely on the
evidence submitted. He stated that the question before the City Council is whether or not the project
complies with the City's Zoning Code, specifically the criteria listed in Section 17.46.050. He stated that
it is incumbent upon the City Council to provide specific suggesdons as to how this project could be made
approvable based on the criteria set forth in the Zaning Cade.
Councilmember Mirsch comrnented that in reviewing the criteria for approval, she has difficulty making
the following required finding: that the grading has been designed to follow the natural contours o£the site
and to minimize the amount of grading required to create the building area; and that the project is
harmonious in scale and mass with the site, the natural terrain and the surrounding residences. She
suggested that the applicant review the proposal to determine if there is a better way to design the project
to be more in Iine vc+ith those fmc�ings. She commented that she is more concerned about the grading than
the drainage.
Councilmember Pieper commented that he belie�es that there have been some improvements made to the
drainage in response to the cancern raised by the Planning Commission and City Council and the proposal
is acceptable to him. He commen�ed that if the City Council wants to suggest further changes, that those
suggestions be very specific so that �he applicant is clear as to what the concerns are and what the
direction is. Discussion ensued concerning the grading, the steepness of the slopes, the size of the
basement and the footprint of the house. Mayor Pro Tem Black commented that the mass of the project is
one of the areas that concerns him and he would like to s�e the rnass reduced.
Mayor Dieringer asked the applicant if they have been pravided with sufficient direction to address the
concerns raised.
Howard Weinberg, Attorney addressed the City Co�zncil on behalf of the applicant stating that the
applicant would like to be provided with a project scop� that the City Council believes is appropria.te.
Discussion ensued concerning the areas af concern including, the mass and scal� of project, the grading
and the runaff. City Attarney Jenkins commented that another option would be for the City Council to
appoint an ad hoc committee to work with the applicat�t to address the concerns raised.
Councilmember Wilson expressed continued concern regarding the hydrology. In response to
Cauncilmember Wilson with regard to the City Council's authoxity to require an independent hydrology
stu.dy, City Attomey Jex�lcins stated that there is a d�fference between the approval of a subdi�isian and the
appmval o�a single-family home an a single-family lot..l He stated that when there is a buildable legal
lot, there is a yright ta build on the lot; but there is no right to subdivide a lot into rnultiple lots. He fixrther
clarified that the criteria for a subdivision are not fhe same as the criteria for a single-family home and that
is what enabled the City Cauncil to further consider hydrology when the subdi�vision was presented for
consideration. He noted that the City's 7ega1 authority is different when considering a single-family home
than when considez�ing �subdivision.
Following further discussion, Mayor Dieringer moved that the City Council appoint Mayor Pro Tem
Black and Councilmember Pieper to serve on an ad hoc committee to confer with the applicant in order to
address the concerns raised including the mass af the project and the grading associated with the project
and to continue the public hearing to the November 14,2016 meeting of the City Council. Counciimember
Mirsch seconded the rnotion, which carried without objection. The public hearing was cantinued to the
November 14, 2016 meeting of the City Council.
OLD BUSINESS
None.
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�
NEW BUSINESS
CONSIDERATION OF ORDINANCE N�. 347 - AN QRDINANCE OF THE CITY COUNCIL
OF THE CITY OF ROLLING HILLS MOVING THE DATE OF THE CITY'S GENERAL
MUNICIPAL ELEC'TYON FROM 'IT� F�RST TUESDAY AFTER THE FIRST MONDAY IN
MARCH OF EVERY ODD-NUMBERED YEAR TQ THE FIRST TUESDAY AFTER THE
FIRST MONDAY IN NOVEMBER OF EVERY EVEN-NUMBERED YEAR BEGINNIlVG iN
NOVEMBER 2020.
