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1/23/2012 ,� "'� �° � . � o � � . A/ . .`�,/ c� '��i'���� VJ�' ���������� ����G`fG INCORPORATED JANUARY 24, 1957 V NO.2 PORTUGUESE BEND ROAD ROLLING HILLS,CA 90274 (310)377-1521 FAX(310)377-7288 NOTICE OF ADJOURNMENT DUE TO LACK OF QUORUM CITY OF ROLLING HILLS CITY COUNCIL NOTICE IS HEREBY GIVEN that an adjourned regular meeting of the City Council of the City of Rolling Hills scheduled for Monday, January 23, 2012 at 8:00 a.m. was adjourned due to lack of quorum. The next regular meeting of the City Council will be held on Monday, January 23, 2012 at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Dated this 23rd day of January, 2012. , ���� ��� Heidi Luce Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CIT'Y OF ROLLING HILLS ) HEIDI LUCE, being first duly sworn, deposes and says: That she is the duly appointed Deputy City Clerk of the City of Rolling Hills and that on January 23, 2012, she caused the above Notice to be posted at 5 Buggy Whip Drive and on the door of Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. / ���� ������ HEIDI LUCE DEPUTY CITY CLERK MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY,JANUARY 23,2012 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Lay at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer,Hill, Pernell, Mayor Pro Tem Black and Mayor Lay. 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. Bryan Gruber, Partner, Lance, Soll & Lunghard. Loren DeRoy, Resident. 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 - (1) Adjourned Regular Meeting of January 3, 2012 and (2) Regular Meeting of January 9, 2012. RECOMI��NDATION: Approve as presented. B. Payment of Bills. � RECONIlVIENDATION: Approve as presented. Councilmember Heinsheimer moved that the City Council approve the items on the consent calendar. Councilmember Hill seconded the motion,which carried without objection. PRESENTATION - Presentation to resident Loren DeRoy in recognition of ten years of service , as Member and Chair of the Rolling Hills Planning Commission Mayor Lay presented Ms. DeRoy with.a plaque bearing the City tile in recognition of her ten years of service to the City of Rolling Hills as Member and Chair of the Planning Commission. He thanked her for service to the Community through her work on the Planning Commission. COMIVIISSION ITEMS RESOLUTION NO. 2012-01. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT TO RETAIN A GUEST ROOM, PREVIOUSLY APPROVED AND CONSTRUCTED AS A TACK ROOM AND REQUEST FOR A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT, IF A STABLE AND CORRAL ARE CONSTRUCTED IN THE FUTURE, ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES IN ZONING CASE NO. 808, AT 7 RINGBIT ROAD EAST, (LOT 38-SF), (SHADDEl�. THE PROJECT HAS BEEN DETERMINED TO BE EXEMI'T FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA). Mayor Lay introduced Planning Commission Resolution No. 2012-01 granting approval of the Minutes City Council Meeting 01/23/12 -1- applicant's request in Zoning Case No. 808 at 7 Ringbit Road East for consideration by the City Council and asked for staff's comments. Councilmember Pernell recused himself from consideration of this item due to the proximity of his property to the subject property. Planning Director Schwartz presented the staff report pertaining to the case. She stated that the Planning Commission approved the applicant's request on a 4-1 vote with Commissioner Mirsch abstaining because she was not yet on the Commission when this case was first heard. She stated that the structure was built in 1965 with permits as a 255 sq. ft. two-story tack room and subsequent to that, the upper story has been used as a guest room and the bottom story has been used for storage. She stated that the applicant is requesting to retain the structure as it is currently used; and that the applicant proposes to set aside an area elsewhere on the property for a future stable and corral. Planning Director Schwartz stated that the Planning Commission, feeling that the structure is in character with the community despite its use, requested that the City Attorney's office review the applicant's request. The City Attorney's office responded that the structure could be approved based on � the fact that the bottom story is not habitable space and further recommended that if the Planning Commission approves the applicant's request, a covenant be recorded restricting the use of the bottom story. Following brief discussion, Councilmember Heinsheimer moved that the City Council receive and file Planning Commission Resolution No. 2012-01 in Zoning Case No. 808 at 7 Ringbit Road East. Mayor Pro Tem Black seconded the motion, which carried without objection. Councilmember Pernell returned to the dais. PUBLIC HEARING ZONING CASE NO. 807 - REQUEST FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A GUEST HOUSE, STABLE, CORRAL AND 5' HIGH RETAINING WALLS; CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE AND A STABLE WITH CORRAL AND VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE NET LOT, TO CONSTRUCT TWO WALLS WHICH ARE 5' HIGH ACROSS THEIR ENTIRE LENGTH AND ONE OF WHICH WOULD ENCROACH INTO THE SIDE YARD SETBACK ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE AT 5 BUGGY WI�IP DIZIVE, (LOT 245-A-MS), ROLLING HILLS, CA, (NGUYEI�. PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA). Mayor Lay introduced Zoning Case No. 807 at 5 Buggy Whip Drive for the City Council's consideration stating that the field trip scheduled for earlier in the day was postponed due to the rain and will be rescheduled. Mayor Pro Tem Black and Councilmember Heinsheimer recused themselves from consideration of this item due to the proximity of their properties to the subject property and left the dais. Mayor Lay opened the public hearing and called for public testimony. Frank Gargas, 19 Buggy Whip Drive addressed the City Council stating that he supports the Nguyen's project and he believes a homeowner should be able to do what they need to do on their property within the realm of the City's rules. He further stated that the Nguyen's took a property that was an eyesore and turned it into a beautiful piece of property. � Hearing no further public comment, the public hearing was continued. Following discussion, a site visit to 5 Buggy Whip Drive was scheduled for Tuesday, January 31, 2012 beginning at 10:00 a.m. Mayor Pro Tem Black and Councilmember Heinsheimer returned to the dais. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF THE 2010-2011 ANNUAL FINANCIAL AUDIT. Minutes City Council Meeting 01/23/12 -2- Mayor Lay introduced the item for consideration. . Finance Director Walk'er stated that submitted for consideration is the fiscal year 2010-2011 comprehensive annual financial report along with the audit letters submitted by Lance, Soll & Lunghard, He reviewed,the 2010-2011 financial highlights which included an election, $708,000 in COPS funds returned'to.the State and payment of the Ca1PERS side- fund in the amount of $151,000 which reduced the pension cost in the current fiscal year by approximately 4%. He stated that the City also switched over to a new financial software system and entered into a settlement agreement regarding the Poppy Trail landslide in fiscal year 2010-2011. He stated that the general fund ended the year with a surplus of approximately $100,000 mostly being due to building permit revenue being up and expenses being down. He added that financial statements have been upgraded from a general purpose statement, which is not recognized in the general community, to a Comprehensive Annual Financial Report (CAFR) with a transmittal letter and a statistical section; and that the City will apply for a National Award of Excellence from the Government Financial Officers Association based on the new financial report. He introduced, Bryan Gruber, Partner, Lance, Soll, Lunghard to present the audit. Mr. Gruber provided an overview of the results of the audit and the audit process. He stated that the audit was a successful audit with no significant issues or findings. He stated that the audit was conducted by a team of auditors over the course of a week's time in October and the process included a review of the City's internal controls and testing of the financial statements. He stated that the summary of the audit is presented in three pieces of communication, the audit communication letter which provides an overview of the process and lists any difficulties or deficiencies. The second is the management letter which reports as required by auditing standards, any deficiencies in internal control, which there were none; as well as issues with legal compliance of which there were none reported as well. And, the third letter provides the independent auditors report which is included in the financial statements where an opinion is expressed by the auditors regarding the financial statements as to whether or not they are properly stated in all material respects. He stated that Lance, Soll & Lunghard expressed an unqualified opinion, which is the best opinion that can be received in a financial audit. Councilmember Heinsheimer moved that the City Council receive and file the 2010-2011 Comprehensive Annual Financial Audit as presented. Councilmember Pernell seconded the motion, which carried without objection. CONSIDERATION OF A THREE-YEAR PROFESSIONAL SERVICES AGREEMENT WITH LANCE, SOLL &LUNGHARD, LLC FOR ANNUAL AUDIT SERVICES. Mayor Lay introduced the item for consideration. Finance Director Walker stated that presented for consideration is a new three-year agreement with Lance, Soll & Lunghard for audit services through the fiscal year 2013-2014 audit. He stated that the Budget/Finance Committee met in November to review the proposal and subsequent to that meeting at the request of the Committee, the proposal reflects a 3% increase the first and second year and no increase the final year of the contract. Councilmember Pernell asked for clarification regarding the negotiation process with the audit fum. City Manager Dahlerbruch stated that staff requested a proposal and that the proposal was reviewed with the Budget/Finance Committee. He stated that the original proposal included a 3% increase each year and it was at the request of the Committee that the current increase structure was proposed. Discussion ensued concerning other options possible to reduce cost with Councilmember Pernell suggesting that there be a 0% increase the first year and 3% increase the two subsequent years. Following brief discussion, Councilmember Hill moved that the City Council approve a three-year agreement with Lance, Soll and Lunghard, LLC for annual audit services as presented and direct staff to • execute the contract. Councilmember Heinsheimer seconded the motion, which carried with Councilmember Pernell and Mayor Pro Tem Black opposed. Following further discussion concerning the price increase structure, staff was directed to discuss with Lance, Soll, Lunghard the option of a 0-3-3 increase structure or possible adding a fourth year to the contract at no increase and bring an amendment to the agreement back to the City Council if appropriate. � OPEN AGENDA- APPROXIMATELY 8:00 P.M. - PUBLIC COMI��NT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. Minutes City Council Meeting ova3i�a -3- MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY City Attorney Jenkins briefly reviewed the California Environmental Quality Act (CEQA) requirements and its applicability to cases being heard by the Committee on Trees and Views. 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 Lay adjourned the meeting at 8:08 p.m. to an adjourned regular meeting of the City Council scheduled for Tuesday, January 31, 2012 beginning at 10:00 a.m. for the purpose of conducting a field trip to 5 Buggy Whip Drive. The next regular meeting of the City Council is scheduled to be held on Monday, February 13, 2012 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully subr�itted, � Heidi Luce Deputy City Clerk Approved, �� James Bla ,M.D. Mayor Pro Tem Minutes City Council Meeting o v23i�2 -4-