11-13-17.pdf MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY,NOVEMBER 13, 2017
1. CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayar Black at
7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
2. ROLL CALL
Councilmembers Present: Dieringer, Mirsch,Pieper, Wilson and Mayor Black.
Councilmembers Absent: None.
Others Present: Raymond R. Cruz, City Manager.
Natalie Karpeles,Assistant City Attorney.
Yolanta Schwartz,Planning Director.
Yvette Hall, Interim City Clerk.
Julia Stewart, Senior Planner
John Resich, 8 Outrider Road.
3. OPEN AGENDA- PUBLIC CONIlVIENT WELCOME
None.
4. CONSENT CALENDAR
A. Financial Statement for the Month of September 2017.
RECOMMENDATION: Approve as presented.
B. Brown Act Complaint filed by Lynn Gill.
RECOMMENDATION: Receive and File.
C. Consideration of Buyout of the City's Contract with MuniTemps for the Purpose to
Permanently Hire the Interim City Clerk.
RECOMMENDATION: Approve as presented.
Councilmember Dieringer requested that Consent Calendar Item 4B be removed from the consent
calendar for individual consideration. Hearing no objections,Mayor Black so ordered.
Councilmember Dieringer moved that the City Council approve Consent Calendar Itern Nos. 4A and 4C
as presented. Mayor Pro Tem Wilson seconded the motion, which carried without objection by a voice
vote as follows:
AYES: COLTNCILMEMBERS: Dieringer,Mirsch,Pieper, Wilson and Black.
NOES: COiJNCILMEMBERS: None.
ABSENT: COLTNCILMEMBERS: None.
ABSTAIN: COiJNCILMEMBERS: None.
Councilmember Dieringer commented on Consent Calendar Item No. 4B related to the email entitled
"Protect Your Rolling Hills Tax Dollars." She questioned if the email would have been a Brown Act
violation if two or more Councilmembers participated.
Assistant City Attorney Karpeles advised that because only two Councilmembers participated in the
circulation of the email entitled"Protect Your Rolling Hills Tax Dollars"; therefore, there was no majority
of Councilmembers involved in the dissemination and discussion as to how certain Councilmembers
would be voting on the upcoming Ordinance No. 354.
Councilmember Dieringer stated that she did not discuss the topic nor participate in the circulation of the
emails regarding Ordinance No. 354 as presented in the staffreport.
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Mayor Black stated that he did not discuss the topic nor participate in the circulation of the emails
regarding Ordinance No. 354 as presented in the staff report.
Mayor Pro Tem Wilson stated that he did not discuss the topic nor participate in the circulation of the
emails regarding Ordinance No. 354 as presented in the staffreport.
Councilmember Dieringer moved that the City Council receive and file Consent Calendar Item No. 4B as
presented. Mayor Pro Tem Wilson seconded the motion.
In response to Mayor Black's question of whether Brown Act violations are civil or criminal, Assistant
City Attorney Karpeles stated that Brown Act violations can be civil or criminal. Assistant City Attorney
Karpeles further stated that, without giving legal advice, there are other various causes of action that
Mayor Black could raise against, such as libel and/or slander; however, as a public figure the bar to meet
that standard is very high and she recommended that Mayor Black seek the advice of an attorney.
The motion carried without objection by a voice vote as follows:
AYES: COiJNCILMEMBERS: Dieringer,Mirsch,Pieper, Wilson and Black.
NOES: COUNCILMEMBERS: None.
ABSENT: COiJNCILMEMBERS: None.
ABSTAIN: COiJNCILMEMBERS: None.
Mayor Black requested that Agenda Item l0A be taken out of order and discussed at this time. Hearing
no objections, Mayor Black so ordered.
10. MATTERS FROM STAFF
A. QUARTERLY SCHEDULE OF 1NVESTMENTS REPORT FOR THE QUARTER
ENDING SEPTEMBER 30, 2017.
Finance Director Shea presented an overview of the quarterly investment report for the quarter ending
September 30, 2017. He noted that cash is down due to a payment made to Republic Services and
investment monies made to the California Public Employees' Retirement System.
