01-12-15.pdf MINUTES OF
A REGULAR MEETING
OF THE
CITY C�UNCIL 4F THE
CITY OF ROLLING HILLS,CALIFURNIA
MONDAY,dANUARY 12, 2U15
CALL TO ORI�ER
A regula�r meeting of the City Council of the City of Rolling Hills was called to order by Mayor Lay at
7':32 p.m. in the City Gouncil Chamber at City Hall,2 Portuguese Bend Road,Rolling Hills, California.
ROLL CALL
Councilmembers Present: Black, Dieringer, Hfll,Pieper and Mayor Lay.
Councilmembers Absent: None.
�thers Present: Raymond R. Cruz, City Manager.
Michael Jenkins, City Attorney.
Yolanta Schwartz,Planning Director.
Terry Shea,Finance Director.
Heidi Luce, City C�erk.
Gary and Debi Fournier, 30 Crest Road East.
Howard Weinberg,Attorney.
Michael and Sandy Sherman, 33 Crest Road East.
Samantha Lamberg,Attorney.
Annie Occhipinit, 34 Crest Road East.
Cazolyn Hadley-Colburn, 26 Crest Raad East.
Michaei Gray, 2 Morgan Lane.
Lew Gluesing, Willdan Engirieering.
CONSENT CALENDAR
Matters which may be acted upon by #1�e City Council in a single motion. Any Councilmember may
request rernoval af any itern frorn the Cansent Calendar causing it to be cansidered unde:r Council
Actions.
A. Minutes -Regular Meeting of November 24, 2014.
RECOMl1�NDATT�N: Approve as pxesented.
B. Paymezxt of Bills.
RECONIlVIENDATION: Approve as presented.
C. Financiai Statemea�t for the Month of November, 2014.
R�CONIlI�NDATION: Approve as presented.
D. Afllied Recycling Tonnage Report for November,2Q14.
RECONIlI�NDATIQN: Receive and file.
E. Consideration of the City Council Approved Vendor List.
RECONiMENDATION: Approve as presented.
F. Consideration of Fiscal Year 2015/2016 Budget Preparation Calendar.
RECOMMENDATION: Approve as pxesented.
G. City Council Finan.ceBudgetlAudit Committee meeting notes of December 17, 2014.
REC011�1VI�NDATION: Receive and f le.
H. Status of road conditions on Upper Blackwater Canyon Road.
RECOMMENDATION: Receive and f le.
Councilmernbez� Black asked that itern 3H be removed frorn the consent calendar £oz individual
consideration. Hearing no objection, Mayor Lay so ordered and stated that the matter will be d�iscussed
under Matters from Staff.
Coi.�nciImember]Eiill moved that ttse City Council approve the remaining items on the consent calendar
as presented. Councilmember Black seconded the rnotion, which carried without ohjection.
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COMMISSION ITEMS
RESOLUTION NO. 2014-19. A RESOLUTION OF TI�PLANN[NG CONIMISSION OF THE
CITY OF RQLLING HII1LS GRANTING APPROVAL OF CERTAIN MODIFICATIONS TO
A PREVIOUSLY APPROVED PROJECT CONSISTING OF GRADING AND
CONSTRUCTION OF A NEW RESIDENCE, BASEMENT, SWIMMING POOL,
RECONFIGURED DRIVEWAYS AND ADDITIONAL DRIVEWAY APPROACH,
VARIOUS RETAIlVING WALLS AND EXCEEDANCE OF THE DISTURBANCE OF 'TI�
LOT, WHERE A CONDITION HAS BEEN IMPOSED THAT ANY MODIFICATION TO
THE APPROVED PROJECT SHALL BE SUBJECT TO PLANNIl�TG CONIlvIISSION
REVIEW AND APPROVAL IN ZONING CASE NO. 824 AT 40 EASTFIELD DRIVE (LOT
91-EF), R�LLING HILLS CA, (TONSICH). THE REQUEST ENTAiLS VARIOUS
MODIFICATIONS TO THE PROJECT REQUIREING A NEW SITE PLAN REVIEW AND
VARIANCE APPLICATIONS, IN ZONING CASE NO. 862. THE PROJECT HAS BEEN
DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA}.
