01-26-15.pdf MINUTES OF
A REGUL,A.R MEETING
OF THE
CITY COUNCiL OF THE
CITY OF R4LLING HILLS,CALIFORNIA
MONDAY,JANUARY 12,2015
1. CALL TO ORDER
A regular meetir�g of the City Council of the City of Rolling Hi�ls was called to order by Mayor Lay at
735 p.m. in the City Cauxicil Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, Califarnia
with a teleconference locatian at Scottsdale Resort and Conference Center, 7700 East McCortnick
Parkway, Scottsdale,AZ 85258.
2. RQLL CALL
Councilmembers Present: Black, Dieringer, Hi11, Pieper` and Mayor Lay.
*P�ticipated remotely via teleconference
Councilmembers Absent: None.
�ttiers Present: Raymond R. Cruz, City Manager.
Michael Jenkins, City Attorney.
Yolanta Schwartz, Planning Director.
Heidi Luce, City Clerk.
Laura Walter, Los Angeles County Fire Dept.
Sean Bennett, 2 Williamsburg Lane.
Howard Weinberg,Attorney.
Michael and Sandy Sherman, 33 Crest Road East.
Samantha Lamberg,Attomey.
Annie Occhipinit, 34 Crest Road East.
Debi Foumier, 30 Crest Road East.
Craig Ekberg, 35 Crest Road East.
�� Jim Aichele, 14 Crest Road West.
3. CON5ENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any Councilmember
may xequest removal of any item frarn the Consent Calendar causing it to be considered under
Council Actions.
A. Minutes -Regular Meeting af January 12, 20I5.
RECOMMENDATI�N: Approve as presented.
B. Paymer�t of Bills.
RECOMMENDATION: Approve as presented.
C. Financial Statement far the Month of December, 2014.
RECQNIlV�ENDATION: Apprave as presented.
D. Allied Recycling Tonnage Report for December, 201�.
RECOMMENDATION: Recei�e a�d file.
E. Correspondence from Repub�ic Services confirming the following dates for the 2015 bi-
annual clean up and shred events in the City of Rolling Hills: May 9 (greenwaste), May
16 (bulky iterns), May 23 (shred), September 12 (greenwaste}, September 19 (bulky
items) and September 26 {shred).
RECOMII�NDATION: Recei�e artd file.
F _ Consideration of a First Amendment to the Employment Agreement between the City of
Rolling Hills and the City Manager.
RECOMMENDATION: Receive and file.
Councilmer�ber Black rnoved that the City Council approve the items on the cansent calendar as
presented. Councilmember Hill seconded the motion,which carried without objection.
COMMISSION ITEMS
NONE.
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OLD BUSINESS
NONE.
NEW BUSINESS
CONSIDERATION OF AN AMENDMENT OF A SUBDIVISION DEVELOPMENT
AGREEMENT RELATED TO TIME EXTENSION FOR C�NSTRUCTION OF
IlVIPROVEMENTS IN A PREVIOUSLY APPR�VED PARCEL MAP NO. 26356,
SUBDIVI�ION NO. 89,IN ZONING CASE NO. fi l5, STORM HILL LANE.
Mayor Lay introduced the item and asked for sta�s comments. Planning Director Schwartz stated that
before the City Council is a request from the applicants in a Subdivision Developmen# Agreement on
Stortn Hill Lane for a 5-year time extension to construct the required impro�ements. She reviewed the
applicant's original request for a four-lot subdivision off Storrn Hill Lane. Following brief discussion,
Councilmember Black moved that the City Council approve the third amendment to a subdi�ision
agreement related to 5-year time extension for construction of improvements in a previously approved
Parcel Map No. 26356, Subdivision No. 89, in Zoning Case No. 615, Storm Hill Lane and authorize the
City Manager ta execute the agreement. Councilznernber Hill seconded the motion, which cazried
without objection.
