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10/12/2009 MINUTES OF � A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFOItNIA MONDAY, OCTOBER.12, 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. R�LL 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. Jim Walker, Finance Director. Heidi Luce, Deputy City Clerk. Lt. Greg Ahn, LA County Sheriff's Department, Lomita Station. Battalion Chief Bruce Arvizu, LA County Fire Department. 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 September 14, 2009. RECONIlV�NDATION: Approve as presented. B. Payment of Bills. RECOMII�NDATION: Approve as presented. C. Financial Statements for the Months of June, July and August, 2009. RECOMIV�NDATION: Approve as presented. D. Consideration of an Award of Bid for the City of Rolling Hills Replacement of Three Rail Fencing in the City Hall Parking Lot. RECOMI��NDATION: Approve as presented. E. Consideration and Authorization of the City Manager to Execute the City-County Municipal Services Agreement for the County of Los Angeles Department of Animal Care and Control and the City of Rolling Hills. RECONIlV�NDATION: Approve as presented. F. Alternative Energy Ad Hoc Committee, September 14, 2009 Meeting Notes. RECOMN�NDATION: Receive and file. G. Allied Recycling Tonnage Report for August 2009. RECONIl��NDATION: Receive and file. H. Consideration of Resolution No. 1073: A Resolution of the City Council of the City of Rolling Hills Accepting an Offer to Dedicate and for the Easement Relating to the Sewer System Improvements in the City of Rolling Hills. RECOMIV�NDATION: Approve as presented. I. Consideration of Resolution No. 1074: A Resolution Approving the Form of and Authorizing _ the Execution and Delivery of a Purchase and Sale Agreement and Related Documents with Respect to the Sale of the Seller's Proposition lA Receivable from the State; and Directing and Authorizing Certain other Actions in Connection therewith. RECOMII�NDATION: Approve as presented. J. Investment Report as of June 30, 2009. RECOIVIl��NDATION: Approve as presented. Councilmember Black moved that the City Council approve the items on the consent calendar. Councilmember Lay seconded the motion, which carried unanimously. Minutes City Council Meeting 10/12/09 -1- PRESENTATIONS Special Presentation to the following individuals for their service to the City of Rolling Hills as members of the Wildlife Preservatiort/Natural Environment and Sustainability Committee: Roger Sommer, Chairman Brent Barnes,Dr. Ralph Black,Pam Crane,Don Gales, Terry Rhodes and Steve Shultz Mayor Heinsheimer recognized the members of the Wildlife Preservation/Natural Environment and Sustainability Committee. Each member in attendance was presented with a City Council Certificate of Commendation. COMIVIISSION ITEMS I RESOLUTION NO. 2009-08. A RESOLUTION OF THE PLANNING CONIMISSION 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 AND A VARIANCE TO EXCEED THE MAXIMUM PERNIITTED STRUCTURAL NET LOT COVERAGE IN ORDER TO CONSTRUCT AN ADDITION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONII�TG CASE NO. 771, AT 12 SADDLEBACK ROAD, (LOT 17-1-RH), (MILLER). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA). Planning Director Schwartz stated that the request by Mr. and Mrs. Miller at 12 Saddleback Road is to construct a 900 square foot addition to the residence and a variance to be exempt from the requirement to set aside an area for a future stable and corral; and a variance to exceed the structural lot coverage. She reviewed the property attributes and stated that the subdivision resulted in a very irregular lot. She stated that the Planning Commission approved the case by a 4-0 vote with Commissioner DeRoy being absent from the vote. She noted that Commissioner DeRoy was present when the Planning Commission directed staff to prepare a resolution of approval. She stated that the resolution includes the standard conditions as directed by the Planning Commission. She also stated that the variance not to set aside an area for a stable and corral would only be applicable to this application and that anyone in the future could come before the Planning Commission to request a stable and corral. Mayor Pro Tem Pernell asked if the Planning Commission visited the site. Planning Director Schwartz confirmed that they did. Planning Director