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2/28/2011MINUTES OF AN ADJOURNED REGULAR MEETING 113 a 11 as, CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, FEBRUARY28, 2011 AT 2 APPALOOSA LANE CALL TO ORDER An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pernell at 4:00 p.m. at 2 Appaloosa Lane, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. Councilmembers Absent: None. Councilmemebers Abstain: Black, applicant Others Present: Anton Dahlerbruch, City Manager Yolanta Schwartz, Planning Director Dr. James Black, applicant Seiko Fujikuro and Rainy Awad, B & E Engineers, applicant's representatives Mrs. Marion Scharffenberger, neighbor - 4 Appaloosa Lane Mr. John Resich, resident Mr. David Breiholz, resident Dr. Ralph Black, resident 1. PUBLIC HEARING -Field Trip to the following site: A. ZONING CASE NO. 799. PUBLIC HEARING: Consideration in Zoning Case No. 799, 2 Appaloosa Lane (Lot 106-C-RH). Request for a Site Plan Review to retain "as graded" condition on a lot and a Variance to exceed the maximum permitted disturbed area of the lot on a property where a single family residence is currently under construction, (Black). Project has been determined to be exempt from the California Environmental Quality Act, (CEQA), pursuant to Sections 15304 and 15061 (b)(3). Planning Director Schwartz provided background information and described the property. She stated that the area under consideration, approximately 19,000 square feet, receives large amount of water from above and that through the years the City allowed dirt to be brought to the site for erosion control. She further stated that with the latest approval to import dirt for erosion control in April 2010, the applicant exceeded the threshold for over-the-counter approval and installed drainage pipes, dissipater and filled an area more than 3 -feet high. This work requires Planning Commission approval and grading permit. She also stated that much of the construction took place on neighbors' property at 3 Appaloosa Lane and in the roadway easement, as well as on a small portion of the neighbors' property at 4 Appaloosa Lane. In response to question regarding property lines with adjacent properties, she reviewed the stakes delineating the property lines. In response to Mr. Resich, Rainy Awad, engineer, stated that 6-8 truck loads of dirt would have to be removed if the City Council approved this project with the same condition as the Planning Commission to reduce the slopes in two places. Mrs. Scharffenberger asked if Council members received the letter and pictures submitted to the Planning Commission from Dr. Jim Scharffenberger and if they had read it, to which the Mayor responded that they did. All those present walked the property to view the topography, the as built drainage pipes, dissipater and the drainage inlet. Dr. Black and Rainy Awad, applicant's engineer pointed out the areas that the Planning Commission requested to be brought back to a more Minutes 2-28-11 F.T. natural state. Dr. Black explained that the construction was done unintentionally on the neighbors' property and that he used markings in the street as bearings for what he thought was his property line. Planning Director Schwartz explained that the applicant will be required to sign and record an of site construction covenant for work done on neighbor's property and receive permission from the Rolling Hills Community Association for work in the easements. Additionally grading permit, including Fish and Game permit, will be required from the Building and Safety Department. After further discussion, the City Council continued the hearing to the evening meeting on February 28, 2011. 2. ADJOURNMENT Hearing no further business before the City Council, Council members adjourned the meeting at 4:45 p.m., to a regular meeting of the City Council to be held on Monday, February 28, 2011, beginning at 7:30 p.m., at City Hall, Rolling Hills California. Respectfully submitted by: P/ I U S L Yol a Schwartz, Plannin irector Approved: Godfrey Penfell, Mayor Minutes 2-28-11 F.T. 2 SI101 Date 1 1 MINUTES. OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, FEBRUARY 28, 2011 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pernell 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, Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. Councilmembers Absent: None. Others Present: Anton Dahlerbruch, City Manager. Michael Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, Deputy City Clerk. John Resich, 8 Outrider Road. Kathleen McGowan, PE, Consultant. 