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10/22/2012 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS OCTOBER 22, 2012 Field Trip to the following site: ZONING CASE NO. 824 Request for modifications to a previously approved development in Zoning Case No 745 and netiv requests. The modifications and new requests include a Site Plan Review for additional grading and larger than previously approved residence, garage, basement and swimming pool; Variances to construct walls that exceed on the overage 2 'h feet in height and .are located in the front setback, to exceed the maximum permitted disturbed lot area, to construct the pool in the front yard area and to construct more than one driveway approach and which are less than i 00 feet apart; Conditional Use Permit to construct two additional driveway approaches on a property. PRESENT: Mayor Black, Cou.^.�ii m2�be•s, pPr!�e:i ����,_sa��amer and Hill Anton Dahlerbruch, City Manager Yolanta Schwartz,Planning Director Ross Bolton, Bolton Engineering Anthony Inferrera, Architect Doug Moore, Contractor Mr. and Mrs.Nicholas Tonsich,property owners Roy Cootes, neighbor Councilmember Lay visited the site on October 12, 2012 with staff. Mayor Black called the meeting to order at 5:30 p.m. at 40 Eastfield Drive. Planning Director Schwartz provided background information on the request and pointed out the proposed driveway approaches, proposed walls and required grading for the new driveways. She stated that the Traffic Commission recommended approval of the driveways. Mayor Black questions the reasoning for the new driveway approaches. Mr. Cootes stated that the existing situation is dangerous and that the new approach would serve his property at 42 Eastfield separately from the approach for 40 Eastfield. Council members then walked down to�R�ards the partially constructed basement and the floor above the basement and viewed the silhouette of �,he remaining of the house, the proposed garage and the proposed swimming pool. Planning Director Schwar�� sr2t�� that the height of the house will r.:�±. change from the originally approved house, described the gz�a�i.r�g q�.���+i':ies a:� i?s�3f±�_�c�B9t.t��c ie�nporUry construction driveway from Outrider Road. All present walked around the proposed project and viewed the silhouette of the project and the various delineations. There bein�no further questions or comments, Council members continued the meeting. ADJOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 6:30 p.m.,to a regular meeting of the City Council to be held on Monday, October 22, 2012, beginning at 7:30 P.M.; at City Hall,Rolling Hills Caiifornia. Respectfully submitted by: • ,. Y anta Schwartz . " - - anning Director . Approved: James lac Mayor Minutes 10-22-12 FT 1 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF TI�E CITY OF ROLLING HII,LS,CALIFORNIA MONDAY, OCTOBER 22,2012 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Black at 7:32 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road,Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Lay, Perne11, 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. Nick Tonsich, 40 Eastfield Drive. Dan Baer, 38 Eastfield Drive. Roy Cootes, 42 Eastfield Drive. Spencer Karpf, 14 Caballeros Road. Richard Colyear, 35 Crest Road West. Sue Breiholz, 6 Upper Blackwater Canyon Road. Bea Dieringer, 7 Buggy Whip Drive. Ross Bolton,Bolton Engineering. Tony Inferrera, Architect. Kit Bagnell, Los Angeles County Dept. of Building and Safety. Lisa Naslund, Los Angeles County Dept. of Building and Safety. CONSENT CALENDAR A. Minutes -Regular Meeting of October 8, 2012. RECOMIVIENDATION: Approve as presented. B. Payment of Bills. RECOMIV�NDATION: Approve as presented. C. Financial Statement for the Month of September, 2012. RECOlVIlV�NDATION: Approve as presented. D. Allied Recycling Tonnage Report for September, 2012. RECOMI��NDATION: Receive and file. E. RESOLUTION NO. 1128 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. RECOMIV�NDATION: Adopt as presented. F. RESOLUTIONS PERTAINING TO THE CITY OF ROLLING HILLS GENERAL MUNICII'AL ELECTION: (1) RESOLUTION NO. 1129: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2013, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR SUBMISSION TO THE VOTERS TWO QUESTIONS RELATING TO ALLOWABLE USES FOR STABLES AND AMENDING THE VIEW PRESERVATION ORDINANCE. RECOMI��NDATION: Adopt as presented. Minutes City Council Meeting 10/22/12 -1- (2) RESOLUTION NO. 1130: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2013. RECOlVI1VVIENDATION: Adopt as presented. (3) RESOLUTION NO. 1131: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON T'UESDAY,MARCH 5, 2013. RECOMMENDATION: Adopt as