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3/12/2012MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, MARCH 12, 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. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, Deputy City Clerk. Howard Hall, 7 Portuguese Bend Road (48 Saddleback Road). Oksana Bihun, 49 Saddleback Road. Fenton Taylor, 49 Saddleback Road. Bea Dieringer, 7 Buggy Whip Drive. Daniel Nguyen, 5 Buggy Whip Drive. 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 February 27, 2012; and (2) Regular Meeting of February 27, 2012. RECOMMENDATION: Approve as presented. B. Consideration of the dates of May 5 (greenwaste) and May 12 (bulky items) for the 2012 Annual Spring Clean-up as proposed in the correspondence from Allied Waste. RECOMMENDATION: 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. CITY COUNCIL REORGANIZATION Mayor Lay nominated Mayor Pro Tem Black to serve 'as Mayor for the 2012-2013 term. Councilmember Heinsheimer seconded the nomination, which carried without objection. Mayor Black then nominated Councilmember Hill to serve as Mayor Pro Tem for the 2012-2013 term. Councilmember Lay seconded the motion which carried without objection. PRESENTATION TO MAYOR LAY IN RECOGNITION OF OUTSTANDING SERVICE DURING HIS 2011-2012 TERM AS MAYOR Mayor Black recognized the outgoing Mayor for his contributions to the City over the past year and presented him with a plaque thanking him for his service as Mayor during the 2011-2012 term. COMMENTS FROM 2011-2012 MAYOR Outgoing Mayor Allen Lay commented on the previous year's activities and accomplishments and thanked the City Council and staff. Minutes City Council Meeting 03/12/12 -1- COMMENTS FROM 2012-2013 MAYOR Mayor Black stated that he is looking forward to working with the City Council and staff in the coming year. Mayor Black then announced that the City Council is also celebrating a very momentous occasion this evening, Councilmember Pernell's 90`h birthday. The City Council joined in wishing him a very happy birthday. Recess for Reception At 7:40 p.m. the meeting was recessed for a reception. The meeting was reconvened at 7:50 p.m. PUBLIC HEARING (CONTINUED) 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 Black introduced the continued public hearing regarding an appeal of a decision of the Committee on Trees and Views and asked staff to present the staff report. City Manager Dahlerbruch reviewed the previous actions related to this case stating that subsequent to failed mediation, the Committee on Trees and Views heard the case and approved a Resolution providing for the removal of 5 of the 8 trees identified; for 3 trees to be left as is; and allocating a sum $2,000 to the tree owner for removal of the stumps and/or replacement trees. He stated that subsequent to adoption of the Resolution, the tree owner appealed the Committee's decision to City Council and at a meeting prior to this one, the City Council conducted a field trip to both properties and heard from both parties concerning the appeal. He stated that during the previous public hearing, an error in the identification of the trees was realized and subsequently corrected; but in deference to the appealing party, the Public Hearing was continued to give the parties an opportunity to resolve the matter independently. Given that the parties were not able to resolve the matter, the case is back before the City Council for consideration. He stated that the options before the City Council are to direct staff to prepare a new Resolution based on City Council direction and bring in back for approval; to adopt the same Resolution as was adopted by the Committee on Trees and Views which is available for review; or to read any changes to that Resolution into the record for adoption this evening. He stated that for clarification purposes, item 8G was added to state, that the hedges along Saddleback be maintained so as not to block the complainants view. He stated that two additional correspondence were received subsequent to preparation of staff report and were included in the meeting packet as well as one additional correspondence was received late today from Mr. Hall and has been placed on the dais. He stated that the most recent correspondence contends that there was a flaw in the notification process in that there was not proper notification to the trustee of the property. Mayor Black then called for public comment. Oksana Bihun, 49 Saddleback Road addressed the City Council requesting that the City Council adopt the Resolution as was adopted by the Committee on Trees and Views and that trimming of Trees 5, 6 and 7 be included in the Resolution. Howard Hall, property owner of 48 Saddleback Road, addressed the City Council stating that he delivered a letter dated March 8t' as well as a letter delivered today stating in essence