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2/27/2012MINUTES OF AN ADJOURNED MEETING -OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA FEBRUARY 27, 2012 CALL MEETING TO ORDER A meeting of the City Council was called to order at 8:30 a.m. by Mayor Lay on Monday, February 27, 2012, at 49 Saddleback Road, Rolling Hills, California. ROLL CALL Council Members Present: Heinsheimer, Black, Hill and Mayor Lay. Council Members Absent: Pernell (excused). (Councilmember Pernell visited the properties later in the day with staff? Others Present: Anton Dahlerbruch, City Manager Yolanta Schwartz, Planning Director Ms. Bihun and Mr. Taylor, applicants Mr. Hall, owner of 48 Saddleback Road Debra Lluncor, neighbor James Aichele, Rolling Hills resident Ms. Bihun's mother IaIID1aIMC9I1 VIEW IMPAIRMENT APPEAL OF A DECISION OF THE COMMITTEE ON TREES AND VIEWS IN A VIEW IMPAIRMENT CASE FILED BY MS. OKSANA BIHUN, 49 SADDLEBACK ROAD AGAINST TREES LOCATED ON PROPERTY OWNED BY MR. HOWARD HALL, 48 SADDLEBACK ROAD. THE APPEAL WAS FILED BY MR. HALL. The City Council members convened the meeting at 49 Saddleback Road in a north patio adjacent to the dining room of the main residence. City Manager Dahlerbruch, provided a brief summary of the case, the actions of the Committee on Trees and Views and the nature of the appeal. Council members reviewed the pictures and established that the side patio adjacent to the dining room is an appropriate viewing area and that there is a view. Mr. Hall stated that Ms. Bihun trespassed on his property and trimmed and cut the trees along the front property line and that cutting and/ or trimming the large trees along the driveway on his property, as was directed by the Committee on Trees and Views, would damage the trees and possibly kill them. He also stated that the $2,000 allowance to replace the trees or remove the stumps is not adequate. Ms. Buhun responded that she trimmed the trees along the front of 48 Saddleback for many years with the permission of the previous owner. She further stated that the last time she trimmed those trees she did not know that Mr. Hall owned the property and that she spoke to the occupants' of the house and asked permission. Council members and all present then visited the tree -owner's property at 48 Saddleback Road. Discussion ensued which tree is number 8 tree. Staff clarified that tree # 8 is the tree east of tree #1 in the front roadway easement and that it is mismarked on the plot plan. Staff was directed to bring a corrected plan to the evening meeting. After viewing the trees and their location, the public hearing was continued. PUBLIC COMMENT None. Minutes Adjourned City Council Meeting 02/27/12 -1- ADJOURNMENT Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 9:15 a.m. to a regular meeting of the City Council scheduled on Monday, February 27, 2012 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, --4 B. Allen Lay v Mayor Minutes Adjourned City Council Meeting 02/27/12 Res ec"ully submitted, Y a to Schwartz 4 ening Director -2- 1 1 1 1 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, FEBRUARY 27, 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: Councilmembers Absent: Others Present: CONSENT CALENDAR Heinsheimer, Hill, Pernell, Mayor Pro Tem Black and Mayor Lay. None. Anton Dahlerbruch, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, Deputy City Clerk. Jim Walker Terry Shea, Rogers, Anderson, Malody and Scott, LLP. Stanley Lamport, Attorney. Dan & Lisa Nguyen, 5 Buggy Whip Drive. Mr. & Mrs. Dieringer, 7 Buggy Whip Drive. Howard Hall, 7 Portuguese Bend Road. Oksana Bihun, 48 Saddleback Road. Fenton Taylor, 48 Saddleback Road. Richard Colyear, 35 Crest Road West. 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 31, 2012; (2) Regular Meeting of February 13, 2012. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of January, 2012. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for January, 2012. RECOMMENDATION: Receive and file. E. Consideration of an Amendment extending the existing three-year Professional Services Agreement with Lance, Soll & Lunghard, LLC for Annual Audit Services to provide a fourth year of services for the FY 2014/2015 Audit without a rate increase. RECOMMENDATION: Approve as presented. Councilmember Heinsheimer moved that the City Council approve the items on the consent calendar. Mayor Pro Tem Black seconded the motion, which carried without objection. Mayor Lay presented a City tile to James Walker in recognition of his accomplishments during his three years of service to the City in the capacity of Finance Director. Mr. Walker thanked the City Council and staff for their support during his tenure with the City. Mayor Lay stated that with the Council's concurrence, Item No. 7A under New Business will be taken out of order. Hearing no objection, he so ordered. Minutes City Council Meeting 02/2712 -1- CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT WITH ROGERS, ANDERSON, MALODY AND SCOTT, LLP FOR PROVIDING THE CITY OF ROLLING HILLS ACCOUNTING, FINANCE AND TREASURY SERVICES AND THE BUDGET TRANSFER OF $28,500 FROM FINANCE SALARIES TO CONSULTANT FEES City Manager Dahlerbruch presented the staff report stating that before the City Council for consideration is a professional services agreement with Rogers, Anderson, Malody and Scott, LLP (RAMS) to provide the City with accounting, finance and treasury services. He stated that due to CalPERS rules, Mr. Walker is no longer able to serve as the City's Finance Director and as a result of his retirement, the City solicited proposals for finance services from seven firms. Of the proposer, staff is recommending RAMS provide finance and accounting services. Following discussion, Councilmember Heinsheimer moved that the City Council approve the agreement with RAMS for accounting, finance and treasury services and authorize the City Manager to execute the agreement; and approve a budget transfer of $28,500 from salaries to consultant fees to fund the contract. Mayor Pro Tem Black seconded the motion which carried without objection. COMMISSION ITEMS None. 