08-28-17 . �
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$ NiINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF TFIE
CITY OF ROLLING HILLS, CALIFQRi�TIA
MONDAY,AUGCJST 28,2017
CALL TO ORDER
A regular meet�ing af the City Council of the City of Rolling Hills was called#o order by Mayor Black at
7:Q0 p.m. in the Ciry Council Chamber at City Hall,2 Portuguese Bend Road,Rolling Hills, California.
ROL�. CALL
Councilmembers Present: Dieringer, Mirsch,Pieper, Wilson and Mayor Black.
Councilmembers Absent: None.
Others Present: Raymond R. Cruz, City Manager.
Michael Jenkins, City Attorney.
Yolanta Schwartz, Planning Director.
Julia Stewart,Assistant Planner.
Yvette Hall, Interim City Clerk.
Marcia Gold, 9 Flying Mane Road
Ka#hy Nichols, 14 Crest Road West
Jim Aichele, 14 Crest Raad West
OPE�T AGENDA-PUBLIC CONIlI�NT WELCOME
NO�TE.
CONSENT CALENDAR
Matters which may he acted upon by the City Councal in a single motion. Any Councidmember may
request removal of any item from the Consent Calendar causing it ta be considered under Council
Actaoris. '
A. Minutes -Regular Meeting of August 14, 2017.
RECOMMENDATION: Approve as presented.
B. Payment of Bills.
REC011�1�NDATION: Approve as presented.
C. Republic Services Recycling Tonnage Report for�uly 2017
RECOMII�NDATION: Approve as presented.
Interim City Clerk Ha11 informed the City Council that Councilmember Dieringer requested two
corrections to the minutes of August 14, 2017 as follows: Page 8, Item 2 of the Update on the Pa1os
Verdes Peninsula Regiona� Law Enforcemen�t Committee Meeting held on August 10, 2017 {Oral} - Add
"Hawever, Captain Beringer stated he would forward a copy of the report now." and delet� the word
"repo�rting"and replace with"invesngating."
Following brief discussion, Courici�member Pieper moved that the City Council approve the items on the
-- cansent calendar as presented with two corrections to the minutes. Mayar Pro Tem Wilson secanded the
motioi�,which cairied without objection.
��
C�MM�SSION�TEMS
RESOLUTION NO.2017-12, A RESOLUTION OF THE PLANNING COMMiSSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR THE
C�NSTRUCTI�N OF A NEW RESIDENCE WITH GARAGE, AND ACCESSORY
AMENIT'IES; A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE AND
, VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE THAN
�., PREV�OUSLY APPROVED FOR THE LQT, FQR HIGHER THAN 5.' PRIVACY WALL AND
-1-
TO LOCATE P4RTION OF THE POOL AND COVERED PATIO IN THE FRONT YARD OF
THE PROPERTY IN ZONING CASE NO. 922 AT 0 POPPY TRAIL, (LOT 90-BA-RH),
(SERPA).
A MITIGATED NEGATIVE DECLARATION (MND) FOR THE PREVIOUSLY APPROVED
PROJECT WAS ADOP'TED ON OCTOBER 5, 2010 AND AMENDED ON FEBRUARY ll,
201�. AN ADDENDUM TO THE MND REFLECT'ING THE CURENTLY PROPOSFU
MODIF'ICAT�ON TO DISTURBANCE OF THE LOT HAS BEEN PREPARED PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REQUIREMENTS.
Mayor Black in�oduced the item and asked for staff's comrnents. Planning Director Schwartz presented
the staff repart sta�ing that the project was for redevelopment on a property that resulted as a subdivision
following the landslide of 2045. She provided a brief over�iew of the project. Planning Director
Schwartz stated that there was a landslide in the area of Poppy Trail off of Portuguese Bend Raad in 20,�5
that was remediated between 201 a and 2012 and included many enviranmenta.l issues that were stu�lied.
She indicated several variances were granted as a result af several lot line adjustments and zoning chaiiges
and as a result, two iots were created which are now 0 Poppy Trail and 1 Poppy Trail. She stated the
property was remediated by the Joint Powers Insurance Authority wha acquired the lot. Planning Director
Schwartz reviewed the past property approvals and enviroFunental review for lot disturbance. She sta.ted
that staff prepared an amended Mitigated Negative Declaration due to a reporting percentage error and
provided the amended Mitigated Negative Declaration to the City Council and the public.
In response to Mayor Pro Tem Wilson's questions, Planning Director Schwartz stated that the amended
Mitigated Negative Declaration addresses both lots; she explairied that the front yard setback was between
the road and the house and that anything in front of the leading edge of the house is considered the front
yard and, therefore, no construction could be done in that area without a variance; she explained the
portian of#he 1ot that includes access to the Hesses's Gap riding ring was an ecologically sensitive area;
and Planning Director Schwartz stated that the word "his" on page two of the staff report would be
correc#ed.
�n response to Councilmember Mirsch's question, Planning Director Schwartz conf�rmed that the
proposed grading was only for the subject building pad as approved in fhe remediation p1an and because
there was no drainage infrastructure on the vacant portion of the lot.