Mayor Pro Tem Wilson moved that the City Council receive and file the investment report for the quarter
ending September 30, 2017 as presented. Councilmember Dieringer seconded the motion, which carried
without objection by a voice vote as follows:
AYES: COUNCILMEMBERS: Dieringer, Mirsch,Pieper, Wilson and Black.
NOES: COiJNCILMEMBERS: None.
ABSENT: COiJNCILMEMBERS: None.
ABSTAIN: COLTNCILMEMBERS: None.
5. COMMISSION ITEMS
A. RESOLUTION NO. 2017-18. A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS 1N ZONING CASE NO. 923, APPROVING A
REQUEST FOR A SITE PLAN REVIEW FOR GRADING AND VARIANCE TO
RETAIN A PORTION OF IMPORTED DIRT FOR THE GR.ADING AND TO EXPORT
THE REMAINING PORTION OF THE DIRT, TO CONSTRUCT GREATER THAN 2:1
SLOPE AND TO MODIFY A PREVIOUSLY APPROVED PROJECT, (ZC NO. 843),AT
38 PORTUGUESE BEND ROAD (LOT 118-RH), (WHEELER).
Mayor Black asked for staff's comments. Planning Director Schwartz stated this item is a Resolution
approved by the PC for a case that was previously brought forth to the City Council as a code enforcement
nuisance violation. She provided the history of the project and indicated that the City Council directed
that the case be sent back to the Planning Commission (PC) for repairs and Variances, if necessary, or
remediate the project by removing the violation. She stated that the project is located at 38 Portuguese
Bend Road and the net lot area for development purposes is 4.43 acres. She stated that the applicant
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requested a Site Plan Review for grading to re-grade slopes that were disturbed by the dumping of dirt that
they brought onto the property. She stated that a Variance for the import of the unauthorized dirt is
requested and upon completion of the project as approved by the Resolution, the applicant needs to export
some dirt which also requires a Variance. She noted that there is one area of the slope that the applicant is
planning to reconstruct that will be a 1.5:1 slope rather than a 2:1 slope maximum permitted. She stated
that the PC ultimately approved the project after requesting several revisions from the applicant. Planning
Director Schwartz indicated that the PC is recommending that the City Council approve the project.
Mayor Black opened public comments. Hearing none, Mayor Black closed public comments.
Councilmember Dieringer expressed concern with the erosion plan not being submitted by the due date
and with the City Council being asked to find a legal reasoning for a Variance that was prompted by the
illegal act of allowing tons of dirt to be deposited on the properry without City permission. She expressed
concern with the multiple code enforcernent violations. Councilmember Dieringer stated that she cannot
find a legal reason to approve a Variance and recommended that this project be taken under jurisdiction.
Mayor Black commented that it was his understanding that the County Building Department did not allow
any steeper grades than a 2:1 maximum.
Planning Director Schwartz clarified that under special circumstances the County Building Department
will approve steeper than 2:1 slopes and that the City has granted several Variances that are more than 2:1
slope.
Councilmember Mirsch cornrnented that the applicant's request for a Variance request is to return the
slope to what was there originally.
Discussion followed among the Councilmembers and staff regarding the grade of the slope.
Councilmember Pieper commented that he felt the project is better without the wall.
Discussion followed among the_ Councilmembers and staff regarding grading, Condition N of the
Resolution related to maintaining the property free of dead trees and vegetation and the visibility of the
pool.
Councilmember Mirsch stated that she was not interested in taking the project under jurisdiction and
suggested that Condition N of the Resolution be removed if acceptable by the Assistant City Attorney.
Assistant City Attorney Karpeles advised that removal of Condition N from the Resolution was
acceptable.
Councilmember Mirsch moved that the City Council receive and file Planning Commission Resolution
No. 2017-18, granting approval of the applicant's request in Zoning Case No. 923 at 38 Portuguese Bend
Road, and to remove Condition N of Resolution No. 2017-18. Councilmember Pieper seconded the
motion.
Councilmember Dieringer commented that due to the water course there may be a need for an additional
engineering study.