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 WHIP DRIVE, (LOT 245 -A -MS), ROLLING HILLS, CA, (NGUYEN). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA). Councilmember Heinsheimer and Mayor Pro Tem Black recused themselves from consideration of this case due to the proximity of their properties to the subject property and left the dais. Mayor Lay stated that before the City Council is a continued public hearing, regarding Zoning Case No. 807 at 5 Buggy Whip Drive. He commented that those Councilmembers participating in the deliberation on this case visited the site and are familiar with the project and asked staff to provide an update for those in the audience. Planning Director Schwartz stated that case was taken under jurisdiction by the City Council after Planning Commission approval with one vote against the project and that the Council visited the site on January 31 ". She reviewed the details of the applicant's request for a 640 sq. ft. guest house and 890 sq. ft. stable with a corral commenting that access both structures is proposed to be along an existing flat pathway. She further reviewed the grading requirements as well as the proposed 5 ft. walls. She stated that this case began as a code enforcement case when the applicant began replacing the existing retaining walls that were failing. She commented that whether or not the structures are approved, the area where the walls are located will have to be reconstructed or replaced with something that meets the current Building Code. She stated that the neighbors at 7 Buggy Whip Drive have expressed concern regarding the overdevelopment of the area as well as their privacy; and the neighbor at 1 Buggy Whip has submitted aerial photographs calling into question whether or not the walls were previously located in the area. She stated that the information submitted at the field trip by the neighbor at 7 Buggy Whip Drive was included in the information packet for this meeting as well as a response from the applicant's attorney. She reviewed the applicant's representatives' responses to the questions raised at the filed trip regarding the steps/pathway from the residence to the guesthouse and the required grading. She further commented that the Dieringer's also submitted more information tonight and that information has been distributed at the dais and made available to the public. Mayor Lay called for public testimony. Stanley Lamport, Attorney addressed the City Council on behalf of the applicant. He stated that the aerial photographs show that the site historically had a lower terraced area and the applicant is making an effort to restore the property and put a stable site on the property. He responded to the letter submitted by the Dieringer's and commented that if the retaining walls were removed, as suggested in Minutes City Council Meeting 02/2712 -2- the letter, the area would be subject to catastrophic failure. He further commented that the proposed guesthouse was reduced in size as compared to what was originally proposed when the case was before the Planning Commission. He stated that the proposal maintains .the openness and rural character of the community given that it is proposed in a low visibility location and occupying a small area of the property. Bea Dieringer, 7 Buggy Whip Drive, addressed the City Council reviewing the information she submitted this evening and requesting that the City Council briefly table this discussion to address what she believes is an emergency situation relative to the retaining walls. Mr. Deieringer commented that they are also concerned for their privacy, and how it will be affected by the guesthouse as well as the practicality of the staircase. He stated that their concern is that access to the guesthouse will be along the easement affecting their privacy. Ty Bobbit, 10 Buggy Whip Drive addressed the City Council stating that he has lived here for 20 years and he believes the Nguyen's have done a wonderful job improving a property that was previously in disrepair and supported their request for a stable. John Blazevich, 1 Buggy Whip Drive addressed the City Council stating that he understands the process because he went through it and has enjoyed living here. He stated that he feels it would be wrong for the City to allow the applicant to construct the wooden wall that exists currently to replace a wall that was never there before. He stated that he prefers the natural topography and the project should, as Mr. Lamport said, replace what was there. Mr. Blazevich further commented that he and his gardeners saw two ten -wheel trucks bring dirt in when the walls were being constructed. Frank Gargas, 19 Buggy Whip Drive addressed the City Council in support of the project. Jim Black, 2 Appaloosa Lane addressed the City Council stating that he has been here since 1998 and if the