presented. (4) RESOLUTION NO. 1132: A RESOLUTION OF THE CITY COLINCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, CONSENTING TO AN ELECTION CONSOLIDATION WITH THE CITY OF LOS ANGELES, INCLUDING THE LOS ANGELES COMMUNITY COLLEGE DISTRICT AND ORDERING THAT THE THREE SEATS ON THE BOARD OF TRUSTEES OF THE LOS ANGELES COMMUNITY COLLEGE DISTRICT APPEAR ON THE BALLOT OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2013. RECOIi�Il�ENDATIOl�t: Adopt as presented. G. ORDINANCE NO. 330 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING AN AMENDMENT TO TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE PERTAINING TO EXEMPTION OF CITY PROPERTIES FROM THE PROVISIONS OF THE ZONING ORDINANCE 1N ZONING CASE NO. 828, ZONING CODE AMENDMENT NO. 2012-04. RECON��I�ATION: Second reading (waive full reading) and adoption. H. ORDINANCE NO. 331 - AN ORDINANCE AMENDING ROLLING HILLS MUNICIPAL CODE SECTION 3.08.080 REGARDING AUTHORIZATION TO SIGN CITY VOUCHER CHECKS RECONIlVIENDATION: Second reading(waive full reading) and adoption. I. NOTICE OF COMPLETION FOR THE FY 2012-13 CITY OF ROLLING HILLS STREET STRIPING AND PAVEMENT MARI�INGS PROJECT ON SELECTED STREETS. RECONIlVIENDATION: Approve as presented. Deputy City Clerk noted two corrections to Item 3F(1) - Resolution No. 1129: (1) to add a letter designation before the ballot measures — Measure A designating the stable initiative; and Measure B designating view initiative; and(2) to add the exhibits as referenced in Section 3 to provide the complete text of the measures. The corrected Resolution was placed on the dais and made available to the public. Mayor Black asked for public comments regarding the items on the Consent Calendar. Hearing none, he called for a motion. Councilmember Heinsheimer moved that the City Council approve the items on the consent calendaz as amended (Resolution No. 1129). Mayor Pro Tem Hill seconded the motion, which carried without objection. COMIVIISSION ITEMS RESOLUTION NO. 2012-21 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR AN ADDITION ON A PROPERTY WITH A CONDITION THAT ANY FURT`HER DEVELOPMENT REQUIRES A DISCRETIONARY REVIEW IN ZONING CASE NO. 827, AT 1 LOWER BLACKWATER CANYON ROAD, (LOT 46-RH) (DENNEE). THE PROJECT HAS BEEN DETERMINED TO BE EXEMI'T PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA). AND CONSIDERATION OF A NEW DRIVEWAY APPROACH AT 40 EASTFIELD DRIVE. Mayor Black introduced the item and asked for staffls comments. Planning Director Schwartz reviewed the applicant's request for a 364 sq. ft. addition to a single-family residence at 1 Lower Blackwater Canyon Road. The Planning Commission approved the project with a 3-0 vote with two Commissioner's absent from the vote. Minutes City Council Meeting 10/22/12 -2- Mayor Pro Tem Hill moved that the City Council receive and file Planning Commission Resolution No. 2021-21 granting approval of the applicant's request in Zoning Case No. 827 at 1 Lower Blackwater Canyon Road. Councilmember Pernell seconded the motion which carried without objection. PUBLIC HEARINGS ZONING CASE NO. 824. (MODIFICATION� MR. AND MRS. NICHOLAS TONSICH, 40 EASTFIELD DRIVE (LOT 19-EF) ROLLING HILLS CA. REQUEST FOR A SITE PLAN REVIEW AND MODIFICATION TO A PREVIOUSLY APPROVED PROJECT FOR GRADING AND TO CONSTRUCT LARGER THAN APPROVED RESIDENCE, BASEMENT AND SWINIMING POOL; VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT, TO LOCATE RETAI1vING WALLS 1N THE FRONT SETBACK, WHICH WOULD BE HIGHER THAN PERMITTED, TO ALLOW FOR DRIVEWAY APPROACHES TO BE CLOSER THAN 100 FEET, AND TO LOCATE THE SWINIMING POOL IN THE FRONT YARD AREA OF THE LOT AND A CONDITIONAL USE PERMIT (CUP) TO CONSTRUCT AN OFF SITE DRIVEWAY APPROACH, AT 38 EASTFIELD DRNE, TO SERVE THE PROPERTY AT 42 EASTFIELD DRIVE. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA). Mayor Black introduced the item and asked for staffls comments. Councilmember Heinsheimer recused himself from consideration of this item and left the dais. Planning Director Schwartz stated that this is a continued public hearing on a case that the City Council took under jurisdiction at its last meeting and scheduled a filed trip for today. Councilmembers Pernell, Hill and Mayor Black visited the site earlier today and Councilmember Lay visited the site separately with staff and the applicant's representatives last week. The applicant is requesting to build a larger than previously approved home at 40 Eastfield Drive. T'he originally approved request was for a 4,075 sq. ft. home and the applicant is now proposing a 5,095 sq. ft. home with a larger basement for which construction has already begun. The applicant also propbses a lift in the basement below the garage for the purpose of lowering