Councilmember Pieper moved that the City Council receive and file Planning Commission Resolutiori No.
2017-12 granting approval of the applicant's request in Zoning Case No. 922 at�Poppy Trail. Mayor Pro
Tern Wilson seconded tl�e rnotion,which carried without objection.
RESOLUTION NO. 2017-�3. A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A SITE PLAN REVIEW
FOR CONSTRUCTION OF FOUR RESIDENTIAL ADDITIONS TOTALING 917 SQUARE
FEET, A 200 SQUARE FOOT TRELLIS, TWO TERRACES, AND ANY RELATED
IlV�ROVEMENTS IN ZONING CASE NO. 924 AT 7 PORTUGUESE BEND ROAD, LOT 41-
RH, (MARTIN). CEQA CATEGORICALLY EXEMPT UNDER CLASS 1, SECTION 15341
Councilmember Pieper recused himself from consideration of this case due to the proximity of his
property to the subject property and left the dais. Mayor Pro Tem Wilson recused himself from
considerafion of this case due to a business relationship he has with the applicant.
Mayor Black introduced#1ze item and asked for staffs comments. Assistant P�anner Stewart presented the
staff report and indicated that the applicant is requesting a Site Plan Review for residential additions and
remodeling of the existing residence and garage, increasing the square faotage af the living area by 417
square feet. She indicated that also propased are front and back terraces. Assistant Planner Stewart stated
that the property was designated for restricted development and tha# the appiicant has requested that the
restricted developrnent designation an the praperry be rernoved.
In response to Councilmembe7r Diexinger's questions, Assistant Planner Stewart stated that Resolution No.
2017-13 would be modified by replacing al] references to the "Planning Commissian" with the "City
Council" as the governing body in Section 6.B. af �he Resolution, and clarified that there is no
standardized criteria for a restricted deve�opment designation.
Cour�cilmember Mirsch moved that the City Councii receive and file Planning Commissian Resolution
No. 2017-13 granting approval of the applicant's request in Zoning Case No. 924 at 7 Portuguese Bend
Road with a madification to Resolution No. 2017-13 by replacing all references to the "Planning
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City Councii Meeting
08-28-17 -2-
Commission" with the "City Council" as the gover�ing body in Section 6.B. Councilmember Dieringer
seconded the motion, which carri�d without objectiox�. Mayor Pro Tem Wilson returned to the dais.
Councilmember Pieper rema.ined autszde of the Cxty Cauncil Chamber due to his recusal far the next
agenda mattex, �tem 5-C.
RESOLUTION NO. 2017-14. A RESOLUTION OF THE PLANNING COMMISSIQN OF
THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A CONDITION USE
PERMIT F4R CONSTRUCTION OF A 779 SQUARE �'OOT STABLE, AND 3,290
SQUARE FOOT CORRAL IN ZONING CASE NO. 92b AT 6 MEADOWLAftK LANE,
LOT 20-RH, (DUNLAP}. CEQA CATEGOIUCALLY EXEMPT UNDER CLA�S 3,
SECTION 15303.
CounGilmember Pieper recused himself from caz�sideration of this case due to the proximity af his
property to the subject property az�d left the da.�s. Mayor Pro Tern Wilson re�rned to the dais.
Mayor Black in�oduced the item and asked for staff's comments. Assistant Planner Stewart presented a
summary of the staff report and iridicated that the applicant was �roposing to construct a new stable and
corral.
In response to Councilmember Dieringer's questions, Assistant Planner Stewart clarified that the stable
access must be permeable directly adjacent to the stabl� to allow space between the paved roughened
existing access and the portion of the corra� that the horses walk through before tlaey entex the stable, and
that there was no second driveway.
Mayor Pro Tem Wilson moved that the City Council receive and f le Planning Commission Resolution
Na. 2017-14 gran�ing app:roval of�he applicant's request in Zoning Case No. 926 at b Meadowlark Lane
with a modification to Resolution No. 2017-14 by replacxng all references to the "Pla.nning Commission"
with the "City Council" as the gaverniing body in Section S.B. Councilrnember Mirsch seconded the
Fnotion, which carried without ob�ection. Councilrnember Pieper retuzned to the daas.
PUBLIC HEARINGS
NONE.
OLD BUSINESS
NONE.
NEW BUSINESS
WAIVE FULL READING AND INTRODUCE ON FIRST READING ORDINANCE NO. 353
AN ORDINANCE QF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO
THE AOLLING HILLS IvIUNICIPAL CODE PROHIBITING THE FEEDING OF FERAL
BIRI]S AND ANIMALS.
Mayor Black introduced the item and stated that he requested that the City Attorney and Cxty Manager
revise #he proposed ordinance to exclude feral cats. City Manager Cruz stated that the revised ordinance
from the City Attorney was provided to the City Council and the public. City Manager Cruz also
indicated that Councilmem�er Dieringer d�rafted a revised version of the proposed ordinance that was
provided to the City Council and the public.
City Attozx�ey Jenkins reviewed the rEvised versions of the ordinances. He indicated that the City
Attorney's version identitifed those animals that are prohibifed from feeding by cxeating a classification
and exlcuded cats from the prohibition.
