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1/14/2013 MINUTES OF A REGULAR MEETING OF THE � CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA . MONDAY,JANUARY 14,2013 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. Yolanta Schwartz, Planning Director. Mike Jenkins, City Attorney. Terry Shea, Finance Director. Heidi Luce,Deputy City Clerk. Bryan Gruber, LSL CPA's. Laura Walter, Los Angeles County Fire Dept. Bea Dieringer, 7 Buggy Whip Drive. Spencer Karpf, 14 Caballeros Road. Mayor Black stated that the City Council may wish to amend the agenda to consider an item that is time sensitive pertaining to Los Angeles County's proposed Clean Water, Clean Beaches parcel tax initiative. Following brief discussion, Councilmember Lay moved that the City Council amend the agenda to add the item under New Business as item 7B. Councilmember Pernell seconded the motion which carried unanimously. CONSENT CALENDAR 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 - (1) Adjourned Regular Meeting of October 22, 2012; (2) Regular Meeting of November 26, 2012; and(3) Special Meeting of December 19, 2012. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of November, 2012. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for November, 2012. RECOMMENDATION: Receive and file. E. City Council Personnel Committee meeting notes of November 26, 2012. RECOMMENDATION: Receive and file. F. City Council FinanceBudget Committee meeting notes of December 6, 2012 RECOMMENDATION: Receive and file. G. Consideration of: RESOLUTION NO. 1136 MODIFYING THE CITY'S PENSION PROGRAM CONSISTENT WITH STATE ASSEMBLY BILLS 340 AND 197 AND UPDATING THE EMPLOYEE HANDBOOK AND PERSONNEL POLICY MANUAL ACCORDINGLY RECOMMENDATION: Adopt as presented. H. Consideration of Fiscal Year 2013/2014 Budget Preparation Calendar. RECOMMENDATION: Approve as presented. I. Consideration of the City Council Approved Vendor List. RECOMMENDATION: Approve as presented. Minutes City Council Meeting 01/14/13 -1- Mayor Pro Tem Hill moved that the City Council approve the items on the consent calendar as presented. Councilmember Lay seconded the motion,which carried without objection. Mayor Black stated that with the City Council's concurrence, New Business item 7A pertaining to the audit report will be taken out of order. Hearing no objection,he so ordered. CONSIDERATION OF THE 2011-2012 ANNUAL FINANCIAL AUDIT. Mayor Black introduced the item and asked for staff's comments. Finance Director Shea stated that the FinanceBudget Committee reviewed the audit previously and Bryan Gruber with Lance, Soll, Lunghard CPA's is here to present the audit report. Mr. Gruber presented the audit report for the fiscal-year ended June 30, 2012 stating that as a part of the audit process internal controls were reviewed and a number of substantive and analytical tests were performed on the City's financial statements. The results are presented in three separate letters. First, is a report on internal control which communicates deficiencies found in the internal controls of which there no material weaknesses found or non-compliance with laws and regulations. The second letter reports any significant audit findings and he reported that there were such findings. The last letter is the independent auditor's report and is the most significant letter. It expresses an unqualified opinion which is the best opinion that can be received in a financial statement audit. He stated that overall the audit went smooth, it was a good process and there are no matters that he needs to bring to the City Council's attention as a part of the audit process. He commented that the general fund ended with an unassigned fund balance of approximately $3 million which is almost 200% of the annual expenditures; and was below budget by approximately $97,000. He further noted that the City funded and established a trust for its Other Post Employment Benefits which represents a significant transaction. Mayor Black asked if there was any public comment regarding the audit. Finance Director Shea thanked Mr. Gruber for their service and pointed out that on p. VI of the report is the City's Award of Excellence presented by the GFOA for its financial reporting. Following brief discussion, Councilmember Pernell moved that the City Council receive and file the 2011-2012 Comprehensive Annual Financial Report. Councilmember Heinsheimer seconded the motion which carried without objection. COMIVIISSION ITEMS None. 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. Planning Director Schwartz stated that Ordinance No. 332 is before the City Council for second reading and proposes to modify the Zoning Ordinance and Animal Ordinance to allow up to two pot-bellied pigs, to be kept in the City and to modify the Zoning Ordinance relative to non-conforming stables to allow existing stables with a loft larger than the animal keeping area to remain. She noted that one letter was submitted regarding pot- bellied pigs which suggests placing regulations in the ordinance with relation to how far they should be located from structures. Mayor Black called for public comment. Hearing none he closed the public hearing. Mayor Black commented that the letter raises a good point about the distance of animals from structures and asked for clarifications as to what the current rules are. Planning Director Schwartz responded that there are regulations for goats, chickens and rabbits and reviewed the current regulations which vary by animal. Following brief discussion, Councilmember Lay moved that the City Council conduct the second Minutes City Council Meeting O1/14/13 -2- reading, waive full reading and adopt Ordinance No. 332 as presented. 