and xaising vehicles in the garage and a larger than originally approved pool. Planning Director Schwartz further reviewed the configuration of the proposed driveways which are different than what currently exists and commented that the proposed driveway configuration was reviewed by the Traffic Commission and the Traffic Commission recommends approval. Also proposed in the applicant's request and variances for several walls along the driveway ranging in height up to Sft. and a larger than previously approved amount of disturbance. She then reviewed the plans as previously approved compared to the current proposal. Mayor Black called for public comment. Roy Cootes, 42 Eastfield Drive addressed the City Council regarding the proposed driveway commenting that the proposed configuration addresses safety concerns of a shared driveway. In response to Councilmember Pernell, Mr. Cootes commented that visibility exiting onto Eastfield Drive has not been a concern. Dan Baer, 38 Eastfield Drive addressed the City Council to express concern that as proposed the grass area between the two driveways is wider than his original understanding of how wide it would be. He requested that it be 5 ft. versus the approximately 15 ft. in width currently staked. Nicholas Tonsich, 40 Eastfield Drive addressed the City Council regarding the Site Plan Review for increased square footage of the house. He commented that structural lot coverage is 19.9%which is less than the 20% maximum guideline and the total lot coverage is 29.8% which is less than maximum 35% guideline. He provided the City Council with a chart that he feels more accurately reflects the lot size and square footage comparison of more recently built houses in the area and shows that his house is consistent with recently developed properties. In response to Councilmember Pernell, Mr. Tonsich commented that he feels that when the project is complete, the net visual disturbance will be negligible. Planning Director Schwartz confirmed in response to Councilmember Pernell that the exceedance in disturbance is due to the driveways. Councilmember Lay commented that in 2007 the project was approved with the house at 4,075 sq. ft. finding that as originally proposed, the development was harmonious in scale and mass with the site but Minutes City Council Meeting 10/22/12 -3- as currently proposed, based on the pad coverage, no longer meets the required findings for approval of the Site Plan Review because the pad and coverage are no longer harmonious in scale. In response to Councilmember Lay, Mr. Tonsich commented that the project is still under the guidelines for structural lot coverage and total lot coverage. Mr. Tonsich further explained how the current proposal came to be and expressed his opinion that the project still meets the criteria for harmony and scale. Mr. Cootes addressed the City Council to request that if the driveways are reconfigured, he would like his to be lower with less of a slope. Ross Bolton, Bolton Engineering addressed the City Council regarding the driveways stating that they were configured as proposed so that they would be as drivable and safe as possible, but they could look at them again if requested. Hearing no further public comment,Mayor Black closed the public hearing. Mayor Black asked for clarification from the representatives of Los Angeles County Dept. of Building and Safety as to how the grading came to be significantly greater than what was approved by the City. Lisa Naslund responded that they approved the original plan, and the revised plan has not yet been approved. Kit Bagnell clarified that a grading permit was issued based on the revised grading plan as well as a permit to start construction of the foundation and it was over the course of that construction it was determined that the footprint of the structure had changed and the County is awaiting a determination by the City before proceeding any further. In response to Mayor Black's inquiry regarding a stop work order, Mr. Bagnell commented that a stop work order means stop until the necessary approvals are obtained. Brief discussion ensued stop work orders and means for enforcement. Councilmember Pernell commented that as he mentioned at the Field Trip, he is eoncerned about the three driveways being one right after the other and suggested that some be eliminated. Discussion ensued concerning the driveways with Tony Inferrera commenting in response to Mayor Black that the Fire Dept. has reviewed the driveways as currently proposed. Councilmember Lay commented that he feels the house is too large for the pad and suggested that it be put back to what was originally approved; he did not express concern regarding the