Schwartz further noted that the project is very close to 35%total lot coverage and the applicant is proposing to use grasscrete for the new driveway and part of the existing driveway to reduce the coverage. Councilmember Hill moved that the City Council receive and file Planning Commission Resolution No. 2009-08. Councilmember Lay seconded the motion, which carried unanimously. CONSIDERATION OF A NEW DRIVEWAY ACCESS AT 9 JOHNS CANYON ROAD (STONE). City Manager Dahlerbruch presented the application for a new driveway access at 9 Johns Canyon Road. He stated that the application was presented to the Traffic Commission at their meeting of September 24, 2009 and the members of the Traffic Commission reviewed the site along with the Traffic Engineer and that they supported a recommendation of approval of the new driveway access. Councilmember Lay moved that the City Council approve the proposed new driveway access at 9 Johns Canyon Road (Stone). Mayor Pro Tem Pernell seconded the motion, which carried unanimously. PUBLIC HEARINGS - CONTINUED ZONING CASE NO. 767. MR. JERRY TURPANJIAN, 0 PINE TREE LANE, (LOT RH 101-2). A REQUEST FOR A SITE PLAN REVIEW FOR GRADING D �ONS��RXUC�TIlO P�F�A N�D RESIDENCE AND REQUEST FOR VARIANCES TO EXCE LOT DISTURBANCE AND TO CONSTRUCT A STABLE WITH CORRAL 1N THE FRONT YARD ON A LOT THAT IS CURRENTLY VACANT. PROJECT HAS BEEN DETERMINED - TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA). Planning Director Schwartz stated that this is a continuation of the public hearing noting that the City Council held a field trip on Friday, October 9, 2009 at 0 Pine Tree Lane for the purpose of viewing the proposed project. Mayor Heinsheimer called for public testimony. Hearing none, he closed the public hearing. Mayor Pro Tem Pernell noted that one reason for the large amount of grading is due to the width of the driveway being 20 feet wide. Mayor Heinsheimer asked if a portion of the driveway could be grasscrete to reduce the hardscape. Planning Director Schwartz stated that it would have to be negotiated with the Fire Minutes City Council Meeting 10/12/09 -2 1 ( Dept., but possibly up to two feet on each side of the driveway could be grasscrete. Mayor Pro Tem Pernell also noted that once the structure is built, there is very little around the perimeter of the house. Councilmember Lay noted that the lot is very large, but when the structure is built, there will only be a very small yard. Following further discussion, Councilmember Lay moved to direct staff to prepare a Resolution of Approval for Zoning Case No. 767. Councilmember Black seconded the motion which carried unanimously. OLD BUSINESS None. NEW BUSINESS RESOLUTION NO. 1075: REQUEST FOR A TWO-YEAR TIME EXTENSION TO CONIlV�NCE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE IN ZONII�IG CASE NO. 745 AT 40 EASTFIELD DRIVE (LOT 91-EF), TONSICH. Planning Director Schwartz presented a request for a two-year time extension to begin construction of a new single-family residence at 40 Eastfield Drive. She noted that this request is before the City Council instead of the Planning Commission because the case was taken under jurisdiction by the City Council. Mayor Heinsheimer questioned Planning Director Schwartz as to the condition of the property now. Planning Director Schwartz stated no construction has been started. Councilmember Lay moved that the City Council adopt Resolution No. 1075. Councilmember Hill seconded the motion, which carried unanimously. CONSIDERATION OF A SCOPE OF WORK FOR LIMITED STUDY OF FIRE FUEL REDUCTION IN ROLLING HILLS. City Manager Dahlerbruch presented a draft scope of work for a limited study of fire fuel reduction in the City. He stated that it was prepared in concert with an ad hoc committee consisting of Mayor Heinsheimer, Councilmember Hill and Rolling Hills Community Association Board Members Crocker and Ferris. He stated that the concept is to retain a consultant, shazed with the Association, to do a limited study and develop a guide to inform residents how to accomplish fire fuel reduction beyond the Fire Department's 200 ft. clearance requirement. Mayor Heinsheimer clarified that the initial action is just to solicit proposals and that the proposals will be presented to the City Council prior to any expenditure. Councilmember Black asked for clarification as to why the Fire