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5/11/20091 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, MAY 11, 2009 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Heinsheimer at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend'Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Hill, Mayor Pro Tem Pernell and Mayor Heinsheimer. Councilmembers Absent: Lay (excused). Others Present: Anton Dahlerbruch, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, Interim Deputy City Clerk. Lt. Greg Ahn, LASD, Lomita Station. Richard Henke, Chairman, Planning Commission. Kit Bagnell, Los Angeles County Department of Building and Safety. CONSENT CALENDAR Matters which may 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 April 27, 2009. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Resolution No. 1061 - A Resolution of the City Council of the City of Rolling Hills to Endorse Measure V - The Parcel Tax Measure for Palos Verdes Peninsula Unified School District. RECOMMENDATION: Approve as presented. D. Correspondence from Cox Communications regarding Channel Changes. RECOMMENDATION: Receive and file Councilmember Black requested that item C be removed from the Consent Calendar for individual consideration. Mayor Heinsheimer so ordered. Councilmember Hill moved that the City Council approve the items A, B and D on the consent calendar. Councilmember Black seconded the motion, which carried unanimously by those council members in attendance. C. Resolution No. 1061 — A Resolution of the City- Council of the City of Rolling Hills to Endorse Measure V - The Parcel Tax Measure for Palos Verdes Peninsula Unified School District. Councilmember Black expressed concern that the percentage of finances related to personnel costs has not been adequately addressed and stated that he would not support the Measure. Mayor Pro Tem Pernell asked if the City Council has in the past taken a position on this type of issue. Councilmember Black stated that the Council typically does not. Mayor Heinsheimer added that the Council has occasionally taken positions on very local issues, but not on more global issues. Councilmember Black moved that the City Council not take a position on Measure V. Mayor Pro Tem Pernell seconded the motion, which carried by the following roll call vote: Minutes City Council Meeting 05/11/09 _ 1 _ AYES: Councilmembers Black, Hill and Mayor Pro Tem Pernell. NOES: Mayor Heinsheimer. ABSENT: Councilmember Lay. ABSTAIN: None. COMMISSION ITEMS A. RESOLUTION NO. 2009-04. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE FROM THE REQUIREMENT THAT A STABLE AND CORRAL BE CONSTRUCTED OR AN AREA FOR A FUTURE STABLE AND CORRAL BE SET ASIDE IN ORDER TO CONSTRUCT AN ADDITION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 768, AT 13 OUTRIDER ROAD, (LOT 94 -A -EF), (HANG JA YOO). Planning Director Schwartz presented Planning Commission Resolution No. 2009-04 granting a variance from the requirement that a stable and corral be constructed or an area for a future stable and corral be set aside in order to construct an addition at an existing single-family residence located at 13 Outrider Road. She stated that applicant is requesting to be relieved from the requirement to set aside an area for a stable and corral in order to add a 626 sq. ft. addition to the existing residence. She stated that the property is unique in that it abuts both Outrider Road and Eastfield Drive. She added that the residence is located toward the rear of the property, 50 ft. from the Eastfield roadway easement with a long very steep driveway to Outrider. Additionally, the property has a slope of between 33 and 39% and the applicant felt that the natural terrain should not be destroyed to set aside an area for stable and corral. She further stated that no other variances have been requested and all of the other development standards meet the City code. Planning Director Schwartz stated that the Planning Commission adopted the Resolution by three votes due to the fact that only three Commissioners were present at the meeting at which it was presented. She noted however that at the meeting where staff was directed to prepare a Resolution of adoption all five Commissioners were present and concurred. Mayor Pro Tem Pernell asked if there was ever a barn and corral space set aside on this property. Planning Director Schwartz stated that the house was originally built in 1959 when there was no requirement to set a side a space for a future barn and corral. Mayor Pro Tem Pernell moved that the City Council receive and file Planning Commission Resolution No. 2009-04. Councilmember Black seconded the motion, which carried unanimously by those council members in attendance. B. RESOLUTION NO. 2009-03. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED NET LOT AREA, A MODIFICATION TO A PREVIOUSLY APPROVED APPLICATION IN ZONING CASE NO. 712, ADOPTED BY RESOLUTION NO. 2005-29 AT 1 CREST ROAD EAST (LOT 1 -FT), (HUH). Planning Director Schwartz stated that the Planning Commission adopted the Resolution No. 2009-03 by three votes due to the fact that only three Commissioners were present at the meeting at which it was presented. She noted however that at the prior meeting where staff was directed to prepare a Resolution of Adoption all four Commissioners that could vote, voted in concurrence. Commissioner DeRoy recused herself from the deliberation due to the proximity of her property the subject property. Planning Director Schwartz stated that the applicant is requesting an as built modification to a previous approved project. The modification consists of a request to exceed the disturbed area and a modification to the originally approved grading from 415 cubic yards to 912 cubic yards. She noted that the property owner, per her testimony, informed the Commission that during the construction process, they realized that the approved grading was not to their liking because it did not give them adequate yard area and there were too many steep hills between the pads. At the direction of the property owner, the grading was changed to create a smoother, gentler slope between the pads. Planning Director Schwartz further stated that this was done without calling for grading inspection or submitting a modified plan. She stated that during this process staff administratively approved a modification to the original plans which moved the proposed guesthouse from the front to the rear of the property. She also noted that during the construction process it was determined that the existing foundation did not have appropriate footings and Minutes City Council Meeting 05/11/09 -2- there was a gap requiring the applicant to dig up to 17 feet down to bedrock to stabilize the foundation. She added that this resulted in an excess of dirt and it was decided by the applicant and their agents that the dirt would be spread around the property rather than exporting it: She noted that at the field trip, Ross Bolton of Bolton Engineering stated that although the graded/disturbed area is larger than originally approved, the depth of the dirt is shallower resulting is a shallower cut and lower fill. She stated that the disturbed area was originally approved at 36.9% and the resulting as graded is 54.2% requiring a variance. She further reviewed the configuration of the lot noting that the lot is 4.8 acres net, but due to the very large frontage along Crest Road and the lot being along Portuguese Bend Road, much of the square footage is deducted for roadway easements resulting in a net lot area of 2.7 acres. She stated that the Planning Commission held several meeting concerning this property, including site visits and expressed extreme dissatisfaction with the process by which the grading occurred and spoke very harshly to the parties involved. She further stated that ultimately, the Commission approved the modification and variance; and in their findings, they found that the as graded is more aesthetically pleasing and according to the County does not compromising the geology of the property. She added that during the grading process, the applicant's geologist and soils engineer were present and submitted reports to the County. She stated that the City also received reports from the County stating that their geologist approved the grading and keyway. Mayor Pro. Tem Pernell asked how this came to the City's attention. Planning Director Schwartz explained that she noticed that the grading didn't appear to match the plans as she drove past the property and after further investigation confirmed that to be true. Mayor Pro Tem Pernell asked how this type of situation can be prevented in the future. City Manager Dahlerbruch stated that in moving forward, the County will be conducting weekly drive by visits of the projects going on in the City. He further stated that the city expressed in very strong terms to the engineer, grader and geologist that this type of behavior would not be tolerated in the future. Councilmember Black moved that the City Council receive and file Planning Commission Resolution No. 2009-03. Mayor Pro Tem Pernell seconded the motion, which carried unanimously by those council members in attendance. PUBLIC HEARINGS A. RESOLUTION NO. 1060. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS CONSOLIDATING SEVERAL PREVIOUSLY ESTABLISHED FEE RESOLUTIONS FOR SERVICES PROVIDED BY THE CITY INCLUDING BUT NOT BE LIMITED TO PLANNING, ZONING AND SUBDIVISION; ENVIRONMENTAL REVIEWS; ISSUANCE OF CONSTRUCTION PERMITS; GENERAL ADMINISTRATION AND PROCESSING: TRAFFIC REVIEW AND VIEW IMPAIRMENT REVIEW: AMENDING CERTAIN FEES AND ESTABLISHING NEW FEES RELATIVE TO LIGHTING ORDINANCE IMPLEMENTATION; CONSTRUCTION AND DEMOLITION ORDINANCE IMPLEMENTATION AND OTHER CITY SERVICES AND CHARGES AND REPEALING CITY COUNCIL RESOLUTIONS NO. 493, 494, 496, 691, 854, 931 AND 1034. City Manager Dahlerbruch presented the staff report in support of Resolution No. 1060 which consolidates several previously established fees resolutions combining them into one Resolution and establishes new fees relative to the lighting ordinance implementation, construction and demolition ordinance implementation and other City services and charges. City Manager Dahlerbruch then reviewed each of the additional fees. He stated that the fees were reviewed by the Budget/Finance Subcommittee and changes were made based on recommendations from the Subcommittee. Mayor Heinsheimer opened the public hearing. Hearing no public testimony, Mayor Heinsheimer closed the public hearing. Mayor Pro Tem Pernell moved that the City Council waive full reading and adopt Resolution No. 1060. Councilmember Hill seconded the motion, which carried unanimously by those council members in attendance. B. ORDINANCE NO. 315 - AN ORDINANCE OF THE CITY OF ROLLING HILLS PERTAINING TO BARKING DOG AND OTHER ANIMAL NOISES HEARING PROCEDURES AND AMENDING THE ROLLING HILLS MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF. City Manager Dahlerbruch introduced Ordinance No. 315 proposing that the City Manager be given the Minutes City Council Meeting 05/1 1/09 -3- authority to retain a hearing officer, but not be obligated to have one. He stated that the decision whether or not to have a hearing officer would be case specific to the situation. He stated that the hearing officer would conduct fact finding and make a recommendation for the City Manager to order. He stated that before the Council are two ordinances, one an emergency ordinance and one non- emergency ordinance. The emergency ordinance, Ordinance No. 315-U is due to the fact that there is a hearing scheduled for which it would be appropriate to have a hearing officer if the Council so chooses. The second version is Ordinance 315 from which Section 2 should be eliminated. Ordinance No. 315 would be introduced for first reading. Mayor Heinsheimer opened the public hearing. Councilmember Black stated that he is not in favor of the Ordinance. Councilmember Hill asked City Attorney Jenkins for clarification of the process. City Attorney Jenkins stated that in some instances, there are occasions where it is appropriate for the case to be heard by a hearing officer. Councilmember Hill moved that the City Council waive full reading and adopt Urgency Ordinance No. 315-U. Mayor Pro Tem Pernell seconded the motion and Mayor Heinsheimer called for any opposition. Hearing opposition from Councilmember Black, the urgency motion failed. Following further discussion, Ordinance No. 315 was introduced for first reading and full reading was waived. Hearing no opposition, the second reading and adoption of the Ordinance will occur at the next meeting of the City Council. OLD BUSINESS NONE. NEW BUSINESS NONE OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME NONE MATTERS FROM MEMBERS OF THE CITY COUNCIL Mayor Pro Tem Pernell asked about the status of wind load testing of the Southern California Edison utility poles that are located in the City and suggested that a letter be sent to Edison asking for the verification that the poles have been wind load tested. Mayor Pro Tem Pernell also asked if there should be a consequence for engineers/contractors that continually disregard the City's rules and guidelines concerning development. City Manager Dahlerbruch stated that the issue would be agendized on a future agenda. MATTERS FROM STAFF A. REVIEW OF FY 2009/10 THRU 2014/15 (5 -YEAR) REVENUE PROJECTIONS. Interim Finance Director Walker reviewed the five-year revenue projections beginning with Fiscal Year 2009/10 and going through 2014/15. Following brief discussion of the economic situation and likely need that the City would utilize reserves in FY 09-10, the report was received and filed. MATTERS FROM THE CITY ATTORNEY CLOSED SESSION The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation. Existing Litigation: G.C. 54956.9(a) Hui -Tse Sheen, Individual, Plaintiff, vs City of Rolling Hills, Rolling Hills Community Association, et. al., Los Angeles County Superior Court, Case No. YC051963. G.C. 54956.9(a) Minutes City Council Meeting 05/11/09 -4- 1 1 1 1 Jonas, et al. v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No. YC033955. G.C. 54956.9(a) Freeman v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No. YC054015. No closed session was held. ADJOURNMENT Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting at 8:38p.m. to the next regular meeting of the City Council scheduled to be held on Monday, May 25, 2009 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. By: Godfrey Pernell, Mayor Pro Te Minutes City Council Meeting 05/11/09 Respectfully s miffed, *]j Heidi Luce Interim Deputy City Clerk -5-