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 February 14, 2011. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of January, 2011. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for January, 2011. RECOMMENDATION: Receive and file. E. City Council Personnel Committee meeting notes of February 14, 2011. RECOMMENDATION: Receive and file. F. CONSIDERATION OF RESOLUTION NO. 1103 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ACCEPTING THE QUITCLAIM FROM THE COUNTY OF LOS ANGELES OF ITS INTEREST IN PROPERTY LOCATED ON CREST ROAD EAST AND ON EASTFIELD DRIVE IN THE CITY OF ROLLING HILLS AND AN APPROPRIATION OF $33,611.72 FOR THE PURCHASE OF PARCELS 7567 002 032 AND 7567 008 017 INCLUDING ASSOCIATE FEES. RECOMMENDATION: Approve as presented. G. Consideration of the City of Rolling Hills Investment Policy and the City of Rolling Hills Financial, Budget and Debt Policies. RECOMMENDATION: Approve as presented. Councilmember Heinsheimer moved that the City Council approve the items on the consent calendar. Councilmember Black seconded the motion, which carried without objection. COMMISSION ITEMS RESOLUTION NO. 2011-02. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT TO CONSTRUCT A STABLE WITH A LOFT AND CORRAL AND A Minutes City Council Meeting 02/28/11 -1- VARIANCE TO ALLOW THE STABLE AND CORRAL TO ENCROACH INTO THE FRONT YARD SETBACK ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE, AT 29 MIDDLERIDGE LANE SOUTH, (LOT 248 -A -1 -UR), (JOHNSON). PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA). Mayor Pernell introduced Planning Commission Resolution No. 2011-02 in Zoning Case No. 797 at 29 Middleridge Lane South for consideration by the City Council. Planning Director Schwartz presented the background on the case stating that the application is for a new stable which was approved by a 4-0 vote of the Planning Commission with Commissioner Chelf abstaining due to an absence from the meeting at which the case was originally considered. She reviewed the proposed plans stating that the applicant is requesting a variance to encroach into the front yard setback.. She stated that all of the development standards are being met and no other variances are being requested. Following staff's presentation, Councilmember Heinsheimer moved that the City Council receive and file Planning Commission Resolution No. 2011-02 in Zoning Case No. 797 at 29 Middleridge Lane South (Johnson). Councilmember Black seconded the motion, which carried without objection. RESOLUTION NO. 2011-03. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A MODIFICATION TO A PREVIOUSLY APPROVED PROJECT IN ZONING CASE NO. 791, APPROVED BY RESOLUTION NO. 2010-21. THE REQUEST IS TO MODIFY GRADING QUANTITIES, EXPORT OF DIRT, GREATER THAN ALLOWED SLOPES, UP TO 1.5:1 GRADE, TO CONSTRUCT FEWER AND LOWER WALLS AND MODIFY THE LANDSCAPING PLAN, AT A PROPERTY KNOWN AS 1 POPPY TRAIL ROAD, (CJPIA). THE CITY COUNCIL ADOPTED A MITIGATED NEGATIVE DECLARATION FOR THE PREVIOUSLY APPROVED PROJECT. AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION REFLECTING THE PROPOSED MODIFICATIONS HAS BEEN PREPARED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REQUIREMENTS. Mayor Pernell introduced Planning Commission Resolution No. 2011-03 in Zoning Case No. 791 - Modification at 1 Poppy Trail (CJPIA) for consideration by the City Council. Planning Director Schwartz presented the background on the case stating that the applicant is proposing to reduce the grading, increase the amount of dirt to be exported, eliminate some of the walls and modify the landscaping plan. She stated that the applicant is also requesting a variance for steeper than the previously approved slopes. She then reviewed the plans in detail. Discussion ensued concerning proceeding with the project without the inclusion of the Saridakis property. Following staff's presentation, Councilmember Heinsheimer moved that the City Council receive and file Planning Commission Resolution No. 2011-03 in Zoning Case No. 791 -Modification at 1 Poppy Trail (CJPIA). Councilmember Hill seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Black, Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. NOES: None. ABSENT: None. ABSTAIN: None. Mayor Pernell suggested that the item concerning the Machado Lake Nutrient Implementation Plan scheduled under Old Business be taken out of order for consideration at this time. Hearing no objection, he so