Mayar Lay introduced the item and asked for staff's comments. Far the recard, Planning Director
Schwartz commented that Cauncilmember Dieringer recei�ed a correspondence from John Resich, 8
Outrider Road which was provided to staff today and has been piaced on the dais for the City Council's
consideration as well as made available to the public. Mayor Pro Tem Pieper disclosed that he received
communication from the applicant, Mr. Tonsich. Councilrnember Dieringer disclosed that she also had
aral communication with Mr. Resich pertaining to what was stated in the correspondence.
Planning Director Schwartz stated that tl�e applicant is requesting several modifications to a previausly
approved project at 40 Eastfield Drive. She stated that �he Planning Commission, after several public
hearings, feld trips and deliberaYion, approved the project 5-0 with severa� conditions including the
conditions that were included in the original Resolution. She reviewed the configuration of the lot
including the easements and setbacks. She stated that the lot is unique and takes access over another
praperty, 38 Eastfield Drive. She reviewed the requested modifications which include: lowering the
driveway, regrading the driveway area, lowering the garage by 2 ft. to eliminate the steps between the
garage and house and additional grading in the rear area. Additional madification include: relocation of
the service yard to accommodate a request from the neighbor at 38 Eastfield Dri�e; construction of
sevexal new porches at the front entryway and reduction of the size of the pool so as nat to exceed the
structural lot coverage due to the additional porches; deepening a portion of the basement by 3 ft. ta
accommodate a wine cellar; increasing the flat area around the house to enter onto a porch above the
basement; regarding of the slope behind the residence; construction of sYairs to provide entry to the
basement lightwells from the front of the house; construction of a 48 sq, ft, electrical room between the
wall af the basement and outer wall of the stairs what was originally intended to be vacant but is needed
to provide access to the electrical equipment; relocation of�he set aside area far the future stable and
corral because that area previously proposed was determined to be best for percolation for the septic
system; to retain the driveway that was constnxcted for construction purposes for future access to the
stable. Additionally, th�applicant is requesting a Variance to re-grade the slope to less than 2:1 due ta a
recomrnendation from the soils engineer that the area be reconstructed and a keyway placed in order fo
stabiiize the slope above it.
Planning Director Schwartz stated that the structural lot coverage is proposed at 2Q% and the total �ot
coverage is proposed at 29% which both meet the cade and a Variance is being requested to exceed the
rnaximum allowed disturbance and for the 1.5:1 slopes. She further nated that this project has condition
that any further development be brought before the Planning Cornrnission for review and as such, some
of the minor modifications that would normally be allowed to be approved by staff had to come back to
the Planning Commission.
In respanse to Councilmember Black regarding the temporary sports court shown on the plans, Planning
Director Schwartz stated that it is a flat area that contains a rubberized surface to be used for basketbail
or soccer; and becau�e it is not a hard surface and it not painted, it does not meet the definition of a
sports court.
In response to Councilmember Dieringer reg�ding the increased disturbed area and the steeper slope,
Planning Director Schwartz explained that according to the applicant's representative, the situation was
created when the area had to be overcut during construction of the basement due to OSHA reguirements.
Councilmember Dieringer expressed concern that the issues related ta soils and geology weren't
reported to the City earlier. Councilmember Dieringer asked for clarifrcation with regard to the mention
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that one of the requests is to correct an item that was submitted in error. Planning Director Schwartz
suggested that the applicant's representative may better answer that question.
Ross Bolton, Bolton Engineering addressed the City Co�ncil in response to Councilmember Dieringer's
inquiry to explain that the roaf over the side of the entryway was inadvertently Ieft off the plans.
City Attorney Jenkins reminded the City Council that th�s is not a hearing and the purpose of this
me�ting is to determine by a vote of three Cauncilmembers if the City Cauncil wishes to ta.ke this matter
under�urisdiction. Mayor Lay sta.ted that his concern is regarding the steepness of the slope.
