01-09-17 MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CTTY OF ROLLING HILLS, CALIFORNIA
MONDAY,JANUARY 9,2017
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Dieringer
at 7:01 p.m. in the City Council Chamber at City Hatl, 2 Portuguese Bend Road,RolIing Hi�ls, Caiifomia.
ROLL CALL
Councilmembers Pr�sent: Black,Mirsch, Pieper, Wilson and Mayor Dieringer.
Councilmembers Absent: None.
Others Present: Raymond R. Czuz, City Manager.
Yolanta Schwartz,Planning Director.
Mike Jenkins, City Attomey.
Heidi Luce, City Clerk.
Tavisha Nicholson, Bolton Engineering.
Charlie Raine,4 Pinto Road.
John Mackenbach, 56 Portuguese Bend Road.
Howard Weinbe:rg, Attorney(for property owner, 23 Cres#Road East).
Tom Hynes, 23 Crest Road Eas#(property owner).
CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any Councilxnember may
request removal of any item from the Consent Calendar causing it ta be considered under Council Actians.
A. Minutes — (1) Adjourned Regular Meeting of October 4, 2016; (2) Regu�ar Mee�ing of
October 10, 2016; (3) Regular Meeting of October 24, 2016; {4) Regular Meeting of
November 14, 2016; and {5) Regular Meeting of November 28, 2416; (6) Adjourned
Regular Meeting of December 14, 2016; and (7} Adjourned Regular Meeting of December
i9, 2016.
RECOIV�IlVIENDATYON: Approve as presented.
B. Payment of Bills.
REC011�VIENDATION: Approve as presented.
C. Consideration of the City Councii Approved Vendor List for Calendar Year 2017.
RECOMMENDATION: Apprave as presented.
D. Consideration o�the Fiscal Year 2017/2018 Budget Prepara�ion Calendar.
RECOMII+�NDA1'I�N: Approve as presented.
E. City Councit Finance/Budget/Audit Committee meeting notes of December 19, 2016.
RECONIII�NDATI�N: Receive and file.
Councilmember Pieper moved that the City Council approve the items on the consent calendar as
presented. Councilmember Wilsan seconded the rnation,which ca.rxied withont objection.
SPECIAL PRESENTATION
Special Presentation to Machaet Gray an recognitian of his service
to the conamunity as Member of Planning Commission from 2013-2017
Mayor Dieringer presented a plaque to Michael Gray in appreciation of his service as a mernber af the
Planning Commissian for four years and thanked him �or his dedication and service to the Community.
Mr. Gray thanked the City Council for the recognition and stated that he enjoyed serving on the Planning
Commission.
�PEN AGENDA-PUBLIC COMMENT WELCOME
None.
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CONIII�IISSION ITEMS
RESOLUTION NO. 2016-25. A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES AND SITE PLAN
REVIEW TO COIVSTRUCT A CHICK�N COOP IN THE FRONT YARD, TO EXCEED THE
PREVIOUSLY APPROVED LOT DISTURBANCE AND TO RELOCATE A POOL
EQU�PMENT AREA NECESSITATING AN UP TO 4' TALL ENCLOSURE WALL ON A
PROPERTY WITH A RESTRICTED DEVELOPMENT CONDITION IMPOSED THROUGH A
PRiOR PROJECT, IN ZONING CASE NO. 913, AT 10 CREST ROAD W. {LOT 2-CI�
ROLLING HILLS, CA, (FRYKMAN).
Mayor Dieringer introduced the item and asked for sta.fPs comments. Planning Director Schwartz
reviewed the applicant's request to construct a chicken coop in the fron�yard and to modify the location
and size of a previausly approved poal equipment area in Zoning Case No. 913 at 10 Crest Road West.
She stated that the Planning Commission approved this request without any objection.
Mayor Pra Tem Black moved that th� City Council receive and file Planning Commission Resolution 1Vo.
2Q16-25 granting approval of the applicant's request in Zoning Case No. 9l3 at 10 Crest Road West.
Councilmexnber Pieper seconded the motion. In response to Mayor Dieringer's inquiry regarding
screening the chicken coap if it is constructed befare the sta,ble, Ms. Schwartz stated that there is no
requirement for screening. Mayor Dieringer suggested adding such a condition. Following brief
discussion, the motion to receive and file this item carried withaut objection.
