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7/13/2009MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, JULY 13, 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, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. Councilmembers Absent: None. Others Present: Anton Dahlerbruch, City Manager. Elizabeth Calciano, Assistant City Attorney. Yolanta Schwartz, Planning Director. James Walker, Interim Finance Director. Heidi Luce, Interim Deputy City Clerk. Lt. Greg Alm, LASD, Lomita Station. Laura Walters, LA County Fire Department. Richard Kikuchi, Lance, Soll and Lungard, LLC. 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 June 8, 2009. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of May 2009. RECOMMENDATION: Approve as presented. D. Correspondence concerning approval of a modification to the existing driveway at 17 Portuguese Bend Road (Kim). RECOMMENDATION: Receive and file. E. Allied Recycling Tonnage Report for May 2009. RECOMMENDATION: Receive and file. F. Southern California Gas Company Notification of Filing of the Gas Cost Incentive Mechanism Application No. A.09-06-014. RECOMMENDATION: Receive and file. G. Consideration of the third amended and restated Joint Powers Agreement for the "South Bay Cities Council of Governments" (A Joint Powers Authority). The proposed amendment to the Joint Powers Agreement expands membership in the South Bay Cities Council of Governments to include the County Supervisors of District 2 and 4. RECOMMENDATION: Approve as presented. H. Budget/Finance Subcommittee, July 7, 2009 Meeting Notes. RECOMMENDATION: Receive and file. I. County of Los Angeles Department of Agricultural Commissioner/Weights and Measures FY 2009/10 Agreement for pest control services. RECOMMENDATION: Approve as presented. Councilmember Hill moved that the City Council approve the items on the consent calendar. Mayor Pro Tem Pernell seconded the motion, which carried unanimously. Minutes City Council Meeting 07/13/09 -1- COMMISSION ITEMS RESOLUTION NO. 2009-06. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A DETACHED MIXED-USE STRUCTURE TO CONTAIN A GARAGE AND A RECREATION ROOM; A CONDITIONAL USE PERMIT FOR THE DETACHED STRUCTURE AND A VARIANCE TO LOCATE THE MIXED-USE STRUCTURE PARTIALLY IN THE FRONT YARD AREA AND FOR A WALL ALONG THE DRIVEWAY AND BEHIND THE PROPOSED STRUCTURE THAT EXCEED THE MAXIMUM PERMITTED ON A LOT DEVELOPED WITH A SINGLE FAMILY RESIDENCE., IN ZONING CASE NO. 769 AT 24 CINCHRING ROAD, (LOT 18 -3 -CH), (NAKAMURA). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Councilmember Hill recused himself from discussion in this case due to the proximity of his property to the subject property. Planning Director Schwartz presented Resolution No. 2009-06 for the approval of a site plan review for grading and construction of a detached mixed-use structure to contain a garage and recreation room at 24 Cinchring Road. She stated that the approval is also for a Conditional Use Permit and a variance to locate the structure partially in the front yard area and for a wall along the driveway and behind the proposed structure that exceed the maximum permitted. She stated that the Planning Commission approved the resolution with certain conditions as noted in the resolution and noted that all of the Commissioners voted positively for approval of the resolution with the exception of Commissioner Witte who recused himself from the discussion due to the proximity of his property to the subject property. She also stated that the Planning Commission considered this case over several meetings and two field trips. She noted that based on concerns from the Planning Commission relating to grading of the lower pad and location of the structure in relation to the proposed area for a stable and corral, several changes were made by the applicant. She stated that with the exception of pad coverage, all of the development standards meet the code. Following discussion, Councilmember Black moved that the City Council receive and file Planning Commission Resolution No. 2009-06. Mayor Pro Tem Pernell seconded the motion, which carried unanimously by those Councilmembers in attendance. Councilmember Hill returned to his seat at the dais. PUBLIC HEARINGS NONE OLD BUSINESS UPDATE ON CALIFORNIA CONTRACT CITIES ASSOCIATION LIABILITY TRUST FUND (ORAL). City Manager Dahlerbruch provided the City Council with an update on the status of the California Contract Cities Association Liability Trust Fund stating that County was unwilling to negotiate regarding the original use of funds that was in question and that current discussions are