Following brief diiscussion, Councilrnember Black maved that the City Council take Zoning Case No.
$�2 at 40 Eastfeld Drive under jurisdiction and schedule a field trip to view the project. Councilmember
Dieringer seconded the motion, which carried without objection.
RESOLUTIQN NO. 2014-20. A RESOLUTfON OF THE PLANNING C�NIlVIISSION�F THE
CITY OF ROLLiNG HILLS APPROVING A REQUEST FOR A SITE PLAN REViEW AND
VARIANCE REGARDING STAIRS, WALLS AND RELATED IlVIPROVEMENTS IN
ZONING CASE NO. 863 AT 38 PORTUGUESE BEND ROAD, LOT 118-RH, (WHEELER).
THE PROJECT WAS DETERMINED TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONEMNTSL QUALITY ACT (CEQA).
Mayor Lay introduced the item and asked for staff's comments. Planning Director Schwartz stated that
the applicant is requesting a site plan re�iew and variances for wa11s that are higher than. the ma�cimum
height allowed. She reviewed the applicant's request stating that this case came to the Planning
Department as the result of a cade enforcement item. She reviewed the history of the application stating
the applicant originally requested stairs with patio areas in between to gain access from the upper
portion of the property to the lower portion of the property which was originally approved over-�he-
counter for not to exceed 3 ft. walls with 2:1 siope in between the walls. She stated that when
constructaon began, the wa1�s were constructed greater than 3 ft. one of which is 8 ft. and is propased to
serve as a water fountain. She stated that once is was realized that the construction exceeded the
approval, staff worked with the applicant to come to the Planning Commission to apply fo:r a site p1an
— review and variance for the as-built condition. She further reviewed the applicat�t's request stating that
the Planning Cammission initia�ly requested a Resolution to partially approve and partially deny the
request but upon submittal of a landscaping plan, a presentation by the landscape architect and receipt of
a �etter from a neighbor in support of the request the applicant asked the P�anzung Commission to
reconsider their direction. Having reviewed the landscaping plan and recognizing that there were no
objections to the project and the fact that it is not visible from any area or other neighbors, the Planning
Commission ultimately approved the praject on a 4-0 vote with Vice Chairperson Smith recused due to
the proximity of her property to the subject property.
In response to Councilmember Black, Planning Director Schwaxtz stated the project was original�y
approved in 2012 and when it was determined during a field trip that the project being conshucted
exceeded th� scope of the approval staffput a stop work on the project.
In response to Mayor Lay, Planning Directox Schwartz stated the Roliing Hills Communi�y Association
is a.lso reviewing the applicant's request and has made sugges#ions to the applicant.
Following brief discu.ssion, Cauncilmember Black moved that the Ci�y Council take Zoning Case No.
863 at 38 Poriuguese Bend Road under jurisdiction and schedule a field trip to view the projec#.
Councilmember Dieringer seconded the motion, which carri�d without objection.
OPEN AGENDA-APPROI�IIMATELY$:QO P.M. -PUBLIC CONIlI�NT WELCOME
Recognizing that it was approximately 8:00 p.m., Mayor Lay asked if there were any comments from
the public on matters not on the agenda. Hearing none, the City Council continued consideration of tl�e
Commission Items.
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COMNIISSION ITEMS(CONTINUE�
RESOLUTION N�. 2014-21. A RESOLUTION OF T'HE PLANIVING C�MMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT,
SITE PLAN REVIEW AND VARIANCES TO CONSTRUCT A STABLE WITH A LOFT IN
THE FRONT YARD AREA OF THE LOT AIVD A CORR.AL IN THE FRONT YARD
SETBACK; A SWIlI�IlVIING POOL AND A WALL iN THE REAR YARD SETBACK; TO
RETAIN AN UNPERMITTED TRELLIS AND BARBEQUE IN THE REAR YARD
SETBACK AND FOR GRADING WHICH WOULD CAUSE EXCEEDANCE OF THE
M.AXIM[TM PERMITTED DiSTURBANCE OF THE LOT IN ZONING CASE NO. 860 AT 10
CREST ROAD WEST, (LOT 2-CH), ROLLING HILLS, CA. (FRYKMAN). IT HAS BEEN
DETERMINED THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM 'THE
REQUTREMENTS OF TI�CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA).
