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8/24/2009MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, AUGUST 24, 2009 A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Heinsheimer at 7:32 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. Michael Jenkins, City Attorney. Yolanta• Schwartz, Planning Director. Heidi Luce, Deputy City Clerk. Lt. Greg Ahn, LASD, Lomita Station. 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 27, 2009. RECOMMENDATION: Approve as presented. - B. Minutes - Adjourned Meeting of July 30, 2009. RECOMMENDATION: Approve as presented. C. Payment of Bills. RECOMMENDATION: Approve as presented. D. Consideration of a date for the Annual Holiday Open House. RECOMMENDATION: Approve as presented. E. Consideration of a request from the Palos Verdes Concours d'Elegance for the Tour d'Epicure Road Rallye to travel through the City of Rolling Hills during their event on Saturday, September 12, 2009 RECOMMENDATION: Receive and file. F. Consideration of a resolution of the City Council of the City of Rolling Hills adopting the ICMA Retirement Corporation Deferred Compensation Plan and Trust and, authorizing the City Manager to execute an Administrative Services Agreement between ICMA Retirement Corporation and City of Rolling Hills for implementation of the Retirement Plan. RECOMMENDATION: Approve as presented. G. Allied Recycling Tonnage Report for July 2009. RECOMMENDATION: Receive and file. H. Natural Environment and Sustainability Committee Meeting, August. 17, 2009 Meeting Notes. RECOMMENDATION: Receive and file. Councilmember Black requested that Item 3F be removed from the consent calendar. Mayor Heinsheimer so ordered. Councilmember Black moved that the City Council approve the items on the consent calendar. Councilmember Hill seconded the motion, which carried unanimously. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING THE ICMA RETIREMENT CORPORATION DEFERRED COMPENSATION PLAN AND TRUST AND, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADMINISTRATIVE SERVICES AGREEMENT BETWEEN ICMA RETIREMENT CORPORATION AND CITY OF ROLLING HILLS Minutes City Council Meeting 08/24/09 -1- FOR IMPLEMENTATION OF THE RETIREMENT PLAN. Councilmember Black stated that he doesn't have an issue with ICMA Retirement Corporation as an administrator of the City's retirement plan but that he feels the City Council should consider eliminating the City match of employees contributions into deferred compensation. The Personnel Subcommittee was directed to consider eliminating the City's match of employee contributions into deferred compensation and report back to the City Council. Councilmember Lay moved that the City Council authorize the City Manager to execute an Administrative Service agreement between ICMA Retirement Corporation and the City of Rolling Hills. Councilmember Hill seconded the motion, which carried unanimously. COMMISSION ITEMS RESOLUTION NO. 2009-07. 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 NEW SINGLE FAMILY RESIDENCE AND GRANTING A REQUEST FOR VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AND TO CONSTRUCT A STABLE AND CORRAL IN THE FRONT YARD AREA IN ZONING CASE NO. 767, AT 0 PINE TREE LANE, (LOT 101-2-RH), (TURPANHAN). Planning Director Schwartz presented the Resolution for City Council consideration. She stated that it is an application for a new residence on a vacant lot at 0 Pine Tree Lane. She stated that the proposal is to construct a 9,590 square ft. residence with a 1,460 square ft. garage with porte-cochere, trellises, covered porches and a 750 square ft. barn. She stated that the grading is proposed at 12,760 square ft. of cut and fill and the applicant is requesting a variance to exceed the maximum disturbed area with a disturbed area proposed to be 57.4% which is 17.4% more than allowed under the zoning code. She stated that the applicant is also requesting a variance to locate the stable in the front yard area of the property. She stated that the Planning Commission adopted the attached resolution with the conditions after four public hearings and lengthy deliberation. She then reviewed the lot configuration and access. She reviewed the grading stating that the slopes will be 2:1 and 3:1. She stated that the Planning Commission voted 3-1 to adopt this resolution with Commissioner Smith being absent and Commissioner DeRoy dissenting. She further stated that Commissioner DeRoy stated that she had no objection to locating the stable in the front yard, however she felt that the project did not meet the goals of the General Plan and that the grading was excessive. Planning Director Schwartz further stated that the applicants provided a spreadsheet and calculations showing the square footage of other properties in the vicinity noting that although this project is larger that