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01-23-17 A REGULAR MEETING OF THE C�TY COUNCII, OF THE CITY OF ItOLLING HILLS, CALIFORNYA MOI�TDAY,JANUARY 23,2017 CALL TO QRDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayar Dieringer ._ at 7:05 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, Caiifomia. ROLL CALL Councilmembears Present: Black*, Mirsch, Pieper, Wilson and Mayor Dieringer. "Mayor Pro Tem Black arrived at 7:10 p.m. Councilrnembers Absent: None. Others Present: Raymond R. Cruz, City Manager. Yolanta Schwartz,Planning Directar. Natalie Karpeles,Assistant City Attorney. Heidi Luce, City Clerk. Jim and Lori Hynes, 23 Crest Road East(property owner). Tom Hynes, 23 Crest Road East(property owner). Charlie Raine, 4 Pinto Road. Jeffrey Ostriker, 27 Caballeros Road. CUNSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item fram the Consent CaIendar causing it to be cansidered under Council Actians. _ Matters which rr�ay 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 of Januaty 9, 2017. RECONIlV�NDATION: Approve as presented. B. Payment of Bills. RECOMN�NDATION: Approve as presented. C. Financial Sta,tement for the Month of November and DecembEr 20�6, RECONIlI�NDATION: Approve as presented. D. Republic Services Recycling Tonnage Repart for November and December 2016. RECOMMENDATION: Receive and file. E. Correspandence from Republic Services confirming the following dates for the 2017 bi- annual clean up events in the City of Rolling Hills: April 1 (greenwaste), April 8 {bulky items), April 22 {shred/e-waste), September 9 (greenwast�}, September 16 (bulky i#ems) and September 23 (shred/e-waste). RECOMMENDATION: Receive and file. Councilmember Pieper asked that item 4D be removed from the consent calendar for individual consideration. Hearing no abjection, Mayor Dieringer so ordered. Councilmernber Wilson moved that the City Council approve the remaining iterns on the consent calendar .-P- as presented. Councilmember Pieper seconded the mation, which carried without objection. D. Allied Recycling Tonnage Report for November and December 2016. RECOIVIlV�NDATION: Receive and file. Councilmember Pieper commented that because the diversion requirements wi11 be increasing in the future, the City shoizld determine a way to get credit for the greenwaste and chipping that takes place in the City to help meet the new requirernents. Following brief discussion, Cour�cilznember Pieper moved that the City Council receive and fi�e the Allied Recycling Tonnage Report as presented. Councilmember Mirsch seconded the motion, which carried without objectaon. Staff was directed to provide the information received to the applicant and their representatives. -1- _ - �.�„ Mayor Pro Tem Black arrived and took his seat at the dais. OPEN AGENDA-PUBLIC COMMENT WELCOME None. COMNIISSYON ITEMS None. PUBLIC HEARINGS None. QLD BUSIl�IESS CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL 4F THE CFTY OF ROLLING HILLS APPROVING A REQUEST FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE WITH BASEMENT, GARAGES, COVERED PORCHES, SWTMMIlVG POOL WITH A SPA, RETAINING WALLS AND NEW DRIVEWAY; AND REQUEST FOR CONDITIONAL USE PERNIIT TD CONSTRUCT A GUESTHOUSE AND STABLE WITH LOFT AND CORRAL AND RELATED IlVIPROVEMENTS TN ZONING CASE NO. 902 AT 23 CREST ROAD EAST, LOT 132A-MS, (HYNES}. THE PROJECT WAS DETERMINED TO BE EXEMPT FROM THE CALIFQRNIA ENVIRONMENTAL QU.ALITY ACT. It was noted that an e-mail with videos and additional information relating to this project was pro�ided to the City Council late today. Assistant City Attorney Kaxpeles stated that the public hearing on this matter was closed and in arder ta consider the additional information received, the public hearing would need to be reopened and properly noticed. Following brief discussion, Counciimember Wilson moved that the City Council table this matter in light of the fact that additional infarmation was pro�ided to the City Council today and notice a re-opened public hearing to allaw the City Council to consider that information. Mayor Pra Tem Black seconded the motion, which carried with Councilmembers Pieper and Dieringer opposed. NEW BLTSINESS REVIEW OF FISCAL YEAR 2015/2016 AUDITED FINANCIAL STATEMENTS. Mayor Dieringer introduced the item and asked for staff's comments. Finance Director Shea reviewed the 2015116 audited financial statements stating that Lance, Soll, Lunghard audited the statements in November and issued an unmodified opinion which is the highest level of assurance that can be given. In response to an inquiry from Mayor Dieringer, Mr. Shea explained that the building and permit fee revenue was over what was budgeted but lower than the previous year. He further reviewed the finar�cial statements stating that the General Fund ended the year with a ba�ance of$4.5 millian in available fund balance and the Utility Fund ended the year with a balance of$1.2 million. He stated that General Fund revenue was just over $2 million with expenditures at $1.5 million. Discussion ensued conceming the City's pension liability. The City Council concurred that the City should begin discussing a policy for funding the liabili�r as part of the budgeting process gaing forward. Following brief discussion, Councilmember Pieper moved that the City Council receive and file the audited financial statements as presented. Councilmember Mirsch seconded the motion, which carried without objection. City Manager Cruz suggested taking Matters from Staff i�em lU-A pertaining to the quarterl�r investment report out of order. Hearing no objection,Mayor Dieringer so ordered. MATTERS FROM STAFF QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING DECEMBER 31, 2016. Minutes City Council Meeting 01-23-17 -2- MATTERS FROM STAFF QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING DECEMBER 31, 201b. Finance Director Shea pxesented the investment report far the quarter ending December 31, 201b statang that investment earnings are up aver the previous year. Follawing brie� discussion, Councilmember Pieper moved that the City Council receive and fite the investment report as presented. Councilnnember Mirsch seconded the motion,which carried without objection. MATTERS FROM THE CITY CDUNCIL AND MEETING ATTENDANCE REPORTS DISCUSSION AND DIRECTION TO CITY STAFF CONCERNING THE STORM DRAINS LOCATED WITHIN THE CITY OF ROLLING HILLS (ORAL REPORT). City Manager Cruz stated that this matter was placed on �he agenda at the City Council's request due ta concerns expressed regarding storm drains in the City. It was noted that the majority of the storm drains are private storm drains. Discussion ensued concerning the storm drains, specifically tl�ose in the vicinity of Portuguese Bend Road and Crest Road. Councilmember Mirsch commented that her concern is determining who is responsible for the drains in the City and what if any assistance could be pro�ided to residents to address the issues related to the drains. Following discussian, staff was directed to research the legality and feasibility of creating an ad hoc committee to confer with residents regarding storm drain re�ated issues and the construction of catch basins. MATTERS FROM STAFF(cont� STATUS REP4RT REGARDING COMPLIANCE WITH THE CITY COUNCIL RESOLUTION CONCERNING AZUL, THE DOG OWNED BY DR. OSTRIKER AT 27 CABALLEROS ROAD WITH REGARD TO THE CONFINEMENT RESTRICTIONS IMPOSED ON AZUL. Mayor Dieringer introduced the item and asked for staff's comments. City Manager Cruz reported that `"- since the City Council adopted Resolution 1195, there have been no formal complaints made by any members of thE community that Azul has been seen loose or being walked within the Cifiy limits. He sta.ted that he contacted the victims of the chicken atta.cks to determine i£they had seen Azul since the resolution was adopted, they all repl�ed they have not; but thet still feel the dog is a threat to the community and should be kept in a kennel when on the �striker property. He further stated�that he v;isited Dr. Ostriker's home on January 17�to see if Azul is running loose on the property and if the dog run was constructed and he did not witness either. He further reported that he spoke ta Dr. Ostriker and was informed that he has not constructed an enclosed dog kenneUrun anywhere an his property, and has no plans to do so in the future because the dog is always in his hame and only goes out when driven outside the City's baundaries. Couz�cilznember Mirsch reported that she had a conversation with Dr. Ostriker while he was walking his dogs outside the City. Mayor Dieringer asked for public comment. Jeffrey Ostriker, 27 Caballeros Road addressed the City Cauncil to express his appreciation �hat he was allowed to keep the dog. He further commented that he is regularly walking the dog autside the City and i# is working we1L He asked that the City Council consider modifying its decision to allow hun to walk the dog on a leash on Caballeros to help relieve anxiety when he suffers a panic attack in the middle of the night. He also stated that a representative from InvisiFence is present to provide added reassurance about the systern and answer any questions about the system. In response to Mayor Pra Tem Black, Dr. Ostriker stated that he has not constructed the dog run and he takes the dog outside the City to relieve itself. Councilmember Wilson commented that he believes it was the City Council's understanding that the dog run wouZd be constructed. The City Cauncil concurred and expressed concern regarding Dr. Ostriker's apparent history and Iack of willingness to comply with the City CounciZ's arder. Following discussion and a failed motion (lack of second) by Councilmember Mirsch to allow Dr. Ostriker to walk the dog on Caballeros in the middle of the night, Councilmember Pieper moved that the City Council direct staff fo prepare a revised resolution requiring that the dog run referenced in Section 9B Minutes City Council Meeting 01-23-17 -3- of Resolution No. 1 i95 be constructed within 60 days, that Azul be kept on � leash at all times when not in the house or in the dog run and that the City Council retain jurisdiction over this matter for an additionaF 9Q days. Councilmember Mirsch seconded the motion, which carried with Councilmember Wilson opposed. WILLDAN ENGINEERING ANN[JAL UPDATE. (ORAL REPORT} Planning Director Schwartz provided a report on �he number of development cases that Willdan Engineering has processed. She stated that since the contract began in 2008, Willdan has reviewed a total of 31 projects, with eight projects under construction currently and 18 projects completed. Discussion ensued concerning Willdan's expedited service and expectation versus rea�ity. No actian was taken. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS (cont.) Co�tncilrnember Mirsch asked that sta�f provide an�pdate on enfarcement efforts related to the City's fire fuel hazard abatement ardinance. Councilmeznber Mirsch asked that the fire fuel reduction ad hoc cornrnittee provide an update of the sta#us of fire fuel reduction in the Ci�y. Mayor Dieringer asked that staff agendize a discussion on the status of ADA compliance at City Hail. CLOSED SESSION None. AD30URNMENT Hearing no further business before the City Council, Mayor Dieringer adjourned the meeting at 8:44 p.m. The next regular meeting af the City Council is scheduled to be held on Monday, Febniary 13, 2017 beginning at 7:00 p.m, in the City Cauncil Chamber at City Hall, 2 Portuguese Bend Road, Ro�ling Hills, California. Respectfully submitted, Heidi Luce Ci#y Clerk Approved, � Y ea Dieringer Mayor Minutes City Council Meeting 01-23-17 -4-