5/14/2012MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, MAY 14, 2012
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Black 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, Lay, Pernell, Mayor Pro Tem Hill and Mayor Black.
Councilmembers Absent: None.
Others Present: Anton Dahlerbruch, City Manager.
Mike Jenkins, City Attorney.
Yolanta Schwartz, Planning Director.
Terry Shea, Finance Director.
Heidi Luce, Deputy City Clerk.
Dawn Harris, Allied Waste.
Richard Colyear, 35 Crest Road West.
Regena Cole, 8 Johns Canyon Road.
Dr. and Mrs. Carroll Bellis, 3 Quail Ridge Road South.
Dr. and Mrs. Arvel Witte, 5 Quail Ridge Road South.
CONSENT CALENDAR
A. Minutes - Regular Meeting of April 23, 2012.
RECOMMENDATION: Approve as presented.
B. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. City Council Finance/Budget Committee meeting notes of April 23, 2012.
RECOMMENDATION: Receive and file.
D. ORDINANCE NO. 328 - AN ORDINANCE AMENDING ROLLING HILLS
MUNICIPAL CODE ("RHMC") § 8.24.090 TO ALLOW THE CITY MANAGER TO
INITIATE NUISANCE ABATEMENT PROCEEDINGS AND PERMIT AWARD OF
ATTORNEY'S FEES AND COSTS TO THE PREVAILING PARTY IN AN ACTION
FOR NUISANCE ABATEMENT.
RECOMMENDATION: Second reading (waive full reading) and adoption.
E. City Council Regional Law Committee meeting notes of May 7, 2012
RECOMMENDATION: Receive and file.
Councilmember Heinsheimer moved that the City Council approve the consent calendar. Mayor Pro
Tem Hill seconded the motion, which carried without objection.
PRESENTATION
Presentation to Dr. Carroll Bellis on his 104`* Birthday
Mayor Black presented a Certificate of Commendation to Dr. Carroll Bellis in recognition of his 104th
birthday. Dr. Bellis thanked the City Council for the commendation and expressed his appreciation for
the honor.
Mayor Black stated that with the City Council's concurrence, Matters from Staff Items IOB, IOC and
10D will be taken out or order. Hearing no objection, he so ordered.
BUDGET PREPARATION DOCUMENTS
(1) 2011/2012 YEAR-END REVENUE AND EXPENDITURE PROJECTIONS
(2) 2011/2012 YEAR-END BUDGET ADJUSTMENT
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(3) 2012/2013 CPI ADJUSTMENT FOR BUDGET AND FOR SOLID WASTE COLLECTION
SERVICES
(4) FINANCE POLICIES
City Manager Dahlerbruch stated that presented for receive and file are the documents that were
reviewed by the Finance/Budget Committee at their meeting on April 23, 2012 to be used in preparation
of the 2012-2013 budget; as well a budget adjustment which is presented for approval. Finance Director
Shea reviewed the year-end revenue and expenditure projections and presented a proposed year-end
budget adjustment. He further reviewed the refuse haulers proposed CPI adjustment of 2.35%, as is
allowed in the franchise agreement, which equates to an approximate $24 annual increase in refuse rates.
Lastly, he reviewed the finance policies commented that there are no proposed changes to the policies.
Following brief discussion, Councilmember Lay moved that the City Council receive and file the
2011/2012 year-end revenue and expenditure projection report, and policies; and approve the fiscal year
2011/2012 year end budget adjustment and the fiscal year 2013/2012 CPI adjustment for budget and
solid waste collection services as presented. Councilmember Heinsheimer seconded the motion which
carried unanimously.
DISCUSSION OF FISCAL YEAR 2012/13 BUDGET PRIORITIES
City Manager Dahlerbruch reviewed the fiscal year 2012/2013 budget priorities for the City Council's
consideration and incorporation into the coming year's budget which include: updating the City's
Hazard Mitigation Plan; updating the City's Housing Element; preparation and implementation of a plan
for oversight and permitting of septic systems; continued funding to implement storm water
management requirements; a potential sewer in the vicinity of Chestnut Lane and Johns Canyon Road;
updating the City's view ordinance; emergency preparedness to include a disaster communication drill;
elections, including a potential second election; and landscaping around the City Hall campus area and
tennis courts. Following brief discussion, Councilmember Lay moved that the City Council receive and
file the fiscal year 2012/2013 budget priorities. Councilmember Heinsheimer seconded the motion
which carried unanimously.
QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING
MARCH 30, 2012.
Finance Director Shea reviewed the quarterly investment report for the quarter ending March 31, 2012.
He stated that total deposits are $4.8 million with a fair market value of approximately the same with
overall earnings of .43%. Councilmember Heinsheimer moved that the City Council receive and file
quarterly schedule of investments report for the quarter ending March 30, 2012. Councilmember Lay
seconded the motion which carried unanimously.