driveways and commented that he feels it is better as currently proposed. Mayor Pro Tem Hill commented that he too feels that current driveway configuration is acceptable but with regard to the size of the house, although he would have preferred that the applicant request approval before it was done, he feels that it is acceptable as proposed given that there if enough open space and area around the house that it will not be obtrusive when complete. In response to Mayor Black's inquiry as to what recourse the City has when property owners and/or their agents go beyond what is approved. City Attorney Jenkins responded that the City has the option to pursue complaints with State regulatory bodies if laws were broken by the engineers or contractors or for staff to pursue criminal prosecution if City Codes are violated. Mayor Black commented that although the pad is very crowded, he is not concerned regarding the house given that is it down low; he expressed concern regarding the driveway configuration and commented that he does not feel that having so many driveways is in character with the community. In response to Councilmember Pernell, City Attorney Jenkins commented that this project should be reviewed as a new project and should be evaluated without regard to how it got here, without regard to the fact that it was here before and without regard to the fact that there are circumstances that indicate that the contractors may have exceeded the limits of the permits. Following discussion, Mayor Black moved that the City Council prepare a resolution approving the applicant's request for the Site Plan Review and Variances for the house and pool as presented with the standard finding of fact and conditions of approval including the conditions recommended by the Planning Commission; and denying the request for a Conditional Use Permit to construct an offsite Minutes City Council Meeting t oi22i�2 -4- driveway approach. Councilmember Pernell seconded the motion which carried by the following roll call vote: AYES: Councilmembers Hill,Pernell and Mayor Black. NOES: Councilmember Lay. ABSENT: None. ABSTAIN: Councilmember Heinsheimer(recused). Councilmember Heinsheimer returned to the dais. Recognizing that it was after 8:00 pm, Mayor Black suggested that the Open Agenda item be taken next. Hearing no objection, he so ordered and called for public comment. OPEN AGENDA-APPROXIMATELY 8:00 P.M. - PUBLIC COMII�NT WELCOME None. OLD BUSINESS None NEW BUSINESS TRANSMITTAL OF ANALYSIS OF THE INITIATIVE MEASURE PROPOSING CHANGES TO THE ZONII�IG ORDINANCE PERTAINING TO THE PERMITTED USE OF STABLES City Manager Dahlerbruch stated that the analysis of the stable initiative as requested by the City Council pursuant to Elections Code Section 9212 is presented for the City Council's information and to � receive and file. Mayor Black asked for public comments. Spencer Karpf, 14 Caballeros Road and author of the initiative addressed the City Council commenting that it was his understanding that the City Attorney is under a legal obligation to provide an impartial analysis and he finds this analysis biased and commented that a truly impartial analysis would provide both sides. Mayor Black left the Council Chambers and turned the meeting over to Mayor Pro Tem Hill. Sue Breiholz, 6 Upper Blackwater Canyon Road addressed the City Council concerning the initiative expressing concern that as proposed, the initiative would eliminate the requirement for a set aside area for a stable if the existing stable was converted to another use. Councilmember Heinsheimer moved that the City Council receive and file the analysis of the initiative measure proposing changes to the zoning ordinance pertaining to the permitted use of stables. Councilmember Lay seconded the motion which carried without objection. TR.ANSMITTAL OF ANALYSIS OF THE I1�TITIATIVE MEASURE PROPOSING CHANGES TO THE VIEW ORDINANCE City Manager Dahlerbruch stated that the analysis of the view initiative as requested by the City Council pursuant to Elections Code Section 9212 is presented for the City Council's information and to receive and file. Mayor Pro Tem Hill called for public comment. Richard Colyear, 35 Crest Road West addressed the City Council stating that the agenda for tonight's meeting contained items on the Consent Calendar for which some documents were not presented until this evening. He further commented that when he submitted the initiative in January, the City Attorney prepared an Impartial Analysis and since it has already been it should be included in the ballot. He further suggested that it is unfair that he only is allowed to submit one argument in favor of the initiative while the City Council may