RESOLUTION NO. 2016-26 A RESOLUTION OF TI� PLANNING COMMISSION OF THE
CITY OF ROLLIlrTG HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO
CONSTRUCT A TRELLIS, A POR'TFON OF WHICH IS 2.5-FEET MAXIMUM OUT OF
GRAUE AND A 2.5' HIGH WALL ON A PROPERTY WITH A RESTRICTED
DEVELOPMENT CONDITION IMPOSED THROUGH A PRIOR PROJECT IN ZQNING
CASE NO. 912 AT 3 CAUCKWAGON ROAD. (LOT 40-EF)ROLLING HILLS, CA, (LIU).
Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz
reviewed the applicant's request to construct a trellis and patio a portion of which is to be constructed aut
of grade in Zoning Case No. 912 at 3 Chuckwagon Road. She stated that the Planning Commission
approved this request without any objection.
Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution Na.
2016-26 granting approval of the applicant's request in Zoning Case No. 912 at 3 Chuckwagon Road.
Mayor Pro Tem Black seconded the motian,which carried without objec�ion.
PUBL�C HEARINGS
ZONING CASE NO. 902. REQUEST FOR A SITE PLAN REV�W FOR THE
CONSTRUCTION OF A NEW 11,100 SQUARE FOOT RESr17ENCE, WITH 1�,100 SQUARE
FOOT BASEMENT, 1,540 SQUARE FEET ATTACHED GARAGES, 2,654 SQUARE FEET
COVERED PORCHES, 864 SQUARE FOOT SWIlVIl�RING POOL AND SPA, TRELL�SES,
NEW DRIVEWAY AND AN OUTD��R KITCHEN AND GRADING FOR A TOTAL OF
51,625 CUBIC YARDS OF DIRT, WHICH INCLUDES OVER-EXCAVATION AND RE-
COMPACTION; CONDITIONAL USE PERMITS TO CONSTRUCT AN 800 SQUARE FOOT
GUEST HOUSE, AND A 1,300 SQUARE FOOT STABLE; IN ZONING CASE NO. 902, AT 23
CREST R4AD EAST, (LOT 132A-MS}, ROLLING HILLS, CA (HYNES). THE PROJECT IS
EXEMPT FROM THE CALIF'ORNIA ENVIRONMENTAL QUALTTY ACT (CEQA)
PURSUANT TO SECTION 15343, CLASS 3 EXEMPTION GUIDELINES.
Mayor Dieringer introduced the item and asked for stafPs comments. Planning Director Schwartz briefly
reviewed the applicant's request stating that this project was taken under jurisdiction by the City Council
followir�g the Planning Commission's approval of the project. She stated that at the last public hearing on
this case, the City Council expressed concern regarding the mass and location of the house as well as the
grading assaciated with the project and appointed Mayor Pro Tem Black and Councilmember Pieper to an
ad hoc committee to work with the applicant to address those concerns. She further stated that there were
previous discussions regarding the hydrology, soils and geology assaciated with �his project and those
reports submitted by the applicant were previously reviewed by the City engineers and deemed acceptable
for future development.
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01-09-17 -2-
Ms. Schwartz stated that subsequent to the discussions with the ad hoc comxnittee, the applicant submitted
revised plans to address the cancerns regarding the massing and location of the proposed house. She
reviewed tl�e revised plan stating that the house is proposed at �0,400 sq. ft. with a two-car garage at 1,120
sq. ft. and is configured in a more u-shaped configuration rather than the longer, narrow design that was
previously proposed. She stated that there are no changes proposed to the stable and guesthouse on the
lower pad. She stated that the applicant also revised the propased grading so that the look of the resulting
slopes is softer and less steep with 3:1 slopes instead of 2:1 in the areas visibl� from Crest Road; and thus
reducing the size of the residential pad as well and the grading and disturbance quantities. She further
reviewed the proposed drainage plan stating that the applicant praposes two cisterns on the upper pad to
coliect and dissipate the water into twa dissipaters—one on each side of the property; and two cistems arid
dissipaters on the �ower pad as well. She further reviewed the developznent standards stadrzg that all of the
development standards are within the code requirements and there are;no variances requested. She further
reviewed the development standards as provided in the table distributed for the City Covncil's review. She
stated that if the proposed revisions are acceptable to the City Council, staff coul.d be directed to prepare a
resolution of approval for the City Council's consideration at its next meeting. In response to
Councilmember Pieper, Ms. Schwartz s#ated that staff could be directed to use the language from the
Planning commission resolution in preparing the resolution of approval but revised to reflect the City
Council's direction.
Mayor Dieringer inquired about the sizing of the cisterns with zela�ion to the previous suggestion that they
be sized to capture the 100-yeax storm as opposed to the 25-year storm as originally designed.
Mayor Dieringer cailed for public comments.