Councilmember Hill recused himself from consideration of this case due to the proximity of his property
to the subject properiy and left the dais. Mayor Lay introduced fihe item and asked for staffs comments.
Planning Director Schwartz reviewed ti�e applicant's request for a Condirional Use Permit for a stable,
Si#e Plan Review for grading and construction of the stable and a swimming pool and a Variance to
place the stable in #he front yard and to place the swimming pool and a wall in the rear setback and ta
legalize a trellis and barbeque that were previously cor�structed without building permits. She further
reviewed the existing condition on the property and stated that the Planning Commission approved the
project on an 3-2 vote with Commissianer Gray and Vice Chairperson Smith opposed because they
co�xld not make a finding ta �ustify the location of the swimming pool. She stated that they were not
opposed to the location of the stable and that the set aside area for the stable was previously proposed in
the front yard area in 1993. She stated that�he proposed stable meets ihe stable requirement for a stable.
She noted that reduce the visibility af the stable from the road and from the adjacent praperty awner, the
applicant subrnitted a Iandscaping plan and was granted approval from the Rolling Hills Community
Association to plant in that area. She further reviewed the proposed disturbance and coverages on the
lot.
In response to Councilmember Dieringer regarding the reason given to place the pool in the setback,
Planning Director Schwartz stated that the alternate locarions in the front provide difficulty due to the
location of the septic tank and the steepness of the slope. Also in response to Councilmember Dieringer
regarding reducing the size or number of the pools being reduced, Planning Director stated that the
Commission discussed this issue with the applicant and this is how the applicant wishes the pool to be.
�n response to Councilmember Black, Planning Director Schwartz stated that neighbor did not come
forward to express concern regarding the location of the stab�e, but in recognition of the proximity, the
Planning Commission requested landscapi�rig to screen the sta.ble form view.
Tn response to Councilmember Dieringer regarding the neighbors an the other side of the rear setback,
Planning Director Schwartz stated that no neighbors came forward and the house is 91 ft. away and
down a slope.
Foilavving brief discussion, Mayor Pro Tem Pieper moved that #he City Council receive and file
Planning Commission Resol�tion No. 2014-21 granting approval of the applicant's request in Zoning
Case No. 860 at 10 Crest Road West. Councilmember Black seconded the motion, which carried without
objection. Councilmember Hill returned to the dais.
PUBLIC HEARINGS
VIEW IMPAIRMENT APPEAL OF A DECISrON OF THE COMMITTEE ON TREES AND
VIEWS IN A VIEW IlVIPAIlZMENT CASE FILED BY MR. AND MRS. GARY FQURNIER,
3U CREST ROAD EAST, AGAINST TREES LOCATED �N PROPERTY OWNED BY MR.
AND MRS. MICHAEL SHERMAN, 33 CREST R�AD EAST.
Mayor Lay intraduced the item and asked for staffs comments. Planning Directar Schwartz stated that
pages 93-96 included in the staff report do not belong with this application and should be disregarded.
Mayar Lay noted that the appeal hearing is limited to the two issues listed under Item 1 related to the
assignment of rnaintenance costs and recordation of the Resoludon against 3a Crest Road East.
Planning Director Schwartz stated t1�at this is an appeal, fi�ed by the property avsmer at 30 Crest Road
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East, of Resolution adop�ed by the Committee on Trees and Views in a view case filed for a view
obstruction from 30 Crest Road Eas# (Fournier) against trees located at 33 Crest Road East (Sherman).