submit five arguments in opposition. He further expressed concern that it is Minutes City Council Meeting 10/22/12 -S- also unfair that the Impartial Analysis to be prepared by the City Attorney is due at the same time the argument in favor is due and he will not have an opportunity to counter the Impartial Analysis. Mayor Black returned to the dais. In response to Mayor Black's request for clarification as to the accuracy of Mr. Colyear's assertion that the City Council may submit up to five arguments against the measure, City Attorney Jenkins stated that that is not accurate—there will only be one argument in favor and one argument against the measure. In response to Mr. Colyear, City Attorney Jenkins further commented that the items on the consent calendar have been on the consent calendar for the required 72-hour period and the support materials were provided in the agenda packet. The only thing added was the text of the two measures as an exhibit to the Resolution and the City Clerk passed out new copies of the Resolution that were exactly the same as what was on the consent calendar but with the text of the measures attached. He further commented that when Mr. Colyear referenced the Impartial Analysis as having already been completed, what he was actually referring to was the Title and Summary which was prepared as required by the Elections Code and serves a different purpose than the Impartial Analysis. The analysis that is presented here was prepared upon direction from the City Council for information purposes. The Impartial Analysis is a separate document that�Nill be shorter and proved upon direction by the City Council in accordance with the schedule dictated by Elections Code. In response to Mr. Karpf, City Attorney Jenkins clarified that the Impartial Analysis and Arguments in favor of and against the measure are all due at the same time. Mr. Karpf suggested that if allowed, the proponents be given the opportunity to review the Impartial Analysis before they submit their arguments in favor of the measure. In response to Ms. Breiholz inquiry, City Attorney Jenkins stated that only the portion of the view ordinance affected by the measure would require another vote of the people to change. Bea Dieringer, 7 Buggy Whip Drive addressed the City Council regarding the analysis of the view initiative expressing concern that the language referencing "clear and convincing" evidence as being similar to criminal cases is not accurate. She further expressed concern that using the definition of "maturing" from Wikipedia is not a reliable source. City Attorney Jenkins cornmented that he agrees, Wikipedia is not an authoritative source, but for lack of finding an industry standard definition of"maturing" the point is that the initiative includes a word that cannot be defined by industry standard and he is not sure an authoritative definition is available. With regard to the burden of proof, he commented that the term "clear and convincing" used in the initiative does not provide clear direction as to how high the standard should be, but it is a higher burden and land-use decision are not usually reviewed under this type of burden. Mr. Karpf addressed the City Council regarding the stable initiative expressing concern that the proposed question for the ballot itself is highly biased and does not correctly state wnat the question is. City Attorney Jenkins commented, in response to Mr. Karpf, that at the beginning of the meeting, prior to taking action on the Consent Calendar, the Mayor asked for comments and there was no comment. He further commented that there is no science or Elections Code requirements with regard to the question and thus they are framed is such a way to be straight-forward, relatively short and simple—not convoluted and designed in such a way to impartially convey the question. Councilmember Heinsheimer moved that the City Council receive and file the analysis of the initiative measure proposing changes to the View Ordinance. Councilmember Lay seconded the motion which carried without objection. CONSIDERATION OF RESOLUTIONS SETTING PRIORITIES OR THE FILING OF ARGUMENTS; AUTHORIZING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS; AND ALLOWING FOR REBUTTAL ARGUMENTS FOR THE MEASURES ON THE BAL,LOT FOR THE CITY OF ROLLING HILLS GENER.AL MUNICIPAL ELECTION ON MARCH 5, 2013. (1) RESOLUTION NO. 1133: A RESOLUTION OF THE CITY COLTNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IlVIPARTIAL ANALYSIS. Minutes City Council Meeting 10/22/12 -()- (2) RESOLUTION NO. 1134: A RESOLUTION OF THE CITY COLINCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS. � Mayor Black introduced the item and asked for staff's comments. Deputy