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7/27/2009MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, JULY 27, 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: Yolanta Schwartz, Planning Director. Michael Jenkins, City Attorney. Ewa Nikodem, Administrative Assistant. Lt. Greg Ahn, LASD, Lomita Station. Laura Walters, LA County Fire Dept. Sam Pena, Republic Services, Inc. / Allied Waste. 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 July 13, 2009. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Consideration of a request from the Palos Verdes Art Center for an Artists Studio Tour at 14 Cinchring Road and 6 Running Brand Road on Saturday and Sunday, October 10-11, 2009. RECOMMENDATION: Approve as presented. D. City Council/Natural Environment and Sustainability Committee Liaison Meeting, July 13, 2009 Meeting Notes. RECOMMENDATION: Receive and file. E. Allied Recycling Tonnage Report for June 2009. RECOMMENDATION: Receive and file. F. 2009-10 Law Enforcement Services for the Peninsula Region (Rancho Palos Verdes, Rolling Hills and Rolling Hills Estates). RECOMMENDATION: Receive and file. G. Solid Waste/Recycling Subcommittee Meeting, July 20, 2009 Meeting Notes. RECOMMENDATION: Receive and file. H. Appropriation of $35,000 for the acquisition of Assessor's Parcel Numbers 7567-002- 032, 7567-008-017 and 7569-019-005, a Lot Book Lien Report, advertising and postage; and, for receive and file, an agreement to purchase Los Angeles County Tax -Defaulted Property. RECOMMENDATION: Approve as presented. I. Authorization for the City Manager to sign and send the attached letter concerning complex and expansive TMDL requirements to the Regional Water Quality Board. RECOMMENDATION: Approve as presented. Councilmember Hill moved that the City Council approve the items on the consent calendar. Councilmember Lay seconded the motion, which carried unanimously. In response to Councilmember Black, City Attorney Jenkins confirmed that most of the legal fees are for the Poppy Trail litigation process. -1- COMMISSION TTEMS NONE PUBLIC HEARINGS VIEW IMPAIRMENT APPEAL OF A DECISION OF THE COMMITTEE ON TREES AND VIEWS IN A VIEW IMPAIRMENT CASE FILED BY DR. AND MRS. CARROLL BELLIS, 3 QUAIL RIDGE ROAD SOUTH, AND DR. AND MRS. ARVEL WITTE, 5 QUAIL RIDGE ROAD SOUTH, AGAINST TREES LOCATED ON PROPERTY OWNED BY MR. AND MRS. PRICE SHOEMAKER, 7 QUAIL RIDGE ROAD SOUTH. THE APPEAL WAS FILED BY MR. AND MRS. SHOEMAKER. Councilmember Hill recused himself from participating in discussion in this case due to proximity of his property to the subject properties and left the Chambers. Planning Director Schwartz presented the staff report outlining the interested parties' request and providing background and history regarding the complaint. She stated that Mr. & Mrs. Price Shoemaker (7 Quail Ridge Road) filed an appeal of Resolution 2009-01 of the Committee on Trees and Views on the basis that they felt that among other factors, they were not given same consideration as the complainants, that the restorative actions do not create a view corridor, just indiscriminately remove trees and vegetation and that the restrictions in the resolution are too strict and would have negative impact on the property value as well as on the ability to use and to enjoy the shade, sun protection and privacy on the property. In response to Mayor Pro Tem Pernell, City Attorney Jenkins confirmed that the direction to City Council regarding the appeal process provided by Planning Director Schwartz is accurate. Mayor Heinsheimer opened the public hearing and called for testimony. Mr. Price Shoemaker, 7 Quail Ridge Road South, stated that they fled a law suit against both complainants and that they are preserving their rights to continue with the law suit. He presented photographs taken shortly after they purchased the property, showing the trees and the views from the Wittes house at that time. W. Shoemaker mentioned that the Committee on Trees and Views did not consider at the photos because they felt that the former views were not important in this case. Additionally he explained that back in 2002 the Wittes contacted both the City and the RHCA to discuss view restoration process. Back in 2002 all three parties privately, between neighbors signed a memo of understanding to provide maximum view agreeable to the Bellises and the Wittes. The Shoemakers back then agreed to remove 15 eucalyptus trees and selected to keep 2 eucalyptus trees to provide shade and privacy on their property. Mr. Shoemaker