She noted that both parties a�re repxesented by attorneys. She reviewed the basis for the appeal which is
specific to two items included in the Reso�ution — the first related to the cost sharing of ma.intenance
costs after the initia�rernediation actian is accomplished and the second is related to the requirement that
the Resolution be recorded against both properties. She sta.ted that the City Council in its consideration
of this case should concentrate on those fwo specific issues bu� it is a de nova hearing and the City
Council could take testimony and accept any other evidence with the aptions for action being ta up hold
the Committee's Resolution, remand the Resolution back to the Committee or the City Council could
overturn or modify the Resolution.
Planning Director Schwartz reviewed the background af the case stating that when the applicatian was
first filed it was filed by two complainants against the trees located at 33 Crest Raad East and went
through the mediation process with bafh complainants. When mediation was nat successfi�l, each of the
complainants filed separatety for a hearing before Committee on Trees and Views to consider the case.
The two complainants involved are the Fou�niers a� 30 Crest Road and the Occhipintis at 34 Crest Road
Eas� but the cases are being heard separately. She commented that the tree survey idenrifies the trees
that are common ta bath cases as well the trees that are specific to the Occhipinti case and wher� the
Resolution was adopted, it was anticipated that similar action on the common trees would be taken in the
Occhipinti case. She stated with regard to cost, that the Ordinance states that the initial restorative action
is to be paid by the complainant and the maintenance is to be paid by the tree owner but it alsa sta.tes that
if there is g�rounds to justify cast sharing o�the mai.ntenance costs, the Committee has the authority to
assign a cost sharing farmula. She stated that the Fournier's attorney, Mr. Weinberg does not agree and
that is the basis far the appeal. She stated that the Committee found justification to modify the cost
alfocation b�cause of the n�ber of trees requiring ongoing maintenance. She furkher stated that the
second basis for the appeal is the requirement that the Resolution be recorded on both properties so that
fixture owners are aware of the future maintenance cost obligation.
in response to Counciltnember Black regarding recording the Resolution on bo�h properties, Planning
Director Schwartz stated that the Resolutions are usua�ly only recorded on the property where the trees
are located not on the camplainants property and the recordation is only required beca�xse of the future
maintenance cost obligation.
In response to Counciimember Dieringer regarding the legality of requiring the Resolution to be
recorded, City Attorney Jenkins stated that they believe it is a reasonable reqi.airement and permitted by
the Ordinance under these circumstances. Mayor Lay noted that this is an informational cavenant. City
Attorney Jenkins confirmed it is infoxmationa� and does not cloud the title. He further stated that if the
party purchasing the p;roperty wished to forego the requiremen#they could do so.
Planning Director Schwartz stated that the Committee on Trees and Views consists of three Pianning
Commissioners and the decision of the Committee was not unanimous. She stated that the Committee
adopted th� Resolution on a 2-1 vote with Committee Member Mirsch opposed only to the cost sharing
formula.
City Attamey 7enkins clarified that this s�tuation is compiicated by the fact that there :is uItimately
proposed ta be a three-way split of the maintenance cost which would make it complicated x:f a future
owner wanted to forego the payment because it would affect the other party thus making it impartant to
have a recorded document.
Debi Foumier, 30 Crest Road East addressed the City Council and read a letter explaining the history
behind their request for view restoratior� and requesting that the City Council assign the ongoing
maintenance cost solely to the Shermans and that the requirement that the Resolution be recorded
_ against the Sherman property be eliminated. She referred to the proposai from American Arbor Care
that was provided to the Shermans, statirig that she does not feel that $7,850 bi-annually is an undue
fmancial burden for a property owner to mainta�in the trees on their property.
Howaxd Weinberg, Attorney addressed the City Cou�cil on behalf of the Fourniers explaining why he
does not beIieve the ongoing maintenance costs should be, or are allowed to be allocated ta the appiicant
and expressed concern that doing so would set a very bad precedent. He further explained why he also
does not believe the City can require �he Resolution, burden to be recorded against the applicant's
property. He further commented that maintenance cost is appmximatety $4,000 per year and as such
does naf pose a financial burden to the Shermans.