The motion carried by a roll call vote as follows:
AYES: COUNCILMEMBERS: Mirsch, Pieper and Wilson.
NOES: COUNCILMEMBERS: Dieringer and Black.
ABSENT: COiJNCILMEMBERS: None.
ABSTAIN: COiJNCILMEMBERS: None.
B. RESOLUTION NO. 2017-20. A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A SITE PLAN
REVIEW, CONDITIONAL USE PERMIT, AND VARIANCES FOR CONSTRUCTION
OF A NEW GARAGE,RESIDENTIAL CONVERSION/ADDITION,ADDITION TO AN
EXISTING POOL HOUSE, A NEW SPA, NEW RETAINING WALLS, AND TO
EXCEED THE MAXIMUM PERMITTED WALL HEIGHT AVERAGE AND
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DISTURBANCE OF THE LOT IN ZONING CASE NO. 925 AT 16 PINE TREE LANE
(LOT 81-1-RH), SLJNITHA BHARADIA)
AND
CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC
COMMISSION TO APPROVE A NEW DRIVEWAY APRON.
Senior Planner Stewart presented the staff report for a project at 16 Pine Tree Lane. She stated the
applicant is requesting a Site Plan Review to construct a new approximately 938 square foot residential
addition and 982 square foot basement, conversion of a 484 square foot garage to a new residential entry,
new spa, which when added to the existing swimming pool causes the pool/spa to be over 800 square feet,
and two retaining walls, one at three feet and one at 30 inches in height. She indicated that the grading for
this project is proposed at a total of 491 cubic yards of dirt. She stated that a Conditional Use Permit is
requested for the addition of 352 square feet to an existing 430 square foot pool house resulting in a 782
square foot pool house. She further stated that the applicant is requesting Variances for disturbance that
exceeds the allowable 40 percent limit and an average wall height higher than 2 %2 feet. Senior Planner
indicated that the applicants propose to retain a portion of the existing driveway, and to construct a new
driveway apron leading to the new garage. Senior Planner Stewaer stated that the Traffic Commission
reviewed the new driveway approach at the July 27, 2017 meeting and recommended approval. Senior
Planner Stewart indicated that no public inquiries were received for the project. Senior Planner Stewart
stated that the project is categorically exempt from the California Environmental Quality Act(CEQA).
In response to Councilmember Dieringer's question, Senior Planner Stewart stated that it was the Planning
Commissioners who expressed concern regarding the project. She stated the concerns were regarding the
level of the cut and fill related to the proposed garage and basement.
Planning Director Schwartz stated that there was one resident that questioned the general grading of the
existing driveway.
Councilmember Mirsch indicated that she attended the field trip and PC meeting.
Mayor Black opened public comments. Hearing none, Mayor Black closed public comments.
Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No.
2017-20, granting approval of the applicant's request in Zoning Case No. 925 at 16 Pine Tree Lane.
Mayor Pro Tem Wilson seconded the motion, which carried without objection by a voice vote as follows:
AYES: COiJNCILMEMBERS: Dieringer, Mirsch,Pieper, Wilson and Mayor Black.
NOES: COiJNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
ABSTAIN: COLTNCILMEMBERS: None.
C. RESOLUTION NO. 2017-19. A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A SITE PLAN
REVIEW FOR CONSTRUCTION OF RESIDENTIAL AND GARAGE ADDITION,
COVERED PORCHES AND TI�ELLIS 1N ZONING CASE NO. 930 AT 52
PORTUGUESE BEND ROAD (LOT 4-FT), (WACHS).
Senior Planner Stewart presented the staff report. She stated that the applicant is requesting a Site Plan
Review for construction of a residential and garage addition of 1,464 square feet and 518 square feet
respectively, 855 square foot covered porches and a new 200 square foot trellis at 52 Portuguese Bend
Road. She indicated that the disturbance exceeds the maximum 40 percent; however, it is existing
disturbance thus the applicant is working within the previously disturbed areas. She indicated that there is
an existing pad that is being used for all the improvements. She further stated that no grading is proposed
aside from if the Fire Department requires a widened driveway. She indicated stated that no comments
were received the surrounding residents. Senior Planner Stewart stated that the project is categorically
exempt from the California Environmental Quality Act(CEQA).
