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6/25/20121 J MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, JUNE 25, 2012 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pro Tem Hill 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 and Mayor Pro Tem Hill. Councilmembers Absent: Mayor Black (excused). Others Present: Anton Dahlerbruch, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, Deputy City Clerk. Richard Henke, Planning Commissioner. Richard Colyear, 35 Crest Road West. Bea Dieringer, 7 Buggy Whip Drive. CONSENT CALENDAR A. Minutes -Regular Meeting of June 11, 2012. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of May, 2012. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for April and May, 2012. RECOMMENDATION: Receive and file. E. Proposed offer for exchange of Proposition A funds and Measure R and Transportation Development Act (TDA) funds. RECOMMENDATION: Receive and file. gifting of Proposition C, Councilmember Heinsheimer moved that the City Council approve the consent calendar. Councilmember Lay seconded the motion, which carried without objection. COMMISSION ITEMS RESOLUTION NO. 2012-10 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO CONSTRUCT A 242 SQUARE FOOT ATTACHED TRELLIS, OF WHICH 72 SQUARE FEET WOULD ENCROACH INTO THE FRONT YARD SETBACK AT 24 CABALLEROS ROAD IN ZONING CASE NO. 818, (LOT 10 -SK), (JENKINS). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Councilmember Lay recused himself from consideration of this item due to the proximity of his property to the subject property and left the dais. Mayor Pro Tem Hill introduced the item for consideration and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request in Zoning Case No. 818 at 24 Caballeors Road stating that the Planning Commission approved the applicant's request on a 5-0 vote. Following staff's presentation, Councilmember Heinsheimer moved that the City Council receive and file Planning Commission Resolution No. 2012-10 granting approval of the applicant's request in Zoning Case No. 818 at 24 Caballeros Road. Councilmember Pernell seconded the motion which carried without objection. Councilmember Lay returned to the dais. Minutes City Council Meeting 06/25/12 -1- PUBLIC HEARINGS None. OLD BUSINESS PROPOSED SANITARY SEWER CONNECTION IN VICINITY OF CHESTNUT LANE AND JOHNS CANYON ROAD AND CONSIDERATION OF: RESOLUTION NO. 1122 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING THE CONSTRUCTION OF A SEWER MAIN LINE EXTENSION ALONG JOHNS CANYON ROAD. Councilmember Heinsheimer recused himself from consideration of this item due to the proximity of his property to the proposed sewer mainline extension. He left the dais and took a seat in the audience. Mayor Pro Tem Hill introduced the item for consideration and asked for staff's comments. City Manager Dahlerbruch reviewed City Council's consideration of this case and actions thus far stating that at its last meeting, the City Council directed staff to prepare a Resolution authorizing construction of a sewer main line extension of not less than 60 ft. along Johns Canyon Road per the applicants' proposal. He stated that the property owners at 2 Johns Canyon Road, 35 Crest Road West and 8 Johns Canyon Road were informed that this Resolution is being considered. He stated that no opposition was voiced but the owner of 2 Johns Canyon Road/35 Crest Road West asked that the resolution say approximately 60 ft. instead of no less than 60 ft. City Manager Dahlerbruch commented that the requested change is presented for the City Council's consideration but was not included in the Resolution of Approval. He then stated that, consistent with the comments in the original staff report, one addition was made to the Resolution to indicate that the approval will expire in one year if the project is not complete. He further stated, in response to a concern raised by Councilmember Pernell, that the City Council may wish to add language to the resolution that would specify that the requirements of the Building and Construction Code, the Zoning Ordinance must be complied with. The following language was presented for consideration by the City Council: "Section 7. All requirements of the Building and Construction Code, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this approval, or shown otherwise on an approved plan." Lastly, he commented that a notice was sent to the residents along Johns Canyon Road between Chestnut Lane and Crest Road West inviting them to participate in a discussion of the options available for constructing a future sewer extension. In response to Mayor Pro Tem Hill City Attorney Jenkins stated that he did not have an objection to the addition of language that would specify that the requirements of the Building and Construction Code, the Zoning Ordinance must be complied with but commented that he would suggest changing the wording regarding the expiration to state that the project should commence within one year rather than be completed in one year and suggested that language be added to define "commence." Following discussion, the City Council concurred that the following language should replace the language in Section 6 regarding expiration: "Should the project not be commenced within the specified time frame, this authorization shall become null and void. For the purposes of this section, commencement shall mean that a building permit has been issued and has not been permitted to expire." Following discussion, Councilmember Lay moved that the City Council adopt Resolution No. 1122 as amended above in Section 6 and with the addition of Section 7, authorizing construction of a sewer mainline extension along Johns Canyon Road. Councilmember Pernell seconded the motion. Mayor Pro Tem Hill called for public comment Richard Colyear, 35 Crest Road West/2 Johns Canyon Road addressed the City Council stating that he doesn't see why there would be concern that they would open a trench to extend a sewer line and proceed to leave that trench open. In response, Mayor Pro Tem Hill commented that the City Council would like to see the project proceed in a timely fashion. Mr. Colyear stated that he doesn't see why there would be a concern that they would begin the project and not complete it. City Attorney Jenkins clarified that Section 6 was modified to make it a little bit more generous. He stated that the concern was that as it was originally written it stated that should the project not be Minutes City Council Meeting 06/25/12 -2- completed within a year, this authorization would be null and void. He further stated that he raised the concern that if the project was started and halfway completed when the one-year anniversary arrived, then the approval would be null and void. He stated the language was changed to say that should the project not be commenced within a year; that way it is easier to satisfy the timeframe in the Resolution. Following public comment and brief discussion, Councilmember Lay