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Samantha Lamberg, Attorney addressed the City Cauncil on behalf of the Shermans to explain why she
believes the City is within its rights �o require recordation and to require cast sharing of the ongoing
maintenance. She stated that the Committee,upon careful consideration of atl of the facts, was informed
by the Assistant City Attorney that the cost sharing cflntemplated by the Committee was within the
Committee's authority. She expressed concern that removing the trees as suggested wauld adversely
affect the slope and Klondike Canyon. Ms. Lamberg further commented the this would not be setting a
precedent because as she understands it, it has been donE before.
Mayor Lay commented that his recollectior� is that when cost sharing was done before, it was an
agreement between the parties. Planning Director Schwartz confirmed that it was a directive of the
Committee,however the Resolution didn't go forward because the parties reached a private agreement.
Micha.el Sherman, 33 Crest Road East addressed the City Council stating that they did meet with tfie
Fourniers and participated in mediation agreeing to trim and lace a number of trees and to take a couple
of trees out but were unable to come to a resolution. He stated that they feel it is reasonable for the
cornplainant to participate in the maintenance cost because they are benefitting.
Annie Occhipinti, 34 Crest Road East addressed the City Council sta.ting that her parents also have a
view case pending against the Shermans which includes some trees common to the Faurnier complaint
as well as some additional trees. She stated that wha� is decided tonight will have an impact on the
Occhipinti view case a.nd urged the City Council to assign the maintenance cost to the Shermans.
Carolyn Hadley-Colburn, 26 Crest Road East addressed the City Council stating that she has lived here
for a long time and many of the trees have become overg�rown and there is a fire hazard in the
community. She noted that she used to ride on the bridle paths and they were clear.
Michael Gray, 2 Margan Lane addressed the City CauEncil an ofFered, as a member of the Cornmittee on
Trees and Views to answer any questions the City Council may have.
City Attorney Jenkins stated that it is not typical far a member of the decision making body below the
City Counci� #o address the City Council on behalf of the Committee unless he was authorized to do so,
but Mr. Gray may speak to his own personal views.
Mr. Gray co�nmented that this is a contentious matter in the Community and he feels that trees are part
of the heritage of the communi�y. He commented that he feels the Cammittee's decision was an
equitable one.
Counci�member Dieringer commented that there are good reasons on both sides but she feels cost
sharing would help in a situation where there are so many trees and given that there are also many
enviranmental factors to consider.
Councilmember Dieringer moved that the City Cauncil uphold the Committee on Trees and Views'
decision. The motion died for lack of a second.
In response to Mayor Lay regarding the impact that a City Cot.�ncil decision will have on the Occhipinti
case, City Attorney Jenkins stated that there ar� some issues common to both cases and that in taking
action on this case, those action could be applicable to both cases. He stated that it is within province of
the City Council to interpret its Municipal Code and that interpretation will be given great weight. He
further stated that he believes that the Code Section invoived is susceptible of interpretation that would
allaw for an allocation of maintenance cost. He stated that the al�oca�ion of maintenance cost depends
upon a finding that there is justification for deviating from the default position of the cade that future
maintenance cost is the responsibility of the vegetation owner.
Councilmember B1ack commented that if rnore trees are removed, maintenar�ce cost would be reduced
and that may help with the cost issue. He stated that he feels that cost sharing af the maintenance cost
would be setting a bad precedent and he feels it is a good way ta go to have the applicant pay for the
initial view restoration and the 1a'ee owner pay for the ongoing rnaintenance.
Councilmember Black moved tha#the Ciry Council direct staff to return with a Resolution to uphold the
appeal request by �liminating the cost sharing for the ongoing maintenance cos�ts and elimiriating the
requirement that the Resolution be recorded an the applicant's properry. Mayor Pro Tem Pieper
seconded the motion.
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Mayor Pro Tem Pieper suggested that the motion be amended to clarify the langua.ge in the Resolution
so it is clear that that he initial restorative action is to be paid by the Fourniers andlor the Occhipintis and
that the Shermans would have no obligation for cost of the initial restorative acdon. Councilmember
Black accepted the amendment.
