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11/26/20121 1 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, NOVEMBER 26, 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 Hensheimer, Lay, Pernell, Mayor Pro Tem Hill and Mayor Black. None. Anton Dahlerbruch, City Manager. Mike Jenkins, City Attorney. Terry Shea, Finance Director. Heidi Luce, Deputy City Clerk. Jim Walker, Previous Finance Director. Jeff Kiernan, League of California Cities. Henry Wind, California Water Service Company. Terry Reiter, 6 Saddleback Road. Nick Tonsich, 40 Eastfield Drive. Dan Baer, 38 Eastfield Drive. Ross Bolton, Bolton Engineering. Tony Inferrera, Architect. 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 - Regular Meeting of October 22, 2012. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of October, 2012. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for October, 2012. RECOMMENDATION: Receive and file. E. Consideration of a recommendation to reappoint Jeff Pieper to a four-year term on the Planning Commission and to reappoint Partrick Wilson to a four-year term on the Traffic Commission commencing on January 2, 2013. RECOMMENDATION: Approve as presented. Councilmember Heinsheimer moved that the City Council approve the items on the consent calendar as presented. Mayor Pro Tem Hill seconded the motion. Mayor Black asked if there were any other applicants for the Commission appointments to which staff responded there were none. The motion carried without objection. PRESENTATION Presentation of Certificate of Excellence in Financial Reporting City Manager Dahlerbruch commented that a Comprehensive Annual Financial Report serves as a complete overview of the City's financial condition and FY 2011 was the first time City prepared this type of report. Finance Director Shea presented the City Council with a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA) for its Minutes City Council Meeting 11/26/12 -1- Comprehensive Annual Financial Report. He commented that the Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting and its attainment represents a significant accomplishment by a government and its management. He also presented Jim Walker with a certificate from the GFOA in recognition of his efforts in preparing the City's 2010-11 Comprehensive Ann �uai Fffiancial Report. Mr. Walker recognized and thanked staff and the City's auditor Lance, Soll, Lunghard for their efforts in attaining this achievement. Mayor Black stated that with the City Council's concurrence Matters from Staff 'items 10A, regarding Strong Cities, Strong State; and 10B, regarding the water rate increase will be taken out of order. Hearing no objection, he so ordered. MATTERS FROM STAFF CONSIDERATION OF ROLLING HILLS' PARTICIPATION IN THE LEAGUE OF CALIFORNIA CITIES "STRONG CITIES, STRONG STATE" PUBLIC INFORMATION PROGRAM. City Manager Dahlerbruch presented the staff report pertaining to the League of California Cities' "Strong Cities, Strong State" public information program. As background, he noted that rile City is a member of the League of CA Cities which is an organization that represents cities in Sacramento and whose mission is to protect local control and local revenues. He commented that in the wake of Bell, the City Managers Association started a program to explain and promote the role and value of cities. He introduced Jeff Kiernan, Public Affairs Manager for the League, as this region's representative, and stated that he is here to explain the program and suggest Rolling Hills' participation. After the presentation, staff seeks the City C6un6ils' direction pertaining to Rolling Hills' participation in the program. Mr. Kiernan reviewed the history and premise behind the Strong Cities, Strong State program and commented that the leadership and services that cities provide help California as a whole become stronger. The Strong Cities, Strong State web site is a place where information about the good things cities do can be provided to the public. He noted that since the program was launched, just over a year ago, 150 cities have participated and in his region which includes 25 cities from Malibu to the South Bay, 9 cities have completed profiles including Palos Verdes Estates and Carson. He reviewed the components of the program and asked the City Council to consider participating in the program. In response to Councilmember Pernell's inquiry, Mr. Kiernan stated that although the program may not have prevented `Bell" type scandal, the League did address some changes and develop best practices to prevent that types of scandal. In response to Mayor Black, Mr. Kiernan commented that there will not be a cost to participate in the program. Following discussion, the City Council authorized the City Manager to pursue participation in the "Strong Cities, Strong State" program as long as there is no cost involved. CALIFORNIA WATER SERVICE GENERAL RATE CASE FOR A RATE INCREASE EFFECTIVE JANUARY 2014 AND CONSIDERATION OF A POSITION LETTER IN