ordered. OLD BUSINESS lLTJ /:L `].V.11Ee71/_1:4:220111R1021aIu191:4UT-1 ah1KTV6[6]►i a 9130 City Manager Dahlerbruch presented the proposed Machado Lake Nutrient Implementation Plan. He stated that on January 10, 2011, the City Council was provided with an overview of the Nutrient Implementation Plan and at that time directed staff to discuss implementation of the plan with Caballeros, RHCA Landscape Committee and also to contact the County of Los Angeles concerning a shared canyon on the west side of the City. He stated that the results of those conversations have been incorporated into the plan that is before the City Council for consideration this evening. Following discussion, Councilmember Heinsheimer moved that the City Council approve the Machado Lake Nutrient Implementation Plan. Councilmember Hill seconded the motion which carried without objection. Minutes City Council Meeting 02/28/11 -2- PUBLIC HEARINGS ZONING CASE NO. 799,2 APPALOOSA LANE .(LOT 106-C-RH) — REQUEST FOR A SITE PLAN REVIEW TO RETAIN "AS GRADED" CONDITION AND "AS BUILT" DRAINAGE DEVICES ON A LOT, AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT ON A PROPERTY WHERE A SINGLE-FAMILY RESIDENCE IS CURRENTLY UNDER CONSTRUCTION, (BLACK). THE PROJECT IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO SECTIONS 15304 AND 15061(B)(3) OF THE ACT. Councilmember Black recused himself from consideration of this item because he is the applicant. He left the dais and took a seat in the audience. Mayor Pernell introduced Zoning Case No. 799 at 2 Appaloosa Lane (Black) and stated that a field trip was conducted at this property earlier in the day. Planning Director Schwartz presented the background on the case stating that this is a continued public hearing on a case that was taken under jurisdiction by the City Council after the Planning Commission approved the project. She stated that the project consists of grading and installation of drainage devices at 2 Appaloosa Lane. She reviewed the plans as submitted by the applicant stating that the work was done to control erosion in that area of the property. She stated that through the years the area was continuously eroding and the applicant, was continuously filling the fissures with City permission to import soil for that purpose under the Zoning Code provision that allows dirt to be brought in for that purpose. She stated that in the last year, dirt was imported and work was done that exceeds what can be approved over-the-counter for erosion control. She stated that the work that was done requires a grading permit as well as a building permit from the Los Angeles County Department of Building and Safety. She stated that the County has reviewed the original plan, including the hydrology report and has approved it in concept, requiring a larger dissipater than what was constructed. She stated that the work on the project was done on the applicant's property as well as on the adjacent property at 3 Appaloosa Lane and in the roadway easement. She stated that the property owner at 3 Appaloosa Lane has agreed to sign a covenant agreement allowing the improvements made by the applicant to remain on the property at 3 Appaloosa Lane. She stated that the applicant will also be required to obtain an easement agreement from the Rolling Hills Community Association and to obtain a permit from the California Department of Fish and Game because the area is a natural drainage course. She further reviewed the landscaping plan submitted by the applicant. Finally, she stated that if this project is approved, it will go back the Los Angeles County Department of Building and Safety for final review and approval. In response to Mayor Pro Tem Lay's inquiry regarding the necessary RHCA approvals, Planning Director Schwartz stated that the applicant will be required to obtain a license agreement for the drainage devices, as well as for the landscaping and grading that was conducted in the roadway easement. Mayor Pernell then called for public testimony. Jim Scharffenberger, 5 Appaloosa Lane addressed the City Council on behalf of Marion Scharffenberger at 4 Appaloosa stating that his concern in not what is in the letter that was submitted to the Planning Commission and is now before the City Council; his concern is that this is a prelude to the property being subdivided and a home being built on the site. He stated that a building pad has been created in an area that was a canyon and that the area is an eyesore and he wants it made pretty