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. Staff was further directed to review the distance of separation required for the various animal-keeping facilities for consistency and presentation to the Planning Commission for its review. PUBLIC HEARING ON AN APPEAL OF A DECISION OF THE PLANNING COMMISSION IN ZONING CASE NO. 747 MODIFICATION FILED BY MR. TERRY REITER, 6 SADDLEBACK ROAD, ROLLING HILLS. Mayor Black introduced the item and asked for staff's comments. Planning Director Schwartz stated that before the City Council is a public hearing on an appeal of a Planning Commission decision at 6 Saddleback Road. She reviewed the applicant's request to add 300 sq. ft. to a previously approved 2,000 sq. ft. garage and for as built approval for the pouring of additional 5 ft. of cement on each side of the garage. She stated that the Planning Commission denied the portion of the request seeking to add on to the front of the previously approved garage and approved the portion of the request to add to the side of the garage that is attached to the existing home. She stated that the applicant, in his appeal, is requesting that he be allowed to keep the entire 300 sq. ft. addition. She further reviewed the applicant's request and suggested that the City Council may wish to scheduled a field trip to visit the site. Mayor Black called for public comment. Terry Reiter addressed the City Council pointing out the photograph on p. 17 of the staff report which shows the portion of his request that was denied and stating that there is no difference in appearance from the street. Councilmember Pernell commented that it appears that the applicant disagreed with what was approved and decided on his own to build what he felt was right and asked Mr. Reiter to explain how this came about. In response Mr. Reiter stated that he moved the garage forward because it did not have room for a car given that a portion was blocked by a chimney and further commented that he thought he could build what he needed and request an as built approval. Spencer Karpf, 14 Caballeros Road addressed the City Council stating that he is distressed by this situation and feels that the problem is that the standard for what is approved is not consistent wit�i the rules as evidenced by another recent case taken under jurisdiction by the City Council in which the applicant built something other than what was on the approved plans. He commented that the Council should decide what the standard of the City is going to be; whether it is a set of rules that everybody follows or a situation where everybody does whatever they want and then comes in to request approval after the fact. Following brief discussion, the City Council scheduled a field trip to 6 Saddleback Road to be held on Monday, January 28, 2013 beginning at 5:00 p.m. The public hearing was continued. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF THE 2011-2012 ANNUAL FINANCIAL AUDIT. Taken out of order and discussed previously on the agenda. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA TO OPPOSE THE LOS ANGELES COUNTY CLEAN WATER, CLEAN BEACHES I1�TITIATIVE. Mayor Black introduced the item and asked for staff's comments. City Manager Dahlerbruch stated that Minutes City Council Meeting O1/14/13 -3- a staff report has been placed on the dais and is available to the public for consideration of adopting a resolution in opposition to the Los Angeles County Clean Water, Clean Beach initiative. He stated that since the last meeting of the CiTy Council, the Los Angeles County Flood Control District has put before the Board of Supervisors a proposal to implement a parcel tax to manage storm water runoff and pollution for compliance with the MS4 permit. The City received forms from the County to protest the proposal. In the meantime, the cities of Palos Verdes Estates and Rancho Palos Verdes have taken a position in opposition to the proposed tax and Supervisor Knabe has expressed opposition. He commented that the County has acknowledged that the formula used to calculate the tax is inaccurate and not complete and further reviewed the proposed allocation for the funds collected and the process for moving forward with the proposed initiative. Councilmember Lay moved that the City Council adopt Resolution No. 1137 in opposition to the Los Angeles County Clean Water, Clean Beaches initiative. Councilmember Pernell seconded the motion. Mayor Black expressed support for the Resolution in opposition to the proposed parcel tax and called for public comment. Ms. Dieringer and Mr. Karpf expressed support for the Resolution. Following discussion, the motion 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 COMIVV�NT WELCOME Laura Walters, Community Services Representative, Los Angeles County Fire Department addressed the City Council to request support in getting the message out regarding the importance of proper fire place maintenance and proper use of fire places. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS Councilmember Lay commented that he will not be present at the next meeting of the City Council and may not be present at the February 11�'meeting of the City Council. MATTERS FROM STAFF CONSIDERATION OF THE CALENDAR OF 2013 CITY COUNCIL MEETING DATES AND DETERMINING ALTERNATE DATES WHERE A CONFLICT EXISTS. City Manager Dahlerbruch reviewed the calendar of City Council meeting dates commenting that staff proposes that the May 27 and November 11 meetings be cancelled due to conflict with holidays. He further commented that the March 25`}' meeting, which would normally be the meeting at which the Council would receive the certified election results, install new Councilmembers and reorganize, conflicts with the first night of Passover and the Ci.ty Council may wish to consider another time or date. Following review of the calendar of ineeting dates and brief discussion,the City Council rescheduled the March 25, 2013 City Council meeting to take place on Wednesday, March 27, 2013 at 7:30 p.m. 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) 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. BS140256. The City Council recessed into closed session at 8:13 p.m. to discuss the matter listed above on the closed session agenda. Following the closed session City Attorney Jenkins reported in open session that no reportable action was taken. Minutes City Council Meeting ov�aii3 -4- ADJOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 8:40 p.m. An adjourned regular meeting of the City Council will take place on Monday, January 28, 2013 beginning at 5:00 p.m. for the purpose of taking a field trip to 6 Saddleback Road. T'he next regular meeting of the City Council is scheduled to be held on Monday, January 28, 2013 beginning at 7:30 p.m. in the City Council Chamber at City Hall, 2 Porluguese Bend Road, Rolling Hills, California. _ Respectfully submitEed, . `-W Heidi Luce Deputy City Clerk Approved, James c , . . � Mayor Minutes City Council Meeting O1/14/13 -5-