existence of a previous wall is relevant, he confirms that there was a wall there previously. He said it wasn't as big as what exists currently, but there was a wall that was broken down and falling apart. Mrs. Dieringer addressed the City Council stating that this in not a personal issue; it is an issue about the facts and they are concerned about their privacy and diminution of their property value with access to the guesthouse being along the easement. Mr. Lamport addressed the City Council stating that he agrees with Mrs. Dieringer that it is a good idea to put a permanent retention solution in place, but tabling the discussion will not put a solution in place but rather delay what needs to occur.. He further stated that regarding traffic to the guesthouse, the applicant is willing to accept a condition that there be no paved or other driveway access to the guesthouse. He further commented that the proposed walls will be constructed to code and at the height approved. Hearing no further public comment, Mayor Lay closed the public hearing. Councilmember Pernell asked Planning Director Schwartz if the City has records as to when the original walls were constructed. She responded that permits for a stable and retaining walls were pulled in 1975. He also asked for the grade difference between the pads. With clarification from the engineer, she responded that it is a 20' difference in grade. Councilmember Pernell commented that he feels that the location of the stable and corral are appropriate, but he questions the relevance and practicality of the gueshouse being constructed in the proposed location. He stated that he feels that the guesthouse would be better suited in a location with closer proximity to the main structure. Mayor Lay commented that he does not feel that the Dieringer's concern for privacy is an issue that relates, but the issue is the density of the guesthouse and stable being located in such close proximity to one another and he also feels that the guesthouse would be better served in another location. Following brief discussion, Councilmember Pernell moved that the City Council direct staff to prepare a Resolution of Approval granting the applicant's request for the walls and stable/corral with the standard findings of fact and conditions of approval. Mayor Lay seconded the motion which carried by the following roll call vote: AYES: Councilmembers Pernell, Hill and Mayor Lay. NOES: None. ABSENT: Councilmember Heinsheimer and Mayor Pro Tem Black (recused). ABSTAIN: None. Minutes City Council Meeting 02/2712 -3- Councilmember Heinsheimer and Mayor Pro Tem Black returned to the dais. The City Council took a brief recess at 8:33 p.m. The meeting reconveniened at 8:35 p.m. CONSIDERATION OF AN APPEAL OF A DECISION OF THE COMMITTEE ON TREES AND VIEWS IN A VIEW IMPAIRMENT CASE FILED BY MS. OKSANA BIHUN, 49 SADDLEBACK ROAD, AGAINST TREES LOCATED ON A PROPERTY AT 48 SADDLEBACK ROAD OWNED BY MR. HOWARD HALL. THE APPEAL WAS FILED BY MR. HALL. Mayor Lay introduced the item for public hearing and asked staff for to present the staff report. City Manager Dahlerbruch stated that the at the field trip scheduled for 8am this morning, four Councilmembers were present and the remaining Councilmember, visited the site with staff at 4pm to familiarize himself with the property and the trees. He stated that in discussion at the field trip, the City Council determined that there is a view and that the view is impaired. He stated based on the discussion at the field trip relative to the illustration of the location of the trees, staff has revised the illustration to reflect a more accurate location of tree #8 and copies have been provide to the City Council and the public for their reference. Howard Hall, property owner of 48 Saddleback Road addressed the City Council stating he feels that there has been confusion from the beginning about exactly what trees are involved. He said he still doesn't know what trees are involved and he requests that the hearing be continued for 60 days to give the parties an opportunity to resolve the matter. In response to Councilmember Pernell's question as to how long this case has been going on, Councilmember Heinsheimer responded that it was filed on July 8, 2011 as referenced in the staff report. Oksana Bihun, 49 Saddleback Road addressed the City Council stating that she feels the trees in question were clear from the very start and further reviewed the specific trees in question. She stated that they would have preferred to work this matter out with Mr. Hall directly, but numerous attempts to contact Mr. Hall to resolve the matter were unsuccessful. In response to Mr. Hall's supposition that removing the trees would diminish his property value, Ms. Bihun stated that she contacted two property brokers who feel that removing the trees would not reduce the property value. She submitted letters from the brokers supporting their opinions. She further stated that she feels that $2,000 is an appropriate amount for stump removal and replacement trees and requested that if the City Council opts to allow for replacement trees that it be required that they be planted within 5 ft. of the removed trees so as not to create a new view impairment. In response to Mayor Pro Tem Black's inquiry, Ms. Bihun stated that the brokers viewed Mr. Hall's property from the street and did not enter his property. Fenton Taylor, 49 Saddleback Road addressed the City Council stating that this has been a