City Clerk Luce presented the staff report stating that in addition to the Resolutions adopted earlier this evening related to the City's election in March of 2013, two additional resolutions specifically related to the initiative measures are presented for consideration. Resolution No. 1133 provides the City Council the authority and priority for filing a written argument against the measures; and if the City Council desires, it provides direction to the City Attorney to prepare an impartial analysis to be printed in the sample ballot. She commented that an amended Resolution has been placed on the dais, which adds the letter designation to the ballot measures consistent with Resolution No. 1129 adopted earlier this evening. T'he second Resolution, No. 1134 allows for the filing of rebuttal arguments. Mayor Black called for public comment. Mr. Karpf addressed the City Council to suggest that if an Impartial Analysis is authorized, that the City Attorney be directed to file it as early as possible so as to allow the authors of the arguments as much time as possible to analyze it if the Elections Code allows such review. Ms. Dieringer addressed the Ciry Council in concurrence with Mr. Karpf for fairness purposes and encouraged the City Council to allow rebuttal arguments. � Councilmember Heinsheimer moved that the City Council adopt Resolution No. 1133 as presented and with the deadlines as set forht in the Elections Code. Councilmember Lay seconded the motion. Mayor Black expressed his opinion that if the Elections Code allows for early submittal and review of the Impartial Analysis, then he believes the City Council should allow it. Following brief discussion, the motion carried by the following roll call vote: AYES: Councilmembers Heinsheimer,Hill, Lay and Pernell. NOES: Mayor Black. ABSENT: None. ABSTAIN: None. - Councilmember Heinsheimer moved that the City Council not adopt Resolution No. 1134. Councilmember Pernell seconded. Mayor Black expressed his opinion that he believes rebuttal arguments should be allowed. Following brief discussion, the motion carried by the following roll call vote: AYES: Councilmembers Heinsheimer,Pernell and Mayor Pro Tem Hill. NOES: Councilmember Lay and Mayor Black. ABSENT: None. ABSTAIN: None. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS CONSIDERATION OF ARGUMENTS TO BE SUBMITTED BY THE CITY COUNCIL IN OPPOSITION TO THE STABLE AND VIEW INITIATIVES. Mayor Black introduced the item. City Manager Dahlerbruch stated that Councilmember Heinsheimer submitted draft arguments against the ballot measures. Councilmember Heinsheimer presented the draft arguments against the stable and view initiatives for the City Council's consideration. Following brief discussion, the City Council concurred that Mayor Black and Councilmember Heinsheimer will finalize the arguments; and Councilmember Heinsheimer will obtain signatures on the arguments and submit them to the City Clerk. Mayor Black suggested that the City Council direct staff to schedule California Water Service Company to attend a future City Council meeting to discuss the upcoming rate increase and to determine if the City Council wishes to take a position on the matter. Hearing no objection, the Mayor so ordered. Minutes City Council Meeting , 10/22/12 -�- MATTERS FROM ST'AFF QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2012. Finance Director Shea presented the quarterly schedule of investments report for the quarter ending September 30, 2012. He reviewed the cash balances compared to June 30, 2012 which are down slightly as is usually this time of year and stated that interest is down slightly b�cause of the LAIF adjustment but otherwise interest is consistent with the prior year. He further reviewed the various types of investments which show an overall earnings rate of.381%. UPDATE ON DISASTER CONIMUNICATIONS TRAINING EXERCISE SCHEDULED FOR THURSDAY,NOVEIi�IBER 8, 2012 FROM SPM TO 7PM. -- City Manager Dahlerbruch presented an update and provided the scenario for the Disaster Communications training exercise scheduled for November 8, 2012. MATTERS FROM TI�E 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. �ihun, 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. G.C. 549569(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. BS138363. , No closed session was held. ADJOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 9:50 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, November 26, 2012 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portu�uese Bend Road, Rolling Hills, California. Respectfully submitted, � Heidi Luce Deputy City Clerk Approved, �t Jam Black, M.D. - Ma r .i Minutes City Council Meeting 10/22/12 -g-