stated that this resolution was agreed on by both neighbors back in 2002 and that he does not understand why it had changed and why the view impairment complaint was filed against them in 2008. In response to Mayor Heinsheimer, Planning Director Schwartz indicated that copy of the signed Memo of Understanding from 2002 is attached to the staff report, beginning on circle page 41 through 43. Mr. Shoemaker indicated that he feels that Resolution No. 2009-01 by the Committee on Trees and Views is too restrictive. He explained that to not allow them to plant anything above 5 feet high anywhere on their property is just not fair to them. The lack of trees on their property and the restrictions will lower their property value as potential buyers might be very concerned with these restrictions Discussion ensued about the Resolution No. 2009-1. In response to Mayor Heinsheimer, Planning Director Schwartz indicated that the tree height restrictions that Mr. Shoemaker referred to are listed on circle page 9 in section 6D (page 2 of the Resolution); which states that for any further planting of plants that could exceed 5 feet in height at maturity, a landscape plan must be submitted to the Planning Commission. Councilmember Black stated that Section 6D of the Resolution is in contradiction with Section 6173, which states that "group of number of three trees shall be maintained at its current configuration and not to exceed the roofline of the residence...". Further discussion ensued about potential future planting on the property. Councilmember Lay indicated that he feels that the 5 feet maximum requirement is for any future planting and the trees to be kept up to the roof line are the existing trees. In response to Mayor Heinsheimer, Mr. Shoemaker indicated that the trees to be removed by the Resolution are trees numbered # 1, #2 and #4 and that he does not want these three trees removed for the reasons he stated earlier in the meeting. He stated that he does not object to have trees marked as #3, #5, #7 and #9 trimmed, laced or topped. The locations of the trees are shown on circle page 26 of the staff report. Dr. Carroll Bellis, 3 Quail Ridge Road South stated that he and his wife lived at their home for 54 years. Minutes City Council Meeting 07-27-09 -2- He indicated that when they moved in, they had a view of Catalina Island and the shoreline. He explained that the Committee on Trees and Views decided that only 3 out of 33 trees be removed. Back in 2002 the Wittes and the Bellises paid a $5,173 to remove trees on the Shoemakers property in hope that their view would be maintained in the future. That has not happened. He asked the Council to uphold the Resolution, which enables them to regain partial view of the Catalina and the shoreline and assure that the view will be maintained in the future. Mrs. Carol Witte, 5 Quail Ridge Road South, indicated that she and her husband lived at their house for 41 years. She stated that the Shoemakers were made aware of the view impairment caused by trees on the property while they were in escrow in 2000. She indicated that for the past 7 years they have hoped that the Shoemakers would keep their trees trimmed to maintain the views of Catalina Island, the shoreline and the ocean. The Shoemakers did trim some trees and bushes, however there was no set regular annual trimming. Courteous letters were sent and calls were made to the Shoemakers but they failed to maintain the view especially by not ever trimming the two main blocking eucalyptus trees and by allowing new trees go grow up in the views. She indicated that the Resolution doesn't favor the Wittes and the Bellises. Their narrow, pie view, is still blocked by two huge elms, four huge eucalyptus, a leaning pine, palm, avocado, pomegranate and many new bushes and trees. Mrs. Witte stated that they did not get everything they wanted, however, she thinks that the Resolution was an honest even-handed deliberation to resolve the view complaint fairly. She further stated that the photographs taken at the end of this process and the landscape plan are essential for enforcement and to assure that they do not ever have to go through such significant view restoration process in the future. She stated that number of items in the Resolution don't satisfy them, however that they are willing to abide by the Resolution. She concluded that if changes were to be made to the Resolution that she hoped that all parties could present their dissatisfaction before City Council makes a