COMMISSION ITEMS
RESOLUTION NO. 2012-07 — A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW
FOR OUTDOOR AMENITIES AND REGRADING OF THE POOL AREA AND REMOVE A
5 -FOOT HIGH AND A 2 -FOOT HIGH RETAINING WALLS AND REPLACE WITH
TERRACED STAIRS ON A PROPERTY WHICH CONTAINS A CONDITION THAT ANY
FURTHER DEVELOPMENT BE REVIEWED BY THE PLANNING COMMISSION, IN
ZONING CASE NO. 814, AT 6 MEADOWLARK LANE, (LOT 2-RH), ROLLING HILLS,
(DUNLAP). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
Planning Director Schwartz presented Planning Commission Resolution No. 2012-07 granting approval
of the applicant's request in Zoning Case No. 814 at 6 Meadowlark Lane for the City Council's
consideration. She reviewed the applicant's request stating that the applicant is proposing to re -grade an
area that was previously graded and remove an existing wall to produce a more natural slope to the pool
area. Following brief discussion, Councilmember Lay moved that the City Council receive and file
Planning Commission Resolution No. 2012-07 granting approval of the applicant's request in Zoning
Case No. 814 at 6 Meadowlark Lane. Councilmember Heinsheimer seconded the motion which carried
without objection.
PUBLIC HEARINGS
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None.
OLD BUSINESS
None.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
NEW BUSINESS
ORDINANCE NO. 327 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS ADOPTING AMENDMENTS TO TITLE 17 (ZONING) AND TITLE 15
(BUILDING AND CONSTRUCTION) OF THE ROLLING HILLS MUNICIPAL CODE
PERTAINING TO VARIOUS PROCEDURAL MATTERS AND TO CLARIFY OTHER
MISCELLANEOUS PROVISIONS, IN ZONING CASE NO. 812, ZONING CODE
AMENDMENT NO. 2012-02. THE PROJECT HAS BEEN DETERMINED TO BE
CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA).
City Manager Dahlerbruch stated that Ordinance No. 327 was introduced for first reading at the last
meeting of the City Council and is presented tonight for re -introduction and first reading. Planning
Director Schwartz stated that proposed ordinance clarifies provisions in the existing zoning ordinance
relative to appeals and several procedural matters; and further clarifies some definitions relative to story,
second -story and habitable space. She stated that at the City Council's direction, based on the public
comments during the previous public hearing on this ordinance, staff reviewed the ordinance to ensure
that is could not be construed that a two-story home would be allowed or that a second -story on a barn
could be used as habitable space. She stated that upon that staff and the City Attorney's review, items 2,
3, 4, 5, 7 and 15 have been revised to ensure that there is no confusion regarding habitable space. She
further stated that the staff report provides responses to the other comments made at the public hearing.
Following a call for public comment to which there was no response and brief discussion,
Councilmember Lay moved that the City Council re -introduce Ordinance No. 327 and waive full
reading of the Ordinance. Councilmember Heinsheimer seconded the motion which carried without
objection. Second reading and adoption was scheduled for the next regular meeting of the City Council.
APPLICATION FOR SEWER LINE EXTENSION: CONSIDERATION OF A PROPOSED
SANITARY SEWER LINE ALONG CHESTNUT LANE
Councilmember Heinsheimer recused himself from consideration of this item due to the proximity of his
property to the proposed sewer line extension in the application and took a seat in the audience. Mayor
Black introduced the item for consideration and asked for staff's comments. City Manager Dahlerbruch
reviewed the applicant's request as well as the history of previous discussions relative to a sewer line
extension in the vicinity of Johns Canyon Road and Chestnut Lane. He reviewed a map showing a
potential sewer shed that was prepared in 2010 when a resident funded sewer feasibility study was
conducted. In response to Councilmember Pernell's questions as to how many residences would be
served by the sewer shed, he responded approximately 30 currently unserved properties could be served.
He further commented that there are currently 8 properties served by the existing sewer line on
Chestnut. City Manager Dahlerbruch further reviewed the three alternatives presented in the 2010 study
and commented that at the time, there was not unanimous support in funding the project.
City Manager Dahlerbruch then reviewed the current proposal for a sewer line extension being presented
by the property owners at 35 Crest Road West, 8 Johns Canyon Road and 2 Johns Canyon Road which
requires a property line adjustment. He stated that if the City Council is supportive of the applicant's
request, the applicant would make a request for approval before the Planning Commission, and upon
their approval, the request would then bepresented to the City Council for consideration.
He then reviewed the options before City Council for consideration which include: approve the
applicant's request as presented; deny the request because it does not serve the public interest; ask the
applicant to consider a revised path along Johns Canyon instead of Chestnut so that in the future
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additional properties can connect; ask the property owners along Johns Canyon to create a
reimbursement district and/or improvement district; or continue the discussion for further consideration.
