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1/25/2010 MINUTES OF A REGULAR MEETING OF THE . CITY COUNCIL OF THE CITY OF ROLLING HII,LS, CALIFORNIA � MONDAY,JANUARY 25, 2010 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: Hill, Lay,Mayor Pro Tem Pernell and Mayor Heinsheimer. Councilmembers Absent: Black. Others Present: Anton Dahlerbruch, City Manager. . Elizabeth Calciano, Assistant City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, Deputy City Clerk. Lt. Greg Ahn, LA County Sheriffls Department, Lomita Station. Marvin Jackmon, Southern California Edison, � Sam Pena, Allied Waste Brian Gruber, Lance, Soll, Lunghard, Certified Public Accountants. Spencer Karpf, 14 Caballeros Road 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 January 11, 2010. RECOMIVIENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement with Investment Report for the Month of December, 2009. RECOn��NDATION: Approve as presented. D. ORDINANCE NO. 316. AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 13.18 WAT`ER EFFICIENT LANDSCAPE TO TITLE 13, WATER AND SEWERS. RECONIlVIENDATION: Second reading,waive full reading and adoption. . E. ORDINANCE NO. 317. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS TO REPEAL SECTION 17.27.020 WATER EFFICIENT LANDSCAPING REQUIREMENTS OF THE ZOI�TING CODE IN TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. RECOMIV�NDATION: Second reading,waive full reading and adoption. F Consideration of the 25�' Senate District's "2010 Women of Distinction"Nomination. RECOMI��NDATION: Approve as presented. G. Allied Recycling Tonnage Report for December 2009. RECOMI��NDATION: Receive and file. H. Consideration of Resolution No. 1080 - A Resolution of the City Council of the City of Rolling Hills amending Resolution No. 1071 pertaining to the Supplemental Law Enforcement Services Fund. 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 by those Councilmembers in attendance. Minutes City Council Meeting O1/25/10 -1- COMIVIISSION ITEMS PLANNING CONIlVIISSION RESOLUTION NO. 2010-01 A RESOLUTION OF THE PLANNING CONIlVIISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW TO ENLARGE A PORCH LOCATED ABOVE A GARAGE ON A LOT THAT CONTAINS A CONDITION THAT ANY FURTHER DEVELOPMENT NICTST BE REVIEWED BY THE PLANNING COMMISSION; VARIANCES TO EXCEED THE STRUCTURAL LOT COVERAGE AND FOR A NEW OUTDOOR FIRE PLACE CHIMNEY TO EXCEED THE MAXIMUM 12 FOOT HEIGHT BY 4 FEET, ON A LOT DEVELOPED WITH A SINGLE FAMII,Y RESIDENCE AND ACCESSORY STRUCTURES IN ZONING CASE NO. 775, AT 16 CREST ROAD WEST, �- (LOT 74-A-MS), (NAGELHOUT). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Planning Director Schwartz presented the staff report for Planning Commission Resolution No. 2010-01 approving the request for a site plan review and variance for a property at 16 Crest Road West. She stated that the request is to construct a 750 sq. ft. above garage porch, to increase the structural lot coverage by 0.7% and to construct a 400 sq. ft. trellis, fireplace and outdoor kitchen. She reviewed the details of the project stating that it requires no grading or additional disturbance. Following brief discussion, Councilmember Lay moved that the City Council receive and file Planning Commission Resolution No. 2010-01. Councilmember Hill seconded the motion, which carried unanimously by those Councilmembers in attendance. PLANNING COMIVIISSION RESOLUTION NO. 2010-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HTLLS GRANTING A SITE PLAN REVIEW FOR CONSTRUCTION OF A STABLE AND CORRAL, WHICH REQUIRE GRADING; VARIANCE REQUEST TO CONSTRUCT A POOL PARTIALLY IN THE REAR YARD SETBACK, A CORRAL IN THE REAR YARD SETBACK AND TO EXCEED THE MAXIMUM PERMITTED DISTURBED NET LOT � AREA, ON A LOT THAT CONTAINS A CONDITION THAT ANY FURTHER DEVELOPMENT MUST BE REVIEWED BY THE PLANTTING CONIlVIISSION AND WHICH IS DEVELOPED WITH SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURE, IN ZONING CASE NO. 773, AT 1 CREST ROAD EAST, (LOT 1-FT), (HUH). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Planning Director Schwartz presented the staff report for Planning Commission Resolution No. 2010-02 approving a site plan review and variance for a property at 1 Crest Road East. She stated that the request is for a 450 sq. ft stable with a corral and access from Crest Road; and a 544 sq. foot infinity pool to encroach 14 ft. into the rear yard setback. She reviewed the history of the project and the details of the current proposal stating that the project, as proposed, would result in an additional 0.4% of disturbance which takes the total disturbance to 54.6%. She further noted that all of the other development standards are within the guidelines. Following discussion, Councilmember Lay moved that the City Council take Resolution No. 2010-02 under advisement. Mayor Pro Tem Pernell seconded the motion, which carried unanimously by those Councilmembers in attendance. PLANNING COMNIISSION RESOLUTION NO. 2010-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERNIIT TO CONVERT AN EXISTING STABLE STRUCTURE TO A RECREATION ROOM AND A SITE PLAN REVIEW TO CONSTRUCT AN ABOVE GRADE DECK ATTACHED TO THE CONVERTED STRUCTURE, WHILE SETTING ASIDE AN AREA ELSEWHERE ON THE PROPERTY FOR A FUTURE STABLE AND CORRAL ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE. �' IN ZONING CASE NO. 776, AT 1 LOWER BLACKWATER CANYON ROAD, (LOT 46-RH) (DENNEE). THE PROJECT HAS BEEN DETERNIINED TO BE EXEMPT PURSUANT TO _ THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Planning Director Schwartz presented the staff report for Planning Commission Resolution No. 2010-03 approving a Conditional Use Permit and Site Plan Review for a project at 1 Lower Blackwater Canyon Road. She stated that the request if for a Conditional Use Permit to convert an existing stable into a recreation room and a site plan review to construct an above grade deck to be attached to the recreation Minutes City Council Meeting O1/25/10 '2' � room. She reviewed the lot configuration and the details of the project. Following discussion, Councilmember Hill moved that the City Council receive and file Planning Commission Resolution No. 2010-03. Councilmember Lay seconded the motion, which carried unanimously by those Councilmembers in attendance. PUBLIC HEARINGS None. OLD BUSINESS � CONSIDERATION OF A LETTER TO ALLIED WASTE STATING THE CITY'S INTENTION TO NEGOTIATE A LONG-TERM FRANCHISE AGREEMENT AND EXERCISING A ONE (1) YEAR EXTENSION IF NECESSARY AND CONSIDERATION OF PROPOSITION 218 IMPLICATIONS OF SAME. City Manager Dahlerbruch stated that before the City Council are two items for consideration. First is letter to Allied Waste stating the City's intention to negotiate a long-term franchise agreement and exercising a one-year extension if necessary; and secondly, staff is seeking direction as to whether the . City Council would prefer to proceed with a Proposition 218 hearing or absorb the cost of the proposed refuse collection rate for fiscal year 2010/2011. Following discussion, Councilmember Lay moved that the City Council approve the letter stating the City's intent to negotiate a long-term franchise agreement and'exercise a one (1) year extension if necessary. Councilmember Hill seconded the motion, which carried unanimously by those Councilmembers in attendance. Following the first motion, Councilmember Lay moved that the City Council absorb the proposed rate increase for the fiscal year 2010/2011. Mayor Pro Tem Pernell seconded the motion, which carried unanimously by those Councilmembers in attendance. NEW BUSINESS CONSIDERATION OF THE 2008/2009 ANN[JAL FINANCIAL AUDIT. Jim Walker, Finance Director stated that in the past, the City was not producing a Comprehensive Annual Financial Report and that for 2008/2009 the City contracted with Lance, Soll and Lunghard (LSL) Certified Public Accountants to conduct the financial audit and internal control review. He then introduced, Brian Gruber, Audit Manager, LSL Certified Public Accountants. Brian Gruber, Audit Manager, LSL Certified Public Accountants presented the results of the audit and . the audited financial statements for the fiscal year that ended June 30, 2009. He stated that the audit was conducted in early November to complete the procedures and tests to express an opinion on the financial statement. He then reviewed the audit process stating that the results of the audit are presented in three communication letters, the first of which, as included in the financial statements, is the Audit Opinion Letter. He stated that LSL expressed an unqualified opinion on the financial statements, which is the best opinion that can be received in a financial audit. He stated that the next letter is an Audit Letter which provides an overview of the audit noting that the letter did not note any discrepancies or findings. He stated that the last letter is the Report on Internal Control and Compliance which lists any significant deficiencies or material weaknesses. He stated that two items were identified, first is the City's financial accounting software. He noted that the City does not use Governmental Fund