that a mistake has been made in the designation of the owner of the property. He stated that he is not the property owner, and hasn't been since May 26, 2010 when the property was transferred to a living trust. He further stated that the trust was not notified of these proceedings and neither were the current tenants of the property. He suggested that the City Council should either dismiss the complaint on the grounds it has no legal basis or refer it back to mediation. Councilmember Lay asked Mr. Hall who serves as the trustee of the trust? Mr. Hall responded that he is the trustee. Following public comment Mayor Black closed the public hearing. Councilmember Pernell commented that at the previous meeting, the City Council was prepared to adopt the Resolution as prepared by the Committee on Trees and Views, but in deference to Mr. Hall's comments the parties were given another opportunity to come to some conclusion amongst themselves, Minutes City Council Meeting 03/12/12 -2- but that has failed and now Mr. Hall is coming before the City Council with another argument. He then asked for the City Attorney's opinion on Mr. Halls' comments. City Attorney Jenkins stated that the resolution pertains to the condition of the property and directs the property owner to take certain actions. He stated that in this instance, Mr. Hall is the trustee of the trust he created in 2010 and as such, if he thought there was a legal defect in the notification, he was duty bound when this proceeding began to notify the City. He stated that Mr. Hall, as the responsible individual for the property was notified of these proceedings and giving notice to the trust as Mr. Hall suggests, would be the equivalent of giving notice to Mr. Hall, which was done. Councilmember Lay asked, with the City Council's concurrence that staff distribute the resolution as prepared. Following brief discussion, Councilmember Lay moved that the City Council adopt Resolution No. 1118 setting forth the same restorative action as called for in the Committee on Trees & Views Resolution with an additional Item G8 requiring that the hedges along Saddleback be maintained at the current height so as not to block the complainants view. Councilmember Pernell seconded the motion. Following brief discussion, Mayor Black moved that the motion be amended in Item G6 that trees number 5, 6 and 7 be removed. Councilmember Heinsheimer seconded the motion. Following discussion regarding the amendment to the original motion, the Mayor called for a roll call vote and the motion failed. Councilmember Heinsheimer then moved that the motion be amended in Item G6 to say "trees number 5, 6, and 7 are not required to be removed or trimmed but shall be, hereafter maintained no higher than on the date of this Resolution." The motion for amendment carried with Councilmember Pernell and Mayor Black in opposition to the amendment. Following brief discussion, the original motion to adopt Resolution No. 1118 setting forth the same restorative action as called for in the Committee on Trees & Views Resolution with an additional Item G8 requiring that the hedges along Saddleback be maintained at the current height so as not to, block the complainants view and as amended in Item G6 to say "trees number 5, 6, and 7 are not required to be removed or trimmed but shall be, hereafter maintained no higher than on the date of this Resolution" carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Lay, Pernell, Mayor Pro Tem Hill and Mayor Black. NOES: None. ABSENT: None. ABSTAIN: None. COMMISSION ITEMS RESOLUTION NO. 2012-02. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR AN ADDITION TO AN EXISTING RESIDENCE ON A PROPERTY WITH A CONDITION THAT ANY FURTHER DEVELOPMENT BE REVIEWED BY THE PLANNING COMMISSION AND VARIANCE TO CONSTRUCT A SWIMMING POOL, TRELLIS, AND OUTDOOR KITCHEN IN THE FRONT YARD AREA OF THE PROPERTY AND TO EXCEED THE DISTURBED NET LOT AREA OF THE LOT, AT 0 CHESTNUT LANE, (LOT 241 -A -1 -MS), (TAKAHASHI). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Black introduced Resolution No. 2012-02 granting approval of the applicant's request in Zoning Case No. 810 at 0 Chestnut Lane for consideration and asked staff to present the staff report. Planning Director Schwartz reviewed the history of the property as well as the applicant's current request and stated that the Planning Commission approved this request on a 5-0 vote. Mayor Black called for public comment. Hearing none, he asked for comments from the City Council. Councilmember Lay moved that the City Council receive and file Planning Commission Resolution No. 2012-02 approving the applicant's request in Zoning Case No. 810 at 0 Chestnut Lane as presented. Mayor Pro Tem Hill seconded the motion, which carried without objection. PUBLIC HEARING (NEW) None. Minutes City Council Meeting 03/12/12 -3- OLD