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4/8/2013MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, APRIL 8, 2013 ,041Il 1>r rixeRl 1TDii A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor 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: Black, Dieringer, Pieper, Mayor Pro Tem Lay and Mayor Hill. Councilmembers Absent: None. Others Present: Anton Dahlerbruch, City Manager. Mike Jenkins, City Attorney. C. Yolanta Schwartz, Planning Director. Terry Shea, Finance Director. D. Heidi Luce, Deputy City Clerk. Howard Hall, 7 Portuguese Bend Road. E. Kevin Yopp, Attorney David Lesser, 4 Hillside Lane. Chris Fisher, Willdan Financial. Jack Muncherian, 5 Johns Canyon Road. G. Richard Colyear, 35 Crest Road West. Bill Wingerning, 4 Johns Canyon Road. Diane Wingerning, 4 Johns Canyon Road. . Marcia Schoettle, 24 Eastfield Drive. Jeanne Saks, 33 Crest Road West. 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) Regular Meeting of March 11, 2013; and (2) Adjourned Regular Meeting of Councilmember Dieringer requested that item 3-F be removed from the consent calendar for individual consideration. Mayor Hill so ordered and asked for a motion on the remaining items. Councilmember Black moved that the City Council approve the remaining items on the consent calendar as presented. Mayor Pro Tem Lay seconded the motion, which carried without objection. Councilmember Dieringer abstained because she was not present at the meeting of March 11, 2013. Minutes City Council Meeting 04/08/13 -1- March 18, 2013. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of February, 2013. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for February, 2013. RECOMMENDATION: Receive and file. E. Consideration of the 2013-2014 City Council Committee assignments and City of Rolling Hills report of Public Official Appointments (California Fair Political Practices Commission Form 806) RECOMMENDATION: Approve as presented. G. Consideration of a Nomination of Tom Heinsheimer for the 48h Annual Older Americans Recognition Day Awards Program. RECOMMENDATION: Approve as presented. Councilmember Dieringer requested that item 3-F be removed from the consent calendar for individual consideration. Mayor Hill so ordered and asked for a motion on the remaining items. Councilmember Black moved that the City Council approve the remaining items on the consent calendar as presented. Mayor Pro Tem Lay seconded the motion, which carried without objection. Councilmember Dieringer abstained because she was not present at the meeting of March 11, 2013. Minutes City Council Meeting 04/08/13 -1- F. Planning Commission appointment schedule to fill an unscheduled vacancy. RECOMMENDATION: Approve as presented. Councilmember Dieringer suggested that the City Council consider allowing more time for the publication of the vacancy and that an application, specific to the position, be developed. Following discussion Councilmember Dieringer moved that the City Council develop a list of questions/criteria for applicants to complete when applying for the Planning Commission. The motion failed for lack of a second. Discussion ensued concerning developing a job description to help residents understand the position. Councilmember Dieringer moved that there be some written material required for other Councilmembers to use in evaluating the candidates since they will not be present during the interview process. City Attorney Jenkins clarified that the Personnel Committee meetings are open to the public and any Councilmember may attend as long as they do not participate. Councilmember Dieringer's motion died for lack of a second. Following further discussion, Mayor Pro Tem Lay moved that the City Council approve Item 3F from the consent calendar as presented. Councilmember Pieper seconded the motion, which carried without objection. COMMISSION ITEMS A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT (CUP) TO CONSTRUCT A STORAGE ROOM ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES IN ZONING CASE NO. 834, AT 44 PORTUGUESE BEND ROAD, LOT 124-RH), (MILLS). PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA). Councilmember Pieper recused himself from consideration of this item and left the Council Chamber. Mayor Hill introduced the item and asked for staff's comments. Planning Director Schwarz reviewed the applicant's request in Zoning Case No. 834 at 44 Portuguese Bend Road which was approved by the Planning Commission with a condition that any further development be brought before the Planning Commission. She stated that the development standards are all within the Zoning Code requirements and that there is no grading or disturbance required. Councilmember Black moved that the City Council receive and file Planning Commission Resolution No. 2013-04 granting approval of the applicant's request in Zoning Case No. 834 at 44 Portuguese Bend Road. Mayor Pro Tem Lay seconded the motion, which carried without objection. Councilmember Pieper returned to the dais. PUBLIC HEARINGS RECONSIDERATION OF REMEDIAL MEASURES IN COMPLIANCE WITH THE WRIT OF MANDATE ISSUED IN THE CASE ENTITLED HALL V. CITY OF ROLLING HILLS, LOS ANGELES SUPERIOR COURT CASE NO. BS 136694 Mayor Hill introduced the item and asked for staff's comments. City Attorney Jenkins reviewed the details of the matter before the City Council and stated that following the City Council's original action in the view impairment case the property owner who owns the trees in question filed a lawsuit seeking to have the City Council's order invalidated. The Court in that case upheld the Ordinance and the City Council's finding that a view existed and that it was impaired, but found that there was insufficient evidence before the City Council to order the specific remedy