Discussion ensued concerning removing trees versus trimming and lacing the trees as a means to reduce
ongoing maintenance costs.
Mr. Weinberg commented that the Fourniers would be agreeable to paying for removal and replacement
of any of the trees on the list.
Ms. LaFnberg commented that the reason many of trees were not order removed was due to
environmental factors and a CEQA determination was made based on�he £acf that trees were not being
removed and as such it is not Mr. Shertnan's choice to keep the trees.
CounciImember Hill suggested that the City Council consider the entire case not just the issues under
appeal. City Attorney Jenkins commented that this case is na susceptible ta #hat type of consideration
the way other Planning Commission decisions are. Councilmember Hill suggested that the matter be
continued for further discussion.
In response ta Councilrnember Dieringer regarding the sta.tus of the Occhipinti case, Planning Director
Schwartz stated that the Committee directed staff to prepare a Resalution very similar to the Fournier
Resolution but the Committee has not yet adopted that Resolution. City Attorney Jenkins clarified that
the Cornmittee is free to exercise whatever discretion it wishes when the Occhipintis case is before it
and the parties have the same rights to appea� as they did xn this case.
Councilmember Dieringer suggested that consideration of this matter be continued pending the
Committee's action on the Occhipinti case.
Following discussion, Mayor Lay calied far a roll call vote and the motion to direct staff to return with a
Resolu#ion to upho�d the appeal request by eliminating the cost sharing for the ongoing maintenance
- costs, eliminating �he requirement that the Resolution be recorded on the applicant's property and with
the Fournier's paying 100%percent of the cos�for initial restorative action zxnless the Occhipinti case is
resolved in a similar manner resulting in cost sharing carried with Councilmembers Dieringer and Hi�l
opposed. The public hearing was cantinued.
OLD BUSINES�
None.
NEW BUSINESS
CONSIDERATION OF THE 2013-20Z4 ANNUAL FINANCIAL AUDIT.
Mayor Lay introduced the item and asked for stafPs comments. Finance Director Shea presented the
results of the 2013-2014 Comprehensive Annual Financial Report(CAFR) which was reviewed with the
Finance/BudgetlAudit Committee in December. He stated that this in the independent auditor's report
conducted by Lance, So�l, Lunghard, CPA and the auditor has issued an ztr�modified opinion which is
the highest le�el of assurance that can be given. Finance Director Shea reviewed the City's position
stating that the City has current assets in the amount of$39 million, total liabilities in the arnount of
$121,040, deferred inflows of resources in the amount of$22,000 and an unassigied fund balance af
$3.78 million. He further reported that revenues were up this year and the year ended in �he plus by
_a. approximately $490,000. He noted that as a part of the budget process, staff and the Finance Committee
will review those funds to detern�ine the appropriate place to move the funds.
In response to Mayor Lay regarding the increase in revenues, Finance Director Shea stated that there
was a $94,OQ0 increase in property t�es and the majority of the iricrease was in licenses and pertnits.
Lastly, Finance Director Shea reviewed the letter from the auditar addressed ta the City Council which
states that there were no difficulties in dealing with managemez�t, no corrected or corrected mistakes, no
disagreements with staff, they did not consult with any other auditors and there were no other fmdings.
The report was received and filed.
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CON�IDERATION OF AN AMENDMENT TO EXTEND THE AGREEMENT BETWEEN
THE CITY OF R�LLING HILLS AND WILLDAN FOR AS NEEDED CIVIL
ENGINEERING, CITY ENGINEERING, CITY TRAFFiC ENGINEER, BUTLDING
OFFICIAL AND GEOTECHNICAL ENGINEERING SERVICES.
Mayor Lay introduc�d the item and asked far sta.£f comments. City Manger Cruz presented the staff
report stating that this amendment, if approved would continue the City's agreement with Willdan for an
additional five years witY� aniy one change in rates far the Traffic Engineer to increase by $10 per hour
effective July 1gt.
