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City Council - 2016 Agendas & Minutesge4 Ralla q4e6 INCORPORATED JANUARY 24, 1957 AGENDA ADJOURNED REGULAR MEETING NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS MONDAY, DECEMBER 19, 2016 7:00 P.M. Next Resolution No. 1201 Next Ordinance No. 349 1. CALL TO ORDER 2. ROLL CALL 3. OPEN AGENDA - PUBLIC COMMENT WELCOME This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4. CONSENT CALENDAR NONE. 5. COMMISSION ITEMS NONE. 6. PUBLIC HEARINGS NONE. 7. OLD BUSINESS NONE. 8. NEW BUSINESS A. RESOLUTION NO. 1201 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA PROVIDING FOR THE APPOINTMENT TO THE OFFICES OF THIS CITY THAT WERE TO BE ELECTED ON TUESDAY, MARCH 7, 2017 AND CANCELLING SAID ELECTION. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS Page 1 of 2 10. MATTERS FROM STAFF 11. CLOSED SESSION NONE. 12. ADJOURNMENT Next meeting: Monday, January 9, 2017 at 7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. City Council Agenda 12/19/16 Page 2 of 2 AGENDA aiRafiz<i9 gad INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS REGULAR MEETING MONDAY, NOVEMBER 28, 2016 7:00 P.M. Next Resolution No. 1195 1. CALL TO ORDER 2. ROLL CALL Next Ordinance No. 348 3. OPEN AGENDA - PUBLIC COMMENT WELCOME This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4. 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. 4 a � A. Payment of Bills. RECOMMENDATION: Approve as presented. B. Financial Statement for the Month of October, 2016. RECOMMENDATION: Approve as presented. C. Allied Recycling Tonnage Report for October, 2016. RECOMMENDATION: Receive and file. D. List of 2017 City Council Meeting Dates and City Holidays. RECOMMENDATION: Receive and file. E. City Council Personnel Committee meeting notes of November 9, 2016. RECOMMENDATION: Receive and file. F. CONSIDERATION OF RESOLUTION NO. 1195 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS MODIFYING THE DECISION OF THE CITY MANAGER IN THE APPEAL FILED BY DR. JEFFREY OSTRIKER AND ORDERING THE CONFINEMENT OF AZUL TO THE OSTRIKER PROPERTY. RECOMMENDATION: Adopt as presented. 5. COMMISSION ITEMS NONE. Page 1 of 3 6. PUBLIC HEARINGS A. CONSIDERATION OF AN INTERIM ORDINANCE OF THE CITY OF ROLLING HILLS, PURSUANT TO GOVERNMENT CODE SECTION 65858, TO TEMPORARILY PLACE A MORATORIUM ON THE ACCEPTANCE AND/OR PROCESSING OF ANY APPLICATION SOUGHT UNDER THE PROVISIONS OF CHAPTER 17.26 (VIEW PRESERVATION) OF THE ROLLING HILLS MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF. B. THE PUBLIC HEARING ON ZONING CASE NO. 902, AT 23 CREST ROAD EAST WILL BE CONTINUED TO JANUARY 9, 2017. ZONING CASE NO. 902. REQUEST FOR A SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW 11,100 SQUARE FOOT RESIDENCE, WITH 11,100 SQUARE FOOT BASEMENT, 1,540 SQUARE FEET ATTACHED GARAGES, 2,654 SQUARE FEET COVERED PORCHES, 864 SQUARE FOOT SWIMMING POOL AND SPA, TRELLISES, NEW DRIVEWAY AND AN OUTDOOR KITCHEN AND GRADING FOR A TOTAL OF 51,625 CUBIC YARDS OF DIRT, WHICH INCLUDES OVER -EXCAVATION AND RE -COMPACTION; CONDITIONAL USE PERMITS TO CONSTRUCT AN 800 SQUARE FOOT GUEST HOUSE, AND A 1,300 SQUARE FOOT STABLE; IN ZONING CASE NO. 902, AT 23 CREST ROAD EAST, (LOT 132A -MS), ROLLING HILLS, CA (HYNES). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15303, CLASS 3 EXEMPTION GUIDELINES. 7. OLD BUSINESS A. CONSIDERATION OF A RESOLUTION OF THE ROLLING HILLS CITY COUNCIL DENYING THE APPEALS OF DR. AND MRS. STEPHEN NUCCION AND MR. AND MRS. WILLIAM HASSOLDT AND UPHOLDING THE DECISION OF THE COMMITTEE ON TREES AND VIEWS BY DECLARING THAT SPECIFIC TREES LOCATED ON THE PROPERTY AT 15 PORTUGUESE BEND ROAD HAVE CAUSED SIGNIFICANT IMPAIRMENT TO THE VIEW FROM THE PROPERTY LOCATED AT 18 PORTUGUESE BEND ROAD AND SETTING FORTH RESTORATIVE ACTION TO ABATE THE IMPAIRMENT. B. CONSIDERATION OF A RECOMMENDATION FOR AWARD OF A BID TO CHRISP COMPANY FOR FY 2016-17 REPLACEMENT OF TRAFFIC STRIPING AND PAVEMENT MARKINGS ON CERTAIN STREETS PROJECT. 8. NEW BUSINESS A. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE RELATING TO AN ORDINANCE OF THE CITY OF ROLLING HILLS REPEALING MEASURE B BY AMENDING SUBSECTION (E) OF SECTION 17.26.050 AND REPEALING SECTION 17.26.090 OF THE ROLLING HILLS MUNICIPAL CODE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017, AS CALLED BY RESOLUTION NO. 1192. City Council Agenda 11/28/16 Page 2 of 3 B. CONSIDERATION OF RESOLUTIONS SETTING PRIORITIES FOR THE FILING OF ARGUMENTS; AUTHORIZING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS; AND ALLOWING FOR REBUTTAL ARGUMENTS FOR MEASURES ON THE BALLOT FOR THE CITY OF ROLLING HILLS GENERAL MUNICIPAL ELECTION ON MARCH 7, 2017. (1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. (2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR MEASURES SUBMITTED FOR THE CITY OF ROLLING HILLS GENERAL MUNICIPAL ELECTION ON MARCH 7, 2017. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS A. STATUS REPORT FROM THE CITY COUNCIL TREES AND VIEWS AD HOC COMMITTEE ON ITS EFFORTS TO AMEND THE VIEW PRESERVATION ORDINANCE. 10. MATTERS FROM STAFF NONE. 11. CLOSED SESSION NONE. 12. ADJOURNMENT Next meeting: Wednesday, December 14, 2016 at 7:30 a.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with . the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. City Council Agenda 11/28/16 Page 3 of 3 Ralia/9 get -6 INCORPORATED JANUARY 24, 1957 AGENDA REGULAR MEETING NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS MONDAY, NOVEMBER 14, 2016 7:00 P.M. Next Resolution No. 1195 1. CALL TO ORDER 2. ROLL CALL 3. OPEN AGENDA - PUBLIC COMMENT WELCOME Next Ordnance No. 348 This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4. 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. Payment of Bills. RECOMMENDATION: Approve as presented. 5. COMMISSION ITEMS A. RESOLUTION NO. 2016-22. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR IMPROVEMENTS TO A RESIDENCE :WITH RESTRICTED DEVELOPMENT CONDITION, INCLUDING AN AS -BUILT ADDITION AND CONSTRUCTION OF ATTACHED COVERED PORCHES AND A 5 -FOOT MAXIMUM HEIGHT WALL TO ACCOMMODATE A 4 -FOOT WIDE WALKWAY ALONG THE REAR OF THE HOME AND A VARIANCE TO ENCROACH WITH NEW COVERED PORCHES INTO THE FRONT SETBACK, IN ZONING CASE NO. 911 AT 3 POPPY TRAIL, (LOT 8 -PT), ROLLING HILLS, CA (JONAS). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15303. Page 1 of 4 B. RESOLUTION NO. 2016-23. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING, HOUSE AND GARAGE ENLAGEMENT, A SWIMMING POOL AND NEW DRIVEWAY AND REQUEST FOR A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT IN ZONING CASE NO. 910, AT 85 CREST ROAD EAST, (LOT 69 C -1 -MS), ROLLING HILLS, CA (ZEE). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15303; AND CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION TO APPROVE A NEW DRIVEWAY APRON AT 85 CREST ROAD EAST. 6. PUBLIC HEARINGS A. THE PUBLIC HEARING ON ZONING CASE NO. 902, AT 23 CREST ROAD EAST WILL BE CONTINUED TO NOVEMBER 28, 2016. ZONING CASE NO. 902. REQUEST FOR A SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW 11,100 SQUARE FOOT RESIDENCE, WITH 11,100 SQUARE FOOT BASEMENT, 1,540 SQUARE FEET ATTACHED GARAGES, 2,654 SQUARE FEET COVERED PORCHES, 864 SQUARE FOOT SWIMMING POOL AND SPA, TRELLISES, NEW DRIVEWAY AND AN OUTDOOR KITCHEN AND GRADING FOR A TOTAL OF 51,625 CUBIC YARDS OF DIRT, WHICH INCLUDES OVER -EXCAVATION AND RE -COMPACTION; CONDITIONAL USE PERMITS TO CONSTRUCT AN 800 SQUARE FOOT GUEST HOUSE, AND A 1,300 SQUARE FOOT STABLE; IN ZONING CASE NO. 902, AT 23 CREST ROAD EAST, (LOT 132A -MS), ROLLING HILLS, CA (HYNES). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15303, CLASS 3 EXEMPTION GUIDELINES. 7. OLD BUSINESS A. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DENYING THE APPEALS OF DR. AND MRS. STEPHEN NUCCION AND MR. AND MRS. WILLIAM HASSOLDT AND UPHOLDING THE DECISION OF THE COMMITTEE ON TREES AND VIEWS BY DECLARING THAT SPECIFIC TREES LOCATED ON THE PROPERTY AT 15 PORTUGUESE BEND ROAD HAVE CAUSED SIGNIFICANT IMPAIRMENT TO THE VIEW FROM THE PROPERTY LOCATED AT 18 PORTUGUESE BEND ROAD AND SETTING FORTH RESTORATIVE ACTION TO ABATE THE IMPAIRMENT. B. CONSIDERATION OF A REQUEST FOR A CONTRIBUTION OF CITY UTILITY FUNDS TOWARD THE COSTS ASSOCITED WITH TWELVE HOMES ON EASTFIELD DRIVE TO COMPLETE A PRELIMINARY ENGINEERING DESIGN AND ASSESSMENT ENGINEERING STUDY CONCERNING A PROPOSED UNDERGROUNDING ASSESSMENT DISTRICT. C CDp City Council Agenda 11/14/16 Page 2 of 4 rf 8. NEW BUSINESS A. CONSIDERATION OF AN APPEAL FILED BY DR. JEFFREY OSTRIKER PURSUANT TO MUNICIPAL CODE SECTION 6.24.070 REGARDING A DETERMINATION MADE BY THE CITY MANAGER SUBSEQUENT TO AN ADMINISTRATIVE HEARING HELD PURSUANT TO MUNCIPAL CODE. SECTION 6.24.090 FOR FAILURE TO COMPLY WITH A PREVIOUS DETERMINATION IN AN AGGRESSIVE ANIMAL COMPLIANT AS SET FORTH IN RESOLUTION NO. 1183. B. CONSIDERATION OF A RECOMMENDATION FOR AWARD OF A BID TO CHRISP COMPANY FOR FY 2016-17 REPLACEMENT OF TRAFFIC STRIPING AND PAVEMENT MARKINGS ON CERTAIN STREETS PROJECT. C. CONSIDERATION OF AN AGREEMENT WITH ANIMAL PEST MANAGEMENT SERVICES, INC. FOR SUPPLEMENTAL COYOTE CONTROL SERVICES: 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS A. CONSIDERATION OF A RECOMMENDATION FROM THE PERSONNEL COMMITTEE FOR APPOINTMENTS TO THE PLANNING COMMISSION AND TRAFFIC COMMISSION. B. STATUS REPORT FROM THE CITY COUNCIL TREES AND VIEWS AD HOC COMMITTEE ON ITS EFFORTS TO AMEND THE VIEW PRESERVATION ORDINANCE AND TO POSSIBLY BRING FORWARD A BALLOT MEASURE TO MODIFY OR REPEAL MEASURE B. (ORAL REPORT) 10. MATTERS FROM STAFF A. DISCUSSION AND POSSIBLE DIRECTION IN PROVIDING COMMENTS CONCERNING THE NEW PROPOSED STATE OF CALIFORNIA WATER CONSERVATION MEASURES THAT WILL BE IMPLEMENTED IN 2017. 11. PUBLIC COMMENT ON CLOSED SESSION ITEMS 12. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION Government Code §54956.9(d)(4) Based on existing facts and circumstances, the City Council shall determine whether initiation of litigation is appropriate Number of potential cases: 1 B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code §54957 Title: City Manager City Council Agenda 11/14/16 Page 3.of 4 13. RETURN TO OPEN SESSION 14. ADJOURNMENT Next meeting: Monday, November 28, 2016 at 7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. City Council Agenda 11/14/16 Page 4 of 4 a/Re11409 qr.& INCORPORATED JANUARY 24, 1957 AGENDA ADJOURNED REGULAR MEETING NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS WEDNESDAY, DECEMBER 14, 2016 7:30 A.M. Next Resolution No. 1200 Next Ordinance No. 349 1. CALL TO ORDER 2. ROLL CALL 3. OPEN AGENDA - PUBLIC COMMENT WELCOME This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4. CONSENT CALENDAR NONE. 5. COMMISSION ITEMS NONE. 6. PUBLIC HEARINGS NONE. 7. OLD BUSINESS NONE. 8. NEW BUSINESS t A. RESOLUTION NO. 1200 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA RESCINDING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE RELATING TO AN ORDINANCE OF THE CITY OF ROLLING HILLS REPEALING MEASURE B BY AMENDING SUBSECTION (E) OF SECTION 17.26.050 AND REPEALING SECTION 17.26.090 OF THE ROLLING HILLS MUNICIPAL CODE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017, AS CALLED BY RESOLUTION NO. 1192. Page 1 of 2 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS 10. MATTERS FROM STAFF 11. CLOSED SESSION NONE. 12. ADJOURNMENT Next meeting: Monday, December 19, 2016 at 7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. City Council Agenda 12/14/16 Page 2 of 2 AGENDA a/R•04/9 qeek INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS REGULAR MEETING MONDAY, OCTOBER 24, 2016 7:00 P.M. Next Resolution No. 1192 Next Ordnance No. 347 1. CALL .TO ORDER 2. ROLL CALL 3. OPEN AGENDA - PUBLIC COMMENT WELCOME This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4. 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. Payment of Bills. RECOMMENDATION: Approve as presented. B. Financial Statement for the Month of August and September, 2016. RECOMMENDATION: Approve as presented. C. Allied Recycling Tonnage Report for September, 2016. RECOMMENDATION: Receive and file. D. SECOND READING AND ADOPTION OF ORDINANCE NO. 347 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS MOVING THE DATE OF THE CITY'S GENERAL MUNICIPAL ELECTION FROM THE FIRST TUESDAY AFTER THE FIRST MONDAY IN MARCH OF EVERY ODD -NUMBERED YEAR TO THE r FIRST : TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF EVERY'EVEN-NUMBERED YEAR BEGINNING IN NOVEMBER 2020. RECOMMENDATION: Waive full reading and adopt ordinance. E. Consideration of Resolutions pertaining to the City of Rolling Hills General Municipal Election scheduled for Tuesday, March 7, 2017: (1) RESOLUTION NO. 1192: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE Page 1 of 1 PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. (2) RESOLUTION NO. 1193: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO DIRECT THE REGISTRAR-RECORDER/COUNTY CLERK TO ADMINISTER, MANAGE AND OVERSEE THE CITY OF ROLLING HILLS' GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017; AND REQUEST FOR CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH ANY COUNTYWIDE ELECTION HELD ON MARCH 7, 2017 (3) RESOLUTION NO. 1194: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017. RECOMMENDATION: Adopt as presented. 5. COMMISSION ITEMS NONE. 6. PUBLIC HEARINGS A. RE -OPEN A PUBLIC HEARING TO CONSIDER TWO APPEALS OF THE COMMITTEE ON TREES AND VIEWS' RESOLUTION NO. 2015-03-CTV RELATING TO THE VIEW IMPAIRMENT COMPLAINT FILED BY THE PROPERTY OWNERS OF 18 PORTUGUESE BEND ROAD REGARDING TREES LOCATED AT 15 PORTUGUESE BEND ROAD FOR THE LIMITED PURPOSE OF RECEIVING ADDITIONAL EVIDENCE ON THE ISSUE OF THE VIEW THAT EXISTED WHEN THE COMPLAINANTS ACQUIRED THE PROPERTY. 7. OLD BUSINESS NONE. 8. NEW BUSINESS NONE. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS A. STATUS REPORT FROM THE CITY COUNCIL TREES AND VIEWS AD HOC COMMITTEE ON ITS EFFORTS TO AMEND THE VIEW PRESERVATION ORDINANCE AND TO POSSIBLY BRING FORWARD A BALLOT MEASURE TO MODIFY OR REPEAL MEASURE B. (ORAL REPORT) B. DISCUSSION AND POSSIBLE DIRECTION CONCERNING THE CITY OF ROLLING HILLS' COYOTE CONTROL PROGRAM. (ORAL REPORT) City Council Agenda 10/24/16 Page 2 of 2 10. MATTERS FROM STAFF A. QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2016. 11. PUBLIC COMMENT ON CLOSED SESSION ITEMS NONE. 12. CLOSED SESSION NONE. 13. RETURN TO OPEN SESSION NONE. 14. ADJOURNMENT Next meeting: Monday, November 14, 2016 at 7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. City Council Agenda 10/24/16 Page 3 of 3 gerf Ralle:09 qd.6 INCORPORATED JANUARY 24, 1957 AGENDA REGULAR MEETING NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS MONDAY, OCTOBER 10, 2016 7:00 P.M. Next Resolution No. 1190 1. CALL TO ORDER 2. ROLL CALL Next Ordnance No. 347 3. OPEN AGENDA - PUBLIC COMMENT WELCOME This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4. 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 - Regular Meeting of September 12, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Allied Recycling Tonnage Report for August, 2016. RECOMMENDATION: Receive and file. 5. COMMISSION ITEMS A. RESOLUTION NO. 2016-21. A RESOLUTION. OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR A COVERED PORCH WITH AN OUT -OF -GRADE CONDITION AND ACCESSORY STRUCTURES, AND A VARIANCE TO ENCROACH WITH A SET ASIDE AREA FOR A STABLE AND CORRAL INTO THE SIDE SETBACK, INCLUDING WITH A PORTION OF AN EXISTING SHED IN ZONING CASE NO. 909 AT 7 SOUTHFIELD DRIVE, (LOT 4 -SF), ROLLING HILLS, CA (KLERMAN). Page 1 of 3 6. PUBLIC HEARINGS A. ZONING CASE NO. 902. REQUEST FOR A SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW 11,100 SQUARE FOOT RESIDENCE, WITH 11,100 SQUARE FOOT BASEMENT, 1,540 SQUARE FEET ATTACHED GARAGES, 2,654 SQUARE FEET COVERED PORCHES, 864 SQUARE FOOT SWIMMING POOL AND SPA, TRELLISES, NEW DRIVEWAY AND AN OUTDOOR KITCHEN AND GRADING FOR A TOTAL OF 51,625 CUBIC YARDS OF DIRT, WHICH INCLUDES OVER -EXCAVATION AND RE -COMPACTION; CONDITIONAL USE PERMITS TO CONSTRUCT AN 800 SQUARE FOOT GUEST HOUSE, AND A 1,300 SQUARE FOOT STABLE; IN ZONING CASE NO. 902, AT 23 CREST ROAD EAST, (LOT 132A -MS), ROLLING HILLS, CA (HYNES). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15303, CLASS 3 EXEMPTION GUIDELINES. 7. OLD BUSINESS NONE. 8. NEW BUSINESS A. CONSIDERATION OF ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS MOVING THE DATE OF THE CITY'S GENERAL MUNICIPAL ELECTION FROM THE FIRST TUESDAY AFTER THE FIRST MONDAY IN MARCH OF EVERY ODD -NUMBERED YEAR TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF EVERY EVEN -NUMBERED YEAR BEGINNING IN NOVEMBER 2020. RECOMMENDATION: Introduce ordinance and waive full reading. B. CONSIDERATION OF A RESOLUTION AND PROPOSITION A ASSIGNMENT AGREEMENT FOR AN EXCHANGE OF $75,000 IN PROPOSITION A TRAFFIC/ TRANSPORTATION PROJECT RELATED FUNDS WITH THE CITY OF RANCHO PALOS VERDES FOR $56,250 OF GENERAL FUNDS TO PLACED IN THE CITY OF ROLLING HILLS' GENERAL FUND; AND A RESOLUTION AND PROPOSITION C/MEASURE R ASSIGNMENT AGREEMENT FOR GIFTING OF PROPOSITION C AND MEASURE R FUNDS TO THE CITY OF ROLLING HILLS ESTATES TO CONSTRUCT TRAFFIC IMPROVEMENT PROJECTS THAT BENEFIT THE CITY OF ROLLING HILLS' RESIDENTS. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS A. STATUS REPORT FROM THE CITY COUNCIL TREES AND VIEWS AD HOC COMMITTEE ON ITS EFFORTS TO AMEND THE 'VIEW PRESERVATION ORDINANCE AND TO POSSIBLY BRING FORWARD A BALLOT MEASURE TO MODIFY OR REPEAL MEASURE B. (ORAL REPORT) City Council Agenda 10/10/16 Page 2 of 3 10. MATTERS FROM STAFF A. CONSIDERATION OF OPTIONS PERTAINING TO THE CONDUCT OF THE CITY OF ROLLING HILLS GENERAL MUNICIPAL ELECTION SCHEDULED FOR MARCH 7, 2017 = OPTION 1: CONDUCT A STAND-ALONE ELECTION TO BE CONSOLIDATED WITH THE CITY OF LOS ANGELES LACCD BOARD OF DIRECTORS ELECTION (STATUS QUO) RUNNING CONCURRENTLY WITH THE COUNTY'S SPECIAL ELECTION; OPTION 2: CONDUCT A CONSOLIDATED ELECTION WITH THE COUNTY OF LOS ANGELES WITH SPECIFIED SERVICES TO BE ADMINISTERED BY THE COUNTY. 11. CLOSED SESSION NONE. 12. ADJOURNMENT Next meeting: Monday, October 24, 2016 at 7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. City Council Agenda 10/10/16 Page 3 of 3 a DRAFT Agenda Item No. 4-A Meeting Date: 10/10/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, SEPTEMBER 12, 2016 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Dieringer at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Mirsch, Pieper, Wilson and Mayor Dieringer. Councilmembers Absent: None. Others Present: Raymond R. Cruz, City Manager. Yolanta Schwartz, Planning Director. Mike Jenkins, City Attorney. Heidi Luce, City Clerk. James Aichele, 14 Crest Road West. Spencer Karpf, 8 Maverick Lane. Arvel Witte, 5 Quail Ridge Road South. Clint Patterson, 22 Georgeff Road. Ed Smith, 85 Eastfield Drive. OPEN AGENDA - PUBLIC COMMENT WELCOME Jim Aichele, 14 Crest Road West addressed the City Council to express concern that the Municipal Code refers to the Gate Attendants as "Gate Guards" and as such may limit their authority. He suggested that the Ordinance be changed. The City Council asked Mr. Aichele to provide staff with the specific sections of the Municipal Code he is referring to so that the matter can be looked into. 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 - Regular Meeting of August 8, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of July, 2016. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for July, 2016. RECOMMENDATION: Receive and file. 4. DRAFT Councilmember Pieper moved that the City Council approve the remaining items on the consent calendar as presented. Councilmember Wilson seconded the motion; which carried without objection. COMMISSION ITEMS RESOLUTION NO. 2016-19 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW, CONDITIONAL USE PERMIT AND VARIANCE FOR GRADING AND CONSTRUCTION OF A STABLE WITH COVERED PORCHES, CORRAL, AND A RIDING RING, TO ENCROACH WITH THE RIDING RING INTO THE FRONT SETBACK, AND TO EXCEED THE PERMITTED DISTURBANCE OF THE LOT IN ZONING CASE NO. 904 AT 34 SADDLEBACK ROAD, (DELGADO). Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request to construct a 1,140 sq. ft. stable, corral and 5,550 sq. ft. riding ring in Zoning Case No. 904 at 34 Saddleback Road and stated that the Planning Commission visited the site twice and approved the project after the project was revised to address the Planning Commission's initial concerns. She commented that there is an undesignated trail on the property that is used by the equestrian community and the applicant plans to keep the trail open. Mayor Pro Tem Black moved that the City Council receive and file Planning Commission Resolution No. 2016-19 granting approval of the applicant's request in Zoning Case No. 904 at 34 Saddleback Road. Councilmember Pieper seconded the motion. In response to a suggestion by Mayor Dieringer that the Resolution includes a condition that the bridle trail be preserved, City Attorney stated that the City Council would need to take the matter under jurisdiction in order to make an substantive changes. Following brief discussion, the motion to receive and file Resolution No. 2016-19 carried without obj ection. RESOLUTION NO. 2016-20 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE WITH BASEMENT, GARAGES, COVERED PORCHES, SWIMMING POOL WITH A SPA, RETAINING WALLS AND NEW DRIVEWAY; AND REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE AND STABLE WITH LOFT AND CORRAL IN ZONING CASE NO. 902 AT 23 CREST ROAD EAST, (LOT 132A -MS), (HYNES). AND CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION TO APPROVE A NEW DRIVEWAY APRON AT 23 CREST RD EAST. Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request to construct a new 11,1000 sq. ft. residence with an 11,100 sq. ft. basement; two, two -car garages; covered porches in Zoning Case No. 902 at 23 Crest Road East. She noted that the approximately 6 acre lot is currently vacant. She further reviewed the applicant's request stating that the applicant also proposes to construct a pool and spa as well as a guest house and stable and Minutes City Council Meeting 09-12-16 0 corral She noted that a table showing a summary of the proposed project and the development standards has been placed on the dais for the City Council's consideration. She further stated that the applicant also proposes a driveway to provide access to the property and that the Traffic Commission reviewed the driveway apron and recommends approval. Ms. Schwartz stated that during the Planning Commission's review of the project, the applicant revised their request in order to address the concern raised with the initial request, including removing any requests for variance. She stated that the Planning Commission held several public hearings to consider the case and made two site visits to see the project. She further reviewed the grading, which consists of 51,625 cu. yds. with 13,750 cu. yds of over -excavation and 13,750 cu. yds of recompaction. She noted that 785 cu. yds. will be exported. Ms. Schwartz further reviewed the concerns raised by the neighbors below the proposed project and stated that the correspondence relating to those concerns od in included with the staff report. She commented that the applicant's engineer has also prepared a hydrology report and provided a general overview of hydrology. She commented that in response to concerns raised by the neighbors regarding the drainage the applicant proposed two cisterns on the upper pad and two cisterns on the lower pad. She further reviewed the development standards stating that the proposed project meets the development standards. Mayor Dieringer suggested that the applicant provide further clarification with regard to how the cisterns work. Councilmember Pieper moved that the City Council take Zoning Case No. 902' at 23 Crest Road East under jurisdiction. Councilmember Mirsch seconded the motion, which carried without objection. The public hearing was scheduled to begin with a site visit to 23 Crest Road East on Tuesday, October 4, 2016 beginning at 7:00 a.m. The City Council directed staff to ask the County engineers to be present at the public hearing if possible. PUBLIC HEARINGS None. OLD BUSINESS None.. NEW BUSINESS None. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS STATUS REPORT FROM THE CITY COUNCIL TREES AND VIEWS AD HOC COMMITTEE ON ITS EFFORTS TO AMEND THE VIEW PRESERVATION ORDINANCE AND TO POSSIBLY BRING FORWARD A BALLOT MEASURE TO MODIFY OR REPEAL MEASURE B. (ORAL REPORT) Minutes City Council Meeting 09-12-16 DRAFT The Committee reported that it is still considering placing a measure on the ballot to repeal Measure.B at the City's General Municipal Election scheduled for Tuesday, March 7, 2017 but a definitive decision has not yet been reached because they are still trying to come up with a compromise. Discussion ensued concerning the timeline for placing a measure on the ballot. In response to Mayor Pro Tem Black, City Attorney Jenkins stated that measure should be drafted and placed on the ballot by the City Council's second meeting in November. Mayor Dieringer suggested that if the Committee is considering a measure to repeal Measure B, the voters should also be given an opportunity to vote on a measure that would amend the View Ordinance to address the problems with Measure B without taking it away. She suggested that two measures be placed on the ballot so that voters have options. In response to the Mayor's suggestion, Councilmember Mirsch commented that if a compromise can't be reached, the Committee's recommendation to the City Council will be to place a measure on the ballot to repeal Measure B. Councilmember Mirsch commented that she is not supportive of governing by initiative and would prefer that the City Council have the ability to amend the Ordinance to address the concerns without requiring a vote of the electorate. Recognizing that there were members of the public wishing to address this mater, Mayor Dieringer called for comments. Spencer Karpf, 8 Maverick Lane addressed the City Council to suggest that the ad hoc committee be expanded to include additional members of the public and offered to participate in the discussions in an attempt to achieve a compromise regarding the proposed ballot initiative that is being circulated so that it can be offered to the City Council as an ordinance rather than a ballot initiative that would be adopted if Measure B is repealed. In response to Mr. Karpfs comment, Councilmember Pieper commented that what Mr. Karpf suggests is what the ad hoc committee is attempting to do. Arvel Witte, 5 Quail Ridge Road South addressed the City Council to express concern regarding the retroactivity provision in Measure B. In response to Dr. Witte's comment, City Attorney Jenkins stated that if Measure B is repealed, the retroactivity portion would also go away. Clint Patterson, 22 Georgeff Road addressed the City Council in support of repealing Measure B. The Committee was asked to report again at the October 10, 2016 City Council meeting. OTHER MATTERS FROM THE CITY COUNCIL Mayor Dieringer suggested that the City Council consider clarifying the language in the zoning case conditions of approval regarding violation of the conditions to specifically state the construction must Minutes City Council Meeting 09-12-16 DRAFT cease upon a violation until the violation is corrected. In response, City Attorney Jenkins commented that Mayor Dieringer's suggestion is consistent with the intent of the section and the City Council could direct staff to make such a change. The City Council concurred. She further suggested that the no further development without Planning Commission review be included as a standard condition. In response, Councilmember Pieper commented that doing so would discourage applicants from coming before the Planning Commission and lead to increase as built situations. Planning Director Schwartz commented that the Planning Commission adds that condition on a case -by -case basis. The City Council did not take an action or provide any direction to staff. Councilmember Mirsch commented that she found the report on the supplemental traffic enforcement statistics that was provided to the City Council informative and useful in evaluating the supplemental traffic enforcement program. In response to Mayor Dieringer, City Clerk Luce stated that this report is provided for supplement traffic enforcement only. MATTERS FROM STAFF REPORT AND DISCUSSION REGARDING ZONING CODE REQUIREMENT THAT UTILITIES BE UNDERGROUNDED UPON RELOCATING OR INCREASING THE ELECTRICAL PANEL SERVICING A BUILDING OR PARCEL. Planning Director Schwartz presented the staff report, which reviews the history of RHMC Section 17.27.030 that requires the undergrounding of utilities when an electrical panel is relocated or increased. Mayor Dieringer suggested that the City Council consider changing the provision so that upgrading a panel does not trigger the undergrounding requirement when doing so is done to simply address the existing electrical needs of the house and improve safety. City Attorney Jenkins provided additional background on this provision stating that the City Council at the time this ordinance was adopted was very interested in doing what it could to further the undergrounding of utilities and wanted the most aggressive ordinance possible to achieve that objective. Discussion ensued concerning the requirement and how it affects properties in the Flying Triangle area of the City where all utilities are above ground. Ed Smith, 85 Eastfield Drive addressed the City Council stating that undergrounding does not improve safety but rather improves aesthetics. Councilmember Pieper commented that he would not be in favor of changing the requirement. Mayor Pro Tem Black concurred. Following brief discussion, the City Council took no action. The report was received and filed. UPDATE ON THE STATUS OF CALIFORNIA WATER SERVICE COMPANY'S RESPONSE TO THE LETTER SENT BY CITY OF ROLLING HLLS REGARDING WATER BUDGETS AND ASSOCIATED APPEAL PROCESS. (ORAL REPORT) City Manager Cruz reported that on September 9th, the City received a response to the letter that was sent to Cal Water regarding water budgets and the appeal process indicating that Cal Water is unable to do anything to address the concerns raised and rejecting the City's request. He stated the next step would be to file an informal complaint with the CPUC and that a draft copy of the complaint form that will be Minutes City Council Meeting 09-12-16 0 DRAFT submitted online has been placed on the dais. He furtherer explained the CPUC's complaint/appeal process and reviewed the three main points addressed in the City's initial letter to Cal Water. Following discussion, Councilmember Pieper moved that the City Council direct staff to proceed with filing an informal appeal with the CPUC. Mayor Dieringer seconded the motion, which carried without objection. City Manager Cruz reported that at this time, there are not issues of an emergent nature for discussion at the September 26, 2016 City Council meeting so the meeting may be cancelled. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. CLOSED SESSION None. RETURN TO OPEN SESSION None. ADJOURNMENT Hearing no further business before the City Council, Mayor Dieringer adjourned the meeting at 8:19 p.m. to an adjourned regular meeting of the City Council scheduled to be held on Tuesday, October 4, 2016 beginning at 7:00 a.m. at 23 Crest Road East, Rolling Hills, California for the purpose of conducting a site visit to view the applicant's proposed project in Zoning Case No. 902. The next regular meeting of the City Council is scheduled to be held on Monday, October 10, 2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce City Clerk Approved, Bea Dieringer Mayor Minutes City Council Meeting 09-12-16 63) -stf Ralh'ef qee6 INCORPORATED JANUARY 24, 1957 AGENDA - ADJOURNED REGULAR MEETING CITY COUNCIL TUESDAY, OCTOBER 4, 2016 MEETING TIME/LOCATION: 7:00 A.M. 23 CREST ROAD EAST, ROLLING HILLS, CA NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY OF ROLLING HILLS FIELD TRIP 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC HEARING A. ZONING CASE NO. 902. Request for a Site Plan Review for the construction of a new 11,100 square foot residence, with 11,100 square foot basement, 1,540 square feet attached garages, 2,654 square feet covered porches, 864 square foot swimming pool and spa, trellises, new driveway and an outdoor kitchen and grading for a total of 51,625 cubic yards of dirt, which includes over -excavation and re -compaction; Conditional Use Permits to construct an 800 square foot guest house, and a 1,300 square foot stable; in Zoning Case No. 902, at 23 Crest Road East, (Lot 132A -MS), Rolling Hills, CA (Hynes). The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 exemption Guidelines. 4. OPEN AGENDA - PUBLIC COMMENT 5. ADJOURNMENT Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. :P AGENDA 84 al Reeea‘9 geek INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS REGULAR MEETING MONDAY, SEPTEMBER 12, 2016 7:00 P.M. Next Resolution No. 1190 Next Ordnance No. 347 1. CALL TO ORDER 2. ROLL CALL 3. OPEN AGENDA - PUBLIC COMMENT WELCOME This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4. 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 - Regular Meeting of August 22, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Consideration of an Agreement with Martin & Chapman Co. for 2017 Election Services. RECOMMENDATION: Approve as presented. D. Consideration of an Exchange Agreement and Assignment of Federal Surface Transportation Program — Local (STP-L) Funds between the City of Rolling Hills and the Los Angeles County Metropolitan Transportation Authority (LACMTA). RECOMMENDATION: Approve as presented. 5. COMMISSION ITEMS A. RESOLUTION NO. 2016-19 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW, CONDITIONAL USE PERMIT AND VARIANCE FOR GRADING AND CONSTRUCTION OF A STABLE WITH COVERED PORCHES, CORRAL, AND A RIDING RING, TO ENCROACH WITH THE RIDING RING INTO THE FRONT SETBACK, AND TO EXCEED THE PERMITTED DISTURBANCE OF THE LOT IN ZONING CASE NO. 904 AT 34 SADDLEBACK ROAD, (DELGADO). Page 1 of 3 B. RESOLUTION NO. 2016-20 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE WITH BASEMENT, GARAGES, COVERED PORCHES, SWIMMING POOL WITH A SPA, RETAINING WALLS AND NEW DRIVEWAY; AND REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE AND STABLE WITH LOFT AND CORRAL IN ZONING CASE NO. 902 AT 23 CREST ROAD EAST, (LOT 132A -MS), (HYNES). AND CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION TO APPROVE A NEW DRIVEWAY APRON AT 23 CREST RD EAST. 6. PUBLIC HEARINGS NONE. 7. OLD BUSINESS NONE. 8. NEW BUSINESS NONE. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS A. STATUS REPORT FROM THE CITY COUNCIL TREES AND VIEWS AD HOC COMMITTEE ON ITS EFFORTS TO AMEND THE VIEW PRESERVATION ORDINANCE AND TO POSSIBLY BRING FORWARD A BALLOT MEASURE TO MODIFY OR REPEAL MEASURE B. (ORAL REPORT) 10. MATTERS FROM STAFF A. REPORT AND DISCUSSION REGARDING ZONING CODE REQUIREMENT THAT UTILITIES BE UNDERGROUNDED UPON RELOCATING OR INCREASING THE ELECTRICAL PANEL SERVICING A BUILDING OR PARCEL. B. UPDATE ON THE STATUS OF CALIFORNIA WATER SERVICE COMPANY'S RESPONSE TO THE LETTER SENT BY CITY OF ROLLING HLLS REGARDING WATER BUDGETS AND ASSOCIATED APPEAL PROCESS. (ORAL REPORT) 11. CLOSED SESSION NONE. City Council Agenda 09/12/16 Page 2 of 3 12. ADJOURNMENT Next meeting: Monday, September 26, 2016 at 7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. City Council Agenda 09/12/16 Page 3 of 3 DRAFT Agenda Item No. 4-A Meeting Date: 09/12/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, AUGUST 22, 2016 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Dieringer at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Councilmembers Absent: Others Present: Black*, Mirsch, Pieper, Wilson and Mayor Dieringer. None. arrived just after Roll Call Raymond R. Cruz, City Manager. Mike Jenkins, City Attorney. Terry Shea, Finance Director. Heidi Luce, City Clerk. Gary Wynn, Wynn Engineering. Dan Armendariz, District Manager, California Water Service Company. Ramona Ci, 46 Eastfield Drive. Alya Lucas, 4 Open Brand Road/22 Portuguese Bend Road. Jim Aichele, 14 Crest Road West. OPEN AGENDA - PUBLIC COMMENT WELCOME None. 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 - Regular Meeting of August 8, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of July, 2016. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for July, 2016. RECOMMENDATION: Receive and file. Mayor Dieringer asked that Item 4A be removed from the Consent Calendar for individual consideration. Hearing no objection, she so ordered. DRAFT Councilmember Pieper moved that the City Council approve the remaining items on the consent calendar as presented. Mayor Pro Tem Black seconded the motion, which carried without objection. A. Minutes - Regular Meeting of August 8, 2016. RECOMMENDATION: Approve as presented. Following discussion concerning the content of the minutes specifically related to the details of the discussion that ensued during the oral report from the Trees and Views ad hoc committee, and noting a typographical error on pg. 10 where the word "future" was misspelled, Mayor Dieringer moved that the minutes be amended to add the discussion that was not represented regarding the specific options the Committee was considering. The motion died for lack of a second. Councilmember Wilson moved that the City Council approve the minutes of the regular meeting of the City Council held on August 8, 2016 as amended to correct the typographical error. Councilmember Pieper seconded the motion, which carried with Mayor Dieringer opposed. COMMISSION ITEMS None. PUBLIC HEARINGS CONSIDERATION OF AN APPEAL OF THE CITY OF ROLLING HILLS PLANNING COMMISSION'S DECISION IN ZONING CASE NO. 901 AT 5 PINE TREE LANE AS REFLECTED IN PLANNING COMMISSION RESOLUTION NO. 2016-15. AND CONSIDERATION OF A RESOLUTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE WITH A BASEMENT, DETACHED GARAGES, COVERED PORCHES, STABLE, SWIMMING POOL WITH A SPA, RETAINING WALLS AND NEW DRIVEWAY; A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE, DETACHED GARAGES, AND STABLE WITH LOFT; AND VARIANCES TO EXCEED MAXIMUM PERMITTED AVERAGE HEIGHT OF RETAINING WALLS AND TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE IN ZONING CASE NO. 901 AT 5 PINE TREE LANE, (LOT 94-RH), (SHARNG). Mayor Dieringer introduced the item and asked for staff's comments. City Manager Cruz reviewed the applicant's request to construct a new residence and ancillary structures in Zoning Case No. 901 at 5 Pine Tree Lane. He reviewed the background on the case stating that the Planning Commission adopted a Resolution approving the project on June 21, 2016 and the City Council received and filed the report on this case on June 11, 2016. He further stated that the Planning Commission's decision was then appealed by Mr. Keith Murphy, 3 Pine Tree Lane and the City Council, at its August 8, 2016 meeting held a public hearing to consider the appeal at which time after public testimony, discussion and consideration, the City Council directed staff to prepare a Resolution upholding the Planning Commission's decision. He further reviewed the staff report stating that included with the staff report is a Resolution upholding the Planning Minutes City Council Meeting 08-22-16 1 DRAFT Commission's decision to approve the project for the City Council's consideration along with an additional correspondence from Mr. Murphy. In response to Mayor Pro Tem Black, City Clerk Luce confirmed that the resolution presented for consideration reflects the same project and conditions that was approved by the Planning Commission. Mayor Pro Tem Black stated for the record that he reviewed the minutes from the August 8, 2016 public hearing on this matter. In response to Mayor Dieringer regarding the comments contained in Mr. Murphy's letter pertaining to his assertion that the findings constitute a guarantee that the project will not be injurious to his property, City Attorney Jenkins commented that Mr. Murphy misapprehends how California law works and is misreading the language. He further stated that the language in Section 7C of the Resolution that affirms the finding that the variance requested is not injurious to the neighboring property is not a representation as to whether or not there will be physical injury but rather that the deviation from the normal City standards will not be injurious to neighboring properties. He further commented that California law is clear that the City is immune from liability in damages for the City Council's discretionary acts. With regard to Mr. Murphy's additional assertion that a councilmember at the previous meeting implied the he should not have filed and appeal because the Planning Commission thoroughly scrutinized the application, Mr. Jenkins stated that if such a comment was made, it is an individual Councilmember's opinion and there is nothing detrimental about expressing an opinion; but in his opinion, that comment was not meant to suggest that a person who feels aggrieved by the Planning Commission should not file an appeal. He stated that everyone has a right to file an appeal. In response to Councilmember Mirsch regarding Mr. Murphy's suggestion that neighboring properties in escrow be notified of development projects, City Clerk Luce commented that public notice is mailed to property owners within a 1,000 ft. radius of the property. City Attorney Jenkins further commented that there are many opportunities for a potential buyer to become informed about a development project that may be near the property they are considering, including requesting to be added to the notification list; but the City does not have a way to ascertain what properties are in escrow. Mayor Dieringer called for public comment. Hearing none, she closed the public hearing. Councilmember Pieper moved that the City Council adopt Resolution No. 1188 upholding the Planning Commission's decision in Zoning Case No. 901 at 5 Pine Tree Lane. Mayor Pro Tem Black seconded the motion, which carried without objection by a roll call vote. ZONING CASE NO. 880 -REVISED. REQUEST FOR A SITE PLAN REVIEW AND VARIANCES FOR A 300 SQUARE FOOT ADDITION OF WHICH 61 SQUARE FEET ENCROACHES UP TO 7.5' INTO THE SIDE YARD SETBACK, AND THE EAVES ENCROACH 4' INTO THE SIDE YARD SETBACK BEYOND THE MAXIMUM OF 5' ENCROACHMENT ALLOWED; TO CONSTRUCT AN UP TO 7' HIGH 32' LONG RETAINING WALL WHICH WOULD NOT AVERAGE OUT TO 2.5' IN HEIGHT AND WHICH WOULD ENCROACH 12.5' INTO THE SIDE YARD SETBACK. PREVIOUS PROPOSALS WERE PUBLICLY REVIEWED AT THE CITY COUNCIL FIELD TRIP MEETING TO THE SITE ON OCTOBER 26, 2015 AND AT THE REGULAR CITY COUNCIL MEETINGS ON OCTOBER 26, 2015, NOVEMBER 9, 2015, JANUARY 11, 2016 AND JULY 11, 2016. THE PROJECT IS LOCATED AT 15 PORTUGUESE BEND ROAD, (LOT 78-RH), ROLLING HILLS, CA IN THE RAS-1 ZONING DISTRICT, (HASSOLDT). THE PROJECT IS Minutes City Council Meeting 08-22-16 0 DRAFT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15303, CLASS 3 EXEMPTION GUIDELINES AND CONSIDERATION OF A RESOLUTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO THE REQUIRED 20 -FOOT SIDE -YARD SETBACK WITH EAVES AND BY 61 -SQUARE FEET, DUE TO A 300 -SQUARE FOOT ADDITION; APPROVING A MODIFIED SITE PLAN REVIEW FOR A RETAINING WALL GREATER THAN THREE FEET IN HEIGHT AND VARIANCES TO ENCROACH INTO THE REQUIRED 20 -FOOT SIDE -YARD SETBACK BY 12.5 FEET, DUE TO A SEVEN (7) FOOT HIGH RETAINING WALL THAT DOES NOT AVERAGE OUT TO 2.5 FEET IN HEIGHT; AND ACKNOWLEDGING THE WITHDRAWAL OF A SITE PLAN REVIEW AND VARIANCE TO CONSTRUCT A 6 -FOOT HIGH WALL AND A 2 -FOOT FLAT WALKWAY AROUND THE BUILDING ADDITION IN ZONING CASE NO. 880 AT 15 PORTUGUESE BEND ROAD (LOT 78-RH), ROLLING HILLS CA, (HASSOLDT). Councilmember Pieper recused himself from consideration of this case due to the proximity of his property to the subject property and left the dais. Mayor Dieringer introduced the item and asked for staff's comments. City Manager Cruz reviewed background and history on this case stating that this matter was last before the City Council on July 11, 2016 at which time the applicant was proposing a shorter retaining wall in the setback and requesting a variance to allow a 2ft. rather than the 4ft. required walkway around house and the City Council at that time, directed staff to prepare a resolution partially approving and partially denying the applicant's previous request — specifically denying the request to allow a 2ft. rather than the 4ft. required walkway around house. He commented that at a previous meeting the City Council indicated that they would consider a proposal that included a higher retaining wall to encroach further into the side yard setback if such construction resulted in a 4 ft. wide walkway around the addition. He stated that after the July 11th meeting, the applicant has submitted revised request. He further reviewed the current proposal before the City Council, which includes a 32 ft. long and up to 7 ft. high retaining wall, which encroaches up to 12.5 ft. into the side yard setback for a short distance; and provides the minimum 4 ft. walkway around the addition. He further commented that the Rolling Hills Community Association has granted the applicant a license agreement to construct the wall in the side easement and the Architectural Committee has approved the addition. He stated that staff has prepared a draft resolution granting approval of the applicant's revised project for the City Council's consideration after the public hearing. He further commented that a letter was received from Mr. Weinberg on behalf of the Nuccions at 18 Portuguese Bend Road after the agenda packets were distributed and the letter has been placed on the dais. Mayor Dieringer called for public comment. Gary Wynn, Wynn Engineering addressed the City Council to further explain the applicant's revised request and to request that the City Council adopt the Resolution approving the request. In response to Councilmember Mirsch regarding the assertion on page 5 of Mr. Weinberg's letter that Mr. Wynn had previously expressed an opinion that there may stability issues if the wall is moved further into the setback, Mr. Wynn stated that a soils engineer has been retained and it has been ascertained that the Minutes City Council Meeting 08-22-16 DRAFT wall can be built safely from an engineering standpoint and he is not concerned about the stability. Discussion ensued regarding the location and construction of the wall and the slope stability. Hearing no further public comment. Mayor Dieringer closed the public hearing. With regard to the issues raised in Mr. Weinberg's letter, City Attorney Jenkins clarified that ordinarily during discretionary review, the City does not delve into the soils or geotechnical condition issues and those technical issues that are typically covered by the County of Los Angeles when it does its technical review for issuance of permits. He stated that during the County's review, if there were existence of such a condition, building permits would not be issued. He further stated that the City would typically only ask for additional information or further study where there is knowledge of an instability issue in the vicinity or on the property itself. In response to the issues raised in Mr. Weinberg's letter regarding the California Environmental Quality Act (CEQA), City Attorney Jenkins stated that Mr. Weinberg asserts through hypothetical situations and questions that the project will have a significant adverse impact on the environment, but submits no evidence of such impact. Further, with regard to the issue raised regarding the project requiring Fire Department review, City Attorney Jenkins commented that the project is not of such a scope to trigger the requirement for review by the Fire Department. He stated that he has reviewed the letter and he does not believe there is merit to the points raised in the letter. He further stated that the City Council's decision is simply whether it can make the findings for a variance. Mayor Pro Tem Black moved that the City Council adopt Resolution No. 1189 granting approval of the applicant's request in Zoning Case No. 880 -REVISED at 15 Portuguese Bend Road as presented. Councilmember Wilson seconded the motion, which carried without objection by a roll call vote. Councilmember Pieper returned to the dais. Recognizing that there were several members of the public present regarding Item 10B pertaining the draft letter to California Water Service company regarding its water budget appeal process, Mayor Dieringer suggested taking the matter out of order. Hearing no objection she so ordered and asked if any representatives from Cal Water are present. Dan Armendariz, District Manager for Rancho Dominguez, California Water Service Company identified himself as present. MATTERS FROM STAFF REVIEW AND APPROVAL OF A DRAFT LETTER TO CALIFORNIA WATER SERVICE COMPANY REGARDING ITS WATER BUDGET APPEAL PROCESS. Mayor Dieringer introduced the item and asked for staff's comments. City Manager Cruz reviewed the background on water budgets and the water budget appeal process, He stated that based on direction given at the last meeting, staff has prepared a draft letter to be sent to California Water Service Company (Cal Water) regarding the water budget appeal process for the City Council's consideration; and since the last meeting, an e-mail was received from Cal Water which indicates that since the State has suspended its mandates, Cal Water will not be considering any issues related to appeals. He reviewed the points raised in the letter including the actions requested, which are as follows: utilizing prior customer water -usage information in order to determine the base allocation for the parcels belonging to persons who came to Minutes City Council Meeting 08-22-16 0 DRAFT reside in the City following January 1, 2013 (a sample of whose documentation has been enclosed herewith along with a list of all residents who moved to the City after January .1, 2013); and providing an individualized water budget for these properties using aerial imagery and GIS' analysis; and reimbursing these residents for any improper surcharges resulting from Cal Water's inaccurate water -budget calculations and allocations during the entire surcharge period, starting from June 2015. He further stated that the letter asks for a response by September 9th and stated that if a response is not received, the City may consider all courses of action available including submitting an appeal to the California Public Utilities Commission. Mayor Dieringer further reviewed the issues related to the appeal process and suggested including in the letter the issue regarding the inequities of the process and the fact that an unfair standard was applied. Mayor Dieringer called for public comment. Ramona Ci, 46 Eastfield Drive addressed the City Council stating that they purchased the property in 2014 but the standard used to set the water budget baseline was unfair. She stated that she would submit documents in support of her complaint. Alya Lucas, 4 Open Brand Road/22 Portuguese Bend Road addressed the City Council stating that they too experienced an unfairness in setting their water budget and provided documents to staff in support of their complaint. Mayor Pro Tem Black asked Mr. Armendariz to respond to the public comment. Dan Armendariz, District Manager, California Water Service Company stated that he did not come prepared to address specific situations; but although the formal appeal process is dosed, they want to hear what's going on and do the best they can. Jim Aichele, 14 Crest Road West expressed concern regarding the safety of the asbestos pipes that California Water Service Company uses to supply water. In response to Mr. Aichele, Mr. Armendariz stated that Cal Water would be willing to provide an overview of its main replacement program at a future City Council meeting. Following discussion concerning the content of the letter, Councilmember Pieper moved that the City Council approve the letter to California Water Service Company regarding its water budget appeal process and direct the City Manager to send the letter to Cal Water. Mayor Pro Tem Black seconded the motion, which carried without objection. The City Council further directed staff to begin drafting the appeal to be submitted to the California Public Utilities Commission regarding this issue in the event the City does not receive a favorable response from California Water Service Company. Mayor Dieringer suggested also taking Item 10A regarding the quarterly investment report out of order. Hearing no objection she so ordered. QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING JUNE 30, 2016. Minutes City Council Meeting 08-22-16 DRAFT Mayor Dieringer introduced the item and asked for staffs comments. Finance Director Shea reviewed the investment report for the quarter ending June 30, 2016 stating that the current quarter's active deposits is $6.86 million with a yield of .601%. He further stated that the balance in the City's Ca1PERS CERBT OPEB Irrevocable Trust is $513,094. Following brief discussion concerning the City's OPEB investment and options for funding the City's unfunded pension liability, Councilmember Pieper moved that the City Council receive and file the investment report for the quarter ending June 30, 2016. Mayor Pro Tem Black seconded the motion, which carried without objection. The City Council further directed staff to schedule a meeting with the Finance/Budget/Audit Committee for the purpose of discussing options for funding the City's unfunded pension liability. OLD BUSINESS None. NEW BUSINESS None. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS CONSIDERATION OF A RECOMMENDATION FROM THE PERSONNEL COMMITTEE FOR AN APPOINTMENT TO THE PLANNING COMMISSION. Mayor Dieringer introduced the item and asked for a report from the Personnel Committee. Councilmember Pieper reported that that the Committee interviewed two capable candidates to fill the Planning Commission vacancy and after lengthy deliberation on the matter, recommends the appointment of Matt Seaburn. Mayor Dieringer disclosed that she attended the Personnel Committee meetings but did not participate. She expressed concern that because Mr. Seaburn live close in proximity to an existing Planning Commissioner, there may be an issue achieving a quorum in cases where the applicant's property is within 500 ft. of the two commissioners and both have to recuse themselves from the case. Discussion ensued concerning the point raised by Mayor Dieringer. Councilmember Pieper commented that he believes it is important that the Planning Commissioners continue to maintain the character of the Community and the Committee believes that Mr. Seaburn is the best candidate to achieve that objective. He stated that he does not believe there will be many, if any cases for which both Commissioners would have to recuse themselves. Further discussion ensued concerning the length of time the applicant's have lived in the City. Mayor Dieringer further expressed concern that Mr. Seaburn has not lived in the City very long. She further commented that she believes Dr. Schaye is a more long-term, engaged resident and would provide better balance on the Commission. Councilmember Mirsch commented that during its deliberation, the Personnel Committee discussed at length all of the issues being raised, and came to the conclusion the Mr. Seaburn is the best candidate to fill the position at this time. Minutes City Council Meeting 08-22-16 DRAFT Following discussion, Councilmember Pieper moved that the City Council appoint Matt Seaburn to serve on the Rolling Hills Planning Commission for the remainder of the unexpired term. Councilmember Mirsch seconded the motion, which carried by roll call vote with Mayor Pro Tem Black and Mayor Dieringer opposed. UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETING HELD ON AUGUST 11, 2016. (ORAL REPORT) Mayor Dieringer provided an update from the August 11, 2016 Palos Verdes Peninsula Regional Law Enforcement Committee meeting stating that there was a temporary adjustment made to the contract because the motor deputy was promoted and the funds will be used for general patrol instead. She also provided an update on the Automated License Plate Recognition (ALPR) camera project as well as a recent trend in vehicle burglaries where an electronic device is being used to unlock locked vehicles and mail theft. DISCUSSION CONCERNING SCHEDULING A JOINT MEETING BETWEEN THE CITY COUNCIL AND PLANNING COMMISSION. (ORAL REPORT) City Clerk Luce reported that after polling the Planning Commissioners, the only dates for which all of the City Council and Planning Commission are available for the joint meeting is Tuesday, November 1st or Wednesday, November 2nd. Following brief discussion, the City Council directed staff to proceed with scheduling the joint meeting for November ls` at 6:30 p.m. OTHER MATTERS FROM THE CITY COUNCIL Mayor Dierigner suggested that the City agendize a discussion regarding the Zoning Code requirement that utilities be undergrounded when a property owner upgrades an electrical panel. The City Council directed staff to agendize the matter for discussion at a future City Council meeting. Councilmember Pieper reported that the proponents of the proposed view initiative are holding a town hall meeting on September 14`h Councilmember Mirsch suggested that the City Council agendize a discussion regarding the drains on Crest Road (between Southfield Drive and Portuguese Bend Road) specifically, who is responsible for them. The City Council directed staff to agendize the matter for discussion at a future City Council meeting. MATTERS FROM STAFF (continued) CONSIDERATION OF CHANGING THE ASSOCIATE PLANNER POSITION TO ASSISTANT PLANNER IN ORDER TO INITIATE RECRUITMENT FOR POSITION. Mayor Dieringer introduced the item and asked for staffs comments. City Manager Cruz presented the staff report pertaining to changing the Associate Planner position to Assistant Planner so that the recruitment process can be initiated. He explained the challenges associated with the last recruitment and Minutes City Council Meeting 08-22-16 -8- DRAFT stated that changing the position to Assistant Planner and keeping the salary range the same will be more attractive to prospective candidates. Mayor Pro Tern Black expressed concern that the staff report referred to the City's benefits as mediocre and commented that the he believes that City provides good benefits to its employees and has their long-term best interest in mind. Councilmember Pieper suggested that the City continue to allocate the maximum allowed hours to the part-time planner position during the recruitment process as well as during the training of the new Planning Assistant. Following discussion, Councilmember Pieper moved that the City Council approve changing the title of the planning position to Assistant Planner. Mayor Pro Tern Black seconded the motion, which carried without objection. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. CLOSED SESSION None. RETURN TO OPEN SESSION None. ADJOURNMENT Hearing no further business before the City Council, Mayor Dieringer adjourned the meeting at 9:07 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, September 12, 2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce City Clerk Approved, Bea Dieringer Mayor Minutes City Council Meeting 08-22-16 AGENDA ge't al Rollie, qe:i4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS REGULAR MEETING MONDAY, AUGUST 22, 2016 7:00 P.M. Next Resolution No. 1188 1. CALL TO ORDER 2. ROLL CALL 3. OPEN AGENDA - PUBLIC COMMENT WELCOME Next Ordnance No. 347 This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4. CONSENT CALENDAR Matters which may he 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 August 8, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of July, 2016. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for July, 2016. RECOMMENDATION: Receive and file. 5. COMMISSION ITEMS NONE. Page 1 of 3 6. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF THE CITY OF ROLLING HILLS PLANNING COMMISSION'S DECISION IN ZONING CASE NO. 901 AT 5 PINE TREE LANE AS REFLECTED IN PLANNING COMMISSION RESOLUTION NO. 2016-15. AND CONSIDERATION OF A RESOLUTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE WITH A BASEMENT, DETACHED GARAGES, COVERED PORCHES, STABLE, SWIMMING POOL WITH A SPA, RETAINING WALLS AND NEW DRIVEWAY; A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE, DETACHED GARAGES, AND STABLE WITH LOFT; AND VARIANCES TO EXCEED MAXIMUM PERMITTED AVERAGE HEIGHT OF RETAINING WALLS AND TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE IN ZONING CASE NO. 901 AT 5 PINE TREE LANE, (LOT 94-RH), (SHARNG). B. ZONING CASE NO. 880 -REVISED. REQUEST FOR A SITE PLAN REVIEW AND VARIANCES FOR A 300 SQUARE FOOT ADDITION OF WHICH 61 SQUARE FEET ENCROACHES UP TO 7.5' INTO THE SIDE YARD SETBACK, AND THE EAVES ENCROACH 4' INTO THE SIDE YARD SETBACK BEYOND THE MAXIMUM OF 5' ENCROACHMENT ALLOWED; TO CONSTRUCT AN UP TO 7' HIGH 32' LONG RETAINING WALL WHICH WOULD NOT AVERAGE OUT TO 2.5' IN HEIGHT AND WHICH WOULD ENCROACH 12.5' INTO THE SIDE YARD SETBACK. PREVIOUS PROPOSALS WERE PUBLICLY REVIEWED AT THE CITY COUNCIL FIELD TRIP MEETING TO THE SITE ON OCTOBER 26, 2015 AND AT THE REGULAR CITY COUNCIL MEETINGS ON OCTOBER 26, 2015, NOVEMBER 9, 2015, JANUARY 11, 2016 AND JULY 11, 2016. THE PROJECT IS LOCATED AT 15 PORTUGUESE BEND ROAD, (LOT 78-RH), ROLLING HILLS, CA IN THE RAS-1 ZONING DISTRICT, (HASSOLDT). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15303, CLASS 3 EXEMPTION GUIDELINES AND CONSIDERATION OF A RESOLUTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO THE REQUIRED 20 -FOOT SIDE -YARD SETBACK WITH EAVES AND BY 61 -SQUARE FEET, DUE TO A 300 - SQUARE FOOT ADDITION; APPROVING A MODIFIED SITE PLAN REVIEW FOR A RETAINING WALL GREATER THAN THREE FEET IN HEIGHT AND VARIANCES TO ENCROACH INTO THE REQUIRED 20 -FOOT SIDE -YARD SETBACK BY 12.5 FEET, DUE TO A SEVEN (7) FOOT HIGH RETAINING WALL THAT DOES NOT AVERAGE OUT TO 2.5 FEET IN HEIGHT; AND ACKNOWLEDGING THE WITHDRAWAL OF A SITE PLAN REVIEW AND VARIANCE TO CONSTRUCT A 6 -FOOT HIGH WALL AND A 2 -FOOT FLAT WALKWAY AROUND THE BUILDING ADDITION IN ZONING CASE NO. 880 AT 15 PORTUGUESE BEND ROAD (LOT 78-RH), ROLLING HILLS CA, (HASSOLDT). City Council Agenda 08/22/16 Page 2 of 3 7. OLD BUSINESS NONE. 8. NEW BUSINESS NONE. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS A. CONSIDERATION OF A RECOMMENDATION FROM THE PERSONNEL COMMITTEE FOR AN APPOINTMENT TO THE PLANNING COMMISSION. B. UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETING HELD ON AUGUST 11, 2016. (ORAL REPORT) C. DISCUSSION CONCERNING SCHEDULING A JOINT MEETING BETWEEN THE CITY COUNCIL AND PLANNING COMMISSION. (ORAL REPORT) 10. MATTERS FROM STAFF A. QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING JUNE 30, 2016. B. REVIEW AND APPROVAL OF A DRAFT LETTER TO CALIFORNIA WATER SERVICE COMPANY REGARDING ITS WATER BUDGET APPEAL PROCESS. C. CONSIDERATION OF CHANGING THE ASSOCIATE PLANNER POSITION TO ASSISTANT PLANNER IN ORDER TO INITIATE RECRUITMENT FOR POSITION. 11. CLOSED SESSION NONE. 12. ADJOURNMENT Next meeting: Monday, September 12, 2016 at 7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. City Council Agenda 08/22/16 Page 3 of 3 DRAFT Agenda Item No. 4-A Meeting Date: 08/22/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, AUGUST 8, 2016 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Dieringer at 7:01 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Councilmembers Absent: Others Present: Mirsch, Pieper, Wilson and Mayor Dieringer. Black (excused). Raymond R. Cruz, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Keith Murphy, 3 Pine Tree Lane. Richard Colyear, 35 Crest Road West. Tavisha Nicholson, Bolton Engineering. Chris Sharng, 5 Pine Tree Lane. Shahla Rizi, 23 Portuguese Bend Road/41 Eastfield Drive. David Lillington, 14 Georgeff Road. Isabel Puri, 15 Bowie Road. Preston Young, on behalf of 2738 Palos Verdes Drive North (Chen). Spencer Karpf, 8 Maverick Lane. OPEN AGENDA - PUBLIC COMMENT WELCOME. Keith Murphy, 3 Pine Tree Lane addressed the City Council to suggest that a provision be added to the City's Municipal Code so that potential new owners that are in escrow topurchase a property are notified of Zoning Cases being considered by the Planning Commission. Richard Colyear, 35 Crest Road West addressed the City Council to ask that the City provide a date certain by which his petition needs to be submitted so that it can be on the March 2017 ballot. Mayor Dieringer suggested that staff handle this inquiry administratively. 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. DRAFT A. Minutes - Regular Meeting of July 11, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of June, 2016. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for June, 2016. RECOMMENDATION: Receive and file. E. Review and approval of the Planning/Traffic Commission Recruitment/Appointment Timeline for terms expiring in January 2017. RECOMMENDATION: Approve as presented. F. City of Rolling Hills Conflict of Interest Code Biennial Review. RECOMMENDATION: No changes. Receive and file. G. Consideration of a date of December 12, 2016 from 4-7 pm for the 31s` Annual Holiday Open House RECOMMENDATION: Approve as presented. H. Consideration of the following claim — CLAIMANT: Rick Edler/Merryweather Properties, Inc.; DATE OF LOSS: August 5, 2015; DATE FILED: July 15, 2016; ALLEGATION: Water damage to several units on a property located at 608 Silver Spur Road, Rolling Hills Estates, CA 90274 RECOMMENDATION: Deny claim. Councilmember Pieper moved that the City Council approve the items on the consent calendar as presented. Councilmember Mirsch seconded the motion, which carried without objection. COMMISSION ITEMS RESOLUTION NO. 2016-17 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR A SWIMMING POOL/SPA, WALLS, FIRE PIT, BARBECUE, POOL EQUIPMENT, AND A VARIANCE TO EXCEED 2.5' HIGH AVERAGE FOR ASSOCIATED WALLS IN ZONING CASE NO. 906 AT 27 CREST ROAD WEST, (LOT 174 -B -MS), ROLLING HILLS, CA (GOLDENBERG). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15303, CLASS 3 EXEMPTION GUIDELINES. Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request to construct a swimming pool, spa, walls and various other amenities in Zoning No. 906 at 27 Crest Road West and stated that the Planning Commission approved this request. She stated that a location for a future stable and corral is proposed at the rear of the property and the lot is currently developed with a tennis court. Councilmember Mirsch commented that she attended the site visit when the Planning Commission visited this site and she is familiar with the project. Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No. 2016-17 granting approval of the applicant's request in Zoning Case No. 906 at 27 Crest Road West. Councilmember Wilson seconded the motion, which carried without objection. Minutes City Council Meeting 08-08-16 DRAFT RESOLUTION NO. 2016-18 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE, GARAGE AND A BASEMENT, SWIMMING POOL, VARIOUS OUTDOOR AMENITIES AND VARIOUS RETAINING WALLS, A NEW DRIVEWAY AND GRADING; REQUEST FOR VARIANCES TO ENCROACH WITH THE RESIDENCE, BASEMENT, LIGHT WELLS AND SEVERAL WALLS INTO SETBACKS, OF WHICH SOME DO NOT AVERAGE OUT TO 2.5' IN HEIGHT, TO LOCATE THE POOL, POOL EQUIPMENT AND FUTURE STABLE AND CORRAL IN FRONT YARD AREA, TO EXCEED THE MAXIMUM PERMITTED TOTAL LOT COVERAGE AND DISTURBED AREA, TO EXCEED THE MAXIMUM PERMITTED COVERAGE OF FRONT SETBACK WITH THE DRIVEWAY AND TO EXPORT DIRT IN ZONING CASE NO. 895, AT 10 BOWIE ROAD, (LOT 4-CRA), ROLLING HILLS, CA (PANG JUI YIU). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15303, CLASS 3 EXEMPTION GUIDELINES. Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant'srequest to construct a new single-family residence, garage, swimming pool, retaining walls, a new driveway and various other amenities in Zoning Case No. 895 at 10 Bowie Road stating that the Planning Commission approved this request after several public hearings; and after the applicant revised the project to address the concerns raised by the Planning Commission and several of the neighbors. She stated that a neighbor who did not speak up previously (Barnard), recently submitted a letter objecting to the project and the letter is included with the staff report. She further stated that another neighbor expressed concern regarding the soils, geology and hydrology of the entire area noting that the applicant has submitted soils reports which state that the area is suitable for development and at the time of plan check, the reports will be further reviewed. She further reviewed the proposed grading stating that the applicant is requesting a variance to export more dirt than is allowed so that the house can be lowered as suggested by the Planning Commission in response to concerns raised about the project. She reviewed the proposed new driveway configuration stating that the Traffic Commission reviewed and recommends approval of the new driveway apron. She further reviewed the disturbance, the development standards and the other variances being requested. Discussion ensued concerning what would trigger the need for additional soils and geology reports. In response, Planning Director Schwartz stated that this matter would be determined by the County during its review of the reports submitted. Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No. 2016-18 granting approval of the applicant's request in Zoning Case No. 895 at 10 Bowie Road. Councilmember Mirsch seconded the motion, which carried without objection. PUBLIC HEARINGS CONSIDERATION OF AN APPEAL OF THE CITY OF ROLLING HILLS PLANNING COMMISSION'S DECISION IN ZONING CASE NO. 901 AT 5 PINE TREE LANE AS REFLECTED IN PLANNING COMMISSION RESOLUTION NO. 2016-15: Minutes City Council Meeting 08-08-16 0 DRAFT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE WITH A BASEMENT, DETACHED GARAGES, COVERED PORCHES, STABLE, SWIMMING POOL WITH A SPA, RETAINING WALLS AND NEW DRIVEWAY; A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE, DETACHED GARAGES, AND STABLE WITH LOFT; AND VARIANCES TO EXCEED MAXIMUM PERMITTED AVERAGE HEIGHT OF RETAINING WALLS AND TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE IN ZONING CASE NO. 901 AT 5 PINE TREE LANE, (LOT 94-RH), (SHARNG). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15303, CLASS 3 EXEMPTION GUIDELINES. Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwas tz stated the on June 21, 2016, the Planning Commission approved the applicant's request in Zoning Case no. 901 at 5 Pine Tree Lane and on .Tuly 11, 2.016, the City Council received a report on the project and at that time, the report was received and filed. She stated that pursuant to the appeal procedure set forth in the Municipal Code, this project was appealed by Mr. Keith. Murphy, the property owner at 3 Pine Tree Lane so this case is before the City Council for review and consideration. She stated the staff repro contains the complete record of the proceedings thus far including the appeal as well as the correspondence that was submitted with regard to this appeal. Ms. Schwartz reviewed the objections expressed in Mr. Murphy's appeal, which include objection to the variance granted for the grading and the height of the retaining walls. She noted that at the time this matter was before the Planning Commission, Mr. Murphy was not the owner of the property but the Planning Commission was informed by the previous owner that the property was in escrow. Ms. Schwartz further reviewed the proposed project, which includes a 5,250 sq. ft. residence with a 5,250 sq. ft. basement; two detached garages; a pool and spa; an 800 sq. ft. guesthouse and a 1,810 sq. ft stable with a loft. She stated that the applicant is also proposing a new driveway to access the property and several walls which range in height from 3-5 ft. She stated that this project was modified, and reduced in size and scope from what was originally proposed based on the concerns expressed by the Planning Commission during its review of the project. Ms. Schwartz further explainted that the current driveway serving this property also serves the property at 3 Pine Tree Lane and the Planning Commission included a condition in its approval of the project that the applicants maintain the driveway open for use by 3 Pine Tree Lane and that there be no impact of the development on the access to 3 Pine Tree Lane. She reviewed the proposed grading stating that the dirt will be balanced on site. Ms. Schwartz stated that the applicant is requesting a variance to exceed the maximum allowed disturbance with disturbance proposed at 45.2% where the maximum allowed is 40%. She further reviewed the development standards. Mayor Dieringer called for public comment. Keith Murphy, 3 Pine Tree Lane addressed the City Council to further explain his objections stating that his specific concern with regard to the grading at the back wall near his property line and the variance being requested to allowfor the construction of 2:1 slopes versus 3:1 slopes. He expressed concern that his property would be at risk for property damage and erosion damage. He stated that he had an engineer, John Schuricht of Palos Verdes Engineering review the plans and visit the site and he was informed by Minutes City Council Meeting 08-08-16 DRAFT Mr. Schuricht that there is risk to his property because of the project. He further stated that he also had a geologist, Tony Lee review the project and Mr. Lee stated that there is a risk of erosion due to the project. Mr. Murphy further expressed concern, with regard to the shared driveway, that condition J in the Planning Commission's resolution does not adequately allow for his continued use of the driveway. Mr. Murphy further suggested that the City Council reconsider some of the amenities that were eliminated during the Planning Commission's consideration of the case, including the tennis court. He further suggested that the applicant consider raising the building pad to maintain the slope on his side and that the applicant reconsider how the overall project is designed to make the best use of the property without impacting his property. In response to Mr. Murphy's suggestions, Councilmember Pieper explained the Planning Commission's reasoning for suggesting that the building pad be lowered, noting that if it were to be raised, it might create a view obstruction. Discussion ensued concerning the issues raised by Mr. Murphy and the communications between Mr. Murphy and Mrs. Sharng. Further discussion ensued concerning condition J in the resolution regarding maintaining access to the existing shared driveway that serves Mr. Murphy's property. Mayor Dieringer commented that the City Attorney indicated, when this mater was discussed previously, that the condition is sufficient to provide for continued access to the property at 3 Pine Tree Lane. Tavisha Nicholson, Bolton Engineering addressed the City Council on behalf of the applicant to further explain the final project and the changes that were made during the Planning Commission's consideration of the project to address the concerns raised. She explained that the variance requested to exceed the maximum allowed disturbance stating that the exceedance is primarily due to the proposed stable and corral; and without those items the disturbance would be at 39% which would not require a variance. She further explained the variance requested to exceed the maximum average 2.5 ft. wall height stating that the proposed walls average 3 ft. in height and are mostly visible from the Sharng property and the downhill side of the stable. Ms. Nicholson further commented that since the City Council received its report on the Planning Commission's approval, the applicant received a soils and geology report which indicated that there are favorable geologic conditions and the planned development will not have a negative impact on neighboring properties and a copy of that report has been provided to the City. Ms. Nicholson further explained the review process that the proposed project will -be subject to during the County Building Department's review and assessment of the project. With regard to the issue raised regarding the access to Mr. Murphy's property via the shared driveway, Ms. Nicholson stated that the access to Mr. Murphy's property will be maintained. Discussion ensued concerning the feasibility of the changes Mr. Murphy suggested. In response to Councilmember Mirsch, Ms. Nicholson commented that as part of her preparation of a plan; when she stamps the plan, she is confirming that the project will not negatively impact the subject property or the neighboring properties and further, the engineers that finally approve the plans will make a similar affirmation. In response to Councilmember Wilson, Ms. Nicholson explained the revised driveway configuration. It was noted that the Planning Commission reviewed and approved the revised driveway, but that review occurred before the Traffic Commission reviewed and recommended approval of the revised location of the driveway apron. Minutes City Council Meeting 08-08-16 DRAFT Chris Sharng, 5 Pine Tree Lane addressed the City Council to further explain the revisions that were made to their original plan and the process they went through during the Planning Commission's consideration of this case, which ultimately resulted in the Planning Commission's approval of the project. He commented that the project received a thorough and rigorous review when it was before the Planning Commission and requested tlra.t the City Council approve the project. Shahla Rizi, 23 Portuguese Bend. Road addressed the City Council to express