decision. Mr. John Nunn, 1 Crest Road West, stated that he doesn't understand why the City is involved in private contract disputes such as the view impairment case. He indicated that the City should deal with more important issues than private contract disputes. Mayor Heinsheimer indicated that the property owners of 7 Quail Ridge Road South filed an appeal of the Committee on Trees and Views' Resolution, and that all parties agreed to enter into this process. Mrs. Gina Shoemaker, 7 Quail Ridge Road South, indicated that they are trying to follow the procedures but she is not sure why the 2002 memo of understanding is no longer valid. She asked the Council to uphold the memo of understanding to end this process. The Shoemakers enjoy the trees on their property, their trees are beautiful, provide shade and privacy. They are willing to trim the trees, however they would not want to remove any more trees from their property. The Bellises and the Wittes paid for the removal of 15 of the trees in 2002. The trees had not grown back. Mrs. Shoemaker mentioned that when the trees were removed, Mrs. Bellis called her the next day to let her know that she was sad that the trees were gone because she enjoyed looking at them. Now, they only have two eucalyptus trees left on their property. She mentioned that when they went to trim their trees back in February, they could not trim the tree because there was hawk's nest in the tree. She stated that the two trees left are very valuable to her. She is willing to have the trees trimmed, laced or topped to create a view for her neighbors, however she would like to come to an agreement with the Bellises and the Wittes before they do anything. Following public testimony and discussion, Mayor Heinsheimer continued the public hearing to a field review scheduled to be held on Thursday, July 30, 2009 at 4:00 p.m. at the following properties: 3 Quail Ridge Road South (Bellis), 5 Quail Ridge Road South (Witte) and 7 Quail Ridge Road South (Shoemaker). Councilmember Hill returned to his seat at the dais. OLD BUSINESS NONE NEW BUSINESS CONSIDERATION OF A PILOT PROGRAM FOR THE COLLECTION OF TRASH AND RECYCLABLES. Minutes City Council Meeting 07-27-09 -3- Following brief discussion and presentation by Samuel Pena of Allied Waste, Councilmember Lay moved that the City Council direct staff to work with Allied Waste to implement the pilot program for a 4 day per week, Monday & Thursday and Tuesday & Friday, collection of trash and recyclables effective in September as presented. Councilmember Pernell seconded the motion, which carried unanimously. Staff was directed to report back to City Council in 90 days from the commencement of the pilot project. OPEN AGENDA - APPROXIMATELY 8:00 P.M.. - PUBLIC COMMENT WELCOME NONE MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Black suggested that in the next Newsletter staff include an article to remind residents that hedges should not be planted. Mayor Pro Tem Pernell indicated that he attended a Sanitation District Ocean Sentinel tour recently and suggested that the City Manager recommend the tour to the Natural Environment and Sustainability Committee members. He stated that the tour is so popular that the Sanitation District added two more tours in August and one in September. MATTERS FROM STAFF NONE MATTERS FROM THE CITY ATTORNEY City Attorney Jenkins indicated that he would like to add an item to the Closed Session. Hearing no objection, Mayor Heinsheimer so ordered. 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. The closed session began at 8:45 p.m. and concluded at 9:15 p.m. City Attorney Jenkins reported that in the closed session the City Council took action to approve an offer of settlement of the County of Los Angeles relative to the Liability Trust Fund dispute between California Contract Cities Association and the County. No other reportable action was taken during closed session. ADJOURNMENT Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting at 9:15 p.m. in memory of Rancho Palos Verdes Councilmember Peter C. Gardiner to an adjourned regular meeting of the City Council scheduled to be held on Thursday, July 30, 2009 beginning at 4:00 pm for the purpose of conducting a field review at 3 Quail Ridge Road South (Bellis), 5 Quail Ridge Road South (Witte) and 7 Quail Ridge Road South (Shoemaker), Rolling Hills, California. Minutes City Council Meeting 07-27-09 -4- 1 F� Minutes City Council Meeting 07-27-09 Respectfully submitted, Ewa Nikodem Administrative Assistant -5-