Accounting software and it is further recommendation that the City use a software program that is more in line with the industry and City accounting. He stated that the second item is a one time adjustment related to fund balances restatements to put the revenues in the related period in accordance with modified accrual accounting . which is the accepted standard for governmental entities. Lastly, Mr. Gruber reviewed the results of the Financial Statements stating that the City reported an increase of approximately $135,000 in the government-wide net assets and a General Fund balance of ° approximately $3.9 million, which is 252% of the annual expenditure. He further noted that the general fund actual expenditures were under budget by approximately $121,000. Following brief discussion, Councilmember Lay moved that the City Council receive and file the 2008/2009 Annual Financial Audit. Mayor Pro Tem Pernell seconded the motion, which carried unanimously by those Councilmembers in attendance. Minutes City Council Meeting a oii2sito -3- CONSIDERATION OF THE FISCAL YEAR 2009/2010 MID-YEAR REVIEW AND APPROVAL OF FISCAL YEAR 2009/2010 BUDGET ADJUSTMENTS. Following staff's presentation and brief discussion concerning the fiscal year 2009/2010 mid-year review, Councilmember Lay moved that the City Council approve the 2009/2010 budget adjustments. Councilmember Hill seconded the motion, which carried unanimously by those Councilmembers in attendance. FISCAL YEAR 2010/2011 BUDGET PREPARATION CALENDAR. The fiscal year 2010/2011 budget preparation calendar was approved as presented. CONSIDERATION OF AN APPOINTMENT TO THE PLANNING COMMISSION FOR A FOUR YEAR TERM COMN�NCING IN FEBRUARY 2010, AND AUTHORIZATION TO II�TITIATE THE APPOINTMENT PROCESS FOR A PLANNING CONIlVIISSION VACANCY. City Manager Dahlerbruch stated the City has received three letters of interest for the two Planning Commission terms that are expiring this month, noting that letters were received from Commissioner Henke, Commissioner Smith and Mr. Spencer Karpf. He also noted that Commissioner Witte has since submitted his resignation thus creating a vacancy on the Planning Commission. He stated that staff is seeking direction as to how to proceed with the appointments for the expiring terms and authorization to initiate the appointment process for the vacancy. Following discussion, Councilmember Lay moved that the City Council reappoint Commissioners Henke and Smith to a four-year term commencing in February 2010 and authorize staff to initiate the appointment process for a Planning Commission vacancy with the application from Mr. Karpf being carried over for consideration to fill the vacancy. Councilmember Hill seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Hill, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. NOES None. ABSENT: Councilmember Black. ABSTAIN: None. OPEN AGENDA -APP1tOXIMATELY 8:00 P.M. -PUBLIC COMIVIENT WELCOME None. MATTERS FROM MENIBERS OF THE CITY COUNCIL REVIEW OF THE AGENDA FOR FEBRUARY 1, 2010 JOINT MEETING OF THE CITY COLJNCIL AND PLANNING COMMISSION. Following staff's presentation and brief discussion, the Members of the City Council directed staff to re- scheduled the joint meeting for a date in April and further review the agenda to include more strategic issues that serve to provide guidance to the Commission. MATTERS FROM STAFF City Manager Dahlerbruch introduced Assistant City Attorney, Elizabeth Calciano. City Manager Dahlerbruch noted that today, the City Council received a request for nominations for consideration as the 54`� Assembly District's " Woman of the Year" from Assembly Member Bonnie Lowenthal. Following discussion, the Members of the City Council directed staff to submit Marcia Gold's name for consideration as the 54�'Assembly District's "Woman of the Year." 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 Minutes City Council Meeting ov2siio -4- 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 8:15 p.m. Assistant City Attorney Calciano reported that the City Council recessed into closed session to discuss the Sheen/Jonas lawsuits and that no reportable action was taken. The meeting was back in open session at 8:50 p.m. ADJOURNMENT Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting at 8:50 . p.m. to the next regular meeting of the City Council scheduled to be held on Monday, February 8, 2010 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully subm�tted, ' � Heidi Luce Deputy City Clerk Approved, � � Tho s F eins e m Mayor Minutes City Council Meeting orizsi�o -5-