In response to Councilmember Dieringer regarding the increase in rate far Traffic Engineering Services,
Lew Gluesing with Willdan explained that the rate has been the same since the agreement was entered
into and the increase is proposed to be commensurate with the service offered.
Following presentation af the staff report and brief discussion, Councilmember Hill mo�ed that the City
Council approve the amendment to extend the City's agreement with Willdan Engineering and authorize
the City Manager to execute the agreement. Councilrnember Black seconded the motion, which car�ried
without ob3 ection.
CONSIDERATION OF AN APPROPR�ATION TO REMOVE AND TRIM TREES
ADJACENT T4 CITY OWNED TENNfS COURTS.
Mayor Lay introduced the itern and asked for staffls comments. City Manager Cruz presented#he staff
report stating #hat the trees near the tennis courts have not been trimmed in several years and it was
brought to the City's attention #hat they are in need of trimming. He stated that staff assessed the
situatian and consulted several community organizations including the Community Association, Tennis
Club and Women's Club and determined that the pine trees should be remo�ed arad the eucalyptus trees
should be tr;tmmed and laced. He reviewed the proposals and stated that staff recommends Finley's Tree
Service. Following brief discussion, Councilmember Dieringer moved that the City Council approve an
appropriation in the amount of$3,$QO to remove and trim trees adjacent to th� tennis courts. Mayor Pro
Tem Pieper seconded the motion,which carried withaut objection.
MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
ITEM REMOVED FROM CONSENT CALENDAR FOR INDIVIDUAL CONSIDERATION:
Status of road conditions on Upper Blackwater Canyon Rflad.
Councilmember Black expressed further concern regarding the safety of the roadway, specifically, the
width of the roadway and the depth of the drain. Following brief discussion, staff was directed to ask the
traffic engineer to reassess the roadway condition and provide a report to the Traffic Cammission far
their consideration and refer the roadway width issue ta the Rolling Hills Community Assaciation. The
report was received and filed.
Other items.
Councilmember Black commented that he was contacted by residents who were concerned that a home
in the City is functianing as an "AIRBNB" where they rent a room or house for �acation purposes.
Fol�owing brief discussion, the City Council asked the City Attomey to research the matter.
MATTERS FROM STAFF
CORRESPONDENCE FROM ROLLING HILLS COMMCTNITY ASSOCiATION
REGARDING PROPOSAL TO STOCKPILE EMERGENCY SUPPLIES FOR ROLLING
HILLS.
Mayor Lay introduced the item and asked for stafPs comments. City Manager Cruz presented a letter
from the Rolling Hills Community Association proposing that the City participate in identifying and
purchasing a stockpile of emergency supplies for the community. Following discussion, the City
Council determined that Emergency Preparedness ad hoc committee should meet with the RHCA to
discuss the proposal and report back to the City Council as necessary.
Minutes
City Council Meeting
Q1112/15 -S-
PUBLIC COMI�IENT ON CLOSED SESSION AGENDA
None.
CLOSED SESSION
Government Code §54957.6
Conference with Labor Negotiator
City representative: Personnel Cornmittee (Pieper and Dieringer)
Unrepresented emplayee: City Manager
The City Council recessed into closed session at �0:22 p.m. to discuss the rnatters listed above on the
closed session agenda. The meeting returned to open session at 10:33 p.m.
RETURN TO OPEN SESSION
ANNOUNCEMENT OF ACT�ONS FROM CLQSED SESSION (ORAL REPQR'1�.
Following the closed session City Attorney Jenkins reported in open session that the City Council met in
closed session to discuss the item listed above and no reportable action was taken.
ADJOURNMEliTT
Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 10:34 p.m.
The next reg�xlar rneeting of the City Council is scheduled to be held on Monday, January 26, 2015
beginning at 7:30 p.m, in the City Cauricil Chamber at City Hall, 2 Portuguese Bend Raad, Ralling
Hills, Califarnia.
Respectfully submitted,
__ � � � � �
�:9,�,
Heidi Luce
City Clerk
Approved,
--�- .
B. Allen Lay -
Mayor
Minutes
City Council Meeting
01/12/15 -g-