BUSINESS RESOLUTION NO. 1117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF WALLS AND STABLE; CONDITIONAL USE PERMIT FOR A STABLE WITH CORRAL AND VARIANCES FOR 5' HIGH RETAINING WALLS, ONE OF WHICH WOULD ENCROACH INTO THE SOUTH SIDE SETBACK, AND TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE, IN ZONING CASE NO. 807, 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). Mayor Black and Councilmember Heinsheimer recused themselves from consideration of this case due to the proximity of their property to the subject property and left the dais. Mayor Pro Tem Hill introduced the item and asked for staff's comments. Planning Director Schwartz stated that at the City Council's direction, Resolution No. 1117 granting approval of the applicant's request for retaining walls and to construct a stable in Zoning Case No. 807 at 5 Buggy Whip Drive is presented for consideration. She reviewed the applicant's request and stated that since the last meeting, the applicant has withdrawn their request for Conditional Use Permit to construct a guesthouse on the same pad as the stable. She stated that Mrs. Dieringer has submitted a letter expressing her opinion that the Resolution is inadequate in that it does not expressly disapprove the guesthouse and requesting that the title of the Resolution be changed to expressly state the denial. Bea Dieringer, 7 Buggy Whip Drive addressed the City Council stating that she feels the Resolution should specifically reflect the City Council's action in disapproving the guesthouse in the proposed location. Dan Nguyen, 5 Buggy Whip Drive addressed the City Council stating that they appreciate the City Council's action in this case and that they withdrew their request for the guesthouse in deference to their neighbor but they do not feel that they should be prevented in the future from pursuing their request for a guesthouse. Councilmember Lay asked for a response from the City Attorney in reference to Mrs. Dieringer's comments. City Attorney Jenkins stated that it would not be accurate or lawful for the City Council to place such conditions and statements as requested by Mrs. Dieringer in the Resolution. He stated that final action was not taken at the last meeting, but rather direction was given for staff to prepare a Resolution calling for the final action and subsequent to that direction, the applicant withdrew their request for the guesthouse which is permitted because final action had not yet taken place. He stated that the Resolution as presented, accurately reflects the fact that the request for the guesthouse was withdrawn and is no longer before the City Council so it would not be correct to include a denial of the guesthouse in the Resolution because it is no longer part of the application. Secondly, he commented that the City Council's collective feeling about the location of the guesthouse is a matter of public record, but a condition cannot be imposed that would prevent a future City Council from taking another action. Councilmember Lay commented that the reason for the City Council's feeling that the guesthouse should not be approved as requested was not because it impinged on the neighbor or their privacy, but rather it created too much development on the property and therefore, in the area proposed, it did not seem appropriate. Following brief discussion, Councilmember Lay moved that the City Council adopt Resolution No. 1117 approving the applicant's request for retaining walls and to construct a stable in Zoning Case No. 807 at 5 Buggy Whip Drive as presented. Councilmember Pernell seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Lay, Pernell and Mayor Pro Tem Hill. NOES: None. ABSENT: Councilmember Heinsheimer and Mayor Black (recused). ABSTAIN: None. Mayor Black and Councilmember Heinsheimer returned to the dais. Minutes City Council Meeting 03/12/12 -4- 1 1 1 NEW BUSINESS None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Lay commented that he feels that the City Council should provide direction to the Planning Commission regarding the view ordinance to clarify whether the intention is to provide panoramic views or view corridors. Following discussion, the City Council directed staff to schedule a joint meeting of the City Council and Planning Commission to discuss the View Ordinance and landscape plan requirements for a Wednesday in early May if possible. MATTERS FROM STAFF None. 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 Black adjourned the meeting at 8:45 p.m. in memory of long time residents, Or. James Roberts, Jr. and Ray Perrault. The next regular meeting of the City Council is scheduled to be held on Monday, March 26, 2012 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Appro , James Bla D. Mayor Minutes City Council Meeting 03/12/12 Respectfully submitted, Heidi Luce Deputy City Clerk Irbil