which was the removal of 5 trees. The court issued a writ commanding the City Council to set aside the specific portion of the decision imposing the remedy and to reconsider the remedy. A resolution doing so was adopted by the City Council in February and the Public Hearing to consider the remedy was scheduled for tonight. Since then, Ballot Measure B which amends the City's View Ordinance and adds new criteria relative to how a view impairment is determined, was passed at the City's General Municipal Election in March. Under Measure B, evidence that was not considered previously must be now considered and it is staff's recommendation that rather than just considering the remedy as ordered by the Court, that the City Council instead adopt the Resolution contained in the packet rescinding Resolution No. 1118 in its entirety and remand the matter back to the Committee on Trees and Views for consideration and scheduling a new public hearing under the new Ordinance should the original complainant choose to submit new evidence consistent with the requirements of Measure B. Minutes City Council Meeting 04/08/13 -2- Mayor Hill called for public comment. Howard Hall, property owner 48 Saddleback Road addressed the City Council stating that he and his attorney, Kevin Yopp are present to answer any questions. David Lesser, 4 Hillside Lane addressed the City Council to ask if there has been a legal determination made regarding the retroactivity portion of Measure B. City Attorney Jenkins responded that the Ordinance applies to this matter specifically and that any application of Measure B to any other case is not relevant to this matter and is outside the scope of this hearing. Following brief discussion regarding application of the retroactivity clause to this case, Mayor Pro Tem Lay moved that the City Council adopt Resolution No. 1141 rescinding Resolution No. 1118 pertaining to the removal of trees at 48 Saddleback Road due to a view impairment from a property at 49 Saddleback Road. Councilmember Dieringer seconded the motion which carried by the following roll call vote: AYES: Councilmembers Pieper, Black, Lay, Dieringer and Mayor Hill. NOES: None. ABSENT: None. ABSTAIN: None. OLD BUSINESS CONSIDERATION OF COMPLETING THE PROCESS OF FORMING A SEWER MAINLINE BONDED ASSESSMENT DISTRICT FOR ALL OR A PORTION OF PROPERTIES ABUTTING JOHNS CANYON ROAD BETWEEN CHESTNUT LANE AND CREST ROAD WEST IN ROLLING HILLS; DETERMINATION OF ASSESSMENT DISTRICT BOUNDARIES; AUTHORIZE THE CITY MANAGER AND CITY ATTORNEY TO PREPARE AND EXECUTE AN AMENDEMENT TO THE EXISTING AGREEMENT WITH WILLDAN FINANCAL SERVICES AND ENGINEERING FOR COMPLETION OF AN ASSESSMENT ANALYSIS AND FOR DISTRICT FORMATION PROCEEDINGS IN AN AMOUNT NOT TO EXCEED $12,000; AND APPROPRIATION OF FUNDS THEREFOR. Mayor Hill introduced the item and asked for staff's comments. City Manager Dahlerbruch presented the staff report stating that the City Council in considering this item it not being asked to approve construction of a sewer mainline on Johns Canyon Road, but rather to financially participate in completing a study necessary for the affected property owners to vote on forming an assessment district and to define the boundaries of the district. The proposed cost to complete the study and conduct the vote is $12,000 of which 7 or 8 property owners have offered to pay a proportional amount of that cost. He commented that the City may pay the entire amount or a portion, but any amount paid by the City would be reimbursable if the district is ultimately formed. City Manager Dahlerbruch then provided background on the existing properties served by sewer in the area including the properties at 2 and 8 Johns Canyon Road which are currently in the process of constructing a sewer mainline and provided a summary of the scope of the project for completing an assessment district for a sewer mainline to extend south of the existing terminus on Johns Canyon Road to serve either 9 properties or 13 properties depending on how far it is extended. Discussion ensued concerning the scope of the assessment, the cost associated with conducting the study and ballot for 9 properties versus 13 properties, and the timing for the project considering the new development at 5 Johns Canyon Road. Chris Fisher, Willdan Financial Services addressed the City Council to answer questions and stating that the study and balloting process will take approximately four months. Mr. Fisher provided a brief overview of what the study will encompass including the balloting process. Jack Muncherian, 5 Johns Canyon Road addressed the City Council stating that he feels the timing will be acceptable, and their main concern is knowing that there will be a commitment to a sewer district. Minutes City Council Meeting 04/08/13 -3- Mayor Hill called for public comment. Richard Colyear addressed the City Council to provide an update on the project he is currently working on which is now proposed to be an 80 ft. extension to serve 2 and 8 Johns Canyon Road and 35 Crest Road West. He further expressed concern over the contention that those three properties would be obligated into the proposed district if their separate project is not completed. Following discussion, Mayor Pro Tem Lay moved that the City Council authorize an expenditure not to exceed $12,000 with proportional reimbursement from the seven committed property owners to complete the study in support of a potential Sewer District along Johns Canyon Road to serve nine properties. Councilmember Pieper seconded the motion which carried by the following roll call vote: AYES: Councilmembers Pieper, Black, Lay, Dieringer and Mayor Hill. NOES: None. ABSENT: None. ABSTAIN: None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Richard Colyear, 35 