3/11/2013MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, MARCH 11, 2013
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 Chamber 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.
Yolanta Schwartz, Planning Director.
Mike Jenkins, City Attorney.'
Terry Shea, Finance Director.
Heidi Luce, Deputy City Clerk.
Richard Colyear, 35 Crest Road West.
Judith Hassoldt, 10 Pine Tree Lane.
Nick Tonsich, 40 Eastfield Drive.
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 February 25, 2013.
RECOMMENDATION: Approve as presented.
B. Payment of Bills.
RECOMMENDATION: Approve as presented.
Councilmember Heinsheimer moved that the City Council approve the items on the consent calendar as
presented. Councilmember Lay seconded the motion, which carried without objection.
COMMISSION ITEMS
None.
PUBLIC HEARINGS
RESOLUTION NO. 1139 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS RESCINDING CITY COUNCIL RESOLUTION NO. 1127 ADOPTED ON
OCTOBER 8, 2012 SETTING FORTH FINDINGS RELATING TO THE REMOVAL AND
TRIMMING OF TREES AT 32 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT
FROM PROPERTY AT 1 WAGON LANE.
Mayor Pro Tem Hill introduced the item and asked for staff's comments. City Attorney Jenkins
presented that staff report stating that before the City Council is a proposed Resolution to rescind
Resolution No. 1127 adopted by the City Council on October 8, 2012 setting forth restorative actions in
a view impairment matter involving properties at 32 Portuguese Bend Road and 1 Wagon Lane. He
stated that subsequently, the property owner at 32 Portuguese Bend Road filed a lawsuit challenging that
decision and since then the owners of both properties and the City have negotiated and agreed upon a
settlement of that action. One of the conditions of the settlement, which is included in the agenda packet,
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is that the City Council rescind Resolution No. 1127. The City Council is not obligated to rescind the
Resolution, but the rescission of the Resolution is a contingency of the settlement and the settlement will
be invalid if the City Council takes no action to rescind the Resolution. By rescinding the Resolution,
the view impairment matter will be resolved between the two property owners based on the terms of the
settlement agreement which sets forth in great detail the measures to be taken to restore the view from 1
Wagon Lane; a procedure and deadline for that action to be taken; and a procedure for future
maintenance of the trees. He noted that the City's ordinance contemplates and encourages private
resolution of view impairment matters, typically at the beginning of the process, through mediation as a
prerequisite before the case is heard by the Committee on Trees and Views. He further stated that staff
recommends that the City Council take public testimony and then adopt Resolution No. 1139 rescinding
Resolution No. 1127 resolving the matter and allowing the plaintiff in the case to dismiss the lawsuit
which will occur within 20 days after the City Council's action. He stated that the settlement agreement
cannot compel the City Council to rescind Resolution No. 1127, but rather it would be done through the
City Council's discretion. If the City Council, in its discretion, were to adopt Resolution No. 1139
rescinding Resolution No. 1127, the litigation will end. If the Council, in its discretion, chooses not to
rescind the Resolution, the settlement agreement will be void and the litigation will proceed.
In response to Councilmember Pernell, City Attorney Jenkins responded that there are no other
contingencies.
Councilmember Lay commended the parties for achieving agreement in this matter.
Mayor Pro Tem Hill called for public comment.
Richard Colyear, 35 Crest Road West addressed the City Council stating that this resolution to the
matter provides the City Council an opportunity to look at how this evolved and how to make things
better in the future.
Hearing no further public comment, Mayor Pro Tem Hill closed the public hearing.
Councilmember Lay moved that the City Council adopt Resolution No. 1139 rescinding Resolution No.
1127 pertaining to the removal and trimming of trees at 32 Portuguese Bend Road due to a view
impairment from a property at 1 Wagon Lane. Councilmember Heinsheimer seconded the motion.
Mayor Pro Tem Hill asked for any further comments from the City Council. Councilmember Pernell
expressed support from Councilmember Lay's earlier comment stated that he feels the individuals
should work these matters out and when they can't then the City Council has the discretion to be
involved. He also commended the parties for coming to this conclusion. Mayor Pro Tem Hill called the
question and the motion carried by the following roll call vote:
AYES:
Councilmembers Heinsheimer, Lay, Pernell and Mayor Pro Tem Hill.
NOES:
None.
ABSENT:
Black.
ABSTAIN: None.
Recognizing that the applicant wasn't present for Item 6A and hearing no objection, Mayor Pro Tem
Hill stated that the City Council would next consider Item 7A pertaining to the FY 2013-2013 mid -year
review and budget adjustments.