MATTERS FR�M TI� CITY COUNCIL AND MEETING ATTENDANCE REPORTS
Councilme�nber Dieringer expressed her concern regarding the issues surrounding the installation of
Southern Califomia Gas Company Smart Meters in the City and the additional poles that may be
necessary to support the meters. Mayor Lay commented that before the City incurs expenses related to
this issue, it should be determined whether or not there is concurrence among the Coucilmernbers with
regard Councilmember Dieringer's cancerns. Staff was directed to kee� the City Council informed
regarding the status of this issue and agendize the matte:r for discussion if Counci�actaon is necessary.
Mayor Lay suggested that the City Council consider amending the City's Nuisance O�dixiance to also
include dead trees that pose risk of fire and asked if the City Cauncil concurred. Councilmember
Dieringer commented that she would not be opposed to such an amendment, but environmental factors
would also need to be taken inta consideration. Following discussion and with the City Council's
concurrence, staff was directed to research possible amendments to strer�gthen the Nuisance Ordinance
to include dead trees.
MATTERS FROM STAFF
QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING
DECEMBER 31,2014.
Mayor Lay introduced the item and asked for staff's comments. City Manager Cruz reviewed the
investment report stating that there was a small increase in the yield from the City's investments over
the previous quarter. The report was received and filed.
OPEN AGENDA-APPROXIMATELY 8:00 P.M. -PUBLIC COMMENT WELCOME
Laura Walter, Community Sexvices Representative, Los Angeles Caunty Dept. addressed the City
Council to provide an update with regard to the services offered by the County including Christmas tree
drop off sites and sand/sand bags available at each Fire Station. She also informed the City Council that
Captain Larson will be transferring out of Fire Sta.tion 56 an February lg` and Captain Eric Featherston
will replace him. She also reminded the City Council of the importance o£srnoke detectors.
Sean Bennett, 2 Williamsburg Lane addressed the City Council concerning his desire to underground the
utilities in his neighborhood and expressed concern regarding the difficulty in warking with Verizon.
At 8:00 p.m. Mayor Pro Tem Pieper joined the meeting from the teleconference location.
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PUBLIC HEARINGS
CONSIDERATiON OF RESOLUTION NO. 1167 -- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ROLLING HILLS IN A VIEW IlVIPAIRMENT APPEAL OF A
DECISION OF THE COMMITTEE ON TREES AND VIEWS IlV A VIEW Ilv�AIRMENT
CASE FILED BY MR. AND MRS. FOURNYER, 30 CREST ROA.D EAST, AGAINST TREES
LOCATED ON PROPERTY OWNED BY MR. AND MRS. SHERMAN, 33 CREST ROAD
EAST. THE APPEAL WAS FII,ED BY MR. AND MRS. FOURNiER.
�. Mayor Lay introduced the item and asked for stafPs comments. Ptanning Directar Schwartz stated that
this is a cantinued Public Hearing and at the ]ast meeting, the City Cauncil directed staff to bring a
Resol�tian upholding an appeal in a view impairment case brought by the Fourniers at 30 Crest Road
East against trees located at property located at 33 Crest Road East owned by th� Shermans. She stated
that the Fournier� appealed the Committee's decision on two items—the shared cost of maintenance of
the trees and the requirement that the Resolution be recorded against#he Fournier's property. She stated
that the City Council upheld the appellant's request to remave the condition that the Fourniers share in
the maintenance costs. She noted that since the Resolution was written and distributed, there have been
a£ew minor changes made at the request of the Fournier's attorney,Mr. Weinberg to clarify a few items.
She stated that the revised Resol�tion has been placed an the dais and made available to the pubic. She
reviewed the chaalges which included:
p. 1 Section 6A—added"as defined in Resolution No. 2014-01 CTV;" at the end af the serrtence.
p. 3 Section l0E — added "in such an amount and/ar propartion as determined by �he Committee or
City Council on appeal." at the end of the first sentence.
p. 4 Section 14F — added "including an Affidvit of Acceptance" toward the beginning of the
sentence.
Mayor Lay called for public comment.