again. John Resich, 8 Outrider Road addressed the City Council to review contour maps from a 1929 US Geological survey showing a completely different contour than what is submitted in the applicant's request and showing a blue line stream in the canyon that would require Department of Fish and Game approval. He stated that for the City Council to make a decision on the project without first confirming every other jurisdiction's requirements is not giving proper consideration to the project and is not being transparent. Jim Black, 2 Appaloosa Lane, applicant addressed the City Council stating that he has communicated with the RHCA regarding the necessary licensing agreements and that the plan has been submitted to the Department of Fish and Game for review. He further stated that the County engineer has reviewed the revised plans and with minor conditions, is ready to approve it. Minutes City Council Meeting 02/28/11 -3- Discussion ensued concerning the necessary approvals and the sequence that those approvals need to occur in with Mayor Pro Tem Lay suggesting that the City Council wait to see if the Department of Fish and Game and the Rolling Hills Community Association have comments before approving the project. Mayor Pernell asked the applicant if the issues raised in the letter submitted by the Scharffenbergers can be satisfied. The applicant responded that with the exception of removing soil from 3 Appaloosa Lane, and restoring the canyon to the natural grade all of the issues can or have been resolved. He stated that there is some discrepancy as to what the natural grade is. Jim Scharffenberger addressed the City Council to state that his mom has reviewed the landscaping plan to remediate the canyon and she likes the plan. He further stated that they are happy with the esthetics of the new plan. Hearing no further public testimony, Mayor Pernell closed the public hearing. Following the public hearing and discussion, Councilmember Hill moved that the City Council direct staff to prepare a resolution of approval in Zoning Case No. 799 at 2 Appaloosa Lane to be brought back for consideration by the City Council after the applicant has submitted the grading plan to the County for review and approval and applied for a license agreement with the RHCA. Councilmember Heinsheimer seconded the motion which carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. NOES: None. ABSENT: Black (recused). ABSTAIN: None. NEW BUSINESS CONSIDERATION OF THE FISCAL YEAR 2010/2011 MID -YEAR REVIEW AND APPROVAL OF FISCAL YEAR 2010/2011 BUDGET ADJUSTMENTS. Finance Director Walker presented the 2010/2011 mid -year budget review and proposed budget adjustments. He noted that when the budget was adopted it included use of $133,000 in reserve funds to balance the budget and as of the mid -year review, revenue is above what was projected and expenses are below what was projected indicating that the year will end flat rather than in a deficit. Following discussion, Councilmember Heinsheimer moved that the City Council receive and file the mid -year budget report and approve the budget adjustments as presented. Mayor Pro Tem Lay seconded the motion which carried without objection. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Q.t'S, MATTERS FROM MEMBERS OF THE CITY COUNCIL Mayor Pro Tem Lay requested to be excused from the March 14, 2011 meeting. MATTERS FROM STAFF City Manager Dahlerbruch stated that the City Council re -organization is scheduled for the March 28, 2011 City Council meeting. WILLDAN ANNUAL UPDATE (ORAL) Planning Director Schwartz provided an update on the projects for which Willdan is currently providing Building and Safety services. She stated that since the City entered into the contract in January 2008 as an alternative to Los Angeles County Building and Safety services eight of the large development projects (approximately 20%) are being handled by Willdan and feedback received from the applicants indicates that they are satisfied with Willdan's service. No action was taken. Minutes City Council Meeting 02/28/11 -4- 1 1 1 1 1 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. No closed session was held. ADJOURNMENT Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 8:59 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, March 14, 2011 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, Godfrey Perne :S. Mayor Minutes City Council Meeting 02/28/11 Respectfully submitted, (V��Vt/� //��' i W, Heidi Luce Deputy City Clerk -5-