RESPONSE TO THE PROPOSED RATE -INCREASE. City Manager Dahlerbruch stated that at the last City Council meeting staff was asked to invite the District Manager of Cal Water Service to explain their proposed upcoming rate increase. He stated that Henry Wind is here to address the proposed rate increase and answer the City Council's questions. Thereafter, staff seeks the City Council's direction relative to taking a position and writing a letter in regard to the proposed increase. Henry Wind with California Water Service Company addressed the City Council to explain California Water Service Company's general rate case for a rate increase effective January 2014. Mr. Wind reviewed Cal Water's operations and explained the process for the general rate case for a rate increase as well as the capital improvements that are planned and a part of the rate increase. Discussion ensued concerning what measures Cal Water takes to reduce costs. Following discussion, Mayor Black thanked Mr. Wind for his comments. No action was taken. COMMISSION ITEMS RESOLUTION NO. 2012-23 — A RESOLUTION OF THE PLANNING COMMISSION OF Minutes City Council Meeting 11/26/12 -2- 1 1 THE CITY OF ROLLING HILLS GRANTING PARITAL APPROVAL AND PARITAL DENIAL OF A SITE PLAN REVIEW TO ENLARGE PREVIOUSLY APPROVED GARAGE ON A PROPERTY WITH A CONDITION THAT ANY FURTHER DEVELOPMENT BE REVIEWED BY THE PLANNING COMMISSION, IN ZONING CASE NO. 747 MODIFICATION, (LOT 18-RH), (REITER). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Black introduced the item for consideration and asked for staff's comments. City Manager Dahlerbruch stated that Planning Commission Resolution No. 2012-23 in Zoning Case No. 747 -Modification at 6 Saddleback Road is before the City Council to either receive and file or take under jurisdiction for further review. He reviewed the applicant's request stating that in 2008, the Planning Commission and City Council approved a 2,000 sq ft garage with grading of 170 cubic yards of cut and 170 cubic yards of fill at 6 Saddleback Road. Hecommented that during construction of the garage, a stop work order was issued because the structure was larger than the approved plans; as such, the applicant applied to the City to enlarge the previously approved garage by 300 sq ft. Following its field trip, public testimony and deliberation, the Planning Commission approved 145 sq. ft. of the as - built expansion requiring that 155 sq ft be removed within 6 month. He explained that the Planning Commission felt that the side extension resulted in little significant change but the addition in the front would be too massive and make the project look overdeveloped. He further reviewed the conditions in the Resolution and development standards of the lot. He further commented that there is a letter from a neighboring resident and correspondence pertaining to electrical conduit on the site that were omitted from the packet and have been placed on the dais and made available to the public. He also noted that a letter was received today from the applicant requesting that the City Council take the case under jurisdiction for consideration of approving the entire addition; and it has been placed on the dais as well. Following brief discussion, Councilmember Lay moved that the City Council receive and file Planning Commission Resolution No. 2012-23 granting partial approval and partial denial of the applicant's request to modify the previously approved request in Zoning Case No. 747 -Modification at 6 Saddleback Road. Councilmember Pernell seconded the motion which carried without objection. PUBLIC HEARINGS ORDINANCE NO. 332 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING TITLE 6 (ANIMALS) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE PERTAINING TO KEEPING OF POT-BELLIED PIGS, USE OF EXISTING LEGALLY CONSTRUCTED STABLES WITH LOFTS, AND MODIFYING OTHER MINOR PROVISIONS OF TITLE 17, IN ZONING CASE NO. 831, ZONING CODE AMENDMENT NO. 2012-05. Mayor Black introduced the item and asked for staff's comments. City Manager Dahlerbruch presented the staff report stating that occasionally the Planning Commission will look at existing ordinances to update them as necessary and this ordinance is presented under those circumstances. With the stable ordinance in place since August 2011, various things. have been learned and, in turn, updates are proposed. The proposed Ordinance proposes to clarify language, allow two pot bellied pigs each not exceed 125 lbs, correct typos and address legal non -conforming lofts in stables that exist but cannot comply with existing provisions of the code. He reviewed the background for each of the proposed changes stating with regard to the first proposed change that staff has learned of legally constructed stables, where the loft is greater than 50% of the lower area of the structure making it not in conformance with the current ordinance; the proposed change is to allow the lofts in stables built before July 2010 to be greater than 50% but if used as a