Department does not provide recommendations beyond the 200 ft. c�earance requirement. Battalion Chief Bruce Arvizu addressed the City Council stating that there are considerations concerning the water shed and other issues that aze outside of the expertise of the Fire Department when it comes to clearance in canyons and other areas beyond the 200 ft. clearance around structures. Councilmember Black stated that he is opposed any expenditure for such purpose. Following discussion, staff was directed to proceed.with a request for proposal for a limited study of fire fuel reduction and to share the scope of work with the Block Captains and return to the City Council for final approval. DISCUSSION OF VIEW IMPAIRMENT PROCEDURES FOR POTENTIAL MLINICIPAL CODE MODIFICATION. City Manager Dahlerbruch provided an overview of the current procedures for view impairment cases stating that the City Council asked staff to review the process and make a recommendation as to options for putting in place an additional step to determine if the complaint has merit prior to commencing with mediation. He then reviewed alternative ways view impairment cases could be processed including City Council receiving the case first to determine merit, then sending to mediation; having a hearing officer hear the case with appeal to the City Council; and lastly, adjusting the fee. He stated that if the City Council is interested in changing the procedures, direction should be given to staff who would then take it before the Planning Commission for a Public Hearing on a change to the Zoning Code. Discussion ensued relating to the reason for the request for modification, the current procedures and clarification from the City Attorney regarding the current code and the role of the mediator. Following fixrther discussion, no action was taken. Staff was directed to agendize the topic for further discussion in six months. OPEN AGENDA -APPROXIMATELY 8:00 P.M. -PUBLIC COMIVIENT WELCOME Joyce Grubs, 1 Hackamore Road addressed the City Council to ask a question relative to view impairment process. She asked how far away could the view impairment be. Mayor Heinsheimer stated that at the current time, there are no constraints relative to distance. She also asked if the number of trees is limited. Minutes City Council Meeting �oii zio9 _3_ Mayor Heinsheimer stated there is no limit set on the number of trees. Richard Meyer, 51 & 53 Eastfield Drive addressed the City Council regarding the view impairment process to express concern and suggest that trees not be indiscriminately removed. j Dave Breiholz, 6 Upper Blackwater Canyon Road addressed the City Council regarding Fire Fuel Reduction to say that it is his wish that the study come up with something other than what the City already has from the I Fire Department and to suggest that when residents are clearing their brush they, or their staff should have a , fire extinguisher present. � Richard Colyear, 35 Crest Road West addressed the City Council to suggest that when a view impairment case achieves an agreement through mediation, the City should become a party to the agreement. MATTERS FROM MElVIBERS OF THE CITY COUNCIL Mayor Pro Tem Pernell noted for the City Council's information that his ganddaughter accepted a proposal for marriage. MATTERS FROM STAFF UPDATE ON FIRE APPRECIATION EVENT (ORAL). Deputy City Clerk Luce updated the City Council on the Fire Appreciation Event scheduled for Saturday, November 7, 2009 from 8:30-11:30a.m. at Del Cerro Park in Rancho Palos Verdes. She stated that the planning committee is seeking volunteers. 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(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 City Council recessed into closed session at 8:32 p.m. to discuss the Sheen/Jonas litigation. Following adjournment of the closed session at 8:57 p.m., City Attorney Jenkins reported that no reportable action was taken. ADJOURNMENT Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting at 8:57 p.m. in memory of long time resident, Dr. Chesley Houske. The meeting was adjourned to the next regular meeting of the City Council scheduled to be held on Monday, October 26, 2009 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully bmitted, � Heidi Luce D uty City Clerk Approved, � Thomas F. Hei er Mayor Minutes City Council Meeting i oi�zro9 -4-