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08-28-17 . � � § $ 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 Minutes 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. Minutes 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. Minutes City Council Meeting 08-28-17 -4- 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 Minutes City Council Meeting 08-28-17 -5-