called the question. The motion carried by the following roll call vote: AYES: Councilmembers Lay, Pernell and Mayor Pro Tem Hill. NOES: None. ABSENT: Councilmember Heinsheimer (recused) and Mayor Black (excused). ABSTAIN: None. City Manager Dahlerbruch commented that the next step will be for the applicant to request a Lot Line Adjustment before the Planning Commission. Councilmember Heinsheimer returned to the dais. NEW BUSINESS CONSIDERATION OF CERTIFICATE OF SUFFICIENCY OF VIEW PRESERVATION INITIATIVE PETITION. Mayor Pro Tem Hill introduced the item for consideration and asked for staff's comments. City Manager Dahlerbruch stated that on May 14, a petition was submitted to the City requesting a special election on an initiative pertaining to view and the petition was submitted to the Los Angele County Registrar -Recorder for signature review. He stated that on June 11 the petition was found sufficient as noted in the Certificate of Sufficiency with 210 valid signatures. He commented that 217 signatures were required to qualify the initiative for a Special Election and as such, the initiative qualifies for the next Regular Election in March 2013. He further commented that in the time since the original petition was filed, the proponent has asked the City to consider new, additional signatures and also asked the City to reconsider the disqualified signatures. He stated that neither can be done and the City Attorney can address this issue. City Manager Dahlerbruch stated that in accordance with State Elections Code, the Certificate of Sufficiency is presented for the City Council's consideration with the options for action being to adopt the initiative, unaltered; direct that it be placed on the next Regular Election ballot in March 2013 or direct staff to prepare a report which would be presented in 30 days at which time the City Council's options would be to adopt the initiative, unaltered or direct it to be placed on the ballot for the next Regular Municipal Election in March 2013. Following staff's presentation, Mayor Pro Tem Hill called for public comment. Richard Colyear, 35 Crest Road West/2 Johns Canyon Road addressed the City Council stating that a week ago, he submitted to the Elections Official affidavits of voters in the City whose signatures were disallowed asking that the signatures be allowed. He reviewed the affidavits as submitted explaining why he feels they should be accepted along with the additional signatures he submitted for consideration. Bea Dieringer, 7 Buggy Whip Drive addressed the City Council to suggest that the City Council consider the proponents request and call a Special Election. She stated that she feels it is within the City Council's discretion to call Special Election rather than hold this for the City's next regular election. City Attorney Jenkins stated that once a proponent of an initiative petition submits the petition the door closes and the petition is final and only those signatures submitted may be counted — signatures submitted after the fact can not be counted. He further stated that Elections Code is very clear that the signature, printed name and address must be by the same hand and the Code requires that a person who, is disabled as defined in the Elections Code, may have someone else sign pursuant to a specific procedure set out in the Elections Code and that procedure was not followed in the case of the persons' who are asserting to have physical disabilities that prevent them from being able to write their name and address. He further commented that Elections Code does not allow for affidavits to be submitted after the door has closed to resuscitate or rehabilitate signatures that were otherwise disqualified. He stated that even if the two signatures of persons who now purport to have a disability were accepted, the petition would still lack sufficient signatures to qualify for a Special Election. He further noted that the Minutes City Council Meeting 06/25/12 -3- petition has qualified for a regular municipal election and will be put before the voters, so it is not as though the petition has been disqualified it is simply a question of whether the initiative goes before the voters in the latter part of 2012 or the early part of 2613. He then reviewed the options available before the City Council. Discussion ensued concerning what could be included in a report, including the option for a legal analysis, should the City Council direct staff to prepare a report and the timing for such a report. If requested prior to action, City Attorney Jenkins commented that the report would be submitted to the City Council on July 23, 2012. Following discussion, Councilmember Lay moved that the City Council submit the ordinance to the voters at the City's next regular election scheduled for March 5, 2013 and direct staff to prepare an analysis of the Ordinance. Councilmember Heinsheimer seconded the motion which carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Lay, Pernell and Mayor Pro Tem Hill. NOES: None. ABSENT: Mayor Black (excused). ABSTAIN: None. Staff was further directed to schedule a discussion before the Planning Commission relative to amending the City's current View Ordinance. Councilmember Lay commented that he read the letter that Mr. Colyear sent pertaining to the number of signatures submitted and City Manager Dahlerbruch's response and he feels that Mr. Colyear's letter could use some review and perhaps some adjustment because it accuses the City Manager of not submitting the right number or signatures and he feels that is inappropriate and that the City Manager does an excellent job and should be commended for how he handled the issue. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Richard Colyear, 35 Crest Road West addressed the City Council to suggest that the City Council review the file containing the tally of the number of signatures and form their own opinion as to the number of signatures that were submitted - implying that all of the signatures submitted were not forwarded to the County for verification. Mr. Colyear further commented regarding the lots that were created as a result of the Poppy Trail remediation project, that the City has a financial interest in the outcome of what is about to happen there. He stated that the current view ordinance would allow the trees on Mrs. Davidson's property to be removed to create a view for the new lots. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS None. 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. 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. Minutes City Council Meeting 06/25/12 10 1 1 r— ADJOURNMENT Hearing no further business before the City Council, Mayor Pro Tem Hill adjourned the meeting at 8:30 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, July 9, 2012 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, James B Mayor Minutes City Council Meeting 06/25/12 Respectfully submitted, Heidi Luce Deputy City Clerk -5-