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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, Minutes City Council Meeting 03/11/13 -1- 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 - Minutes City Council Meeting 03/11/13 -2- 1 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. Minutes City Council Meeting 03/11/13 -3- iu/'v 0 0D) � z�JV � iT�al 9 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 Minutes City Council Meeting 03/11/13 Respectfully submitted, q,dQk' Heidi Luce Deputy City Clerk -4- 1