Discussion ensued among the City Council and City �Attorney regarding the revised versians of the
ordinances, includir�g Councilrne�nber Dieringer's version. By consensus, the City Cauncil indicated that
the City Attorney's revised version of the ordinance would be cansidered.
Mayor Black called for public comment.
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Czty Council Meeting
08-28-17 -3-
Marcia Gold, 9 Flying Mane Road, commented on the definitions of feral versus nondomesticated
animals. She indicated she was not in suppart of feeding peafowl.
Kathy Nichols, 14 Crest Road West, commented that she has concerns with the way birds are described in
the proposed ordinance. She stated she does not mind crows and has been feeding birds for 29 years. Ms.
Nichols stated she has had rare birds on her property studied by major universities and arganizations. She
expressed concern that other animals, such as horses and dogs, are rnore of a public safety hazard than
birds.
Jim Aichele, 14 Crest�Road West, expressed concern ove�r the feeding of bixds on the ground and that this
should not be prohibited. Mr. Aichele stated that he is not for or against prohibiting peafowl and that
horses should be considered in order to eliminate rodents from the City.
Following discussion, Councilmember Mirsch moved that the City Council introduce Ordinance No. 353,
as amended in the City Attorney's version, for first reading, waive full reading and scheduie the second
reading and adoptian far the next regular meeting of the City Council. Councilmember Pieper seconded
the motion,which carried withaut objectian.
MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
Taken out of order—see below.
Mayor Black rec}uest�d that Ttern 10-A be taken out of order and discussed at this juncture. Hearing no
objection, Mayor Black so ordered.
MATTERS FROM STAFF
DISCUSSION AND POSSIBLE DIRECTION CONCERNING THE CiTY OF ROLLING HILLS
PARTICIPATING 1N A C�MMUNITY CHOICE AGGREGATION (CCA) PRQGRAM TO
PROVIDE RESIDENTS FUTURE ENERGY OPTIONS.
Mayor Black introduced the item and asked for staff's comments. Assistant Planner Stewart presented a
brief surnrnaly of the staff report and introduced Matt Skolnik from the Los Angeles Community Choice
Energy(LACCE}program.
Mr. Skolnik presented a summary af the LACCE program and. explained the definition of a Community
Chaice Aggregation (CCA), which is a hybrid approach ta utility operations and has the ability to lower
energy rates for residents. He discussed the history,timeline, benefits flf the program, costs to join a CCA
program, various renewable tier levels, and the number of representatives that each city is allowed to
appoint to the Board of Directors and joining tlie 7oint Power Authority (JPA).
Discussion ensued among the City Council and Mr. Skolnik regarding the $10 million �oan approved by
the Los Angeles County Board of Supervisors, options for residents ta opt out, vating �ights of t1�e Board
of Directors, exit fees, energy rates, the qualifications of i�he Interim Executive Director of the JPA,
timeframe to join the JPA, Power Charge Indifference Adjustment being evaluated by California Pub�ic
Utilities Comtnission {CPUC), duplication of efforts by the utility companies, and management by the
County of Los Angeles.
Following discussion, the City Council directed s�aff to provide additional information on the CCA
Program, including liabilities, energy rates from Marin County and the City of Culver City's business plan
analysis. No action was taken.
Councilmember Dieringer provided the City Council with a copy of the press release from the CPUC on
the topic of"CPUC to Consider Equitability of Charges Community Choice Customers Pay."
QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING
JUNE 30,2017.
Mayor Black introduced the item and asked far staff's comments. Finance Director Shea provided a
sununary of the staff report. Finance Director Shea compared the third quarter of investments for FY
2a16117 to the faurth quarter of investments for FY 2016/17, discussed the CALPERS earnings and the
purchase of a new CD which received 1.75 percent interest rate.
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Councilmember Mirsch moved tha.t the City Council rec�ive and file the investment report as presented.
Councilmember Dieringer seconded the motion, which carried without objection.
MATTERS FROM THE CITY COUNCIL A�TD MEETING ATTENDANCE REPORTS
Cout�cilmember Mirsch asked that staff agendize the process for taking Plataning Commissian cases under
ad.visement and then withdrew her request.
Mayor Black asked that staff agendize the pracess for taking Planning Commi�ssion cases under
� advisement(oral) at a future City Council meeting. City Manager Cruz indicated that the matter would be
agendized at a future City Council meeting. *
Mayor Black asked that staff agendize a c�iscussion on the use of constructzon fencing (ora�) at a future
City Council meeting. City Manager Cruz stated tl�a.# the matter would be agendized at a future City
CouncxX meeting.
CLOSED SESSION
NONE.
,A.DJOURNMENT
Hearing no further business before the City Counci�, Mayor Black adjourned the meeting at 9:09 p.m, in
memory of long time resident Dorothy Lacy. The ne�regular meeting of the City Council is scheduled to
be held on Monday, 5eptember 11, 2Q17 beginning at 7:00 p.m. in the City Council Chambex at Ciry Ha11,
2 Portuguese Bend Road, Rolling Hills, California.
Respectfully submitted,
�
Yv e HaZi
Interim City Clerk
Approved,
James Blac .D.
Mayor
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