some of the other properties, when you consider the other structures approved on the other lots along with the basements, this project is compatible with the area. She also stated that as a condition of the subdivision, a biological study was conducted and that no native plants will be affected by the proposed grading. She also stated that the study noted that there could be birds nesting in the area and care would have to be taken when construction begins which is noted in the conditions of approval. She then reviewed the disturbed area, grading and undergrounding requirement. Following discussion concerning the landscape plan and lot configuration, Mayor Pro Tem Pennell moved that the City Council take Planning Commission Resolution No. 2009-07 under advisement. Councilmember Lay seconded the motion. Hearing no objection, Mayor Heinsheimer so ordered. PUBLIC HEARINGS CONSIDERATION OF RESOLUTION NO. 1065. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. Planning Director Schwartz stated that this public hearing is a requirement of the County Metropolitan Transportation Authority and that each City within the county is required provide a report on how the City addresses the effect of local growth on transportation and air quality in the region. She stated that since the City has no major roads, it has no negative effect on transportation and air quality and City Minutes City Council Meeting 08/24/09 -2- Council should pass a resolution certifying to that effect and stating that the City is in compliance with the Congestion Management Program Act. Mayor Heinsheimer opened the public hearing. Hearing no testimony, he closed the public hearing. Councilmember Lay moved that the City Council adopt Resolution No. 1065. Mayor Pro Tem Pernell secondedsthe.motion, which carried unanimously. 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 discussion on this item due to the proximity of his property to the subject property and left the Council Chambers. Mayor Heinsheimer continued the public hearing and asked for brief remarks on items that have not previously been heard. City Manager Dahlerbruch stated that on July 27, 2009 the City Council opened a public hearing for an appeal of the Committee on Trees and Views Resolution 2009-01-CTV filed by the owners of the property at 7 Quail Ridge Road South. He stated that in their appeal the property owners take exception to the Committee's considerations and conclusions. He further stated that on July 30, 2009, the City Council conducted a field trip at 3, 5 and 7 Quail Ridge Road South to view the conditions and that the purpose of the public hearing tonight is to address that appeal. He stated that in preparation for the hearing, the Mayor reviewed the Committee's resolution and before the City Council is a redlined version of the resolution reflecting modifications to address the appeal and clarify some of the requirements as a starting point for deliberation. He further stated that the attorney for the property owners at 7 Quail Ridge Road South contacted the City to advise that there is a court date set of November 30,, 2009 regarding the private lawsuit and suggesting that the City Council consider delaying action until after that date. He stated that it is recommended that the City Council receive public testimony, close the public hearing and then deliberate to either adopt the resolution or direct staff to prepare a resolution for future adoption. Mayor Heinsheimer called for public testimony. Allen Kosoff, Attorney addressed the City Council stating that he is the attorney representing the Shoemakers in a private lawsuit. He reviewed the Memorandum of Understanding that was signed by the parties and presented an attachment showing the work done by Southern California Tree and Landscape. He stated that the draft resolution does not reference the Memorandum of Understanding and that the parties should be instructed to comply with the Memorandum of Understanding. He further stated that at the November 30, 2009 court date, the Court will consider the Memorandum. He stated that when neighbors get into a dispute that is resolved with a Memorandum of Understanding, that Memorandum should be enforced. Price Shoemaker, 7 Quail Ridge Road South addressed the City Council stating that there a few key trees that were intentionally kept and that they are willing to lace and trim them but that the trees are very important to them and they do not want to remove them. Gina Shoemaker, 7 Quail Ridge Road South addressed the City Council stating that the two Eucalyptus trees numbered one and two are covered by the Memorandum of Understanding. Carol Witte, 5 Quail Ridge Road South addressed the City Council stating the redline version of the resolution is a very effective way to stimulate discussion. She stated