Crest Road West addressed the City Council concerning an item on the closed session agenda expressing concern that the public was not allowed to comment on those items. City Attorney Jenkins responded that public comments regarding items on the closed session agenda will be taken prior to the closed session. OLD BUSINESS (continued) CONSIDERATION OF AN AGREEMENT WITH WILLDAN FINANCAL SERVICES FOR AN ENGINEERING STUDY, ASSESSMENT ANALYSIS AND DISTRICT FORMATION PROCEEDINGS IN AN AMOUNT NOT TO EXCEED $13,500 FOR A BONDED ASSESSMENT DISTRICT RELATED TO UTILITY IMPROVEMENTS FOR ALL OR A PORTION OF PROPERTIES ABUTTING JOHNS CANYON ROAD BETWEEN CHESTNUT LANE AND CREST ROAD WEST IN ROLLING HILLS; DETERMINATION OF PROPERTIES TO INCLUDE IN THE PROJECT; AUTHORIZE THE CITY MANAGER AND CITY ATTORNEY TO PREPARE AND EXECUTE AN AGREEMENT WITH WILLDAN FINANCAL SERVICES; AND APPROPRIATION OF FUNDS THEREFOR. Mayor Hill introduced the item and asked for staff's comments. City Manger Dahlerbruch presented the staff report stating that similar to the last item, in considering this item, the Council is not being asked to approve the undergrounding of utility lines but rather whether or not it wants to financially participate in an engineering study and associated vote to determine if there is interest in forming an assessment district for undergrounding of the utility lines on Johns Canyon Road. The cost of the study is proposed at $13,500 to include all of the poles, approximately 15 between Chestnut Lane and Crest Road West and affecting approximately 14 properties. He reviewed the details of the study and further options for the study which could include a smaller scope of 9 poles. He further commented that there does not appear to be an overwhelming majority of property owners in the area supportive of such a project. Mayor Hill called for public comment. Bill Wingerning, 4 Johns Canyon Road addressed the City Council with regard to how the cost is assessed. In response, Mr. Fisher stated that cost is allocated by a formula that considers frontage, along with benefits including safety, aesthetics and view enhancement. Diane Wingerning, 4 Johns Canyon Road addressed the City Council with regard to Southern California Edison's interest in participating in such projects as an alternative to pole replacement. In response Mayor Hill commented that SCE has stated that they are an overhead utility company and typically only participate in undergrounding efforts when there is community financial support. Marcia Schoettle, 24 Eastfield Drive addressed the City Council expressing her interest in Minutes City Council Meeting 04/08/13 -4- undergrounding on Eastfield Drive and offering fo.go door to door to get support from the community to support such a project. Jack Muncherian, 5 Johns Canyon Road addressed the City Council to ask if there is a way to normalize the cost of undergrounding rather than considering frontage. Richard Colyear, 35 Crest Road West/2 Johns Canyon Road addressed the City Council to request that if the City Council proceeds. with such a project that he be provided the materials in support of the study as soon as it is available. Jeanne Saks, 33 Crest Road West addressed the City Council to ask the approximate cost for undergrounding a single pole on here property. City Manager Dahlerbruch responded that the cost varies based on many factors. The City Council responded that it could be between $60,000 and $100,000. Following discussion, Mayor Pro Tem Lay moved that the City Council take no action with regard to utility improvements along Johns Canyon Road given that there is no property owner support for such a project. Councilmember Black seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Pieper, Black, Lay, Dieringer and Mayor Hill. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS None. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS None. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY City Attorney Jenkins stated that there are items on the agenda for discussion in closed session and that now would be the time to take public comment on the closed session agenda items. Mayor Hill called for public comment. Richard Colyear, 35 Crest Road West, addressed the City Council stating that anyone interested in purchasing the City -owned property that the City is considering selling should be given an opportunity to do so. City Attorney Jenkins stated that the proceeding is in a very preliminary stage and there is a specific process that the City has to go through before the property can be sold. 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. §54956.8 Conference with Real Property Negotiator Property: Sale of City—owned unimproved parcel of approximately 3.8 acres as shown on the map attached to this agenda City negotiator: City Manager Negotiating Parties: GHT, LLC Under negotiation: Price and terms of payment G.C. §54956.9(d)(4) Initiation of Litigation: One case. Minutes City Council Meeting 04/08/13 -5- G.C. §54956.9(d)(1) Howard H. Hall, an individual, as Trustee of the Howard H. Hall Living Trust v. City of Rolling Hills, Oksana R. Bihun, Los Angeles County Superior Court Case No. BS 136694. G.C. §54956.9(d)(1) 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. The City Council recessed into closed session at 9:27 p.m. to discuss the matters listed above on the closed session agenda. Following the closed session City Attorney Jenkins reported in open session that no reportable action was taken. ADJOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 10:35 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, April 22, 2013. Approv d, Drank E. Hill �- Mayor Minutes City Council Meeting 04/08/13 Respectfully submitted, Heidi Luce Deputy City Clerk Ka 1 1 1