Mayar Dieringer intraduced the item and asked for staff's comrnents. City Clerk Luce sta.ted that before
the City Council is a DRAFT ordinance, which would change the City's General Municipal Election from
March of odd years as it is currently, to November of even years beginning in 2020. She stated that this
change is propased in response to a bill that was passed by the State Legislature in 2Q15 requiring cities
that don't meet certain voter turnout thresholds to change their election date to coincide with statewide
general elections. She further stated that although the City has very high voter turnout, the numbers don't
meet the criteria set by the legislature and the City is being required to change its election date. She sta.ted
that if adopted, the change would be effective in 2020. The City wauld proceed as normal with its March
2017 and March 2019 electioris and the terms of the Councilmember elected in those e�ections will be
reduced by four months. She stated that staff recommends that the Ci4y Council introduce the ordinance
and waive full reading. The ordinance would#hen be brought back to the City Council for second reading
and adoption at the October 24th meeting.
Discussion ensued concerning the vater turnaut nurnbers and the option far waiting um�i� after the City's
March 2017 e�ection.
Following brief discussion, Cauncilmember Mirsch moved that the City Co�ncil introduce Ordinance No.
347 moving the date of the City's General Municipal Election to the firs# Tuesday after the first Monday
in November beginning in November 2Q20 for first reading and waive full reading. Councilmember Pieper
seconded the motion,which carried withaut objection.
`""� CONSIDERATION OF A RESOLUTIQN AND PROPOSITIQN A ASSIGNNiENT
AGREEMENT FOR AN EXCHANGE OF $75,000 IN PROPOSYTTON A
TRAFFICITRANSPORTATION PROJECT RELATED FUNDS WITH THE CITY OF
RANCHO PALOS VERDES FOR $56,250 OF GENERAL FUNDS TO PLACED IN THE CITY
4F RQLLING HILLS' GENERAL FUND; AND A RESOLUTION AND PROPOSITION
C/MEASURE R ASSIGNMENT AGREEMENT FOR GiFTING OF PROPOSITION C AND
MEASURE R FUNDS TQ THE CITY OF ROLLING HILLS ESTATES TO CONSTRUCT
TR.AFFIC TMPROVEMENT PROJECTS THAT BENEFIT THE CITY OF ROLLING HILLS'
RESIDENTS.
Mayor Dieringer introduced the item and asked for staf�s comments. City Manager Cruz stated that
annually the City receives an allocation of Proposition A, Proposition C and Measure R fixnds from the
County ta be used for transportation and transit-related purposes. He stated that these funds,however, are
not eligible for use in Rolling Hills due to the raads within the City being private�y owned and maintained
and the City typically accumulates the funds until there is a substantial balance that can be exchariged for
General Fund manies or gifted towards other transit-related purposes, as a�lawed by law, with another
public agency. He stated that a letter was sent to the neighboring cities to ascertain tlleir interest xn
exchanging or receiving these funds and as a result, letters of in#erest were received form the neighboring
cities. He stated that the City of Rancho Palos Verdes expressed interest in an exchange of Proposition A
funds in the amount of 75 cents on the dollar and staff recommends approving the exchange. With regard
to the Proposition C and Measure R funds, he stated tkat staff recommends gifting the funds to Rolling
�- Hil�s Estates ta cornplete the pre��ous commitment for the traffic si�al improvement project and to
repave the section of Pa.1os Vexdes Drive North between Rolling Hills Road and Dapplegray Lane.
Brief discussian ensued concerning the varying exchange rates for tlae Propasition A funds and the
potential for facilita.ting an exchange of funds to be used on Rolling Hills Road between Crenshaw and
Palos Verdes Drive North.
Councilmember Pieper moved that the City Council adopt Resolution No. 1190 and approve an
assignment agreement with the City o£Rancho Palos Verdes for an exchange of the City's Praposition A
Funds AND that the City Councii adopt Resolution.Na 1191 and approve an assignment agreement with
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the City of Roiling Hi11s Esta#es for a gifting of the City's Propasition C/Measure R Funds. Mayor Pro
Tem Black seconded the motion,which carried without objection.
MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
STATUS REPORT FROM THE CITY COUNCIL TREES AND VIEWS AD HOC
COMMITTEE ON ITS EFFORTS TO AMEND THE VIEW PRESERVATION ORDINANCE
AND TO POSSIBLY BRiNG FORWARD A BALLOT MEASURE TO MODIFY OR REPEAL
MEASURE B. (ORAL REPORT}
The ad hoc committee reported that it is still cansidering placing a measure an the ballot to repeal
Measure B at the City's General Municipal Election scheduled for Tuesday, March 7, 2017 but a
defmitive decision has not yet been reached because they are still trying to come up with a campromi�e
with the other meFnbers of the ad hoc committee. Following discussion concerning the options being
cansidered,the Committee was asked to report again at the October 24, 2Q16 City Council rneeting.
MATTERS FROM STAFF
CONSIDER.ATION OF OPTIONS PERTAINING TO 'TI� CONDUCT OF THE CITY Ok'
ROLLING HII.LS GENERAL MUNICYPAL ELECTION SCHEDULED F�R MARCH 7, 2017—
OPTION 1: CONDUCT A STAND-ALONE ELECTION TO BE CONSOLIDATED WITH THE
CITY QF LOS ANGELES LACCD B�ARD OF DIRECTORS ELECTION (STATUS QUO)
RUNNING CONCURRENTLY WITH TI� COUNTY'S SPECIAL ELECTION; OPT'�ON 2:
CONDUCT A CONSOLIDATED ELECTION WITH THE COUNTY OF LOS ANGELES W�TH
SPECIFIED SERVICES TO BE ADMINISTERED BY THE COUNTY.
Mayor Dieringer introduced the itern and asked for stafPs comments. City Clerk Luce presented the staff
report stating that the City has been provided an additional optian for conducting its March 2017 election.
She sta.ted that normally, #he City conduc�s a sfiand-alone-election at which the �oters also vote on the Los
Angeies Community College Districts Board member seats that are up for election and election costs are
shared with the City of Los Angeles.
She stated that this year, it is possible that the County Board of Supervisors will be taking a ballot measure
to the voters on March 7�'as well. In doing so, the County is proposing to conduct a cansolidated election
to include the City elections along rvith the County's ballot measure. The intent of conducting a
consoiidated election is to reduce the voter confusion and eliminate the duplicate efforts involved in
conducting concurrent elect�ons. At this time, t11e Board of Supervisors has no� yet voted to place a
measure on the bailot, but recognizing that cities need to make decisions regazding their elections, the
County has comrnitted to conducting the elections whether or not the County puts a measure on the ballot;
and for that effort to be cost neutral for the cities involved and has quoted the City $12,550 to conduct the
City's election.
Ms. Luce stated that the options before the City Council are to proceed as normal conducting a stand-
alone election or conducting a consolidated election to be run by the County. She further stated that an
additional option to reduce vo�er confusian, if the City decides to proceed with a consolidated election
would be to use the City `s electian consuitant to prepare and mail a Voter Information Guide specific to
the CiTy election at a cost of approximately$5,000.
Followirig brief discussian, Councilmernber Pieper moved that the City Council direct staff to proceed
with the preparation necessary for conducting a consolidated election with the County of Los Angeles on
March 7, 2017 at a cost of$12,550. Cauncilmember Mirsch seconded the motion, which carried without
objection.
Councilmember Mirsch moved that the City Council also direct staff to contract with Martin & Chapman
for preparation of a Voter Iriformation Guide to be rnailed to all Roliing Hills voters with specific
info�nation regarding the Rolling Hills elecfion at an estimated cost of$5,000. Mayor Pro Tem Black
seconded the motion which carried without objection.
PUBLIC COMMENT QN CLOSED SESSION ITEMS
None.
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CLOSED SESSION
None.
RETURN TQ OPEN SESSION
None.
ADJOURNMENT
Hearing no fiuther business before the CiTy Council,Mayor Dieringer ad�ourned the meeting at 10:32 p.m.
to a regular meeting of the City Council scheduled to be held on Monday, October 24, 2016 beginning at
7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
Respectfully submitted,
��� � ��� �
��
Heicli Luce
City Clerk
Approved,
� .
ea Diennger
Mayor
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