tack room it not exceed 800 sq ft. The second proposed change clarifies that a loft does not need to be above agricultural space but instead above the stable; and the third corrects a typo that we could have rectified through the codifier; 2 ft is supposed to be 25 ft. The fourth proposed change allows two pot-bellied pigs not to exceed 125 lbs each; this is in response of learning that there are residents that have such pigs that are kept as pet. He commented that it is recommended that the City Council introduce this ordinance for 1St reading, conduct a public hearing and upon receiving .public input, direct staff to bring the ordinance back for a second reading and adoption. Mayor Blac: called for public comment. There was no public comment. Minutes City Council Meeting 11/26/12 -3- Following brief discussion concerning how the number of two pot bellied pigs was determined, Councilmember Lay moved that the City Council introduce' Ordinance No. 332 for first reading and waive full reading of the Ordinance. Councilmember Heinsheimer seconded the motion which carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Lay, Pernell and Mayor Black. NOES: None. ABSENT: None. ABSTAIN: None. The public hearing was continued. OLD BUSINESS RESOLUTION NO:" -1135 - A RESOLUTION -OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING PARITAL APPROVACI AND` PARTIAL DENIAL TO MODIFY PREVIOUSLY APPROVED PROJECT. THE APPROVAL ENTAILS THE CONSTRUCTION OF A LARGER THAN PREVIOUSLY APPROVED RESIDENCE, GARAGE, BASEMENT AND SWIMMING POOL AND INCREASED GRADING QUANTITIES WITH EXPORT OF DIRT; GRANTING APPROVAL FOR VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT AND TO LOCATE THE SWIMMING POOL IN THE FRONT YARD AREA OF THE LOT. THE DENIAL ENTAILS A CONDITIONAL USE PERMIT (CUP) TO CONSTRUCT A SECOND OFF SITE DRIVEWAY APPROACH, AT 38 EASTFIELD DRIVE; A VARIANCE FOR DISTANCE SEPARATION OF THE DRIVEWAYS AND TO CONSTRUCT UP TO 5' HIGH RETAINING WALLS, WHICH ON THE AVERAGE WOULD BE GREATER THAN 2 1/2 FEET IN HEIGHT ALONG DRIVEWAYS IN THE FRONT YARD SETBACK IN ZONING CASE NO, 824 AT 40 EASTFIELD DRIVE (LOT 91 -EF), ROLLING HILLS C6. PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Black introduced the item and asked for staff s comments. City Manager Dahlerbruch stated that at the City Council meeting of October 22, 2012, following the completion a public hearing, staff was directed to prepare a Resolution of Approval for Zoning Case 824 at 40 Eastfield Drive. The Resolution is presented for consideration. It includes the larger' house, basement and pool with additional grading and disturbance as previously discussed but does not include a Conditional Use Permit for an additional driveway approach. He noted that circle page 2 Items A -I of the staff report identifies all the conditions included in the Resolution. Of note, the applicant is required to pay the City's cost for a third party civil engineer to verify the location and size of the foundation, footprint, ridgeline and grading to confirm that the structure built matches what was approved by the City Council. Mayor Black called for public comment. Ralph Black, 36 Saddleback Road addressed the City Council to express his concern that two cases before the City Council this evening involve situations where permission is requested after the fact where major changes were made after a project was approved. He suggested that there should be a better monitoring system in place to prevent these types of situations. Discussion ensued concerning the driveway, portion of the applicant's request. C:. it,acilmember Heinsheimer suggested that the Resolution be amended in Section 11, Item J to say that the location of the existing driveway shall be moved to the south and revised plans showing the location of the proposed driveway shall be brought back to the City Council for review and approval within 90 days. Following brief discussion, Councilmember Heinsheirner moved that the City Council adopt Resolution No. 1135 granting partial approval and partial denial of the applicant's request to modify the previously approved request in Zoning Case No. 824 at 40 East.field Drive as amended. Mayor Pro Tem Hill seconded the motion which carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Pernell and Mayor Black. NOES: Councilmember Lay. ABSENT: None. ABSTAIN: None. Minutes City Council Meeting 11/26/12 -4- 1 City Manager Dahlerbruch noted that staff has prepared a detailed timeline of events associated with how this project got to where it is in its as built condition and will be meeting with the City Attorney's office to decide what, if any, action to take against the professionals associated with the project. 