Tavisha Nicholson, Bolton Engin�eering addressed the City Council on behalf of the applicant stating, in
response to Mayor Dierigner's inquiry, that the cisterns are designed based on �he 25-year storm
requirements but in the hydrology study it is indicated that the system will hold the 100-year storm as
currently designed. Discussion ensued concerning the drainage plan. In response to Mayar Dieringer,
Ms. Nicholson further explained the process whereby the water wauld be released from the cisterns. In
response to Councilmember Wilson, Ms. Nicholson further explained the calculatians us�d to determine
the hydrologq requireFnents to meet the pre versus post development runaff requirements. She noted that
the beginning number considers a saturated soil condition used to determine sheet flow. Ms. Nicholson
fur�her explained the revisions that were made stating that the house was also depressed by 2 ft. vertically
to reduce the massing and the driveway was reduced as we11.
Charlie Raine, 4 Pinto Road addressed the City Council to express continued concern regarding the
hydrology and the affect the runoff will have on the properties below. He suggested that further study be
done on the hydrolagy to better ascertain the actual sheet flow from the undeveloped lot rather than
relying an the numbers in the County's hyclrology manual.
John Mackenbach, Sb Portuguese Bend Road addressed the City Council to express continued cancern
regarding the runoff from the proposed development and the affect it will have on the properties below.
Further discussion ensued concerning the proposed drainage plan.
Howard Weinberg, Attorney for the applicant addressed the City Council stating the hydrology plan is
designed with the calculations starting from the assumption that the soil is fully saturated when the storm
begins and any additianal water wauld resu�t in sheet flow from the undeveloped property. He reiterated
that the drainage system is desigxied to capture any excess water from a 25-year storm and further, the
cfsterns are big enough to capture the excess water from a 100-year storm.
Mr. Raine expressed further concern that the proposed drainage system is inadequate.
Hearing no further public comment,Mayor Dieringer closed the public hearing.
Mayor Pro Tem Black commented that drainage system was designed to comply with County's criteria
and it will be up to the Coi.�nty to ultimately determine whether or not it meets their requirements. He
further commented that the applicant was responsive to the concerns raised regarding the rnass and
grad�ing; and provided multiple discharge sites for the stormwater nuioff to further address the concerns
regarding drainage. He commented that his concerns have been aileviated. Councilmernber Pieper
concurred with Mayor Pro Tem Black.
Councilmember Wilson expressed continued concern regarding hydralogy and drainage and the
calculations used to design the drainage plan.
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Counci�member Mirsch commented that the revisions made ta address the mass and grading make for a
better project and she can now make the findings she couldn't make pre�iously. With regard to the
concern raised by the neighbors regarding the hydrology, she noted that the Cxty Counci7 has not been
provided with any expert testimony or hydrology reports to contradict the reports submitted by the
applicant and subsequently reviewed by the City engineers.
Mayor Dieringer commented that she concurs with the comments made by Mayor Pro Tern Black and
Councilmembers Pieper and Musch. She asked for clarification from the City Attorney with regard to Mr.
Raine's suggestion that the City Council require further study of the hydrology.
City Attorney Jenkins stated in response to Mayor Dieringer, that further hydrology studies are not part of
the Site P�an Review criteria for the City Council's consideration in reviewing this application. He stated
that the City Council is bound by the legal criteria set forkh in the Municipal Code. He further stated that
the County will not issue building permits for this property if there are hydrology problems that do not
satisfy the County Engineers. In response to Councilmember Wilson, Mr. Jenkins stated that the
documentation produced during the County's revi�w process is available to the public far review and City
staff could be directed ta inform the concerned parties when that information is a�ailable.
Mayor Pra Tem Black moved tha�the City Counczl direct staff to prepare a resolution granting approval of
the applicant's request in Zoning Case No. 902 at 23 Crest Road East as amended with the standard
fmdings of fact and conditions of approval; and including the same conditions imposed by the Planning
Cornrnission re�ative to the landscape screening. Councilmember Pieper seconded the mo�ion, which
carried with Counci�nember Wilson oppased. Staff was further directed to provide the interested parties
notification when the County has reviewed and approved the final soils, geo�ogy and hydrology studies
submitted by the applicant.
ORDINANCE NO. 349 — AN INTERIM �RDINANCE OF 'THE CITY OF ROLLING HILLS,
EXTENDING ORDINANCE NO. 348, WHICH TEMPORARILY PLACES A MORATORYUM
ON TI� PROCESSING AND CONSIDERATION OF ANY APPLICATION SOUGHT UNDER
THE PROVISIONS OF CHAPTER 1'1.2G (VIEW PRESERVATIOI� OF THE ROLLING HILLS
MUNICIPAL CODE, AND DECLARING'THE URGENCY Tf�REOF.