NEW BUSINESS
CONSIDERATION OF THE FISCAL YEAR 2012-2013 MID -YEAR REVIEW AND
APPROVAL OF FISCAL YEAR 2012-2013 BUDGET ADJUSTMENTS.
Mayor Pro Tem Hill introduced the item and asked for staff's comments. Finance Director Shea
presented the staff report stating that at the midpoint in the fiscal year, General Fund revenues are at
$626,000 and expenditures are at $658,000 which is less than what was budget at mid -year. Due to the
timing of the cash flow of some of the large revenues, the City was budgeted to be $137,000 short mid-
year but currently the shortfall is approximately $37,000. He further reviewed the proposed mid -year
budget adjustments, which total $38,000 for an increase in City Attorney fees, minute preparation and
wildlife management.
Following brief discussion, Councilmember Lay moved that the City Council receive and file the mid -
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year review report and approve the mid -year budget adjustments as presented. Councilmember
Heinsheimer seconded the motion, which carried without objection.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
Judith Hassoldt, 10 Pine Tree Lane addressed the City Council to express concern that the last City
newsletter did not contain the correct tally of votes for Proposition B. Mayor Pro Tem Hill responded
that those were the tentative figures. City Manger Dahlerbruch responded that the last newsletter which
was send out the Wednesday after the election reported the preliminary results with an asterisk that there
were 55 provisional ballots left to be processed and counted. He further commented that the final results
will be reported in the next newsletter.
OLD BUSINESS
ZONING CASE NO. 840 FOR ADDITIONAL CONSIDERATION OF A DRIVEWAY
PROPOSED BY 40 EASTFIELD DRIVE FOR 40 AND 42 EASTFIELD DRIVE.
Councilmember Heinsheimer recused himself from consideration of this item and left the dais. Mayor
Pro Tem Hill introduced the item and asked for staff's comments. City Manager Dahlerbruch presented
the staff report stating that as a part of the approval of a larger project at 40 Eastfield Drive which was
approved in November 2012, the City Council Resolution required that the applicant return to the City
Council with a revised driveway plan. The City Council expressed interest in seeing one driveway to 40
and 42 Eastfield Drive rather than the two that were originally proposed and suggested that the driveway
be moved as far toward 42 Eastfield Drive as possible. The revised plan is enclosed in the agenda
packet and again proposes two driveways. He then reviewed the City Councils options in considering
this case noting that if the applicant wishes to continue with the two -driveway configuration, they will
need to re -apply for consideration since the prior submission has already been denied.
Planning Director Schwartz further reviewed the applicant's driveway request stating that it is very
similar to what was proposed at the November meeting except that the driveway to 40 Eastfield has been
moved two feet further to the south and the island between the two driveways was reduced in width. She
further commented that the proposed driveways, as well as the existing driveway serving 38 Eastfield
Drive are all located on the property at 38 Eastfield Drive. She stated that if the City Council were to
consider the currently proposed driveway configuration, the applicant would need to apply for a
Conditional Use Permit for more than one driveway and a Variance because the proposed walls are
located in the front setback. She commented that the Traffic Engineer's report is included in the agenda
packet stating that she is not concerned with the width of the driveway approaches, but expressed
concern relative to the steepness of the driveways.
Councilmember Lay questioned the responsiveness of this proposal given that the City Council
previously denied the applicant's request for two driveway entrances and suggested that the City
Council either deny the request, considering it is non-responsive or continue the matter until Mayor
Black is present.
Following brief discussion, Mayor Pro Tem Hill called for public comments.
Nick Tonsich, 40 Eastfield Drive addressed the City Council to further explain his request and his
interpretation of the City Council's previous action on this matter.
In response to Councilmember Lay's question regarding what Resolution 1135 adopted in November,
said about the driveways, Planning Director Schwartz stated that the Resolution denied the request for a
Conditional Use Permit for the driveways and the Variances for the walls.
Following public comment and discussion, and with the applicant's concurrence, Mayor Pro Tem Hill
moved that the City Council continue consideration of this item to allow the applicant more time to
finalize the configuration of the driveways. Councilmember Lay seconded the motion, which carried
without objection.
Councilmember Heinsheimer returned to the dais.
MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
None.
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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.
None.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Pro Tem Hill adjourned the meeting at 8:22
p.m. to an adjourned regular meeting of the City Council scheduled for Monday, March 18, 2013
beginning at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling
Hills, California. The next regular meeting of the City Council is scheduled to be held on Monday, April
8, 2013.
Approved,
Frank'. Hill
Mayor
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Respectfully submitted,
q,dQk'
Heidi Luce
Deputy City Clerk
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