Loading...
9/24/20121 1 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, SEPTEMBER 24, 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: Councilmembers Absent: Others Present: CONSENT CALENDAR Heinsheimer, Lay, Mayor Pro Tem Hill and Mayor Black. Pernell (excused). Anton Dahlerbruch, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, Deputy City Clerk. Tina Greenberg, 32 Portuguese Bend Road. Harold Light, Attorney (for Greenberg). Curtis and Pamela Reis, 1 Wagon Lane. Captain Blaine Bolin, Lomita Sheriff's Station. Deputy Reece Souza, Lomita Sheriff's Station (CORE Deputy). William Hassoldt, 10 Pine Tree Lane. Judith Hassoldt, 10 Pine Tree Lane. Bea Dieringer, 7 Buggy Whip Drive. Jennifer Ise, Palos Verdes Tree Society. Kat Spydell, Palos Verdes Tree Society. Donna Tarn, Palos Verdes Tree Society. Oksana Bihun, 49 Saddleback Road. A. Minutes - (1) Regular Meeting of August 27, 2012; and (2) Regular Meeting of September 10, 2012. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of August, 2012. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for August, 2012. RECOMMENDATION: Receive and file. E. City ofRolling Hills Report of Public Official Appointments (California Fair Political Practices Commission Form 806). RECOMMENDATION: Approve as presented. City Manager Dahlerbruch commented that the draft minutes were revised to correct some typographical errors and the revised minutes have been made available to the public and placed on the dais for consideration under the consent calendar. Councilmember Heinsheimer moved that the City Council approve the items on the consent calendar including the minutes as corrected. Mayor Pro Tem Hill seconded the motion, which carried without objection. Minutes City Council Meeting 09/24/12 -1- COMMISSION ITEMS RESOLUTION NO. 2012-15 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE WITH GARAGE AND SWIMMING POOL AND GRANTING VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT AND TO LOCATE THE SWIMMING POOL AND THE FUTURE STABLE AND CORRAL SET ASIDE AREA IN THE FRONT YARD OF THE LOT IN ZONING CASE NO. 815, AT 5 JOHNS CANYON ROAD (LOT 173 -A -MS), (MUNCHERIAN). PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND CONSIDERATION OF A NEW TEMPORARY DRIVEWAY APPROACH AT 5 JOHNS CANYON ROAD. Councilmember Heinsheimer recused himself from consideration of this item due to the proximity of his property to the subject property and left the dais. Mayor Black introduced the item for consideration and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request for a new residence and new temporary driveway approach at 5 Johns Canyon Road. She reviewed the Planning and Traffic Commission's actions on the items stating that the Planning Commission, after consideration at several public hearings and modification to the original request to address neighbor's concerns, adopted Resolution 2012-15 granting approval of the applicant's request and that the Traffic Commission recommends approval of the temporary driveway approach. Following brief discussion and clarification on the height of the ridgeline of the house, Councilmember Lay moved that the City Council receive and file Planning Commission Resolution No. 2012-15 granting approval of the applicant's request in Zoning Case No. 815 at 5 Johns Canyon Road. Mayor Pro Tem Hill seconded the motion which carried without objection. Councilmember Heinsheimer returned to the dais. PUBLIC HEARINGS CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PUBLIC HEARING RESOLUTION NO. 1126 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA ESTABLISHING A RESERVE ACCOUNT WITHIN THE GENERAL FUND FOR THE CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PROGRAM AND MAKING APPROPRIATIONS THEREFROM. Mayor Black introduced the item. City Manager Dahlerbruch reviewed the staff report stating that this is a Public Hearing to consider how to allocate the City's allotment of COPS Program funds. The Resolution proposes that the funds be used for Community Resource Deputies; and supplemental traffic and patrol services. Mayor Black opened the public hearing and called for public comment. Hearing none, he closed the Public Hearing. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 1126 establishing a reserve account within the General Fund for the COPS Program and making appropriations therefrom. Councilmember Lay seconded the motion which carried without objection. CONSIDERATION OF AN APPEAL BY MRS. TINA GREENBERG OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2012-03-CTV SETTING FORTH FINDINGS RELATING TO REMOVAL, LACING AND OTHER RESTORATIVE ACTIONS OF TREES AT 32 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT FROM 1 WAGON LANE. AT THE MEETING THE CITY COUNCIL MAY CONSIDER ADOPTION OF A RESOLUTION SETTING FORTH RESTORATIVE ACTIONS DUE TO THE VIEW IlVIPAIREMENT. Mayor Black introduced the item and asked for staff's comments. City Manager Dahlerbruch stated that this is a newly advertised Public Hearing to consider Mrs. Greenberg's appeal of Committee on Trees and Views Resolution 2012-3-CTV. Following staff's presentation, it is suggested that the City Council direct questions to staff and when taking public testimony, that testimony be focused on the new information provided. In follow up to the August 27`h meeting of the City Council, staff has prepared a draft resolution which incorporates the City Council's direction at that meeting. The draft Resolution incorporates a view of the city lights and mountains to the east of the Wagon Lane Driveway, specifically referencing trees 104, 105, 106 and 107 and limits the height of new planting of new planting within that view corridor. The draft Resolution does not assign a cost of the ongoing Minutes City Council Meeting 09/24/12 -2- maintenance to the complainant nor does it obligate the complainant to pay for replacement landscaping. City Manager Dahlerbruch further commented that staff did not retain an engineer to evaluate the Santa Monica Bay view because the cost proposals were higher than anticipated. Staff did however provide images from Google Earth which identify options for corridor views of the Santa Monica Bay. Upon review of the material and after public comment, the City Council may adopt the Resolution as presented; it may modify the Resolution to address the Santa Monica Bay view and/or modify the provisions pertaining to the city lights and mountain view; or it may direct staff .to obtain additional information and return with a modified Resolution for consideration. Planning Director Schwartz reviewed the requirements of this case pertaining to the California Environmental Quality Act. Based on the City Council's direction at the August 27`h meeting which focused on the city lights and mountain view staff proposes to amend one of the Mitigation Measures in the Amended Mitigated Negative Declaration (MND) to reflect an equal or more effective measure given that the City Council's proposed action will have a lesser environmental impact than the Committee on Trees and Views' Resolution. The draft Resolution contains a second Amended MND for consideration based on fewer trees being impacted. Should further action be taken than what is in the proposed Resolution, the City Council could either adopt the second Amended MND or depending on the scope of the further action the City Council could adopt the Amended MND that was adopted by the Committee on Trees and Views. Mayor Black asked for time to review the letters that were placed on the dais. City Attorney Jenkins commented that the correspondence was placed on the dais as requested, but it is not part of the record. It is correspondence between the two parties, the Reis' and Mrs. Greenberg, that occurred after the last meeting outside of the Public Hearing and do not have probative value with reference to the action that is before the City Council. The City Council took a brief recess to review the letters. Mayor Black called the meeting back to order noting that the City Council had previously received the letters provided. Mayor Black then called for public comment. Harold Light, Attorney addressed the City Council on behalf of Mrs. Greenberg commenting that since he did not see reference to the letters in the staff report he wanted to ensure that the City Council saw the letters. He further commented that he feels that there is a good chance the matter could be resolved if the parties were to participate in a mediation with a legally trained individual like a lawyer or judge but that the Reis' are not willing to participate. He suggested that the City Council consider continuing the matter and strongly suggest that the parties participate in a mediation with Counsel and make an effort to resolve this matter and address the legal issues. Regarding the draft Resolution, Mr. Light commented that he and his client appreciate that some of the trees along Wagon Lane and Portuguese Bend Road were withdrawn but he feels that the Resolution goes beyond what is necessary to create a view and that it increases the burdens on Mrs. Greenberg with regard to tree maintenance and replacement. Mr. Light further expressed concern that the Resolution calls for crown reduction of trees 104, 105, 106 and 107. He commented that those trees are very important trees to Mrs. Greenberg and according to Walter Warriner, have a value of $131,100; and since trimming them would only provide a small slot of view, it doesn't seem to balance the interest of all parties. He further expressed concern regarding the language in Section 7 which provides that the City Manager or his designee would determine if the trimming is in compliance with the requirement of the restorative action and suggested that the trees be marked as to where they are to be trimmed. Regarding the ongoing