difficult process. He commented that, as seen at the field trip, Trees 1, 2, 3, 4 and 8 completely block their view of the ocean and Queen's Necklace. He further commented that they were surprised by the fact that the Committee on Trees and Views did not take action on Trees 5, 6 and 7 which block their view of the City given that two of three members of the Committee voted at their field trip that the trees do block the view. He reviewed photographs showing that Trees 5, 6 and 7 substantially block their view of the City from the swimming pool area. Mr. Fenton further commented that one of his passions is flying and due to a small heart attack, he is not currently able to fly but would enjoy being able to watch the activity at Torrance Airport from his patio which he currently cannot because those trees block the view. He stated in closing, that they request that the City Council consider including the topping or cutting of those trees in their decision and that they would be willing to pay for any subsequent trimming in the future. Mr. Hall stated that he was not provided copies of the documents presented this evening and he feels he should be provided copies so that has an opportunity to respond. He stated that he feels that it would be appropriate, given the confusion surrounding this case, that the matter be continued for 60 days. Mayor Lay commented that he does not feel that there is any confusion relative to which trees are in question, but given the mismarking of trees on the diagram and to allow the parties to respond to the testimony and material submitted, he would not be opposed to continuing the meeting to the next meeting of the City Council. Following brief discussion concerning the parties coming to an agreement to resolve the matter, the public hearing was continued to the next regular meeting of the City Council scheduled for Monday, March 12, 2012. Minutes City Council Meeting 02/2712 -4- OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT WITH ROGERS, ANDERSON, MALODY AND SCOTT, LLP FOR PROVIDING THE CITY OF ROLLING HILLS ACCOUNTING, FINANCE AND TREASURY SERVICES AND THE BUDGET TRANSFER OF $28,500 FROM FINANCE SALARIES TO CONSULTANT FEES Taken out of order — see above after consent calendar. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Mr. Richard Colyear, 35 Crest Road West, addressed the City Council regarding the difference between how the Association handles tree removal which includes removal of the stumps and how the City addresses tree removal. He reviewed information concerning Bracket fungi which is a fungus that attacks tree stumps and may develop pathogens in the soil. The City Council suggested that the matter be referred to the Planning Commission. MATTERS FROM MEMBERS OF THE CITY COUNCIL UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETING (ORAL). Councilmember Pernell provided an update on the discussion from the Regional Law Enforcement Committee meeting held on Thursday, February 16, 2012. He stated that since Captain Anda's promotion to Commander, the Sheriff's Dept. has yet to appoint a replacement and letter was sent on behalf of the Committee to affirm the process whereby the City Managers will participate in the interviews for a replacement Captain. Councilmember Hill commented that burglaries are up overall which may have to do with a change in penal structure. Councilmember Hill commented that he feels that when a staff related issue arises in the field it should be addressed with staff directly and not in a public area. He further commented that he has concerns regarding the City's policy on views and feels that the term "view" should be better defined relative to reach and degree. Following discussion, it was suggested that the matter be referred to the Planning Commission through a joint meeting with the City Council. Councilmember Pernell expressed concern regarding the accusation that the vote relative to the view case was not accurately reported in the minutes from the field trip. In response, City Manager Dahlerbruch responded that there was not an inaccuracy in minutes but rather a misunderstanding of the process. He commented that the Committee reviews the minutes thoroughly prior to approval. City Attorney Jenkins further commented that votes should not be taken in the field and it may be a matter that needs to be addressed internally as process related issue. MATTERS FROM STAFF QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING DECEMBER 30, 2011. City Manager Dahlerbruch presented the Quarterly Schedule of Investments report for the quarter ending December 31, 2011. He stated that the amount of return is fairly even compared to the last quarterly report and the reduction in the amount in reserves is due to the fact that funds were transferred to the OPEB Trust. No action was taken. WILLDAN ANNUAL UPDATE (ORAL). City Manager Dahlerbruch provided an update on the projects for which Willdan is currently providing Building and Safety services. He stated that they are currently working on five cases which seems to be a consistent number. No action was taken. Minutes City Council Meeting 02/2712 -5- 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 Lay adjourned the meeting at 9:30 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, March 12, 2012 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, e155 — — B. Allen Lay Mayor Minutes City Council Meeting 02/2712 Respectfully submitted, Heidi Luce Deputy City Clerk IRI LJ 1