concern that she will be able to see the house from her property across the canyon and requested that there be vegetation to screen the house from her view. Discussion ensued concerning the conditions included in the Resolution that might address Ms. Rizi's concern. Mr. Murphy addressed the City Council to further explain why this appeal was filed. He suggested again that the City notify new owners that are in escrow to purchase a property of Zoning Cases being considered by the Planning Commission. Hearing no further public comment, Mayor Dieringer asked for comments from the City Council. Councilmember Pieper corxrrnentedthat based on his review attic proposed project, he does not believe it would in h made were implemented. Discussionensued result abetter project if the suggestions Mr. Murphy concerning the issues raised by Mr. Murphy and whether or not a field trip is necessary. Following discussion, the City Council concurred that the Planning Commission adequately reviewed this project and that a field trip is not necessary. Following further discussion, Councilmember Pieper moved that the City Council direct staff to prepare a Resolution upholding the Planning Commission's decision granting approval of the applicant's request in Zoning Case No. 901 at 5 Pine Tree Lane with the standard findings of fact and conditions of approval. Councilmember Wilson seconded the motion, which carried by roll call vote without objection. Recognizing that there are members of the public present with interest in item 10B under Matters from Staff relating to California Water Company's water budget appeal process, Mayor Dieringer suggested that the item be taken out of order. Hearing no objection, she so ordered. MATTERS FROM STAFF CALIFORNIA WATER SERVICE COMPANY WATER BUDGET APPEAL ASSISTANCE UPDATE. (ORAL REPORT) City Manager Cruz provided an update on the City's efforts in working with California Water Service Company with regard to the water budget appeal process and the changes that were recently made to Cal Water's Emergency Water Conservation plan. He stated that the changes include: reducing water reduction requirement from 36% to a voluntary 10% water reduction target; suspending water surcharges and suspending the water budget appeal process as of July 29, 2016. Mayor Dieringer further explained the issues that surround the water budget appeal process including that Cal Water is not willing to allow access to previous property owners usage data when setting water budgets for new residents since 2013. She noted that one resident in particular was having difficulty working with Cal Water regarding their water budget appeal until they advised Assemblyman David Hadley of the issue which resulted in a prompt resolution of the issues. Discussion ensued concerning the water budget appeal process and the Minutes City Council Meeting 08-08-16 DRAFT challenges associated with the process. Councilmember Pieper suggested a letter be written to Cal Water outlining the concerns. Councilmember Mirsch suggested the letter also be copied to Assemblyman Hadley and the CPUC. Mayor Dieringer called for public comment. David Lillington, 14 Georgeff Road addressed the City Council to express concern regarding the way water budgets are set and the water budget appeal process. Roman Puri, 15 Bowie Road addressed the City Council on behalf of his mother Isabel Puri to also express concern regarding the way water budgets are set. Shahla Rizi, 41 Eastfield Drive addressed the City Council to express concern regarding the way water budgets are set. In response to her inquiry, the City Council informed her that if she is not residing at the property, she would need her tenant's information in order to file an appeal. Preston Young, addressed the City Council on behalf of 2738 Palos Verdes Drive North (Chen) to express concern regarding the way water budgets are set. Spencer Karpf, 8 Maverick Lane addressed the City Council to express concern regarding the way water budgets are set. Following discussion, Councilmember Pieper moved that the City Council direct the City Manager and City Attorney to prepare a draft letter to California Water Service Company regarding this issue for the City Council's review at its August 22 meeting. Councilmember Wilson seconded the motion, which carried without objection. PUBLIC HEARINGS (CONTINUED) RESOLUTION NO. 1187 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. Mayor Dieringer introduced the item and asked for staffs comments. Planning Director Schwartz presented the staff report which explains that the Congestion Management Program (CMP) is a state mandated program intended to address the impact of new construction and local growth on the regional transportation system and air quality and requires that the City hold a public hearing and adopt a Resolution finding the City to be in conformance with the CMP and adopting the CMP Local Implementation Report. She stated that the report certifies that the City did not cause any impact on regional transportation or air quality; and that the City is within the State requirements for the CMP program. Mayor Dieringer called for public comment. Hearing none, she closed the public comment and asked for comments from the City Council. Minutes City Council Meeting 08-08-16 DRAFT Following brief discussion, Councilmember Mirsch moved that the City Council adopt Resolution No. 1187 finding the City to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Development Report as presented. Councilmember Pieper seconded the motion, which carried without objection. OLD BUSINESS REPORT ON STATUS OF RESOLUTION REQUESTED IN ZONING CASE NO. 880 AT 15 PORTUGUESE BEND ROAD (LOT 78-RH), ROLLING HILLS CA, (HASSOLDT). Planning Director Schwartz reported that since the last time the City Council considered this case at which time staff was directed to prepare a resolution partially approving and partially denying the applicant's request, the applicant's representative has submitted a revised site plan indicating that they will no longer be requesting a variance for a less than 2 ft. walkway, but will be requesting a variance to construct an up to 7 ft. high wall which would encroach into the side yard setback. She stated that this revised request will have to be noticed for a public hearing. She further commented that since this revised plan substantially complies with the suggestion previously provided to the applicant by the City Council, staff will also bring a draft resolution approving the applicant's revised request for the City Council's consideration at its August 22, 2016 meeting. Following brief discussion, Councilmember Wilson moved that the City Council receive and file the report. Councilmember Mirsch seconded the motion, which carried without objection. Councilmember Pieper abstained from voting on this matter due to the proximity of his property to the subject property. NEW BUSINESS None. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS DISCUSSION CONCERNING SCHEDULING A JOINT MEETING BETWEEN THE CITY COUNCIL AND PLANNING COMMISSION. (ORAL REPORT) Mayor Dieringer suggested that the City Council consider a Saturday or Sunday date for the joint meeting between the City Council and Planning Commission given that it has been difficult to schedule for a weekday evening. The City Council directed staff to continue pursuing the proposed weekdays and report back to the City Council. Mayor Dieringer asked that this matter be agendized for further discussion at the August 22 City Council meeting. STATUS REPORT FROM THE CITY COUNCIL TREES AND VIEWS AD HOC COMMITTEE ON ITS EFFORTS TO AMEND THE ORDINANCE AND TO POSSIBLY BRING FORWARD A BALLOT MEASURE TO MODIFY OR REPEAL MEASURE B. (ORAL REPORT) The Trees and Views Ad Hoc Committee provided an update on the status of the discussions regarding Minutes City Council Meeting 08-08-16 0 DRAFT bringing forward a ballot measure to repeal Measure B and reported that a decision on a recommendation has not yet been reached. Discussion ensued concerning the options the City Council may consider in moving forward given that a notice of intent to submit a new initiative has been filed; and concerning the impact of repealing Measure B. Councilmember Mirsch expressed concern that this issue with having a measure on the ballot whether it's put on by the City Council or by an initiative, cannot be amended except by another vote of the people. Mayor Dierginer asked for public comment. Spencer Karpf, 8 Maverick Lane asked the City Council if a measure could be drafted in such a way that if it were adopted by the voters, it could still be treated as an ordinance. In response to Mr. Karpf's inquiry, City Attorney Jenkins stated that a provision can be placed in an initiative ordinance that allow for subsequent amendment by the City Council but most proponents don't include such a provision. Mr. Karpf further expressed concern that this matter has the potential to become a very divisive issue. Arvel Witte, 5 Quail Ridge Road South addressed the City Council in support of the City's previous view ordinance. Following further discussion, Mayor Dieringer asked that this matter be agendized for further discussion at the September 12 City Council meeting. City Manager Cruz suggested that item 10A under Matters from Staff pertaining to the tennis court area improvement project be taken out of order. Hearing no objection, Mayor Dieringer so ordered. MATTERS FROM STAFF DISCUSSION AND APPROVAL - PRELIMINARY PROPOSAL FOR IMPROVEMENTS TO THE TENNIS COURT AREA. City Manager Cruz presented the staff report including the background and current status of the tennis court improvement project being coordinated jointly by the City and the Rolling Hills Community Association. He commented that the City's portion of the project primarily relates to the changes being made to make the tennis courts and restroom that serve the area ADA compliant. He reviewed the proposed plans and the preliminary budget for the project stating that the estimated cost to the city is currently proposed at $186,980. He stated that staff is asking the City Council to accept the conceptual plans; to approve the preliminary budget; appropriate $5,000 toward constructing the ADA compliant restrooms; and authorize staff to retain the County of Los Angeles or private engineering firm to prepare the final structural plans. City Clerk Luce noted that correspondence in support of the project was received earlier today and has been placed on the dais. Kristen Raig, RHCA Association Manager addressed the City Council to further explain the proposed project. She commented that one of the objectives of this project is to make it a place where people can gather because there is no other place in the City for people to gather. Following discussion, Councilmember Wilson moved that the City Council approve the preliminary plans and preliminary budget for the improvements to the Tennis Court area; appropriate up to $5,000 towards Minutes City Council Meeting 08-08-16 DRAFT building the ADA compliant restroom; and authorize staff to retain either Los Angeles County or a private engineering firm to adopt the final plans. Councilmember Mirsch seconded the motion, which carried without objection by roll call vote. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS DISCUSSION AND DIRECTION TO PURSUE A PROPOSAL TO PURCHASE BASIC VIDEO EQUIPMENT IN ORDER TO POST IMPORTANT COMMUNITY PRESENTATIONS ON THE CITY'S WEBSITE. (ORAL REPORT) Mayor Dieringer suggested that the City Council consider purchasing basic video equipment in order to record and post important community presentations on the City's web site. The City Council did not act on the suggestion, but rather it was suggested that, as a trial at the next presentation, Mayor Dieringer video record the meeting and forward to Councilmember Pieper for editing so that it can be forwarded to staff and uploaded to the City's web site. DISCUSSION AND DIRECTION TO PURSUE A PROPOSAL TO HOST A CITY TOWN HALL MEETING IN THE NEAR FUTURE. (ORAL REPORT) Mayor Dieringer suggested that the City Council consider hosting a Town Hall meeting in the futre. The City Council briefly discussed the suggestion, but no action was taken. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. CLOSED SESSION None. RETURN TO OPEN SESSION None. ADJOURNMENT Hearing no further business before the City Council, Mayor Dieringer adjourned the meeting at 10:28 p.m. in memory of philanthropist and long time resident Harlyne Norris. The next regular meeting of the City Council is scheduled to be held on Monday, August 22, 2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Minutes City Council Meeting 08-08-16 5I DRAFT Heidi Luce City Clerk Approved, Bea Dieringer Mayor Minutes City Council Meeting 08-08-16 84 alRay qt.& INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 AGENDA CITY COUNCIL CITY OF ROLLING HILLS REGULAR MEETING MONDAY, AUGUST 8, 2016 7:00 P.M. Next Resolution No. 1187 Next Ordnance No. 347 1. CALL TO ORDER 2. ROLL CALL 3. OPEN AGENDA - PUBLIC COMMENT WELCOME This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4. 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 - Regular Meeting of July 11, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of June, 2016. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for June, 2016. RECOMMENDATION: Receive and file. E. Review and approval of the Planning/Traffic Commission Recruitment/Appointment Timeline for terms expiring in January 2017. RECOMMENDATION: Approve as presented. F. City of Rolling Hills Conflict of Interest Code Biennial Review. RECOMMENDATION: No changes. Receive and file. G. Consideration of a date of December 12, 2016 from 4-7 pm for the 31st Annual Holiday Open House RECOMMENDATION: Approve as presented. H. Consideration of the following claim — CLAIMANT: Rick Edler/Merryweather Properties, Inc.; DATE OF LOSS: August 5, 2015; DATE FILED: July 15, 2016; ALLEGATION: Water damage to several units on a property located at 608 Silver Spur Road, Rolling Hills Estates, CA 90274 RECOMMENDATION: Deny claim. Page 1 of 4 5. COMMISSION ITEMS A. RESOLUTION NO. 2016-17 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR A SWIMMING POOL/SPA, WALLS, FIRE PIT, BARBECUE, POOL EQUIPMENT, AND A VARIANCE TO EXCEED 2.5' HIGH AVERAGE FOR ASSOCIATED WALLS IN ZONING CASE NO. 906 AT 27 CREST ROAD WEST, (LOT 174 -B -MS), ROLLING HILLS, CA (GOLDENBERG). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15303, CLASS 3 EXEMPTION GUIDELINES. B. RESOLUTION NO. 2016-18 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE, GARAGE AND A BASEMENT, SWIMMING POOL, VARIOUS OUTDOOR AMENITIES AND VARIOUS RETAINING WALLS, A NEW DRIVEWAY AND GRADING; REQUEST FOR VARIANCES TO ENCROACH WITH THE RESIDENCE, BASEMENT, LIGHT WELLS AND SEVERAL WALLS INTO SETBACKS, OF WHICH SOME DO NOT AVERAGE OUT TO 2.5' IN HEIGHT, TO LOCATE THE POOL, POOL EQUIPMENT AND FUTURE STABLE AND CORRAL IN FRONT YARD AREA, TO EXCEED THE MAXIMUM PERMITTED TOTAL LOT COVERAGE AND DISTURBED AREA, TO EXCEED THE MAXIMUM PERMITTED COVERAGE OF FRONT SETBACK WITH THE DRIVEWAY AND TO EXPORT DIRT IN ZONING CASE NO. 895, AT 10 BOWIE ROAD, (LOT 4-CRA), ROLLING HILLS, CA (PANG JUI YIU). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15303, CLASS 3 EXEMPTION GUIDELINES. 6. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF THE CITY OF ROLLING HILLS PLANNING COMMISSION'S DECISION IN ZONING CASE NO. 901 AT 5 PINE TREE LANE AS REFLECTED IN PLANNING COMMISSION RESOLUTION NO. 2016-15: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE WITH A BASEMENT, DETACHED GARAGES, COVERED PORCHES, STABLE, SWIMMING POOL WITH A SPA, RETAINING WALLS AND NEW DRIVEWAY; A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE, DETACHED GARAGES, AND STABLE WITH LOFT; AND VARIANCES TO EXCEED MAXIMUM PERMITTED AVERAGE HEIGHT OF RETAINING WALLS AND TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE IN ZONING CASE NO. 901 AT 5 PINE TREE LANE, (LOT 94-RH), (SHARNG). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15303, CLASS 3 EXEMPTION GUIDELINES. City Council Agenda 08/08/16 Page 2 of 4 B. RESOLUTION NO. 1187 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. 7. OLD BUSINESS A. REPORT ON STATUS OF RESOLUTION REQUESTED IN ZONING CASE NO. 880 AT 15 PORTUGUESE BEND ROAD (LOT 78-RH), ROLLING HILLS CA, (HASSOLDT). 8. NEW BUSINESS NONE. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS A. DISCUSSION CONCERNING SCHEDULING A JOINT MEETING BETWEEN THE CITY COUNCIL AND PLANNING COMMISSION. (ORAL REPORT) B. STATUS REPORT FROM THE CITY COUNCIL TREES AND VIEWS AD HOC COMMITTEE ON ITS EFFORTS TO AMEND THE ORDINANCE AND TO POSSIBLY BRING FORWARD A BALLOT MEASURE TO MODIFY OR REPEAL MEASURE B. (ORAL REPORT) C. DISCUSSION AND DIRECTION TO PURSUE A PROPOSAL TO PURCHASE BASIC VIDEO EQUIPMENT IN ORDER TO POST IMPORTANT COMMUNITY PRESENTATIONS ON THE CITY'S WEBSITE. (ORAL REPORT) D. DISCUSSION AND DIRECTION TO PURSUE A PROPOSAL TO HOST A CITY TOWN HALL MEETING IN THE NEAR FUTURE. (ORAL REPORT) 10. MATTERS FROM STAFF A. DISCUSSION AND APPROVAL - PRELIMINARY PROPOSAL FOR IMPROVEMENTS TO THE TENNIS COURT AREA. B. CALIFORNIA WATER SERVICE COMPANY WATER BUDGET APPEAL ASSISTANCE UPDATE. (ORAL REPORT) 11. CLOSED SESSION NONE. City Council Agenda 08/08/16 Page 3 of 4 12. ADJOURNMENT Next meeting: Monday, August 22, 2016 at 7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. City Council Agenda 08/08/16 Page 4 of 4 DRAFT Agenda Item No. 4-A Meeting Date: 08/08/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, JULY 11, 2016 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Dieringer at 7:04 p.m_ in the City Council. Chamber at City Hall, 2.Portuguese Bend Road, .Rolling Hills, California. ROLL CALL Councilmembers Present: Councilmembers Absent: Others Present: Black*, Mirsch, Pieper, Wilson and Mayor Dieringer. Arrived at 7:27 p.m. None. Raymond R. Cruz, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Terry Shea, Finance Director. Heidi Luce, City Clerk. Jill Smith, Former Planning Commissioner. Hal Light, Attorney (Hassoldt). Gary Wynn, Wynn Engineering. Howard Weinberg, Attorney (Nuccion). Sid Croft, Attorney (RHCA). Captain Dan Beringer, LASD, Lomita Station. Sgt. Tony Blanchard, LASD, Lomita Station. OPEN AGENDA - PUBLIC COMMENT WELCOME None 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 - Regular Meeting of June 27, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. Councilmember Wilson moved that the City Council approve the items on the consent calendar as presented. Councilmember Pieper seconded the motion, which carried without objection. DRAFT SPECIAL PRESENTATION Special Presentation to Jill Smith in recognition of her service to the community as Member of Planning Commission from 2007-2016 Mayor Dieringer presented a plaque to Jill Smith in appreciation of her service as a member of the Planning Commission for nearly 10 years and thanked her for her dedication and service to the Community. Ms. Smith thanked the City Council for the recognition and stated that she enjoyed serving on the Planning Commission. She urged the City Council to continue to preserve this special community. COMMISSION ITEMS RESOLUTION NO. 2016-15 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE WITH A BASEMENT, DETACHED GARAGES, COVERED PORCHES, STABLE, SWIMMING POOL WITH A SPA, RETAINING WALLS AND NEW DRIVEWAY; A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE, DETACHED GARAGES, AND STABLE WITH LOFT; AND VARIANCES TO EXCEED MAXIMUM PERMITTED AVERAGE HEIGHT OF RETAINING WALLS AND TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE IN ZONING CASE NO. 901 AT 5 PINE TREE LANE, (LOT 94-RH), (SHARNG) AND CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION TO APPROVE A NEW DRIVEWAY APRON Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request to construct a new residence and other amenities at 5 Pine Tree Lane. She stated that after review and several changes to the original proposal, the Planning Commission approved the request, which includes a new driveway off of Pine Tree Lane and further to the north than the existing driveway. She stated that the Traffic Commission reviewed the originally proposed driveway apron as for sight visibility and traffic safety and recommended approval but the applicant has since revised the driveway approach in response to comments from a neighbor and in order to retain some existing Pine trees; but the revisions have not yet been reviewed by the Traffic Commission. She stated that the Traffic Commission will review the revised driveway apron at its next meeting and its recommendation will be forwarded to the City Council. She further stated that the existing driveway apron will be retained because it also serves the property at 3 Pine Tree Lane, but access to the house at 5 Pine Tree from the existing apron will be eliminated. She stated that during the proceedings, the Planning Commission heard general objections from the previous property owner of 3 Pine Tree Lane who was primarily concerned about the impact the development would have on the common driveway; but that concern was alleviated when it was realized that access to 3 Pine Tree Lane would remain. There were no further concerns raised by that individual. She further stated that following the sale of 3 Pine Tree Lane, the new property owner sent an e-mail to staff, which is included with this staff report, objecting in general to the project and subsequently came to Minutes City Council Meeting 07-11-16 DRAFT City Hall to review the plans. She stated that the property owner at 10 Pine Tree Lane also expressed concern that the silhouette could be seen from their property and submitted photographs, which are also included with the staff report. She stated that also included with the staff report is a letter from the property owner regarding the project and her correspondence and contact with the new property owner at 3 Pine Tree Lane. She further reviewed the project including the grading and development standards which are all within the Code requirements with the exception of the walls, which require a variance because they exceed the 2.5 ft. average and the disturbance, which also requires a variance. In response to Councilmember Mirsch regarding the correspondence from the new property owner at 3 Pine Tree Lane, Planning Director Schwartz stated that is it her understanding that he acquired the property before the Planning Commission approved the project but did not attend any Planning Commission meetings. In response to Mayor Dieringer, City Attorney Jenkins stated that the City Council may not extend its opportunity to take this case under jurisdiction; but if the City Council chooses not to take this case under jurisdiction, the case may still be appealed. General discussion ensued concerning the disturbance, the set aside area for the stable and corral and the driveway access to 3 Pine Tree Lane. Mayor Pro Tem Black arrived and took his place at the dais. Following discussion, Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No. 2016-15 granting approval of the applicant's request in Zoning Case No. 901 at 5 Pine Tree Lane and accept the Traffic Commission's recommendation to approve the new driveway approach. Mayor Pro Tem Black seconded the motion, which carried without objection. PUBLIC HEARINGS ZONING CASE NO. 880 -REVISED. REQUEST FOR A SITE PLAN REVIEW AND VARIANCES FOR A 300 SQUARE FOOT ADDITION OF WHICH 61 SQUARE FEET ENCROACHES UP TO 5.2' INTO THE SIDE YARD SETBACK, AND THE ROOF OVERHANG ENCROACHES 3.8' INTO THE SIDE SETBACK BEYOND THE MAXIMUM OF 5' ENCROACHMENT ALLOWED; TO PROVIDE LESS THAN THE MINIMUM REQUIRED 4' -WIDE WALKWAY ALONG A PORTION OF THE PERIMETER OF THE RESIDENCE ADDITION AND TO CONSTRUCT A 6' HIGH RETAINING WALL IN SIDE SETBACK. PREVIOUS PROPOSAL WAS PUBLICLY REVIEWED AT THE CITY COUNCIL FIELD TRIP MEETING TO THE SITE ON OCTOBER 26, 2015 AND AT THE REGULAR CITY COUNCIL MEETINGS ON OCTOBER 26, 2015 AND NOVEMBER 9, 2015. THE PROJECT IS LOCATED AT 15 PORTUGUESE BEND ROAD, (LOT 78-RH), ROLLING HILLS, CA IN THE RAS-1 ZONING DISTRICT, (HASSOLDT). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15303, CLASS 3 EXEMPTION GUIDELINES. Councilmember Pieper recused himself from consideration of this case due to the proximity of his property to the subject property and left the dais. Mayor Dieringer introduced the item and asked for staff's comments. Planning Dircctor Schwartz reviewed the background on this case stating that this case was taken under jurisdiction by the City Council following the Planning Commission's approval in Minutes City Council Meeting 07-11-16 DRAFT September 2015. She stated that the Planning Commission approved the applicant's request for a 300 sq. ft addition of which 61 sq. ft encroaches into the side yard setback and a variance for a 2 ft. access way with a ramp around the addition. She further reviewed the applicant's request stating that during previous meeting, the City Council expressed concern regarding the 2 ft. access way and suggested that applicant address this concern. She stated that since the City Council last heard this matter, several versions of this project were snhmitted to staff with snhmittal of this latest version, the applicant is requesting that the City Council reconsider its decision to not allow the 2 ft. access way around the addition. She reviewed the current proposal, which includes a flat 2 ft. walkway around the corner of the addition with a 6 ft. wall, which is located outside the Association easement but in the setback requires a variance. She stated that based on the City Council's previous suggestion to create a 4 ft. walkway around the addition, which would require construction of a wall in the Association easement, the applicant presented the proposal to the Rolling Hills Community Association. She stated that the proposal was approved by the Association with conditions, which are unacceptable to the applicant so the applicant is requesting that the City Council reconsider the mater, and approve the 2 ft. walkway. Planning Director Schwartz noted corrections to the staff report with regard to the total square footage - addition 342 sq. ft. (not 322); total residence 3,971 sq. ft (not 3,951); total lot coverage 10,413 sq. ft. (not 10,273) at 28.5% (not 28.2%). She fiirllrer reviewed theapplicant's .request stating that all of the other development standards are within file Zoning Code requirements. In response to Councilmember Mirsch regarding the assertion in the letter from the applicant that there is another property that has a less than 4 ft. walkway around the property, Planning Director Schwartz stated that staff is unaware of such a condition. Mayor Pro Tem Black commented that since he has been on the City Council, a less than 4 ft. walkway has never been approved. Mayor Dieringer called for public comment. Hal Light, Attorney addressed the City Council on behalf of the applicant. Mr. Light distributed copies of a photograph of the property at 13 Portuguese Bend Road in support of the assertion that there is another property where a less than 4 ft. walkway exists. In response to Mayor Pro Tem Black, Mr. Light commented that he does not know when the wall depicted in the photograph was built. With regard to the applicant's request for a variance to allow the less than 4 ft. walkway, Mr. Light commented that the City received an e-mail from a Captain at Fire Station 56 indicating that they were okay with the proposed access. Mr. Light further expressed concern regarding the amount of time this project has taken and urged the City Council to approve the current proposal given that the area where access is only 2 ft. in width is so small and is now flat instead of the ramped configuration. Gary Wynn, Wynn Engineering addressed the City Council on behalf of the applicant to further explain the applicant's revised request stating that he believes this is the best solution for this situation. In response to Mayor Dieringer, Mr. Wynn commented that in his estimation, 5 ft. of the area would have a 2 ft. walkway. In response to Councilmember Wilson and Mayor Dieringer, Mr. Wynn stated that he surveyed the property in 2012 for consideration of the purchase of the property and explained the type of survey that was completed at that time. Howard Weinberg, Attorney addressed the City Council on behalf of the property owner at 18 Portuguese Bend Road and distributed a letter to the City Council. In response to Mayor Dieringer, Mr. Weinberg explained that the letter included documents relating to the granting of a license agreement from the Minutes City Council Meeting 07-11-16 DRAFT RHCA that were just obtained from the Association at 2pm today. Mr. Weinberg commented that the correspondence shows that applicant could comply with the previous direction to create a 4ft. walkway if they were willing to accept the conditions outlined by the Association, but rather they are coming back and requesting that the City Council approve a variance to allow a 2 ft. walkway. Mr. Weinberg commented that he does not believe the City Council can make the findings to grant the variance to allow the 2 ft. walkway. He further commented that he believes that if the variance is to be considered then the project would be subject to CEQA review. In response to Mayor Dieringer, Mr. Weinberg commented that it would not be appropriate for the Nuccions to contribute monetarily to the condition imposed on the Hassoldts by the Association. Mr. Light addressed the City Council in response to the correspondence submitted by Mr. Weinberg to further explain the Hassoldt's position. Sid Croft, Attorney addressed the City Council on behalf of the Rolling Hills Community Association to explain the granting of the license agreement and the conditions that were imposed. In response to Mayor Dieringer, Mr. Croft further explained the reasoning behind the conditions. Hearing no further public comment, Mayor Dieringer closed the public hearing. In response to Mr. Light's comment regarding the Station 56 Captain's comments regarding the proposed 2 ft. access Planning Director explained that although the scope of this project did not trigger Fire Dept. review for Fire Code requirements, the comments by a local Fire Captain are just an opinion and should not be construed as acceptable or safe. She further commented that were this project of such a scope that it would trigger Fire Dept. review, the Fire Dept. would require a 5 ft. walkway. With regard to the CEQA review issue raised by Mr. Weinberg, City Attorney Jenkins stated that staff has determined this project is categorically exempt and the Supreme Court recently issued an opinion on the subject of exceptional circumstances concluding that it is very difficult to overcome a categorical exemption and the objector must prove factually that there is an unusual circumstance warranting further environmental review. City Attorney Jenkins further commented, with regard to the subject of hardship, the applicant cannot demonstrate hardship by showing economic hardship and further reviewed the criteria for granting a variance. Discussion ensued concerning the applicant's reliance on an old survey and the original suggestion that the Pine tree be removed. Mayor Dieringer commented that she would not be supportive of including a condition that the Pine tree be removed. Councilmember Mirsch commented that she believes the City Council has been very reasonable and has attempted to come to a fair and reasonable solution but there appears to be inflexibility on the part of he applicant. She further commented that she still does not believe the findings can be made to support granting the variance to allow a 2ft. walkway. Following brief discussion, Mayor Pro Tem Black moved that the City Council direct staff to prepare a Resolution approving the variance to encroach into the side yard setback with a portion of the 300 sq. ft. addition; and denying the request for a variance to provide less than the minimum required 4 ft. wide walkway along a portion of the perimeter of the addition with the findings of fact as discussed and with a condition that the Pine tree located near the southern property line be removed if the retaining wall is built in the RHCA easement. Councilmember Wilson seconded the motion, which carried with Mayor Dieringer opposed. The public hearing was closed. Councilmember Pieper returned to the dais. Minutes City Council Meeting 07-11-16 DRAFT OLD BUSINESS CONSIDERATION OF AN INCREASE IN THE FY 16/17 BUDGET FOR SUPPLEMENTAL TRAFFIC ENFORCEMENT. Mayor Dieringer introduced the item and asked for staff's comments. City Manager Cruz presented the staff report and provided an overview of the background on this issue. He stated that the traffic citation statistics are included in the staff report and Captain Beringer is present to answer any questions. Discussion ensued concerning the number of enforcement hours the City currently receives and the cost of the supplemental traffic enforcement. Captain Beringer explained that in addition to traffic enforcement, a benefit of having additional patrol vehicles in the City is that they also serve as deterrence to crime. Sgt. Blanchard explained the difference between general patrol hours and supplemental traffic enforcement hours stating that general patrol cars are in and out of the City at random times and can be called away; whereas, supplemental traffic enforcement cars are in the City for a fixed amount of time and can be directed to provide whatever type of patrol the City needs. Discussion ensued concerning enforcement strategies and deployment options. Further discussion ensued concerning the number of,general patrol hours the City has historically received as compared to the number of supplemental traffic enforcement hours the City has contracted for. Following further discussion, Councilmember Mirsch moved that the City Council add 100 hours to the City's agreement with the Los Angeles County Sheriff's Dept. for supplemental traffic enforcement for a total of 275 hours. Mayor Dieringer seconded the motion, which carried without objection. NEW BUSINESS DISCUSSION CONCERNING THE CONSIDERATION OF CHANGING THE RATE FOR THE CITY OF ROLLING HILLS BUILDING PERMIT RELATED FEES. Mayor Dieringer introduced the item and asked for staff's comments. Finance Director Shea presented the staff report and explained the background on this matter stating that this issue has been discussed by the Finance Committee during the budget preparation process over the last couple of years and is being brought before the City Council for further discussion. Mr. Shea reviewed the revenue generated from permit related fees compared to the cost associated with providing those services stating that the expenses were greater than the revenue generated. He then reviewed a table showing the impact that decreasing the multiplier would have on revenue stating that decreasing the multiplier by .25% would decrease the revenue by approximately $50,000. Discussion ensued concerning property tax revenue and the impact increased property values have on property tax revenue. Following discussion, Mayor Dieringer moved that the City Council leave the multiplier rate for building permit related fees as it currently exists at 2.5%. Councilmember Mirsch seconded the motion, which carried with Councilmember Pieper and Mayor Pro Tem Black opposed. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS Mayor Pro Tem Black expressed concern that hikers attempt to access the City through the adjacent trail Minutes City Council Meeting 07-11-16 -6- DRAFT system and suggested that signs be installed to let hikers know it is private property. City Attorney Jenkins commented that because it is private property, it would not be a proper public purpose or expense for the City to install signage. Councilmember Wilson suggested that when the Sheriff's Dept. is present to address a particular agenda item that the item be moved earlier on the agenda. He also expressed concern that when Edison replaces utility poles, they are leaving the other poles in place and the poles contain unsightly markings. Councilmember Pieper suggested that a SnapChat filter be created for the City of Rolling Hills and stated that his company could create the filter at no cost to the City. City Attorney Jenkins suggested that Councilmember Pieper agendize this matter for further discussion if he would like to pursue it. MATTERS FROM STAFF City Manager Cruz reminded the City Council that this Thursday, July 14th, the City is hosting the first Community Wildfire Protection Plan community meeting at City Hall. Staff was directed to place signs at the gates to remind residents about the meeting. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. CLOSED SESSION None. RETURN TO OPEN SESSION None. ADJOURNMENT Hearing no further business before the City Council, Mayor Dieringer adjourned the meeting at 9:56 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, July 25, 2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce City Clerk Minutes City Council Meeting 07-11-16 DRAFT t, Approved, Bea Dieringer Mayor Minutes City Council Meeting 07-11-16 ee't Reago qte6 INCORPORATED JANUARY 24, 1957 AGENDA REGULAR MEETING NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310)377-1521 . FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS MONDAY, JULY 11, 2016 7:00 P.M. Next Resolution No. 1187 Next Ordnance No. 347 1. CALL TO ORDER 2. ROLL CALL 3. OPEN AGENDA - PUBLIC COMMENT WELCOME This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4. CONSENT CALENDAR Matters which may he acted upon by the City Council in a single motion. Any Councilmember stay request removal of any item from the Consent Calendar causing it to be considered under Council Actions. A. Minutes - Regular Meeting of June 27, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. SPECIAL PRESENTATION Special Presentation to Jill Smith in recognition of her service to the community as Member of Planning Commission from 2007-2016 5. COMMISSION ITEMS A. RESOLUTION NO. 2016-15 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE WITH A BASEMENT, DETACHED . GARAGES, COVERED PORCHES, STABLE, SWIMMING POOL WITH A SPA, RETAINING WALLS AND NEW DRIVEWAY; A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE, DETACHED GARAGES, AND STABLE WITH LOFT; AND VARIANCES TO EXCEED MAXIMUM PERMITTED AVERAGE HEIGHT OF RETAINING WALLS AND TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE IN ZONING CASE NO. 901 AT 5 PINE TREE LANE, (LOT 94-RH), (SHARNG) AND Page 1 of 3 CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION TO APPROVE A NEW DRIVEWAY APRON 6. PUBLIC HEARINGS A. ZONING CASE NO. 880 -REVISED. REQUEST FOR A SITE PLAN REVIEW AND VARIANCES FOR A 300 SQUARE FOOT ADDITION OF WHICH 61 SQUARE FEET ENCROACHES UP TO 5.2' INTO THE SIDE YARD SETBACK, AND THE ROOF OVERHANG ENCROACHES 3.8' INTO THE SIDE SETBACK BEYOND THE MAXIMUM OF 5' ENCROACHMENT ALLOWED; TO PROVIDE LESS THAN THE MINIMUM REQUIRED 4' -WIDE WALKWAY ALONG A PORTION OF THE PERIMETER OF THE RESIDENCE ADDITION AND TO CONSTRUCT A 6' HIGH RETAINING WALL IN SIDE SETBACK. PREVIOUS PROPOSAL WAS PUBLICLY REVIEWED AT THE CITY COUNCIL FIELD TRIP MEETING TO THE SITE ON OCTOBER 26, 2015 AND AT THE REGULAR CITY COUNCIL MEETINGS ON OCTOBER 26, 2015 AND NOVEMBER 9, 2015. THE PROJECT IS LOCATED AT 15 PORTUGUESE BEND ROAD, (LOT 78-RH), ROLLING HILLS, CA IN THE RAS-1 ZONING DISTRICT, (HASSOLDT). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15303, CLASS 3 EXEMPTION GUIDELINES. 7. OLD BUSINESS A. CONSIDERATION OF AN INCREASE IN THE FY 16/17 BUDGET FOR SUPPLEMENTAL TRAFFIC ENFORCEMENT. 8. NEW BUSINESS A. DISCUSSION CONCERNING- THE CONSIDERATION OF CHANGING THE RATE FOR THE CITY OF ROLLING HILLS BUILDING PERMIT RELATED FEES. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS NONE. 10. MATTERS FROM STAFF NONE. 11. PUBLIC COMMENT ON CLOSED SESSION ITEMS NONE. 12. CLOSED SESSION NONE. City Council Agenda 07/11/16 Page 2 of 3 13. RETURN TO OPEN SESSION NONE. 14. ADJOURNMENT Next meeting: Monday, July 25, 2016 at 7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the Deputy City Clerk at (310) 377- 1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. City Council Agenda 07/11/16 Page 3 of 3 DRAFT Agenda Item No. 4-A Meeting Date: 07/11/16 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, JUNE 27, 2016 CALL TO ORDER An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Dieringer at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Councilmembers Absent: Others Present: Black, Mirsch, Pieper, Wilson and Mayor Dieringer. None. Raymond R. Cruz, City Manager. Mike Jenkins, City Attorney. Heidi Luce, City Clerk. Terry Shea, Finance Director. Bryan Gruber, LSL CPA's. Laura Walters, Los Angeles County Fire Dept. OPEN AGENDA - PUBLIC COMMENT WELCOME None 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 - Regular Meeting of June 13, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of May, 2016. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for May, 2016. RECOMMENDATION: Receive and file. E. RESOLUTION NO. 1186 - A RESOLUTION OF THE'CITY COUNCIL OF THE CITY OF ROLLING HILLS FIXING THE DAY, HOUR AND LOCATION OF REGULAR CITY COUNCIL METTINGS, ESTABLISHING AN ALTERNATE LOCATION FOR CITY COUNCIL MEETINGS AND RESCINDING RESOLUTIONS NO. 22 AND 465. 0 DRAFT RECOMMENDATION: Adopt as presented. Mayor Pro Tem Black moved that the City Council approve the items on the consent calendar as presented. Councilmember Pieper seconded the motion, which carried without objection. COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF A THREE-YEAR PROFESSIONAL SERVICES AGREEMENT WITH LANCE, SOLL & LUNGHARD, LLC FOR ANNUAL AUDIT SERVICES. Mayor Dieringer introduced the item and asked for staff's comments. Finance Director Shea presented the staff report recommending that the City Council award a three-year professional services agreement for annual audit services to Lance, Soll, Lunghard, LLC (LSL). He reviewed the RFP process stating that a total of six proposals were received. He stated that staff reviewed the proposals and three firms were selected for interviews with the Finance, Budget, Audit Committee based on their qualifications and price. He stated that all three firms interviewed well and staff selected LSL based on the fact that their proposal was for the lowest cost. He reviewed LSL's qualifications stating that the firm currently audits over 60 cites and several special districts; and they have provided good service over the last six years that they have conducted the City's annual audit. In response to Councilmember Wilson, Finance Director Shea explained the single audit process. Councilmember Wilson also asked about the embezzlement situation that arose in the City of Placentia, which is one of the cities for which LSL provides audit services. Bryan Gruber, Lance, Soll, Lunghard addressed the City Council in response to Councilmember Wilson's question regarding the City of Placentia. He explained that LSL began its contract with the City of Placentia this past year and stated that the City had an accounting manager that began embezzling funds from the City. He stated that from an audit perspective LSL met its obligations and further explained the financial statement audit process. He stated that the individual in Placentia embezzled funds from City via wire transfers through multiple tiers of hiding and altering information; and there was clear intent to cover those transactions up. Councilmember Wilson expressed concern that a similar situation could happen in Rolling Hills. Discussion ensued concerning the policies and procedures that are in place to prevent such an occurrence Minutes City Council Meeting 06-27-16 0 DRAFT in Rolling Hills. Further discussion ensued concerning the City's process for wire transfers and ACH transfers. City Manager Cruz stated that to help maintain transparency, the Finance, Budget, Audit Committee will be involved in the audit process. Mayor Pro Tem Black commented that during the interviews, he asked these same questions and he feels comfortable that LSL performed the audit correctly and this fraud was not identified because of the way the records were falsified. Following discussion, Councilmember Mirsch moved that the City Council approve and authorize the City Manager to execute a three-year professional services agreement with Lance, Soll, Lunghard, LLC for annual audit services. Councilmember Wilson seconded the motion, which carried without objection. With regard to the concern raised regarding potential fraud against the City, staff was further directed to add wire transfers to the list of checks presented to the City Council at each City Council meeting; and to schedule a meeting with the Finance/Budget/Audit Committee and the audit firm prior to beginning the next audit to discuss areas of concern or areas that should be considered in the next audit. CONSIDERATION OF AMENDMENTS TO THE FY 2016-17 BUDGET CONCERNING CITY COUNCIL TRAVEL AND SUPPLEMENTAL TRAFFIC ENFORCEMENT. Mayor Dieringer introduced the item and asked for staffs comments. City Manager Cruz stated that the FY 16-17 budget was adopted in June and at that time, staff was directed to return with additional information regarding two potential budget adjustments relating to City Council conference/travel and supplemental traffic enforcement. He stated that if the City Council wishes to increase funding for either item, such an adjustment could be accomplished by using funds from the contingency account or through a reduction in another budget line item. Discussion ensued concerning the item related to increasing the budget for City Council conference/travel expenses and whether or not there is value in expending funds in that area. Councilmember Mirsch commented that in some instances there is value in the conferences, specifically for new Councilmembers, but conferences should be evaluated based on the relevancy of the topics being presented. Councilmember Wilson concurred. Mayor Dieringer commented that she finds great value in attending these conferences to learn about potential issues that may impact the City and takes her own personal vacation time to attend. Further discussion ensued concerning historical spending for City Council conference/travel expenses. Councilmember Mirsch suggested that the conference/travel amount be left as budgeted and if a conference arises that would be beneficial, then it could be adjusted later on an individual basis if necessary. Following further discussion, the City Council decided to leave the item as originally budgeted with the understanding that it may be amended if a conference arises that would be beneficial based on the relevance of the agenda topics. Discussion then ensued concerning the item related to increasing the budget for supplemental traffic enforcement. City Manager Cruz stated that this item is before the City Council as a recommendation from the Traffic Commission that the hours for supplemental traffic enforcement be increased back to 350 hours. Councilmember Wilson commented that in addition to the goal of increasing traffic safety, additional patrol cars in the City can also serve as a deterrent to crime as well as address other issues that arise. He further commented that the Traffic Commission regularly hears complaints from residents regarding speeding on Crest Road and Portuguese Bend Road as well as other traffic safety concerns. He stated that he believes that having additional dedicated hours from the Sheriff's Dept. is valuable in Minutes City Council Meeting 06-27-16 DRAFT addressing public safety. Discussion ensued concerning the hours of patrol that the City receives from the Sheriff's Dept. as part of the regular contract and whether or not there is value in adding additional hours for supplemental traffic enforcement. Further discussion ensued concerning options for ways that supplemental traffic enforcement hours can be deployed and the best ways to increase traffic safety. Mayor Pro Tem Black commented that he is not opposed to increasing the hours, but there should be a way to correlate the increased expense for supplemental traffic enforcement with increased traffic safety. Further discussion ensued concerning other ways for increasing traffic safety including mobile speed boards and decoy cars. Following discussion, no action was taken on either budget adjustment. Staff was directed to schedule further consideration of the budget amendment for supplemental traffic enforcement and to provide additional information to quantify the benefit of additional enforcement, as well ask the Sheriff's Dept. to be present at the meeting. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS DISCUSSION CONCERNING THE PROGRESS OF THE CITY COUNCIL TREES AND VIEWS AD HOC COMMITTEE. (ORAL REPORT) Councilmember Pieper reported that the ad hoc committee met again with Richard Colyear and Lynn Gill on June 23rd and they reached an impasse. The Committee provided a brief overview of the discussion and stated that the ad hoc committee would like to continue to meet to discuss the matter and further report back to the City Council. ADDITIONAL MATTERS FROM THE CITY COUNCIL Mayor Dieringer provided an update on the issue regarding water budgets and stated they she and City Manager Cruz are still working to get the issues addressed. At the request of several residents, Mayor Pro Tem Black provided a brief summary of pending legislation that would eliminate anesthesiologists from the VA System and replace them with Nurse Anesthetists and stated that the residents requested that the City submit a letter in opposition to this change. The City Council asked Mayor Pro Tem Black to have the concerned residents provide a sample letter regarding this matter for further consideration. MATTERS FROM STAFF City Clerk Luce reported that the proposed dates in July and August don't work for everyone for the joint meeting between the City Council and Planning Commission so staff will be looking at proposed dates in September and October. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. CLOSED SESSION Minutes City Council Meeting 06-27-16 ,J DRAFT None. RETURN TO OPEN SESSION None. ADJOURNMENT Hearing no further business before the City Council, Mayor Dieringer adjourned the meeting at 8:58 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, July 11, 2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, Bea Dieringer Mayor Minutes City Council Meeting 06-27-16 Respectfully submitted, Heidi Luce City Clerk 8e -"e Rafiestif INCORPORATED JANUARY 24, 1957 AGENDA ADJOURNED REGULAR MEETING NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS MONDAY, JUNE 27, 2016 7:00 P.M. Next Resolution No. 1186 Next Ordnance No. 347 1. CALL TO ORDER 2. ROLL CALL 3. OPEN AGENDA - PUBLIC COMMENT WELCOME This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4. 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 - Regular Meeting of June 13, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of May, 2016. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for May, 2016. RECOMMENDATION: Receive and file. E. RESOLUTION NO. 1186 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS FIXING THE DAY, HOUR AND LOCATION OF REGULAR CITY COUNCIL METTINGS, ESTABLISHING AN ALTERNATE LOCATION FOR CITY COUNCIL MEETINGS AND RESCINDING RESOLUTIONS NO. 22 AND 465. RECOMMENDATION: Adopt as presented. 5. COMMISSION ITEMS NONE. 6. PUBLIC HEARINGS NONE. Page 1 of 2 7. OLD BUSINESS NONE. 8. NEW BUSINESS A. CONSIDERATION OF A THREE-YEAR PROFESSIONAL SERVICES AGREEMENT WITH LANCE, SOLL & LUNGHARD, LLC FOR ANNUAL AUDIT SERVICES. B. CONSIDERATION OF AMENDMENTS TO THE FY 2016-17 BUDGET CONCERNING CITY COUNCIL TRAVEL AND SUPPLEMENTAL TRAFFIC ENFORCEMENT. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS A. DISCUSSION CONCERNING THE PROGRESS OF THE CITY COUNCIL TREES AND VIEWS AD HOC COMMITTEE. (ORAL REPORT) 10. MATTERS FROM STAFF NONE. 11. PUBLIC COMMENT ON CLOSED SESSION ITEMS NONE. 12. CLOSED SESSION NONE. 13. RETURN TO OPEN SESSION NONE. 14. ADJOURNMENT Next meeting: Monday, July 11, 2016 at 7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the Deputy City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. City Council Agenda 06/27/16 Page 2 of 2 DRAFT Agenda Item No. 4-A Meeting Date: 06/27/16 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, JUNE 13, 2016 CALL TO ORDER An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Dieringer at 7:01 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Councilmembers Absent: Others Present: Mirsch, Pieper, Wilson and Mayor Dieringer. Black (excused). Raymond R. Cruz, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Terry Shea, Finance Director. Jim Walker, Budget Consultant. Diana Nuccion, 18 Portuguese Bend Road. Howard Weinberg, Attorney. William and Judith Hassoldt,.15 Portuguese Bend Road. Hal Light, Attorney. Tina Greenberg, 32 Portuguese Bend Road. Marcia Schoettle, 24 Eastfield Drive. OPEN AGENDA - PUBLIC COMMENT WELCOME Diana Nuccion, 18 Portuguese Bend Road addressed the City Council to express concern regarding coyotes in the community. 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 April 25, 2016; (2) Regular Meeting of May 9, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of April, 2016. RECOMMENDATION: Approve as presented. O DRAFT D. Allied Recycling Tonnage Report for April, 2016. RECOMMENDATION: Receive and file. E. City Council Finance/Budget/Audit Committee meeting notes of May 18, 2016. RECOMMENDATION: Receive and file. F. Consideration of an Agreement with Executive -Suite Services, Inc. for City Hall Custodial Services. RECOMMENDATION: Approve as presented. G. Consideration of Investment Resolutions authorizing the City Manager and Finance Director to make investment deposits on behalf of the City of Rolling Hills with Preferred Bank and the Money Center Department of U.S. Bank National Association. RECOMMENDATION: Approve as presented. H. County of Los Angeles Department of Animal Care and Control FY 2016/17 Service Level Request. RECOMMENDATION: Approve as presented. I. County of Los Angeles Department of Agricultural Commissioner/Weights and Measures FY 2016/17 Agreement Renewal for Pest Control Services. RECOMMENDATION: Approve as presented. J. Authorization for staff to change the City's credit card provider from Union Bank to Opus Bank. RECOMMENDATION: Approve as presented. CONSENT CALENDAR ITEMS FROM THE TRAFFIC COMMISSION: K. Consideration of a recommendation from the Traffic Commission to approve a request from the Palos Verdes Art Center for an Artist Studio Tour on September 24 and 25, 2016 to feature two Rolling Hills Artist Studios located at 14 Cinchring Road and 15 Eastfield Drive. RECOMMENDATION: Approve as presented. Councilmember Mirsch asked that item 4E be removed from the consent calendar for individual consideration. Hearing no objection, Mayor Dieringer so ordered. Councilmember Wilson mentioned that there were a couple of typographical/clerical errors in the staff reports that he brought them to the City Manager's attention. City Manager Cruz stated that he would see that they are corrected. Councilmember Mirsch moved that the City Council approve the remaining items on the consent calendar as presented. Councilmember Pieper seconded the motion, which carried without objection. E. City Council Finance/Budget/Audit Committee meeting notes of May 18, 2016. RECOMMENDATION: Receive and file. Councilmember Mirsch asked for clarification on the portion of the meeting notes relative to the total amount budgeted for Councilmember travel. City Manager Cruz clarified that the City Council travel costs were capped at $4,000 per Councilmember and since at this time, only one Councilmember has expressed intent to incur travel related expenses, $6,000 was budgeted for that budget item to account for that Councilmember's travel plus any other miscellaneous travel/meeting expenses that may be incurred. Following brief discussion, Councilmember Wilson moved that the City Council receive and file the meeting notes as presented. Councilmember Mirsch seconded the motion, which carried without objection. Minutes City Council Meeting 06-13-16 DRAFT COMMISSION ITEMS RESOLUTION NO. 2016-11 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW TO CONSTRUCT A COVERED PORCH ON A PROPERTY WITH A RESTRICTED DEVELOPMENT CONDITION AT 13 OUTRIDER ROAD, (LOT 94-A-EF), ROLLING HILLS, CA, (HANG JA YOO). Mayor Dieringer introduced the item and asked for staffs comments. Planning Director Schwartz reviewed the applicant's request to construct a 244 sq. ft. covered porch in Zoning Case No. 905 at 13 Outrider Road. She stated that this case came before the Planning Commission because this property has a restricted development condition that any development needs to go before the Planning Commission for review and the Planning Commission approved the request. She commented that this project was due to a request by the Rolling Hills Community Association that a previously approved project reflect more of a ranch style architecture. She further stated that the project meets all of the development standards. Following brief discussion, Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No. 2016-11 granting approval of the applicant's request in Zoning Case No. 905 at 13 Outrider Road. Councilmember Mirsch seconded the motion, which carried without objection. RESOLUTION NO. 2016-12 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO CONSTRUCT A TRELLIS ON A PROPERTY WITH A RESTRICTIVE DEVELOPMENT CONDITION IN ZONING CASE NO. 903 AT 37 CHUCKWAGON ROAD, (LOT 19 -CF) (VAN NORTWICK). Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request to construct a 701 sq. ft. detached trellis in the side yard area in Zoning Case No. 903 at 37 Chuckwagon Road. She stated that this case also came before the Planning Commission because this property has a restricted development condition that any development needs to go before the Planning Commission for review and the Planning Commission approved the request. She stated that there are no variances or exceedances proposed and the project meets all of the development standards. Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No. 2016-12 granting approval of the applicant's request in Zoning Case No. 903 at 37 Chuckwagon Road. Councilmember Mirsch seconded the motion, which carried without objection. RESOLUTION NO. 2016-13 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW, CONDITIONAL USE PERMIT, AND VARIANCES FOR GRADING, FOR WALLS OVER 3' IN HEIGHT, AND WHICH WILL NOT AVERAGE OUT TO 2.5' IN HEIGHT, A POOL/SPA, TRELLIS, CONSTRUCTION OF A 705 SQUARE FOOT RECREATION ROOM AND TO LOCATE THE STRUCTURES IN THE FRONT YARD OF THE LOT AND TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT AT 2 HILLSIDE LANE, (LOT 60- RH), (ELKIN). Minutes City Council Meeting 06-13-16 DRAFT Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request to construct a 705 sq. ft. recreation room, trellis, pool/spa, various other amenities and walls in the front yard area in Zoning Case No. 897 at 2 Hillside Lane. She reviewed the existing structures on the property stating that a new pad will be created to accommodate the proposed structures. She further reviewed the grading stating that the project requires 4,610 cu. yds. of cut and 4,610 cu. yds. of fill that will be balanced on site. She reviewed the concerns raised regarding the existing stable on the property stating that the approval included a condition that the stable be converted back to stable use and that access be appropriate for a stable. She stated that the applicant also proposes to widen the existing driveway and driveway apron. She further stated that the Traffic Commission reviewed the request to widen the driveway apron and recommended approval. She further reviewed the variances requested and stated that the Planning Commission approved this request. In response to Mayor Dieringer, Planning Director Schwartz stated that the concerns raised by a neighboring property owner have been addressed and resolved to the satisfaction of the neighbor. Following brief discussion, Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No. 2016-13 granting approval of the applicant's request in Zoning Case No. 897 at 2 Hillside Lane. Councilmember Wilson seconded the motion, which carried without objection. RESOLUTION NO. 2016-14 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO CONSTRUCT A SWIMMING POOL AND ATTACHED TRELLIS WHICH WOULD ENCROACH INTO THE REAR YARD SETBACK AND TO EXCEED THE MAXIMUM PERMITTED TOTAL COVERAGE OF THE LOT IN ZONING CASE NO. 900 AT 71 CREST ROAD EAST, (LOT 69 E-1 MS), ROLLING HILLS, CA (BRAZY & LUCHINI). Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request to construct a swimming pool and attached trellis to encroach into the rear yard setback in Zoning Case No. 900 at 71 Crest Road East. She reviewed the configuration of the lot stating that this is a very constrained lot. She stated that this project was approved by the Planning Commission with Vice Chairman Gray opposed because he could not justify the variance being requested. She further explained the project and reviewed the conditions of approval. Following brief discussion. Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No. 2016-14 granting approval of the applicant's request in Zoning Case No. 900 at 71 Crest Road East. Councilmember Wilson seconded the motion, which carried without objection. PUBLIC HEARINGS CITY OF ROLLING HILLS PROPOSED DRAFT BUDGET INCLUDING THE ANNUAL REPORT ON: GENERAL FUND; COMMUNITY FACILITIES FUND; MUNICIPAL SELF INSURANCE FUND; OPEB FUND, REFUSE COLLECTION FUND; SOLID WASTE CHARGES; TRAFFIC SAFETY FUND; TRANSIT FUND -MEASURE R; TRANSIT FUND - PROPOSITION A; TRANSIT FUND -PROPOSITION C; COPS AND CLEEP FUND; UTILITY FUND; AND CAPITAL PROJECT FUND FOR FISCAL YEAR 2016-17 AND CONSIDERATION OF: Minutes City Council Meeting 06-13-16 DRAFT RESOLUTION NO. 1184: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING THE FY 2016-17 CITY OF ROLLING HILLS BUDGET INCLUDING THE ANNUAL REPORT ON: GENERAL FUND; COMMUNITY FACILITIES FUND; MUNICIPAL SELF INSURANCE FUND; OPEB FUND, REFUSE COLLECTION FUND; SOLID WASTE CHARGES; TRAFFIC SAFETY FUND; TRANSIT FUND -MEASURE R; TRANSIT FUND -PROPOSITION A; TRANSIT FUND -PROPOSITION C; COPS AND CLEEP FUND; UTILITY FUND; AND CAPITAL PROJECT FUND FOR FISCAL YEAR 2016- 17. Mayor Dieringer introduced the item and asked for staff's comments. City Manager Cruz stated that presented for consideration is a balanced budget for FY 2016-17 with an $88,000 projected surplus. He briefly reviewed the budget as it relates to City Council travel and supplemental traffic enforcement. He stated that budget currently includes 175 hours of supplemental traffic enforcement, but the Traffic Commission recommends restoring the amount of hours to 350, which would be an additional $15,500. He further stated, with regard to building related permit fees, no change is being proposed at this time, but staff was asked to bring that item to the City Council for discussion in July. He introduced Jim Walker to reviewe the budget highlights. Jim Walker, Budget Consultant reviewed the proposed budget stating that revenue is proposed at $1,931,000 which is up 4.8% from last year, partially due to the proposed exchange of Prop A funds; and expenses are budgeted at $1,842,000 which is up 4.3% from the current year budget and incorporates many of the items identified in the budget work plan. He commented that the budget also includes payment of half of his fee for budget preparation, which was previously paid 100% by RAMS. Discussion ensued concerning the item related to City Council travel. Mayor Dieringer suggested increasing the travel budget to allow for $4,000 per Councilmember as was noted in the Finance Committee meeting notes. Mr. Walker explained that $4,000 was budgeted for Mayor Derringer's requested travel and $2,000 additional was budgeted for other City Council travel related expenses for a total of $6,000 recognizing that no other Councilmember's express the intent to incur any travel related expenses. He stated that the amount will be monitored and if necessary adjustments could be made to increase that amount. Councilmember Wilson stated that rather than seeing an increase in the travel budget, he would rather see the supplemental traffic enforcement restored to 350 hours. Further discussion ensued concerning City Council travel. Councilmember Pieper suggested approving the budget as presented and defer the discussion on City Council travel and supplemental traffic enforcement to a future meeting at which time background on historical expenses in those categories could be discussed and considered. Further discussion ensued concerning City Council travel. Councilmember Mirsch explained the Finance Committee's thought process on how it came to the $6,000 number stating that it was conscious decision to budget that amount recognizing that it could be adjusted should a need arise. Councilmember Mirsch moved that the City Council adopt Resolution No. 1184 adopting the City of Rolling Hills FY 2016-17 budget as presented. Councilmember Wilson seconded the motion. Mayor Dieringer called for public comment. Minutes City Council Meeting 06-13-16 0 DRAFT Marcia Schoettle, 24 Eastfield Drive addressed the City Council in support of City Council education and increasing the City Council travel budget. Hearing no further public comment, Mayor Dieringer closed the public hearing and called for a roll call vote. The motion to adopt Resolution No. 1184 adopting the City of Rolling Hills FY 2016-17 budget as presented carried without objection. The City Council further directed staff to agendize a discussion regarding possible budget adjustments for City Council travel expenses and supplemental traffic enforcement and to include in the staff report the appropriate background information with regard to previous expenditures in those areas. RESOLUTION NO. 1185: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING THE 2016-17 FISCAL YEAR GANN APPROPRIATION LIMIT FOR THE CITY OF ROLLING HILLS. Mayor Dieringer introduced the item and asked for staff's comments. Mr. Walker presented the proposed resolution adopting the appropriation limit for FY 16-17 and explained the process whereby the GANN limit is established. Following brief discussion, Councilmember Pieper moved that the City Council adopt Resolution No. 1185 establishing the FY 2016-17 appropriation limit. Councilmember Wilson seconded the motion, which carried without objection. OLD BUSINESS CONSIDERATION OF TWO APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CTV SETTING FORTH FINDINGS RELATING TO TRIMMING OF TREES AT 15 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT FROM 18 PORTUGUESE BEND ROAD. Mayor Dieringer introduced the item and asked for staff's comments. City Attorney Jenkins stated that as the City Council will recall, the public hearing on this matter was closed on April 25th at which time staff was directed to prepare a Resolution affirming the decision of the Committee on Trees and Views. He stated that the City Council is in the deliberation stage until a resolution is adopted. He stated that at his request, staff gathered all of the evidence that had been collected with regard to the existence of a view at the time the property was acquired by the Nuccions in 2009. He stated that as he reviewed the evidence, including transcription of some of the minutes, e -mails, the application and written materials submitted, there appears to be some confusion with regard to the photographs that were submitted as evidence of the view at the time the property was acquired. He stated that the issue causing concern is that, as is shown in the record, the trees at issue were trimmed by the Nuccions at some point in time and it is not clear when the photographs were taken in relation to when the trees were trimmed. He stated that after this review of the evidence, the staff report was prepared outlining all of the evidence presented on the question of what view existed from the property at the time of acquisition to assist in preparing a resolution by allowing the City Council to identify those matters that it finds persuasive in the evidence. He stated that by looking at the staff report and all the evidence cited in the staff repot, the City Council is in an improved position to identify the specific evidence it finds persuasive and why it is persuasive. He stated that the staff report Minutes City Council Meeting 06-13-16 DRAFT outlines three options before the City Council: (1) reaffirm the direction from April 25`h and direct staff to return with a resolution upholding the decision of the Committee on Trees & Views; (2) re -open the public hearing after public notice and schedue another hearing; or (3) provide different direction to staff. He stated that Mr. Wienberg, the attorney for the Nuccions submitted additional evidence just before the meeting tonight, which according to staff, consists of new evidence that has not been previously submitted. He stated that since the public hearing is closed, it is not permissible to accept new evidence at tonight's meeting — either in document or testimony form. He stated that if it is the City Council's desire to accept new evidence, the public hearing would have to be re -opened and property noticed for a future meeting. Discussions ensued concerning the options before the City Council for proceeding. Councilmember Pieper stated that after further reviewing the requirements of Measure B, he does not believe the evidence submitted establishes the existence of the view when the property was acquired. He suggested re -opening the public hearing solely for the purpose of considering the issue whether a view existed at the time the Nuccions acquired the property. To clarify, City Attorney Jenkins stated that the City Council has received a lot of evidence including oral testimony, and it is the City Council's job to examine all of the evidence and sift thorough it and weigh it against the rest of the evidence. Following further discussion, Councilmember Mirsch moved that the City Council reopen the public hearing on this matter for the limited purpose of receiving additional evidence and considering further the sole issue whether a view existed at the time the Nuccions acquired the property at 18 Portuguese Bend Road. Councilmember Pieper seconded the motion, which carried without objection. Discussion ensued concerning possible dates for the re -opened public hearing and with concurrence of both parties, the public hearing was scheduled for Monday, August 22, 2016 at 7:00 p.m.. Following brief discussion and concurrence by both parties, the City Council upon a motion by Councilmember Mirsch, seconded by Councilmember Pieper and without any objection, provided the parties with the following direction with regard to additional evidence: • As agreed by the Nuccion's counsel, within 10 days, the Nuccions shall provide the Hassoldts and the City digital copies (including the metadata) of all of the photographs that have been submitted in support of the view impairment complaint on a compact disc. • Any additional evidence to be considered shall be provided to the other party and submitted to the City not less than 10 days prior to the August 22 public hearing — by 5:00 p.m. on August 12, 2016. • Any evidence not submitted by the above deadline will not be considered. NEW BUSINESS DISCUSSION AND CONSIDERATION OF THE FOLOWING ITEMS RELATED TO THE INSTALLATION OF AUTOMATED LICENSE PLATE RECOGNITION (ALPR) CAMERAS IN THE CITY TO COMBAT CRIME. Mayor Dieringer introduced the item and asked for staff's comments. City Manager Cruz presented the staff report stating that these two agreements are before the City Council based on previous approval and Minutes City Council Meeting 06-13-16 DRAFT direction to staff to proceed with the installation of the ALPR cameras in conjunction with the other three Peninsula cities. He stated that the first document for consideration is an MOU with other three cities for installation of the cameras through Vigilant Solution which has been reviewed by the City Attorneys from each of the four cities; and the second is a license agreement between the Cit of Rolling Hills and the Rolling Hills Community Association. Following brief discussion concerning the cost of the cameras and the camera technology, the following actions were taken with regard to the two agreements related to the installation of the ALPR cameras: CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF ROLLING HILLS AND THE OTHER PALOS VERDES PENINSULA CITIES TO COOOPERATIVELY FUND, INSTALL AND ADMINISTER THE CONTRACT WITH THE AUTOMATED LICENSE PLATE RECOGNITION (ALPR) CAMERA SERVICE PROVIDER (VIGILANT SOLUTIONS) TO COMBAT CRIME IN THE REGION. Councilmember Pieper moved that the City Council authorize the City Manager to execute the MOU between the Cities of Palos Verdes Estates, Rancho Palos Verdes, Rolling Hills Estates and Rolling Hills relating to the placement, and maintenance of Automated License Plate Recognition (ALPR) cameras around the Palos Verdes Peninsula. Councilmember Wilson seconded the motion, which carried without objection. CONSIDERATION OF LICENSE AGREEMENT BETWEEN THE CITY OF ROLLING HILLS AND THE ROLLING HILLS COMMUNITY ASSOCIATION (RHCA) TO OUTLINE THE TERMS AND CONDITIONS TO PLACE ALPR CAMERAS NEAR OR ON EACH OF THE THREE RHCA OWNED GATE HOUSES. Councilmember Pieper moved that the City Council authorize the City Manager to execute the license agreement between the City of Rolling Hills and the Rolling Hills Community Association for permission to install three automated License Plate Recognition (ALPR) cameras near or on each of the three RHCA gatehouses. Councilmember Mirsch seconded the motion, which carried without objection. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETING HELD ON MAY 12, 2016. (ORAL REPORT) Mayor Dieringer provided an overview of the discussion from the Palos Verdes Peninsula Regional Law Enforcement Committee meeting held on May 12`h stating that crime rates seems to be lower than previous quarters and the majority of the discussion has been around the installation of the ALPR cameras. Councilmember Pieper noted that the ambulance response time data is slightly skewed because some addresses outside the City are being calculated in the City's numbers. DISCUSSION CONCERNING THE PROGRESS OF THE CITY COUNCIL TREES AND VIEWS AD HOC COMMITTEE. (ORAL REPORT) Councilmember Mirsch reported that the ad hoc committee had a good meeting with Richard Colyear and Minutes City Council Meeting 06-13-16 DRAFT Lynn Gill in May and plans to meet again on June 23`d. She stated that the Committee will report further on its progress after that meeting. DISSCUSION AND POSSIBLE DIRECTION TO STAFF CONCERNING THE CALIFORNIA WATER SERVICE COMPANY'S PAST AND PRESENT ASSISTANCE FOR ROLLING HILLS RESIDENTS REGARDING WATER BUDGETS. (ORAL REPORT) Mayor Dieringer provided an update regarding her discussions with California Water Service Company regarding water budgets and the appeal process at a recent meeting that included the City Manager and representatives from California Water Service Company. Following discussion, the City Manager was directed to follow-up with California Water Service Company regarding the appeal process. DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING PENDING STATE LEGISLATION THAT COULD RESTRICT THE CITY'S ZONING AND PLANNING AUTHORITY CONCERNING ITS HOUSING UNITS. (ORAL REPORT) Mayor Dieringer provided information regarding pending legislation that may impact the City's planning authority with regard to secondary housing units and suggested that the City Council contact their elected officials and continue to monitor the legislation. Brief discussion ensued concerning the pending legislation. No action was taken. MATTERS FROM STAFF DISCUSSION AND DIRECTION REGARDING LAYING DOWN CONDUIT FOR COX CABLE AND FRONTIER COMMUNICATIONS LINES IN CONJECTION WITH SOUTHERN CALIFORNIA EDISON'S WILLIAMSBURG LANE VOLTAGE IMPROVEMENT PROJECT. (ORAL REPORT) Mayor Dieringer introduced the item and asked for staff's comments. City Manager Cruz provided an update concerning the Southern California Edison voltage improvement on Williamsburg Lane stating that it was the City's intent, when this project was originally introduced, to have the option of putting down the conduit for the other utilities at the same time this project was being done. He stated that it was recently learned that the SCE is moving forward with the project and staff is trying to coordinate with the communications companies to move forward with additional conduit but in order to do so, funds would need to be appropriated for that purpose. Following discussion, Councilmember Pieper moved that the City Council approve an appropriation from the Utility Fund in the amount up to $20,000 (half of a total project cost of up to $40,000) for trenching and conduit to underground the other utilities in conjunction with Southern California Edison's Williamsburg Lane Voltage Improvement Project and authorize the City Manager to work with the utilities to accomplish this objective. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. Minutes City Council Meeting 06-13-16 0 DRAFT CLOSED SESSION Government Code §54956.8 Conference with Real Property Negotiators Property: APN 7567-017-017 Agency negotiator: Raymond Cruz, City Manager Negotiating parties: County of Los Angeles Under negotiation: Price (tax defaulted parcel) The City Council recessed into closed session at 9:24 p.m. to discuss the matters listed above on the closed session agenda. RETURN TO OPEN SESSION ANNOUNCEMENT OF ACTIONS FROM CLOSED SESSION (ORAL REPORT). The meeting was called back to order in open session at 9:46 p.m. City Attorney Jenkins reported that the City Council met in closed session to discuss the item listed above and no reportable action was taken. ADJOURNMENT Hearing no further business before the City Council, Mayor Dieringer adjourned the meeting at 9:47 p.m. to an adjourned regular meeting of the City Council scheduled to be held on Monday, June 27, 2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce City Clerk Approved, Bea Dieringer Mayor Minutes City Council Meeting 06-13-16 -10- rf al Ra 14 '09 get4 INCORPORATED JANUARY 24, 1957 AGENDA REGULAR MEETING NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS MONDAY, JUNE 13, 2016 7:00 P.M. Next Resolution No. 1184 1. CALL TO ORDER 2. ROLL CALL 3. OPEN AGENDA - PUBLIC COMMENT WELCOME Next Ordnance No. 347 This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4. 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 April 25, 2016; (2) Regular Meeting of May 9, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of April, 2016. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for April, 2016. RECOMMENDATION: Receive and file. E. City Council Finance/Budget/Audit Committee meeting notes of May 18, 2016. RECOMMENDATION: Receive and file. F. Consideration of an Agreement with Executive -Suite Services, Inc. for City Hall Custodial Services. RECOMMENDATION: Approve as presented. G. Consideration of Investment Resolutions authorizing the City Manager and Finance Director to make investment deposits on behalf of the City of Rolling Hills with Preferred Bank and the Money Center Department of U.S. Bank National Association. RECOMMENDATION: Approve as presented. H. County of Los Angeles Department of Animal Care and Control FY 2016/17 Service Level Request. RECOMMENDATION: Approve as presented. Page 1 of 5 I. County of Los Angeles Department of Agricultural Commissioner/Weights and Measures FY 2016/17 Agreement Renewal for Pest Control Services. RECOMMENDATION: Approve as presented. J. Authorization for staff to change the City's credit card provider from Union Bank to Opus Bank. RECOMMENDATION: Approve as presented. CONSENT CALENDAR ITEMS FROM THE TRAFFIC COMMISSION: K. Consideration of a recommendation from the Traffic Commission to approve a request from the Palos Verdes Art Center for an Artist Studio Tour on September 24 and 25, 2016 to feature two Rolling Hills Artist Studios located at 14 Cinchring Road and 15 Eastfield Drive. RECOMMENDATION: Approve as presented. 5. COMMISSION ITEMS A. RESOLUTION NO. 2016-11 -- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW TO CONSTRUCT A COVERED PORCH ON A PROPERTY WITH A RESTRICTED DEVELOPMENT CONDITION AT 13 OUTRIDER ROAD, (LOT 94-A-EF), ROLLING HILLS, CA, (HANG JA YOO). B. RESOLUTION NO. 2016-12 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO CONSTRUCT A TRELLIS ON A PROPERTY WITH A RESTRICTIVE DEVELOPMENT CONDITION IN ZONING CASE NO. 903 AT 37 CHUCKWAGON ROAD, (LOT 19 -CF) (VAN NORTWICK). C. RESOLUTION NO. 2016-13 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW, CONDITIONAL USE PERMIT, AND VARIANCES FOR GRADING, FOR WALLS OVER 3' IN HEIGHT, AND WHICH WILL NOT AVERAGE OUT TO 2.5' IN HEIGHT, A POOL/SPA, TRELLIS, CONSTRUCTION OF A 705 SQUARE FOOT RECREATION ROOM AND TO LOCATE THE STRUCTURES IN THE FRONT YARD OF THE LOT AND TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT AT 2 HILLSIDE LANE, (LOT 60-RH), (ELKIN). D. RESOLUTION NO. 2016-14 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO CONSTRUCT A SWIMMING POOL AND ATTACHED TRELLIS WHICH WOULD ENCROACH INTO THE REAR YARD SETBACK AND TO EXCEED THE MAXIMUM PERMITTED TOTAL COVERAGE OF THE LOT IN ZONING CASE NO. 900 AT 71 CREST ROAD EAST, (LOT 69 E-1 MS), ROLLING HILLS, CA (BRAZY & LUCHINI). City Council Agenda 06/13/16 Page 2 of 5 6. PUBLIC HEARINGS A. CITY OF ROLLING HILLS PROPOSED DRAFT BUDGET INCLUDING THE ANNUAL REPORT ON: GENERAL FUND; COMMUNITY FACILITIES FUND; MUNICIPAL SELF INSURANCE FUND; OPEB FUND, REFUSE COLLECTION FUND; SOLID WASTE CHARGES; TRAFFIC SAFETY FUND; TRANSIT FUND - MEASURE R; TRANSIT FUND -PROPOSITION A; TRANSIT FUND -PROPOSITION C; COPS AND CLEEP FUND; UTILITY FUND; AND CAPITAL PROJECT FUND FOR FISCAL YEAR 2016-17 AND CONSIDERATION OF (1) RESOLUTION NO. 1184: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING THE FY 2016-17 CITY OF ROLLING HILLS BUDGET INCLUDING THE ANNUAL REPORT ON: GENERAL FUND; COMMUNITY FACILITIES FUND; MUNICIPAL SELF INSURANCE FUND; OPEB FUND, REFUSE COLLECTION FUND; SOLID WASTE CHARGES; TRAFFIC SAFETY FUND; TRANSIT FUND -MEASURE R; TRANSIT FUND - PROPOSITION A; TRANSIT FUND -PROPOSITION C; COPS AND CLEEP FUND; UTILITY FUND; AND CAPITAL PROJECT FUND FOR FISCAL YEAR 2016-17. (2) RESOLUTION NO. 1185: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING THE 2016-17 FISCAL YEAR GANN APPROPRIATION LIMIT FOR THE CITY OF ROLLING HILLS. 7. OLD BUSINESS A. CONSIDERATION OF TWO APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CTV SETTING FORTH FINDINGS RELATING TO TRIMMING OF TREES AT 15 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT FROM 18 PORTUGUESE BEND ROAD. 8. NEW BUSINESS A. DISCUSSION AND CONSIDERATION OF THE FOLOWING ITEMS RELATED TO THE INSTALLATION OF AUTOMATED LICENSE PLATE RECOGNITION (ALPR) CAMERAS IN THE CITY TO COMBAT CRIME. (1) CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF ROLLING HILLS AND THE OTHER PALOS VERDES PENINSULA CITIES TO COOOPERATIVELY FUND, INSTALL AND ADMINISTER THE CONTRACT WITH THE AUTOMATED LICENSE PLATE RECOGNITION (ALPR) CAMERA SERVICE PROVIDER (VIGILANT SOLUTIONS) TO COMBAT CRIME IN THE REGION. (2) CONSIDERATION OF LICENSE AGREEMENT BETWEEN THE CITY OF ROLLING HILLS AND THE ROLLING HILLS COMMUNITY ASSOCIATION (RHCA) TO OUTLINE THE TERMS AND CONDITIONS TO PLACE ALPR CAMERAS NEAR OR ON EACH OF THE THREE RHCA OWNED GATE HOUSES. City Council Agenda 06/13/16 Page 3 of 5 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS A. UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETING HELD ON MAY 12, 2016. (ORAL REPORT) B. DISCUSSION CONCERNING THE PROGRESS OF THE CITY COUNCIL TREES AND VIEWS AD HOC COMMITTEE. (ORAL REPORT) C. DISSCUSION AND POSSIBLE DIRECTION TO STAFF CONCERNING THE CALIFORNIA WATER SERVICE COMPANY'S PAST AND PRESENT ASSISTANCE FOR ROLLING HILLS RESIDENTS REGARDING WATER BUDGETS. (ORAL REPORT) D. DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING PENDING STATE LEGISLATION THAT COULD RESTRICT THE CITY'S ZONING AND PLANNING AUTHORITY CONCERNING ITS HOUSING UNITS. (ORAL REPORT) 10. MATTERS FROM STAFF A. DISCUSSION AND DIRECTION REGARDING LAYING DOWN CONDUIT FOR COX CABLE AND FRONTIER COMMUNICATIONS LINES IN CONJECTION WITH SOUTHERN CALIFORNIA EDISON'S WILLIAMSBURG LANE VOLTAGE IMPROVEMENT PROJECT. (ORAL REPORT) 11. PUBLIC COMMENT ON CLOSED SESSION ITEMS 12. CLOSED SESSION Government Code §54956.8 Conference with Real Property Negotiators Property: APN 7567-017-017 Agency negotiator: Raymond Cruz, City Manager Negotiating parties: County of Los Angeles Under negotiation: Price (tax defaulted parcel) 13. RETURN TO OPEN SESSION A. ANNOUNCEMENT OF ACTIONS FROM CLOSED SESSION (ORAL REPORT). 14. ADJOURNMENT Next meeting: Monday, June 27, 2016 at 7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. City Council Agenda 06/13/16 Page 4 of 5 Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the Deputy City Clerk at (310) 377- 1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. City Council Agenda 06/13/16 Page 5 of 5 DRAFT Agenda Item No. 4-A(1) Meeting Date: 06/13/16 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, APRIL 25, 2016 CALL TO ORDER An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Dieringer at 7:03 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Councilmembers Absent: Others Present: Black, Mirsch, Pieper, Wilson and Mayor Dieringer. None. Raymond R. Cruz, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Terry Shea, Finance Director. Jim Walker, Finance Consultant. Beate Kirmse, 2 Chuckwagon Road. John Nunn, 1 Crest Road West. Mike and Marcia Schoettle, 24 Eastfield Drive. Paul Mayhack, 52 Eastfield Drive. Mike Baumann, 25 Eastfield Drive. Dan Nguyen, 5 Buggy Whip Drive. Raghu Mendu, 1 Reata Lane. Howard Weinberg, Attorney Diana Nuccion, 18 Portuguese Bend Road. Hal Light, Attorney. Ruben Green, Consulting Arborist. Tina Greenberg, 32 Portuguese Bend Road. Geraldine Belleville, 12 Crest Road East. Jim Aichele, 14 Crest Road West. OPEN AGENDA - PUBLIC COMMENT WELCOME None. DRAFT 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 - Regular Meeting of April 11, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of March, 2016. RECOMMENDATION: Approve as presented. D. Consideration of approval of City employee compensation adjustments for the Administrative Assistant, City Clerk/Executive Assistant and Planning Director. RECOMMENDATION: Approve as presented. E. City Council Fire Fuel Reduction Ad Hoc Committee meeting notes of March 31, 2016 RECOMMENDATION: Receive and file. Councilmember Wilson moved that the City Council approve the items on the consent calendar as presented. Councilmember Pieper seconded the motion, which carried without objection. PRESENTATION Supervisor Don Knabe County of Los Angeles - Board of Supervisors — Fourth District Supervisor Knabe addressed the City Council to express his appreciation to the City Council and the residents for their support during his 20 years as e District Supervisor. Mayor Dieringer presented a Certificate of Commendation to Supervisor Knabe in recognition of his dedication and commitment to the citizens of the County during his term as Supervisor. Mayor Dieringer suggested taking the items listed under Matters from Staff out of order recognizing that they would likely be brief matters. Hearing no objection, she so ordered. COMMISSION ITEMS None. MATTERS FROM STAFF QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING MARCH 31, 2016. Finance Director Shea presented the investment report for the quarter ending March 31, 2016. He stated that rates are higher than last year at .44% and active deposits are up approximately $333,000. He noted that the Ca1PERS CERBT investment earnings are also up slightly. Mayor Pro Tem Black moved that the City Council receive and file the investment report for the quarter ending March 31, 2016 as presented. Councilmember Pieper seconded the motion, which carried without objection. Minutes City Council Meeting 04-25-16 DRAFT FY 2016/2017 BUDGET PREPARATION DOCUMENTS 1) FY 2015/2016 YEAR-END REVENUE AND EXPENDITURE PROJECTIONS 2) FY 2015/2016 YEAR-END PROJECTIONS BUDGET ADJUSTMENTS 3) FY 2016/2017 CONSUMER PRICE INDEX (CPI) ADJUSTMENT FOR BUDGET AND SOLID WASTE COLLECTION SERVICES Jim Walker, Budget Consultant presented the staff report containing the 2016/17 budget preparation documents including the year-end revenue and expenditure projections, the proposed CPI increase for budget preparation and solid waste collection services; and the year-end budget adjustments. Following brief discussion, Mayor Pro Tem moved that the City Council receive and file the budget preparation documents as presented. Councilmember Pieper seconded the motion, which carried without objection. CONSIDERATION AND APPROVAL OF THE CITY OF ROLLING HILLS INVESTMENT POLICY; FINANCIAL, BUDGET AND DEBT POLICIES; FUND BALANCE POLICY; AND RESOLUTION NO. 953 — ASSET CAPITALIZATION POLICY. Finance Director Shea presented the staff report pertaining to the City's financial policies. He stated that staff recommends that Treasury Direct Funds be removed from investment policy because those funds are not available; and with regard to the Finance, Budget and Debt Policy, that the policy be changed to eliminate submitting the City's annual budget to the Government Finance Officers Association (GFOA) every other year and to submit the Comprehensive Annual Financial Report (CAFR) annually instead of every other year. Discussion ensued concerning the merits of submitting the CAFR to the GFOA for the annual award. Following brief discussion, Mayor Pro Tem Black moved that the City Council amend the financial, budget and debt policy to eliminate sending the Budget and CAFR to the GFOA for recognition. Councilmember Pieper seconded the motion, which carried without objection. Councilmember Pieper moved that the City Council approve the investment policy as amended to eliminate Treasury Direct accounts; approve the financial, budget and debt policies as amended to eliminate sending the CAFR to the GFOA annually for recognition; and to approve the fund balance policy and asset capitalization policy as presented with no changes. Mayor Pro Tem Black seconded the motion, which carried without objection. Recognizing that there were members of the community present to address the City Council regarding the items listed under New Business relating to the public forum on a possible ballot measure to repeal or amend Measure B, Mayor Dieringer suggested taking that matter out of order as well. Hearing no objection, she so ordered. NEW BUSINESS DISCUSSION AND PUBLIC FORUM ON A POSSIBLE BALLOT MEASURE TO REPEAL OR AMEND MEASURE B RELATING TO VIEW PRESERVATION. Mayor Dieringer introduced the item and asked for staff's introductory remarks. Planning Director Minutes City Council Meeting 04-25-16 DRAFT Schwartz stated that there are two additional correspondence received after the agenda packet was prepared and they have been placed on the dais and made available for the public. She stated that one correspondence is from Lynn Gill proposing amended language for the View Preservation Ordinance. She further reviewed the background on this matter stating that this matter was agendized at the direction of the City Council to receive resident input relative to how they feel about Measure B — what is good about it and what needs revision. Mayor Dieringer called for public comments on this matter. Beate Kirmse, 2 Chuckwagon Road addressed the City Council to ask what problems need to be addressed. She stated that in order to fix it, residents need to know what the problems are. In response, Mayor Dieringer stated that the information is available on the City's web site and reviewed the City Council's previous discussions on this matter. Councilmember Pieper further explained the background on the issue. Ms. Kirmse suggested that the City should have publicized this matter better. She stated that she does not believe trees should be cut to improve views. John Nunn, 1 Crest Road West addressed the City Council stating that he does not believe the original ordinance is balanced. He stated that the ordinance should include mandatory arbitration. He further stated that the current ordinance favors the view seeker and Measure B has restored a certain amount of fairness and is more balanced. Mike Schoettle, 24 Eastfield Drive addressed the City Council stating that the City should not be involved in the legal issues regarding view matters but rather the City should fund arbitration between the parties and not take a side in the matter. Marcia Schoettle, 24 Eastfield Drive addressed the City Council to take responsibility for Measure B and stated it was not her intent to cause ambiguity — she was simply trying to save trees. She stated that the City should be fair in this matter and not take a side. °;Paul Mayhack, 52 Eastfield Drive addressed the City Council stating that his issue isn't with existing • trees, but rather new trees that are planted and allowed to grow into the view. Mike Baumann, 25 Eastfield Drive addressed the City Council stating that his concern is with regard to the maturity issue. He stated that if the view existed and has been maintained mature trees should not be exempted from trimming. Dan Nguyen, 5 Buggy Whip Drive addressed the City Council stating that the City should be involved in the process and there needs to be clear, balanced definitions for everyone to follow. Raghu Mendu, 1 Reata Lane addressed the City Council stating that there should be balance between trees and views, but Measure B shifted the balance too far toward trees. He suggested that Measure B be repealed and rewritten. Howard Weinberg, Attorney addressed the City Council on behalf of the Occhipinti Family (Crest Road East). He stated that the way Measure B is written, it will slowly take views away completely and suggested that measure be placed on the ballot to undo Measure B and puts something in place to more Minutes City Council Meeting 04-25-16 DRAFT precisely defines what a view is and what is allowed with regard to corridors. He suggested creating incentives for neighbors to work together. He further suggested there be specific measures in place to determine what view existed. Following public comment, the public forum on this matter was continued to the next City Council meeting scheduled for Monday, May 9, 2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Councilmember Mirsch moved that the City Council direct staff to place signs at the gates informing residents of the May 9th public forum on this matter. Councilmember Pieper seconded the motion, which carried without objection. PUBLIC HEARINGS CONTINUED PUBLIC HEARING FOR CONSIDERATION OF TWO APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CTV SETTING FORTH FINDINGS RELATING TO TRIMMING OF TREES AT 15 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT FROM 18 PORTUGUESE BEND ROAD. LOCATION OF TREES: 15 PORTUGUESE BEND ROAD PROPERTY OWNER: MR. AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz presented the staff report and background on this matter. She stated that the first public hearing on this matter was held on November 23, 2015 and the City Council visited the properties on March 21, 2016. She stated that at the field trip, the City Council determined that the Nuccions had a view from the designated viewing area as defined by the Zoning Ordinance and that the trees on the Hassoldt property do obstruct the view. She stated that today, the City Council will continue the public hearing, take public testimony and consider the information received. She further reviewed the information received including an aerial photograph and list of trees submitted by the Nuccions as requested by the City Council at the November meeting; a certification from Brandon Gill, Arborist regarding the measurement of the trees on the Hassoldt property submitted by the Nuccions today; a correspondence from Hal Light submitted on behalf of the Hassoldts containing aerial photographs of the area; a declaration from a Registered Consulting Arborist regarding the maturity issue submitted by Mr. Light; and a correspondence from Mr. Weinberg providing tree measurements and calculation extrapolating the age of the trees and height in 2010 based on the definition of mature previously adopted by the City Council. Ms. Schwartz stated that based on the appeals, the City Council should determine if the Nuccions established by clear and convincing evidence that the view existed in 2009 when they acquired the property; is the view obstructed now; and were the trees mature in 2009. She stated the once those matters are determined, if applicable, the City Council should structure any restorative action in such a way to provide view corridors not a panoramic view. Minutes City Council Meeting 04-25-16 DRAFT In response to Mayor Pro Tem Black, Planning Director Schwartz reviewed the points on appeal which include: The appeal by Mr. and Mrs. Hassoldt (tree owners) has been filed on the basis that: • The Nuccions have not established, by clear and convincing evidence or at all, the existence of a protected view over Number 15 (15 Portuguese Bend Road); • Each of the trees subject to the complaint are exempt because they were mature on April 22, 2009 (when the Nuccions acquired the property); • Other various bases for the appeal. o The Hassoldts were not properly noticed of the view complaint case filed by the Nuccions o The View Ordinance fails to provide procedure to require service of view complaint o Upholding the CTV resolution would be in excess of the jurisdiction of the City o The remediation actions will provide an unobstructed view and not "view corridors" to the Nuccions o No view existed when the Nuccions acquired the property and therefore the decision of the CTV is unlawful o The Nuccions have failed to establish by "clear and convincing evidence" that they had a view when they purchased the property and that the trees were not mature when they acquired the property. The appeal by Dr. and Mrs. Nuccion (complainants) has been filed on the basis that: • The Committee erred in its decision that the two Olive trees subject to the complaint were mature when the Nuccions purchased the property, and are therefore not eligible for remediation; and • The Committee abused its discretion by rejecting one arborist report that concluded that the Olive trees were not mature and accepting another arborist report that concluded that the Olive trees were mature; and that the decision of the Committee to render those trees mature is not supported by substantial evidence. In response to Mayor Dieringer regarding the second point in the Nuccion appeal, Mr. Weinberg stated that when the Committee came to its conclusion with regard to the issue of the maturity of the Olive trees was based on a feeling that the trees were mature; but since that time, the City Council adopted Resolution 1182 which provides guidelines as to how maturity is determined. He further stated that in using those guidelines to determine maturity of the Olive tree specifically, it was found during the photographic analysis that the trees were actually taller than the maximum height provided for in the definition, which indicates that the threshold needs to have flexibility. He suggested that the City Council could use its discretion to determine that the Olive trees may not be mature. In response to Mayor Dieringer, City Attorney Jenkins suggested that this would be the appropriate time to call for comments from the appellants in this matter; then hear from the public on the matter after which time the appellants could offer any rebuttal comments and then the City Council could engage in deliberation in the matter and ask for clarification from the parties where necessary. He further stated in response to Mayor Dieringer that if the City Council wishes to remand this case back to the Committee on Trees and Views to review based on the newly adopted standards, it would be appropriate to make that motion now, but the City Council is not obligated to do so. Minutes City Council Meeting 04-25-16 CU DRAFT In response to Mayor Dieringer, Planning Director Schwartz stated that staff has no knowledge as to the accuracy of the tree height projections submitted by the Nuccions. Mayor Dieringer called for public comment. Diana Nuccion, 18 Portuguese Bend Road addressed the City Council stating that when they purchased their property in 2009 it was in a state of disarray and abandoned and they did not take photographs at that time because they were focused on finishing the house not documenting the view because Measure B did not exist at that time. She stated that the photographs she submitted as evidence of the view were taken after they moved into the house. Howard Weinberg, Attorney, addressed the City Council on behalf of the Nuccions to further explain the information that was submitted with regard to the tree height projections as they relate to the maturity of the trees. He stated that based on this evidence, the two Olive trees may be considered mature, but none of the other trees were mature in 2009. He stated that in their opinion, the City Council has received the evidence it needs to conclude that there was a view, that the trees impede that view, that the impairment should be remediated and that the trees were not mature with the exception of possibly the two Olive trees. Discussion ensued concerning the information that was submitted with regard to the tree height projections as they relate to the maturity of the trees. Mr. Weinberg reiterated his point that the City Council could use its discretion to determine that the Olive trees may not be mature based on the analysis presented. In response to Mayor Dieringer regarding the 2010 photographs submitted, Mr. Weinberg stated that with respect to the height of the trees in 2010, the Nuccions provided testimony that when they purchased the house, they owned it or lived there for a year before they took those photographs and no trees were cut between the time they bought the house and the time these photographs were taken. Further discussion ensued concerning the burden of proof related to the existence of the view and the maturity issue Hal Light, Attorney addressed the City Council on behalf of the Hassoldts stating that the burden of proof is for the applicant to provide clear and convincing evidence as to whether or not there was a view when they acquired the property. He further explained the details of their appeal stating that they assert that the Nuccions have not presented clear and convincing evidence that the view existed in 2009 when they acquired the property. He further explained the Google Earth images that were submitted as evidence that it was likely that the trees were topped in 2010 although the Nuccions testified that the trees were not trimmed until 2011. Mr. Light further pointed out that they believe there is a discrepancy as to the date the photographs submitted as evidence that the view existed in 2010 were taken. Mayor Pro Tem Black commented that when the previous City Council heard testimony related to the issues surrounding the undergrounding of the utility lines on the property (in the late 2000's), there were several reference made at that time to the property having a panoramic view and he observed the view as it existed. With regard to the maturity issue, Mr. Light stated that their arborist is present to