that they are concerned with enforcement and that they are supportive of the submission of a landscape plan as stipulated by the Committee on Trees and Views further stating that it was a sensible solution, simple to prepare and easy to submit, avoiding future conflicts. She requested that an enforcement plan be included in the resolution. Mrs. Witte then presented and reviewed a revised version of the redline resolution for the City Council's consideration. John Nunn, 1 Crest Road West addressed the City Council stating that as a general observation, the City should encourage residents to get together and agree on things between themselves. He suggested that Minutes City Council Meeting 08/24/09 -3- the City Council delay action until after the court decides the validity of the original agreement. He further stated that it is not a good idea to trim trees before December or January especially in a dry year. Richard Colyear, 35 Crest Road West addressed the City Council stating that what the City Council is about to do will undo what the Community Association has sought to achieve by getting residents to agree among themselves as to what needs to be done. Mr. Shoemaker addressed the City Council again stating that the Memo of Understanding was intended to resolve the issues in a manner that both parties could live with. He stated that his intention is to have the trees trimmed to restore the views while maintaining the privacy, shade, enjoyment and value of their property. Maureen Nunn, 1 Crest Road West addressed the City Council stating that if common sense, logic, fair and just have anything to do with the City, it is incumbent on the City Council to listen, and to honor an agreement. Mrs. Witte addressed the City Council again stating that many of the people in attendance do not know the history of the situation and reviewed mediation process. Hearing no further testimony, Mayor Heinsheimer closed the public hearing and began deliberation. Councilmember Lay moved that the City Council adopt Resolution No. 1066 as presented. Councilmember Pernell seconded the motion. Councilmember Black stated the he feels that Tree Number Two and the tree stump should be removed per the original resolution. Following a motion for amendment as noted above by Councilmember Black and second by Councilmember Lay, the amendment passed unanimously. Councilmember Lay asked for clarification on Tree Number 4 then stated that he suggests no further modifications to the Resolution. Mayor Pro Tem Pernell stated that the Council should consider adding that the work be completed to the City's satisfaction on circle page 13 item G. He further stated that on circle page 11 items 5 and 6 when it refers to trimming overall by three to five feet, it should be specified as a minimum of 5 feet rather than a range. Following a motion and a second to amend the Resolution per Mayor Pro Tem Pernell's suggestions, the amendments passed unanimously. Mayor Pro Tem Pernell fitrther suggested that the Council consider amending the date by which the initial restorative action and subsequent year maintenance be complete throughout the resolution. Following discussion and a motion and second to amend the date to December 1, 2009 for initial restorative action and December 1 of subsequent years for maintenance, the amendment passed unanimously Councilmember Pernell asked the City Attorney to comment on the Memo of Understanding and its influence on the deliberation City Attorney Jenkins stated that the Memorandum of Understanding as represented by one of the parties, is asserted to be a contract between the parties. He further stated that there is a dispute as to whether or not it is contract so his comments should be qualified in that regard. He stated that a contract is a private matter between parties and the City has no jurisdiction over a private matter between parties. He stated that the City does not recognize them or enforce them. He stated that it has been said, that it is the City's policy to encourage neighbors to work thing out by themselves and clarified that the City does do so and the Ordinance specifically requires parties, in a case like this, to go through mediation with a professional mediator to come to an agreement; and it is only when they can not do so it brought before the Committee on Trees and Views and ultimately before the City Council. He further stated that is has been said that the City should respect the contract; but added that the problem is that the City has a body of law in the Municipal Code that states that there is a process that any resident can initiate in this type of situation and the City does not have a choice but to implement the process; and the City is compelled to go through the process. He further stated that this is wholly independent of the