Mayor Dieringer introduced the item and asked for stafPs comments. Planning Director Schwartz stated
that before the City Cauncil is an ardinance to extend the maratorium on the processing and consideration
of applications sought under the provisions of the City's View Preservation Ordinance whiie the Planning
Commission is considering amendments to the oxdinance as directed by the City Council. She sta.ted that
the City Council has the option o�extending the ordinance for 10 months and 15 days or 22 months and
15 days based on State law. She cammented that the moratorium can be repealed at any time and if it is
extended for the shorter period of time, it could be extended again at a later date for a #otal of two years
maximurn. Discussion ensued conceming the two options before the City Council with the general
consensus being to extend it for the shorter period of time.
Mayor Dieringer opened the public hearing and called for public cornment.
Howard Weinberg, Attorney, addressed the City Council to suggest that the moratoriUm be extended for
10 manths and 15 days with a provision that it expire if Measure B is repealed. Hearing no further public
comment,Mayor Dieringer closed the public hearing.
Mayor Dieringer commented that she believes the ordinance should be extended for 22 months and 15
days recognizang that it could be repealed earlier if the Planning Commission finalizes its discussions and
recommendation to amend the�rdinax�ce.
Following brief discussion, Councilmember Pieper moved that the City Council adopt the interim
orciinance extending Ordinance Na. 348 ternporarily p�acing a moratorium on the acceptance and/or
processing of any applications sought under the pravisions of Chapter 17.26 of the Rolling Hills
Municipal Code for a period of 10 months and 15 da.ys. Councilmember Mirsch seconded the Fnation,
which carried with Mayox Dieringer opposed.
OLD BUSINESS
None.
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City Council Meeting
O 1-Q9-17 -4-
�w BusnvEss
None.
MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
Councilmember Wi�son suggested that a discussion regarding the drains in the City be agenized far
discussion at a future City Council meeting. Following brief discussion, staff was directed to agendize the
matter for discussion.
Councilmember Wilson asked about the status of the compliance with the order in the Ostriker aggressive
dog matter. Following brief discussion, staff was directed to agendize an update on this matter.
Mayor Dieringe�r asked if it would be possible for the City Council to make changes ta the resolutions that
are brought forward from the Planning Commissian without having to take the matter u�der jurisdiction.
City Attorney Jenkins responded that per the City's current Zoning Ord�iriance, the City Co�cil only has
two options when the Planning Commission actions are presented to the City Council —to either recei�e
and file the resolution or take the matter under jurisdiction. He stated that a public hearing would be
required to make any changes. In response to Mayor Dieringer's inquiry about the possibiIity of having
e�ery item from the Planning Commission brought before City Council as a public hearing, Mr. Jenkins
stated that doing so wonld gut the Planning Commissian's authority. Following brief discussion,there was
no interest expressed in agendizing this matter for further discussion.
Mayor Dieringer further suggested that a follow up discussion regarding the City CounciUPlanning
Commission Joint meeting be agenized on a future City Council meeting agenda. Following brief
discussion, staff was directed to agendize a discussion after the minutes are prepared.
Mayor Pro Tem Black commented that the left turn signal at PaIos Verdes Drive North/Portuguese Bend
Road is a welcome change.
Councilmember Mirsch shazed an article with the City Council from USC Law Magazine featuring City
Attorney, Mike Jenkins who teaches local government law at USC Gould�chool of Law.
MATTERS FROM STAFF
City Manager Cruz reported that the City has expended its entire buc�get for coyote control already this
fiscal year and he will be requesting a mid-year budget adjustrnent for coyote control sa that the City can
continue its efforts with regard to coyote control.
He £urther stated that if�there is no objectian, he proposes to close City Hall from noon-2prn on Tuesday,
January 17�'to host a staff holiday luncheon at his home. Na objectian was expressed.
CLQSED SESSION
None.
ADJOURNMENT
Heaxing no further business before the City Council, Mayar Dieringer adjourned the rneeting at 8:47 p.m.
The next regular meeting of the City Council is schedu�ed to be held on Monday, January 23, 20�7
beginning at 7:00 p.rn, in tl�e City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills,
California.
Respectfully submitted,
�"��
,��y'�
Heidi Luce
CiTy Clerk
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Ci#y Council Meeting
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Approved,
� —.
i
Bea Dieringer
Mayor
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City Council Meeting
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