Michael Sherman, 33 Crest Road East addressed the City Counci7 and read a prepared statement which
was provided to the City Council. In summary, k�e sta.ted that he feels the Committee an T�rees and
Views was diligent and fair in their consider�.tion of this dii�icult case and asked the City Council to
reconsider allocating a por#�on of the maintenance cost to the applicants. He stated that the applicant's
are the ones benefitting from the cutting of the trees and the Shermans receive no benefit. He also asked
the City Council to reconsider requiring the shared expenses to be recorded against al] proper�ies. He
also asked the City Council to also consider taking a field trip to the pmperties to see what is involved.
Craig Ekberg, 35 Crest Road East addressed the City Council stating that he feels the Committee on
Trees and Views did a good job in their consideration of this case and came to a fair decxsion l�ased upon
the fact that the applicants are being provided a view and allocated the costs to be shared among the
parities given that the maintenance cost are so onerous. He asked the City Council to reconsider.
Annie Occhipinti, 34 Crest Road East addressed �he City Councii on behalf of her parents. She stated
that her parents purchased the property because af the ocean view.
Samantha Lamberg, A�torney addressed the City Council on behalf of the Shermans. She stated that this
is the first she heard of the changes to the Resolution and s�ie should have been informed of the changes
prior to arriving at the hearing. Ms. Lamberg commented that one of the members of the Committee on
Trees and Views stated that more of a view was given predicated on the fact of cost sharing. She also
asked the City Council to also consider taking a field trip to the properties.
Howard Weinberg, Attorney addressed the City Council on behalf of the Fourniers stating that this
__.. appeal is based on only two factars and does not require the City Council to re-consider the entire case.
He suggested some additional modifications to the revised Resolution as follows:
p. 3 Section l0A—change 33 Crest Road East to 30 Crest Road East in the b�'l�ne.
Section l OD—add reference to the maintenance scheduled specified in"Paragraph G".
P. 5 Sectian i4 — add language to clarify that the "non-complying party" would be responsible for
cansultant fees.
In response to Mayor Lay with regard to the need to continue this hearing, City Attamey Jenkins sta#ed
tlxat he regrets that Ms. Lamberg was not provided a copy of the amended Resolution in advance,but the
tlu�ee changes that were made were very inconsec�uential and simple to understand. He suggested that the
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City Council give Ms. Lamberg an opportunify ta comment on those changes now that they have been
expla.ined. He fiuther commented that he feels the additional changes suggested by Mr. Weinberg are
also relatively inconsequential and easy to understand and he does not feel the hearing needs to be
corninued.
Jim Aichele, 14 Crest Road West addressed the City Council to express his support the Committee on
Trees and Views decision and to suggest that the City Council reconsider the entire case not just the
matters an appeal.
Ms. Lamberg addressed the City Council to ask for an explanation regarding the Ai�davit of
Acceptance form so that she can advise her client on the form. City Attorney Jenkins suggested that staff
provide Ms. Lamberg with an example of the form.
Debi Fournier, 30 Crest Road Eas# addressed the City Cauncil to clarify that they are only requesting
that the trees be trimmed to the ridgeline o�the house. She expressed concern regarding the provision in
the Ordinance#hat only allows "corridar"views to be restored.
Planning Directar Schwartz distributed copies of a sample Affidavit of Acceptance form to the City
Counc�l and the public, including Ms. Lamberg. City Attorney Jenkins commented that the Ordinance
states that an informational co�enant will be recorded against the property but s�aff has flexibility in the
form that is used and could come up with a form that is mutua�ly agreeable.
Councilmember Dieringer commented that it is important to cansider the interests of the entire
community and she feels that given the number of trees that will have to be maintained is so large
justifies cost shar�ng of the maintenance costs. She stated that she reviewed the file today and expressed
concern regarding the letters in the file from entities asserting that there may be environmental and
geological issues related to removing the trees and stated that she feels the fact that the trees may not be
able to be rernoved shotild be considered in the cost allocation.
Councilmember Black commented that he feels that allocating the maintenance costs to both parties
would be setting bad precedent and he feels that the Ordinance is clear in that the initial restorative
actian should be paid for the complainant and the ongoing maintenance should be the responsibility of
the tree owner.