parties' contract and any right that they may have or restrict themselves to by contract. He added that people cannot contract in a way that violates City law. Minutes City Council Meeting 08/24109 MI Lastly, he stated that in this situation, there are two completely independent processes going at the same time. First, the process before the City, which is an exercise of the City's police powers; and second, a contract dispute between private parties that will be resolved in the appropriate forum in the courts. He said that ideally, the parties would attempt to work things out and avoid court proceeding, but that is not for the City to say and beyond the City's jurisdiction to comment on. He added that the City Council will do what it is obligated to do by the Municipal Code - the City Council will make a decision and that decision will become enforceable. If the parties in court ultimately come to a conclusion that is inconsistent with this decisions, then that will have to be dealt with. Mayor Heinsheimer called for a vote to adopt Resolution No. 1066 as amended, which carried by the following roll call vote: AYES: Councilmembers Black, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. NOES: None. ABSENT: Hill (recused). ABSTAIN: None. Councilmember Hill returned to the dais. Mayor Heinsheimer adjourned to a brief recess at 8:58 p.m. and called the meeting back to order at 9:06 p.m. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Richard Colyear, 35 Crest Road West, addressed the members of the City Council concerning a recent article in the City newsletter concerning the use of hedges in the community. OLD BUSINESS NONE NEW BUSINESS CONSIDERATION OF AUTHORIZATION TO SUBMIT AN APPLICATION FOR THE ENERGY EFFICIENCY CONSERVATION BLOCK GRANT PROGRAM City Manager Dahlerbruch stated that before the City Council is a request for authorization to submit an application for an Energy Efficiency Conservation Grant. Following discussion, City Council directed staff to proceed with the submission of the application with the condition that the item be presented to the City Council for approval prior to the acceptance of any funds. MATTERS FROM MEMBERS OF THE CITY COUNCIL REGIONAL LAW ENFORCEMENT COMMITTEE UPDATE (ORAL) Mayor Pro Tem Pernell provided an update on the Contract Cities Association's dispute with the Sheriff's department concerning the use of funds from the Liability Trust Fund. City Manager Dahlerbruch stated that the Sheriff's Department provided an overview of the Narcotics Awareness program that they are presenting to parent groups of middle and high school students. CONSIDERATION OF HEDGES Mayor Heinsheimer opened the discussion on hedges stating that hedge issues are currently addressed on a case-by-case basis. Councilmember Black stated that hedges are a continuing problem in the community and are in conflict with the general character of the community. He stated that appropriately designed screening is more in character with the general plan of the community. Following further discussion, no action was taken and staff was directed to include articles pertaining to hedges in future newsletters. MATTERS FROM STAFF Minutes City Council Meeting 08/24/09 -5- CONSIDERATION OF A WEBSITE LINKAGE POLICY City Manager Dahlerbruch presented for the City Council's consideration and proposed Web site linkage policy. Following discussion, staff was directed to make a modification in the policy with relation to the types of links allowed and present it to the City Council for approval at a future meeting. CONSIDERATION OF A CITYWIDE MEETING AND DISCUSSION TOPICS City Manager Dahlerbruch presented for the City Council's consideration potential dates and discussion topics for a City -Wide meeting and asked for direction as to whether a meeting should be scheduled. Following discussion, staff was directed to request time on the agenda at the RCHA annual meeting to discuss topics such as fire fuel reduction and the Block Captain program. Additionally, Mayor Heinsheimer suggested that a meeting be scheduled as a study session to talk about the lessons learned on topics such as sewer installation and view impairment. Staff was directed to schedule such a meeting and include case histories and/or record of outcomes. UPDATE ON BLOCK CAPTAIN TRAINING (ORAL) City Manager Dahlerbruch reported on the City's Block Captains training class held on Saturday, September 15 from 9 am - noon. 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. No closed session was held. ADJOURNMENT Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting at 9:38 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, September 14, 2009 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Mayor Respectfully bmitted, Heidi Luce Deputy City Clerk Minutes City Council Meeting 08/24/09 -6 it I-