10WAS 13 1&41_0 *&1 CONSIDERATION OF AN AGREEMENT WITH DCA CIVIL ENGINEERING GROUP FOR PREPARING DOCUMENTS TO PROCESS A DE -ANNEXATION REQUEST THROUGH THE LOS ANGELES COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) OF A., PORTION OF CRENSHAW BOULEVARD AT SILVER SPUR ROAD LOCATED IN THl_; stiTJNDRIES OF THE CITY OF ROLLING HILLS AND THE APPROPRIATION OF $20,000 THEREFORE. Mayor Black introduced the item and asked for staff's comments. City Manager Dahlerbruch presented that staff report. As background, he stated that staff learned some time ago that a portion of Crenshaw Blvd. right-of-way is in the City limits of Rolling Hills and if it is on public property, owning it presents a responsibility and potential liability to the City. He commented that currently, the City owns no public roadways and to be consistent, staff is proposing that the City Council consider submitting an application to LAFCO to de -annex the property and provide it to Rancho Palos Verdes and Rolling Hills Estates where is abuts those cities. He reviewed the process and costs associated with a de -annexation stating that it will require a survey, title search and the preparation of materials which staff estimates not to exceed $17,500 — the amount of $20,000 referenced in the title in incorrect. Staff sought competitive quotes for the work; DCA was the lowest at $12,800; it's about $3,500 in LAFCO fees. He noted that it was preliminarily mentioned to the City Managers and their response was positive; they were responsive, as they did something similar between them not long ago. He reviewed a map showing the portions of property that will be de -annexed. Staff is seeking City Council direction to proceed with the project. In response to Councilmember Pernell's inquiry, City Manager Dahlerbruch stated that the other Cities are not asking for the property, but are supportive of the proposal. Councilmember Heinsheimer suggested tl°d maybe the process could be streamlined to reduce the cost associated with the project. Following discussion, Councilmember Lay moved that the City Council authorize the City Manager to execute an agreement with DCA Civil Engineering Group for preparing the documents to process a de - annexation request through LAFCO of apportion of Crenshaw Blvd. at Silver Spur Road and to direct work with the parties to reduce the costs where possible. Mayor Pro Tem Hill seconded the motion which carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Lay, Pernell and Mayor Black. NOES: None. ABSENT: None. ABSTAIN: None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COI<s`;`TTTEE MEETING (ORAL). Councilmember Hill provided an update on the discussions at the Palos Verdes Peninsula Regional Law Enforcement Committee meeting held on November 8, 2012. He stated that overall crime statistics are down and ambulance service is timely. He also noted that the Sheriff's Dept. provided an update on the attempted Panga boat landings and the Volunteers on Patrol program. Councilmember Pernell noted that the Lomita Station has recently experienced a large number of personnel changes including a new Core Deputy assigned to our community and the Sheriff's Dept. is working on ways to introduce the new personnel to the community. Mayor Black commented that he has heard of several incidents involving coyotes recently. In response, City Manager Dahlerbruch reviewed the efforts the City is currently taking in conjunction with the Minutes City Council Meeting 11/26/12 -5- County of Los Angeles County Agricultural Commissioner's office to address the coyote issues. Following discussion, the City Council directed staff to continue working with the County to implement the most effective measures to addre. the coyote issues. MATTERS FROM S'T'AFF (continued) SUMMARY OF DISASTER COMMUNICATIONS DRILL ON NOVEMBER 8, 2012 (ORAL) City Manager Dahlerbruch provided a recap and review of the Disaster Communications training exercise that took place on November 8, 2012. MATTERS FROM THE CITY ATTORNEY City Attorney Jenkins reported that Mrs. Greenberg has filed a lawsuit challenging the City Council's decision in the Reis application for view restoration and the hearing before the Superior Court on the Hall case which also involves a view case is scheduled for December 4, 2012. He commented that staff is currently preparing the Administrative Record for the Greenberg case and at this time 1- :'oesn't have anything to report but if the City Council has any specific questions it can go into closed session. 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. Hail, an individual, as Trustee of the Howard H, Hall hiving 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. G.C. 54956.9(a) Christine Greenberg, an individual, v. City of Rolling Hills, City Council of the City of Rolling Hills, et al., Los Angeles County Superior Court Case No. BS 140256. No closed session was held. ADJOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 9:05 p.m. in memory of Arthur Schwartz. The next regular meeting of the City Council is scheduled to be held on Monday, January 14, 2013 beginning at 7:30 p.m.. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, C^tifornia. Ap ove �1 James Beck, M.D. Mayor Minutes City Council Meeting 11/26/12 Respectfuli Heidi Luce Deputy City Clerk .in