In response to Councilmember Pernell's inquiry as to if it would be helpful to hear staff/s comments
pertaining to Item 10A. regarding Upcoming Septic Regulations, prior to discussing this item, City
Manager Dahlerbruch stated new regulations are likely coming forward regarding Onsite Wastewater
Treatment Systems which will be much more strict and require more oversight, permitting and
approvals, making it much more difficult to have septic systems.
Mayor Black then called for public comment.
Richard Colyear, 35 Crest Road West addressed the City Council on behalf of himself and Regena Cole
(8 Johns Canyon Road). He stated the both he and Mrs. Cole have not had any problems with their
current septic systems and have come up with a plan that meets their needs given that other residents in
the area, due to cost considerations, don't seem likely to participate in a larger extension of the sewer
line. He stated that he and Mrs. Cole are willing to spend the money to implement the plan they
submitted which will increase the properties in the City that are hooked up to a sewer from 8 to 11. He
stated that it is the City Council's choice to turn them down, they will not voluntarily join any other
district and will live with what they have currently.
In response to Mayor Black's question if the cost were equivalent, why would they not be willing to
participate in a different district, Mr. Colyear stated that the cost won't be equivalent. Mr. Colyear
further commented that that the parcels at 1 and 5 Chestnut are prohibited from hooking up to the
current sewer line on Chestnut, but would be able to hook up to his proposed extension if it were
approved.
Discussion ensued concerning the proposed per linear foot cost for a sewer line extension and the option
to make the extension along Johns Canyon instead of along Chestnut. Mr. Colyear commented that if the
extension were made along Johns Canyon instead, the two properties at 1 and 5 Chestnut would be cut
off from being able to connect. Further discussion ensued concerning the various options for extending
the sewer line and the options for being able to connect to the sewer line segment at 0 Chestnut Lane.
Councilmember Hill asked Councilmember Heinsheimer, as a resident, if he feels a forum to bring the
parties together would be helpful in moving a sewer line extension forward. Councilmember
Heinsheimer commented that a forum could be convened again to discuss this topic and to educate the
new owners to determine if there is interest in moving forward. Further discussion ensued concerning
relative costs.
Following discussion, the members of the City Council scheduled a field trip to further consider the
applicant's request and directed staff to research the issue regarding connecting to the 0 Chestnut Lane
sewer line. The field trip was scheduled for Wednesday, May 23, 2012 at Johns Canyon Road and
Chestnut Lane beginning at 8:30 a.m.
Councilmember Heinsheimer returned to the dais.
CITY COUNCIL REPORTS AND MEETING ATTENDANCE REPORTS
UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT
COMMITTEE MEETING (ORAL).
Councilmember Pernell provided an update on the discussions at the Palos Verdes Peninsula Regional
Law Committee meeting held on May 10, 2012. He stated that the new Captain, Blaine Bolin was
introduced and the Committee discussed 2012/2013 cost allocation formula as well as the CORE Deputy
Program and the Student and the Law program and Rolling Hills Estates' desire to reduce their traffic
enforcement. He further commented that McCormick ambulance response times this quarter were higher
than usual.
Councilmember Pernell asked for an update on the status of the issue raised by residents concerning
people using the trails in Land Conservancy. City Manager Dahlerburch stated that staff has shared the
concern raised by the residents with the Rolling Hills Community Association to address this issue as
they are taking the lead in this matter.
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MATTERS FROM STAFF
NEW STATEWIDE ONSITE WASTEWATER TREATMENT SYSTEM (SEPTIC)
REGULATIONS
This matter was briefly discussed during a previous item. The report was received and filed.
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)
Howard H. Hall, an individual, as Trustee of the Howard H. Hall Living Trust v. City of Rolling
Hills, Oksana R. Bihun, Los Angeles County Superior Court Case No. BS 136694.
G.C. 54956.9(a)
Howard H. Hall, an individual, as Trustee of the Howard H. Hall Living Trust v. Oksana R.
Bihun, City of Rolling Hills, et al., Los Angeles County Superior Court Case No. BC482607.
No closed session was held.
1 I J:►ul ►
Hearing no further business before the City Council, Mayor Black adjourned the meeting at 9:15 p.m. to
an adjourned regular meeting of the City Council on Wednesday, May 23, 2012 at 8:30 a.m. for the
purpose of conducting a field trip to Johns Canyon Road/Chestnut Lane. The next regular meeting of
the City Council is scheduled to be held on Monday, June 11, 2012 beginning at 7:30 p.m. in the City
Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
Respectfully submitted,
V��djjv)
Heidi Luce
Deputy City Clerk
Appr ,
James Bifick, M.D.
Mayor
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