maintenance and replacement of trees, Mr. Light further expressed concern that the maintenance cost was assigned to Mrs. Greenberg and that the provision that the Reis' pay to replace trees that die as a result of trimming was removed from the Resolution. He further expressed concern regarding Section 3A which provides that the Owner of 32 Portuguese Bend Road would be responsible for cost associated with the Mitigation Measures should she cause a delay that results in the restorative action being performed during the avian nesting season and suggested that it be removed from the Resolution. Regarding the CEQA analysis, he stated that he feels that it is not sufficient. He further commented regarding the statement in the staff report pertaining to recordation of a final resolution, that he does not believe that the City of Rancho Palos Verdes requires recordation and suggested that recordation should not be required. Pamela Reis, 1 Wagon Lane addressed the City Council to request that the Resolution be modified to provide a view corridor to the Santa Monica Bay. She provided a letter which outlined specific actions to achieve that view corridor and suggested the following: Tree Nos. 1,2,3,4,5,6,9,10,12,14,16,17 — no action; Tree Nos. 7,8,11,13,15,18,19,20,21,22,23 — reduce crowns per arborist's report dated June 14, 2012 and amended August 23, 2012; Tree No. 24 — trim lower branches to provide a view underneath Minutes City Council Meeting 09/24/12 -3- the crown. She further commented that this proposed action, combined with the currently proposed Resolution bring the total number of trees affected to a total of 40 trees. Curtis Reis, 1 Wagon Lane addressed the City Council stating that based on the City Council's direction to try to work this issue out, he feels that they tried and were turned down. He briefly reviewed the previous attempt to resolve this matter through mediation with Colleen Berg. He commented that he found Ms. Berg to be competent, experienced, neutral and professional; and further reviewed Ms. Berg's credentials stating that she is certified by the Los Angeles Bar Association. Tina Greenberg, 32 Portuguese Bend Road addressed the City Council stating that she feels Ms. Berg was biased toward the view seeker and that what was being proposed in mediation was unreasonable. She stated that she feels the entire process has been unfair and unreasonable to her and her property without any concern for the environment or her enjoyment of her property. She commented that the ficus trees and the maple tree in the front of her home are her most valued trees in that they fame her home, creating its stately appearance and provide shade to cool her home; and that the proposed action is unfair to her. She further commented that she is willing to participate in a meaningful mediation to resolve this matter with the Reis'. William Hassoldt, 10 Pine Tree Lane addressed the City Council to suggest that the maple tree be excluded from consideration in this case given its uniqueness. He further suggested that the Reis' should be assigned responsibility to pay for the ongoing maintenance as well as the original restorative action and that the original agreement be vacated if the Reis' property sells. Judith Hassoldt, 10 Pine Tree Lane addressed the City Council stating that she has previous experience with tree issues and commented that the City Council should be mindful that the outcome of this case has the potential to affect many residents. She further suggested that the matter be referred to a mediator. Bea Dieringer, 7 Buggy Whip Drive addressed the City Council to suggest that before the proposed Resolution is adopted, an independent, qualified engineering firm paid for by the complainant, be consulted to render a professional opinion as to the potential view, what trees are in that view and what is the least invasive means to achieve the view. She further suggested that during the remediation, an unbiased, certified arborist, paid for by the complainant, be retained to provide consulting services relative to the affect on the trees. She further commented that this case should be remanded back to the Committee on Trees and Views. Jennifer Ise, Rancho Palos Verdes resident, representing the Palos Verdes Tree Society addressed the City Council to suggest that the trees be grandfathered in and exempted from the Ordinance. She expressed concern that action could lead to the clear -cutting of trees and that the value that large trees provide to the community has not been taken into consideration. Kat Spydell, Rolling Hills Estates resident, representing the Palos Verdes Tree Society addressed the City Council suggesting to the City Council that the matter should be resolved between the parties without City involvement. Donna Tarn, Rolling Hills Estates resident, representing the Palos Verdes Tree Society addressed the City Council commenting