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