revolving around the next contract with the County. He stated that although the City has not yet received a copy, CCCA has indicated that negotiations have resulted in a compromise and new contract. No action was taken. NEW BUSINESS CONSIDERATION OF A THREE-YEAR PROFESSIONAL SERVICES AGREEMENT WITH LANCE, SOLL & LUNGARD, LLC FOR ANNUAL AUDIT SERVICES. Finance Director Walker presented the proposed professional services agreement for annual audit services and stated that staff is recommending that the City Council authorize the City Manager to execute a three-year agreement with Lance, Soll and Lungard for City's annual audit. He stated that proposed services would raise the City's audit to a higher governmental standard and improve the quality and usefulness of the audit by adding an internal control review. He noted that as a part of the process, they City requested that the previous auditor, Allen Kent Smith submit a proposal, which he declined. He stated that the Finance Budget subcommittee interviewed Mr. Richard Kikuchi of Lance, Soll and Lungard and recommends that the City proceed with the contract. After discussion concerning Minutes City Council Meeting 07/13/09 -2- the cost of the proposed audit and proposed yearly increase, Councilmember Lay moved that the City Council authorize the City Manager to execute a three-year professional services agreement with Lance, Soll & Lungard, LLC for annual audit services. Councilmember Hill seconded the motion, which carried unanimously. RESOLUTION NO. 1064. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING FEES FOR PERMITTING AND INSPECTION AND FOR THE INCLUSION OF SOLAR AND PHOTOVOLTAIC SYSTEMS AND APPURTENANT EQUIPMENT AND REPLACING CITY COUNCIL RESOLUTION NO. 1060 City Manager Dahlerbruch presented the proposed resolution which decreases the fees associated with solar and photovoltaic systems and appurtenant equipment. Dr. Ralph Black, 36 Saddleback Road addressed the members of the City Council stating that consideration should be given to the look and placement of solar panels and suggesting that the Council not make a decision on this item tonight. After discussion concerning the range of fees in other cities, and the City's authority to regulate from an architectural perspective, Mayor Pro Tem Pernell moved that the City Council adopt Resolution No. 1064 establishing fees for permitting and inspection and for the inclusion of solar and photovoltaic systems and appurtenant equipment and replacing City Council Resolution No. 1060. Councilmember Lay seconded the motion, which carried unanimously. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Laura Walters, Community Services Representative for the Los Angeles County Fire Department updated the members of the City Council on current items that the Fire Department has implemented with regard to fire prevention and preparation. The update included the S.A.F.E. Landscapes calendar and guidebook of sustainable and fire -safe landscapes in the wildland-urban interface for Los Angeles County, the Ready! Set! Go! Personal wildfire action plan, the California Invasive Plant Council's plant guide and the County's new emergency notification system. Ms. Walters also noted that effective August 1, 2009, Barry Nugent will be the new Assistant Fire Chief. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Lay noted that he will not be available to attend the City Council meeting on Monday, August 10, 2009. Mayor Heinsheimer stated the he would not be available either. Mayor Pro Tem Pernell stated that he attended the Del Cerro site dedication and noted that the Palos Verdes Land Conservancy has done a good job with the project and has nearly met their goal. MATTERS FROM STAFF City Manager Dahlerbruch stated that there are some areas of the three -rail fence behind City Hall that need to be repaired and asked if the City Council would like to agendize a discussion of wood or vinyl fencing. The members of the City Council directed staff to report back to the Council if necessary. 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. G.C. 54956.9(c) Conference with Legal Counsel Initiation of litigation - one case. 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) 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. Minutes City Council Meeting 07/13/09 -3- No closed session was held. ADJOURNMENT Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting at 8:09 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, July 27, 2009 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully subm' ed, Minutes City Council Meeting 07/13/09 _q .ice City Clerk 11