Mayor Black opened public comments. Hearing none, Mayor Black closed public comments.
John Resich, 8 Outrider Road, commented that he is the architect for the project. Mr. Resich stated that
the Fire Department will allow the owner to do minimal expansion on the roadway of 15 feet.
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Councilmember Mirsch stated that she attended the field visit and PC meeting. Councilmember Mirsch
indicated that although she lives across the street from the project, she is far enough out of the range to
require that she recuse herself from the discussion of the project.
Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No.
2017-19, granting approval of the applicant's request in Zoning Case No. 930 at 52 Portuguese Bend.
Mayor Pro Tem Wilson seconded the motion,which carried without objection by a voice vote as follows:
AYES: COLTNCILMEMBERS: Dieringer,Mirsch, Pieper, Wilson and Mayor Black.
NOES: COLTNCILMEMBERS: None.
ABSENT: COiJNCILMEMBERS: None.
ABSTAIN: COLTNCILMEMBERS: None.
6. PUBLIC HEARINGS
None.
7. OLD BUSINESS
None.
8. NEW BUSINESS
None.
9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
A. CONSIDERATION OF THE REAPPOlNTMENT OF THE INCUMBENT PLANNING
COMMISSIONERS TO A FOUR-YEAR TERM COMMENCING ON JANUARY 1, 2018.
City Manager Cruz presented the staff report and recommended that the City Council reappoint
incumbents Gregg Kirkpatrick and Matt Seaburn to the Planning Commission.
Councilmember Pieper moved that the City Council reappoint incumbents Gregg Kirkpatrick and Matt
Seaburn to the Planning Commission for a four-year term commencing on January 1, 2018.
Councilmember Mirsch seconded the motion,which carried without objection by voice vote as follows:
AYES: COiJNCILMEMBERS: Dieringer,Mirsch, Pieper, Wilson and Mayor Black.
NOES: COUNCILMEMBERS: None.
ABSENT: COiJNCILMEMBERS: None.
ABSTAIN: COiJNCILMEMBERS: None.
B. UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT
COMMITTEE MEETING HELD ON NOVEMBER 9, 2017. (ORAL)
Councilmember Dieringer provided an update and noted that the City of Palos Verdes Estates is still
experiencing issues with the installation of their automated license plate reader system and are working to
expedite the completion. She provided an update on the ambulance response times and indicated that they
will always be the second to arrive after the Fire Department Paramedic arrives. She stated that the
ambulance's arrival is well within the legal response times.
Mayor Pro Tem Wilson stated that the ambulance response time reports now have the addresses redacted.
Mayor Black requested that staff request that the cross streets be provided on the ambulance response time
reports.
City Manager Cruz stated that he would follow up on the request for cross streets on the response time
reports.
11. PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
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12. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL
Existing Litigation—Government Code Sections 54956.9 (a)and(d)(1)
City of Rolling Hills v. California Water Service Company, Case No. 17-08-006 closed
session to confer with, or receive advice from, the City Attorney regarding pending
litigation due to the fact that discussion in open session concerning this matter would
prejudice the City's position in the litigation.
The City Council convened into closed session at 8:09 p.m.
13. RETURN TO OPEN SESSION
A. ANNOUNCEMENT OF ACTIONS FROM CLOSED SESSION(ORAL REPORT).
In the matter of existing litigation in the City of Rolling Hills v. California Water Service Company, Case
No. 17-08-006,Assistant City Attorney Karpeles reported that no reportable action was taken.
14. ADJOURNMENT
Hearing no further business before the City Council, Mayor Black adjourned the meeting at 8:20 p.m. in
memory of long time resident Elizabeth Bartlett. The next regular meeting of the City Council is
scheduled to be held on Monday, November 27, 2017 at 7:00 p.m. in the Council Chamber, Rolling Hills
City Hall, 2 Portuguese Bend Road,Rolling Hills, California.
Respectfully submitted,
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Yv tte Hall
City Clerk
Approved,
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