that she feels that these View Ordinances and view resolution activities are in violation of Mrs. Greenberg's constitutional rights, specifically her 4`h Amendment right and suggested that the City change its View Ordinance. Oksana Bihun, 49 Saddleback Road addressed the City Council stating that the City has ordinances and that they need to be respected until they are changed. She further commented that she worked with Colleen Berg during her view case and found her to be professional. The problem is not usually the mediator, but rather that the parties don't want to meet. She commented that the Reis' applied and followed the process set forth in the City's existing Ordinance. Hearing no further public comment, Mayor Black closed the public hearing and the City Council began its deliberation. Mayor Black asked for confirmation that standard practice has been for the complainant to be responsible for the cost associated with the original remediation and the tree owner to be responsible for the ongoing maintenance costs. City Manger Dahlerbruch confirmed. City Attorney Jenkins commented that the standard practice is based on the underlying assumption that it is the property owner's Minutes City Council Meeting 09/24/12 -4- responsibility to maintain their property in compliance with the law and the Committee's recommendation to assign a percentage of the maintenance cost to the complainant was a deviation from standard practice. Mayor Black also asked for clarification as to the standard maintenance schedule requirement. Planning Director Schwartz commented that Resolutions typically call for annual maintenance but in this case, the arborists recommended maintenance every 18 months and avoid trimming during the avian nesting period it was changed to every 24 months. Discussion ensued concerning what would be necessary and appropriate to provide a view to the Santa Monica Bay. In reviewing the Google Earth images depicting the angles of possible view corridors, Councilmember Lay suggested that the City Council choose a spot between the lines at 2 and 3 and direct staff to determine what impact that would have on the trees at 32 Portuguese Bend Road. Further discussion ensued as to what would be an appropriate angle to use to provide a view to the Santa Monica Bay with Councilmember Lay suggesting a line at 2.5. Mayor Black expressed concern that 2.5 may not be the appropriate angle and may not provide a view to the Santa Monica Bay. Following further discussion, Councilmember Lay moved that the City Council direct staff to modify the Resolution to add a view corridor to the Santa Monica Bay to the west of a line of sight angle of 2.5 and to use the necessary resources to determine what trees are in that view corridor and what specific action is required on those trees to achieve the desired view corridor. Mayor Pro Tem Hill seconded the motion which carried with Mayor Black opposed. Councilmember Lay commented that the Site Plan showing the trees on the property at 32 Portuguese Bend Road should be added as an Exhibit to the Resolution. The City Council concurred. He further suggested that an independent arborist be hired at the City's expense to supervise the work to ensure that the view, within the framework of the Resolution, is achieved using the least invasive amount of trimming necessary. Mayor Pro Tem Hill suggested that staff determine a cost for such a requirement before the City Council take action. The City Council concurred. Mayor Black suggested that the City Council use the Mitigated Negative Declaration adopted by the Committee on Trees and Views rather than the second amended MND. The City Council concurred that discussion on this subject should be continued to when the City Council considers the revised Resolution. Staff was directed to return the modified Resolution as discussed above for the City Council's consideration under Old Business at the next meeting if possible. OLD BUSINESS None. NEW BUSINESS None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. 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. Minutes City Council Meeting 09/24/12 511 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. BS136694. 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. G.C. 54956.9(a) Richard C. Colyear, an individual, v. Anton Dahlerbruch, City Manager/City Clerk, City of Rolling Hills, et al., Los Angeles County Superior Court Case No. BS 138363. No closed session was held. "I'll 11 4 :_ uIW Hearing no further business before the City Council, Mayor Black adjourned the meeting at 9:57 p.m. in memory of long time resident Robert Sollima. The next regular meeting of the City Council is scheduled to be held on Monday, October 8, 2012 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, lz;�rvl James Blacy, M.D. Mayor Minutes City Council Meeting 09/24/12 Respectfully submitted, Heidi Luce Deputy City Clerk Ell 1