Councilmember Hill commented that he feels that that the City Council should take more time consider
this case further and review the entire case given that there was a split decision with the Camrnittee on
Trees and Views and on the City Council. He stated that he feels the Ordinance is clear in its
assignment of cost and he does nat feel it ailows for the splitting of costs.
Mayor Lay commented that the appeal is related to two specific items and it is not �he City Council's
purview to consider the entire matterr.
Councilmember Hill commented that he does not feel that the City Council has addressed all concerns
and he feels it should be considered further.
In response to Councilmember Hill, City Attorney Jenkins stated that in this rnatter, the City Council is
an appellate body and only has jurisdic�ion to hear that which was appealed. He stated that the party is
nat obligated to appeal the entirety of the decision and if a party wished to appeal the balance of the
decision they could have done so.
Councilmember Dieringer asked if there was a finding in the Committee on Trees and Views' action
with regard to Ms. Lamberg assertion that there was a quid pro quo betweer� the amount of view being
restored being tied and the sharing of maintenance costs.
Mayor Pro Tem Lay stated that he did not see that as a part of the record.
Ms. Lamberg addressed the City Cauncil,having reviewed the Affidavit of Acceptance to confirm that it
could be amended. In response, City Attomey Jenkir�s stated that rather than the Resolution requiring an
Affidavit af Acceptance, he suggests that the language in Section lOF be changed to refer to an
"informational covenant" rather than an Affidavit of Acceptance to reflect exactly what the Ordinance
requires. Brief discussion ensued concerning whether or not to continue the public hearing,
Mayor Pro Tem Pieper commented that he has heard all of the comments and feels that same good
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points were made. He suggested that a motion be made.
In response to Councilmember Black's comment regarding setting a precedent, Cauncilmember
Dieringer stated that she does not feel that upholding the Cammittee's action in #his case would set a
precedent because of the large number or trees and because of the environmental and geological
considerations associated with the Sherman's property.
Co�ncilmember Black moved that the City Co�xncil adopt Resolution No. 1167 in a view impairment
appeal of a decision of the Committee on Trees and Views as amended. Mayor Pro Tem Pieper
seconded�he motion. City Attorney Jenkins revzewed the amendments as follaws:
• Sect�on l0A—change 33 Crest Road East to 30 Crest Road East in the 6�'line.
• Sect�on 10D—add reference to the maintenance scheduled specified in"Paragraph G".
• Section l OF—add "informational cavenant"at the beginning of the sentence.
• Section 14 — change to state "Therefore, the City sha�l b� entitled to recover its casts fram the
non-compliant pariy.
Follawing brief discussion,the motion carried by the following roll call vote:
AYES: Councilmembers Black,Pieper and Mayor Lay.
NOES: Councilmembers Dieringer and Hill.
ABSENT: None.
ABSTAIN: None.
Mayor Pro Tem Pieper excused himself from the meedng and disconnected the teleconference locadon
at 9:�1 p.m.
PUBLIC COMMENT ON CLOSED SESS�ON ITEMS
NONE.
CLOSED SESSION
NONE.
RETURN TO OPEN SESSI�N
NONE.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Lay adjourned the meeti.ng a� 9:12 p.m. in
memory af long tame resident, Grace Sollima. An adjo�xrned regular meeting of the City Council is
scheduled to be held on Monday, February 9, 2015 beginning at 7:30 a.m. for the purpose of conducting
field trips to 40 Eastfield Drive and 38 Portuguese Berid Road. The next regular meeting of the City
Council is scheduled to be held on Manday, February 9, 2015 beginning at 7:30 p.m. in the City Council
Charnber at City Hall, 2 Portuguese Bend Raad,Rolling Hi11s, Califomia.
Respectfully submitted,
� R
„�a
�
�F�
�e
^ Heidi Luce
City Clerk
Approved,
_. _�
Jeff Pieper
Mayor Pro Tem
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