address the City Council and answer questions. Mr. Light further explained the 1954 aerial photograph submitted which shows a ring of trees on the property at 15 Portuguese Bend Road stating that he believes the process whereby maturity is determined is flawed. Minutes City Council Meeting 04-25-16 DRAFT Ruben Green, Registered Consulting Arborist addressed the City Council stating that it is not a standard practice to determine tree maturity solely based on a percentage of a maximum height and spread. He stated that factors need to be considered including the trees age, the climate, the specie and the condition of the tree. Discussion ensued concerning possible ways to determine maturity. Mayor Dieringer called for public comment. Tina Greenberg, 32 Portuguese Bend Road addressed the City Council to ask if it would be possible for the City to not make a decision if there is not enough evidence. She further suggested in the future using age as a determination of maturity and that the City encourage residents to document their views. Beate Kirmse, 2 Chuckwagon Road addressed the City Council to suggest that there should be photographic evidence of the view from 2009. Geraldine Bellville, 12 Crest Road East addressed the City Council to suggest that there should be a timeline on view cases and that more research be done with regard to the maturity issue. She asked if the City Council has to make a decision. Jim Aichele, 14 Crest Road West addressed the City Council stating that the View Ordinance has always favored views and serves to divide the City. He suggested the City should not be involved in view issues. Mayor Dieringer called for rebuttal comments. Mr. Light stated that the photo of the view submitted by the Nuccions as evidence from July 2010 appears, based on the metadata in the photograph, to actually have been taken in July 2011. He asked that Mr. Weinberg address this issue. He suggested that the photos are the same photograph. Mr. Light reasserted their position that the Nuccions have not submitted clear and convincing evidence that the view existed when they acquired the property in April 2009. Mr. Weinberg stated that the photos may have been taken around the same time, but they are not the same photograph.. He stated that all of the photographs submitted as prior photographs show that there was a view previously. He stated that the City Council has been provided with photographic evidence and testimony from the Nuccions that they had a view. Hearing no further public comment, Mayor Dieringer closed the public hearing. In response to Mrs. Belleville's inquiry, City Attorney Jenkins stated that an application has been made under the ordinance and the applicant is entitled to a decision. He stated that the City Council's decision should be based on the evidence that has been presented and what is in the record of the proceedings. He further reviewed the matters before the City Council. In response to Mayor Pro Tem Black regarding previous public testimony and personal experience during consideration of an unrelated matter on this property asserting that the property did have a panoramic view, City Attorney Jenkins stated that absent definitive answers as to exactly when the testimony was given and when the view was seen, the City Council has to determine how much weight can be given to Minutes City Council Meeting 04-25-16 DRAFT that evidence and its relevance to this proceeding. City Attorney Jenkins stated that the City Council may wish to focus on the evidence included in the packet and heard tonight. In response to Mayor Dieringer, City Attorney Jenkins stated that it is not unusual for land use decision - making bodies to not require testimony to be made under oath. He further explained the burden of proof requirements as they apply to the ordinance and Measure B specifically. Discussion ensued concerning the burden of proof with regard to the maturity issue. City Attorney Jenkins stated that as he interprets Measure B, the clear and convincing evidence standard does not apply to the issue of maturity. In response to Mayor Dieringer regarding establishing the protected view, City Attorney Jenkins stated that the City Council first needs to determine if there is a view, which has already been determined; and if there is a view, was that view there, by clear and convincing evidence, when the property was acquired. If yes, then the City Council would determine if the view is impaired by maturing or mature trees. Discussion ensued concerning the burden of proof with regard to the issue of mature vs. maturing. Councilmember Pieper commented that based on the evidence presented, he believes that only the Olive trees are considered mature; and moving forward based on that assumption, those trees would be exempted from action and the Nuccions would be provided with corridor views on either side of those trees, which is consistent with previous application of the ordinance. He further commented that the next issue to determine is what view existed in 2009 when the Nuccions acquired the property. He commented that he too remembers discussions about a panoramic view from this property when an unrelated matter was before the Planning Commission, but he is bothered by the inconsistent date stamp on the photos although he knows from experience that it is possible for a date stamp to be incorrect on a photograph. He stated that given the time and diligence that the Committee on Trees and Views put into this case and the new evidence submitted, he is inclined to deny both appeals and uphold the Committee's decision with regard to the maturity issue. Discussion ensued concerning the "2009" cut marks as referenced by the Committee. Mayor Dieringer commented that she believes that the clear and convincing evidence standard should also apply to the issue of maturity and that if the trees were mature then there is no view. She further expressed concern that if there was trimming done in 2009 and the photos submitted were from 2010, then the photos don't accurately depict the view from 2009 and the data used to determine maturity is faulty. Further discussion ensued concerning whether or not the applicant has submitted evidence that the view existed in 2009 when they acquired the property. Mayor Pro Tem Black commented that everyone involved with the property knows there was a view although it isn't clear whether it was 2008 or 2009, but the City Council has received evidence and testimony from the Nuccions that the view existed in 2009. Councilmember Mirsch suggested that the City Council consider one item at a time; first, did a view exist in 2009? Further discussion ensued concerning whether or not the applicant has submitted evidence that the view existed in 2009 when they acquired the property and the discrepancy in the date stamp on the photos and the e-mail correspondence. Councilmember Mirsch commented, in response to a previous comment by Mr. Light, that she was not on the Committee on Trees & Views when this case was considered and she did not see this property's view prior to the City Council's consideration of this case. Further discussion ensued concerning what view existed when the Nuccions acquired the property in 2009 and the evidence submitted. Minutes City Council Meeting 04-25-16 DRAFT Mayor Dieringer commented that in researching this matter personally, she found a photo from a real estate listing in 2011 that showed the trees having been topped. City Attorney Jenkins commented that since the photograph referenced isn't in the record, it shouldn't be taken into consideration. Following further discussion, consideration of the evidence presented and deliberation, the following motions were made: Councilmember Mirsch moved that the City Council find, based on the evidence, that the applicant had a view when they acquired the property. Councilmember Pieper seconded the motion. Following discussion, the motion carried with Mayor Dieringer opposed. Councilmember Pieper moved that the City Council find, based on the evidence, that two Olive trees under consideration were mature when the Nuccions acquired the property and thus, exempt from remediation; that the remainder of the trees under consideration were not mature when the Nuccions acquired the property and further setting forth the restorative actions to abate the view impairment as determined by the Committee on Trees and Views. Councilmember Wilson seconded the motion. Following discussion, the motion carried with Mayor Dieringer opposed. Councilmember Pieper moved that the City Council direct staff to prepare a Resolution denying both appeals. Mayor Pro Tem Black seconded the motion, which carried with Mayor Dieringer opposed. OLD BUSINESS None. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS Mayor Pro Tem Black suggested that in order to help residents understand the evolution of the tree and view issues, that staff be directed to prepare a poster showing the facts regarding the cases considered under the old view ordinance and the new one. Following brief discussion, staff was directed to prepare the poster. He further suggested that the City Council consider having a discussion in the future regarding placing a height limit on newly planted trees. • CLOSED SESSION None. ADJOURNMENT Hearing no further business before the City Council, Mayor Dieringer adjourned the meeting at 11:12 p.m. to an adjourned regular meeting of the City Council scheduled to be held on Monday, May 9, 2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Minutes City Council Meeting 04-25-16 DRAFT Respectfully submitted, Heidi Luce City Clerk Approved, Bea Dieringer Mayor Minutes City Council Meeting 04-25-16 -11- THIS PAGE INTENTIONALLY LEFT BLANK DRAFT Agenda Item No. 4-A(2) Meeting Date: 06/13/16 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, MAY 9, 2016 CALL TO ORDER An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Dieringer at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Mirsch, Pieper, Wilson and Mayor Dieringer. Councilmembers Absent: Black (excused). Others Present: Raymond R. Cruz, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Terry Shea, Finance Director. Arun Bhumitra, 13 Buggy Whip Drive. Marcia Schoettle, 24 Eastfield Drive. Tony Oliva, Attorney (on behalf of 5 Quail Ridge Road South). Norm Miller, 4 Chesterfield Road. Spencer Karpf, 8 Maverick Lane. Fred Lorig, 1 Spur Lane. Liz Johnson, 8 Eastfield Drive. James Wald, 7 Quail Ridge Road South. Carol Witte, 5 Quail Ridge Road South. John Nunn, 1 Crest Road West. Jim Aichele, 14 Crest Road West. Richard Colyear, 35 Crest Road West. Dan Nguyen, 5 Buggy Whip Drive. Raghu Mendu; 1 Reata Lane. Laura Gregorio, 45 Eastfield Drive. Tai Chung, 11 Roadrunner Road. Stewart Darryll, 11 Chuckwagon Road. V'Etta Virtue, 4 Maverick Lane. OPEN AGENDA - PUBLIC COMMENT WELCOME None. DRAFT 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 - Regular Meeting of April 25, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Allied Recycling Tonnage Report for March, 2016. RECOMMENDATION: Receive and file. D. Consideration of Providing Authorization to Change Insurance Brokerage Firms and Some Providers for Dental, Vision, Life and Long-term Disability Insurance. RECOMMENDATION: Approve as presented. Mayor Dieringer asked that item 4-A be removed from the consent calendar for individual consideration. Councilmember Pieper moved that the City Council approve the remaining items on the consent calendar as presented. Councilmember Mirsch seconded the motion, which carried without objection. A. Minutes - Regular Meeting of April 25, 2016. Mayor Dieringer moved that the City Council table this item until the next meeting of the City Council and direct staff to review the minutes to include more detail on the discussion and justification for the decision pertaining to the view appeal. Councilmember Pieper seconded the motion, which carried without obj ection. COMMISSION ITEMS RESOLUTION NO. 2016-09. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO CONSTRUCT AN ADDITION TO THE RESIDENCE, AND VARIANCES TO ENCROACH WITH A PORTION OF THE ADDITION UP TO 10 FEET INTO THE FRONT YARD SETBACK AND TO RETAIN A SHED IN SIDE SETBACK IN ZONING CASE NO. 898 AT 46 EASTFIELD DRIVE, (LOT 97-EF), ROLLING HILLS, CA (MILLER). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301, CLASS 1 EXEMPTION GUIDELINES. Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request in Zoning Case No. 898 at 46 Eastfield Drive stating that the Planning Commission approved the request. She reviewed the configuration of the lot stating that the property is served by a long, steep driveway and stated that the applicant proposes to construct a 1,757 sq. ft. addition to the residence of which 85 sq. ft. encroaches into the front yard setback. She stated that the applicant also proposes to retain an existing shed located in the side setback. She further stated that the applicant revised the project from the initial submittal to address concerns raised by the Planning Commission. She stated that all of the development standards meet the requirements of the Zoning Code. Minutes City Council Meeting 05-09-16 DRAFT Following brief discussion, Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No. 2016-09 granting approval of the applicant's request in Zoning Case No. 898 at 46 Eastfield Drive. Councilmember Wilson seconded the motion, which carried without objection. Mayor Dieringer suggested that Matters from Staff item 10-A regarding purchasing certificates of deposit be taken out of order. Hearing no objection, she so ordered. MATTERS FROM STAFF CONSIDERATION OF PURCHASING CERTIFICATES OF DEPOSIT FROM PREFERRED BANK AND US BANK. Mayor Dieringer introduced the item and asked for staff's comments. Finance Director Shea presented the staff report stating that as discussed previously with regard to increase the City's investment earnings, it is proposed that the City Council authorize staff to purchase 24 -month Certificates of Deposit (CD's) from Preferred Bank and US Bank in the fully FDIC insured amounts of $245,000 each at a rate of 1-1.5% Following brief discussion, Councilmember Wilson moved that the City Council authorize the City Manager to purchase up to 24 -month CD's from Preferred Bank and US Bank in the amount of $245,000 each. Councilmember Mirsch seconded the motion, which carried without objection. Finance Director Shea stated that the necessary custodial agreements will be presented to the City Council for final approval. PUBLIC HEARINGS None. OLD BUSINESS DISCUSSION AND PUBLIC FORUM ON A POSSIBLE BALLOT MEASURE TO REPEAL OR AMEND MEASURE B RELATING TO VIEW PRESERVATION. Mayor Dieringer introduced the item and summarized the matter being considered. She stated that Measure B changed how a view is defined in the City's view ordinance to be the view that existed when the property was acquired and added limitations including that a view may not be panoramic but rather corridors and that mature trees are except from action under the ordinance. She further stated that Measure B changed the burden of proof for establishing a view to the standard of clear and convincing evidence and established a priority for that evidence to include photographs, expert testimony and other evidence. She sated that the City Council is seeking input from residents with regard to these matters and what might be a fair balance. Mayor Dieringer then called for public comment. Minutes City Council Meeting 05-09-16 DRAFT Arun Bhumitra, 13 Buggy Whip Drive addressed the City Council stating that he had a panoramic view when he purchased his property and he should be able to restore that view. He suggested that the City give residents the tools to work together with an ad hoc committee to resolve view issues. Marcia Schoettle, 24 Eastfield Drive addressed the City Council stating that she helped pass Measure B to stop the indiscriminate cutting of trees but she recognizes that the problems with it need to be corrected. She expressed concern that repealing Measure B would have a negative impact for the community. She suggested that the City get out of the view business completely and get an objective judge to hear view matters. Tony Oliva, Attorney on behalf of 5 Quail Ridge Road South (Witte) addressed the City Council to express concern regarding the retroactivity portion of Measure B. He explained the history of the Witte view case stating that the matter was ultimately resolved between the parties and a Resolution, adopted by the City Council, was recorded on both properties. Norm Miller, 4 Chesterfield Road addressed the City Council stating that Measure B says that you get the view you had when you moved in but that isn't the case when view corridors are taken into consideration instead. He suggested that view corridors be eliminated. Spencer Karpf, 8 Maverick Lane addressed the City Council stating that he believes the chart of view cases is inaccurate because it doesn't include a case he filed that was resolved in mediation. He urged the City Council to act in accordance with the wishes of the residents as are evidenced by the passage of Measure B. Fred Lorig, 1 Spur Lane addressed the City Council stating that Measure B passed by five votes and voting was not limited to property owners. He suggested that if Measure B is repealed that it be replaced by something that puts the City and Rolling Hills Community Association on the same track with their efforts regarding view preservation being coordinated. Liz Johnson, 8 Eastfield Drive addressed the City Council stating that she is not familiar with this topic, but she is here to speak for the trees and she feels the ordinance incentivizes people to overdo it and fight over trees. James Wald, 7 Quail Ridge Road South addressed the City Council stating that they are the other party in the case Mr. Oliva referred to. He stated that when they purchased their property they were not aware of the issues that affected their trees and they have since lost several of the trees around their house because of trimming which decreased the value of the property and affected their ability to enjoy their property. He stated that the cost for view issues should be borne by the two parties and the City should not be involved. He suggested having private arbitration instead. Carol Witte, 5 Quail Ridge Road South addressed the City Council stating that she believes the Wald's were aware of the conditions of the view resolution when they purchased their property. John Nunn, 1 Crest Road West addressed the City Council stating that he does not believe the City's view ordinance, prior to Measure B was balanced. He suggested that Measure B be kept so that there are limits in the ordinance. Minutes City Council Meeting 05-09-16 DRAFT Jim Aichele, 14 Crest Road West addressed the City Council stating that residents should not be able to exercise rights under both the City and RHCA's view preservation processes. He suggested that the City get out of the view business and leave it to the RHCA. Richard Colyear, 35 Crest Road West addressed the City Council stating that he notified the City of his intent to have a competing measure on the March 2017 ballot and those who are trying to preserve Measure B will do everything they can to support it. He suggested that the City Council attempt to keep this matter from becoming divisive as it did with the last election. Dan Nguyen, 5 Buggy Whip Drive addressed the City Council stating that his family enjoys their view and their trees but he believes' Measure B is not enforceable. He commented that residents should be accountable for the trees on their property and there should be balance and enforceability in the City's ordinance. Raghu Mendu, 1 Reata Lane addressed the City Council stating that personal attacks doe not have a place in trees and view discussions. He commented that he also believes there should be balance and both sides of the issue should be considered without emotions. Laura Gregorio, 45 Eastfield Drive addressed the City Council stating that a property should be entitled to the view they had when they purchased their property and if they had a panoramic view they should be able to restore their view to a panoramic view. Tai Chung, 11 Roadrunner Road addressed the City Council asking if there is a height limit on trees. Mayor Dieringer responded that there is no maximum tree height shown in the City's ordinance and suggested that Mr. Chung discuss his specific circumstances with staff. Stewart Darryll, 16 Chuckwagon Road addressed the City Council stating that there should be a mechanism whereby newly planted trees that may grow into a view are addressed when they are planted. V'Etta Virtue, 4 Maverick Lane addressed the City Council stating that they have been on both sides of the view issue and residents need to remember why they moved into the City including the privacy and beauty of the City. Hearing no further public comment, Mayor Dieringer closed the public comment portion of the meeting and asked for comments from the City Council. Councilmember Pieper commented that this discussion is about Measure B. He stated that his understanding of Measure B was that the view you bought is the view you get; but that is not easy to define and it is difficult to provide proof especially for the residents that have lived here for a long time. He stated that he thinks Measure B needs to be amended so that it is more clearly defined; repeatable and fair to both sides. He stated that there needs to be balance; but because Measure B was adopted by the voters, it cannot be amended except by another measure. He commented that the advantage of repealing Measure B and adopting something in its place, is that it can be refined if necessary. He stated that he believes that Measure B was a reaction to a situation where it was believed that a view was being created, which he agrees should not be allowed, but it is not easily applied and enforced. He stated that there needs Minutes City Council Meeting 05-09-16 DRAFT to be balance between trees and views and in order to achieve that balance, Measure B needs to be repealed so that the City can work with the community to get to where the community wants to be in this matter. Councilmember Mirsch thanked the audience for participating in the meeting and stated that she appreciates that people care. She stated that she doesn't see the City Council as view people or tree people but rather it is a matter of the City Council trying to do the right thing. She stated that having Measure B in place makes it difficult to apply the ordinance and having another measure to replace the existing ordinance as proposed by Mr. Colyear would continue that difficulty. She stated that there needs to be a trust factor and suggested that instead of placing another measure on the ballot, the groups should work together to craft something that works to be adopted by the City Council. Councilmember Wilson also thanked the audience for participating in this meeting and stated that he understands how this matter became so divisive. He stated that the current City Council has given a tremendous amount of attention to this matter and strives to find balance between trees and views. He reiterated the point as raised by Councilmembers Pieper and Mirsch that it is extremely difficult to deal with a measure because of the inherent inflexibility that comes with a measure. He suggested getting more resident input on this matter. Mayor Dieringer stated that her concerns are related to enforceability and cost; and she too believes that there should be a balance between trees and views. She suggested that a survey be sent to residents to gauge their thoughts on trees and views and to develop criteria to be used in view related matters. She stated that whatever regulations are put in place should be fair to most people and be balanced. She suggested using a mechanism to get the consensus of the community as to what is a balanced and fair ordinance. She stated that the objective is to make the standards more uniform and more evenly applicable and defined. In response to Councilmember Mirsch, Mr. Colyear stated that what was submitted in draft form by Dr. Gill is representative of what they are considering submitting as a measure but it needs further refining. He suggested a meeting be held between the two groups to determine if there is a way to move forward. Councilmember Mirsch commented that she too feels that it may be beneficial to work together rather than putting another measure on the ballot. Following further discussion and public comment with regard to how to best proceed, Councilmember Pieper moved that the City Council appoint Councilmembers Mirsch and Pieper to an ad hoc committee to further consider this matter and to meet with the crafters/revisionists of Measure B. Councilmember Mirsch seconded the motion, which carried without objection. NEW BUSINESS None. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS CONSIDERATION OF A RECOMMENDATION FROM THE PERSONNEL COMMITTEE FOR AN APPOINTMENT TO THE TRAFFIC COMMISSION. Minutes City Council Meeting 05-09-16 DRAFT Mayor Dieringer introduced the item and asked for a report from the Personnel Committee. Councilmember Mirsch stated that Personnel Committee met to consider the candidates for the Traffic Commission vacancy and recommends that Charlie Raine be appointed to server the remainder of the vacant term. She further stated that the City was fortunate to have two good candidates and it was hard to choose between the two. Councilmember Wilson moved that the City Council approve the Personnel Committee's recommendation to appoint Charlie Raine to serve on the Rolling Hills Traffic Commission for the remainder of the unexpired term. Councilmember Pieper seconded the motion, which carried without objection. DISCUSSION CONCERNING THE UTILIZATION OF A CABALLEROS REPRESENTATIVE TO BE A VOLUNTARY CONSULTANT TO RESIDENTS WHEN CONSTRUCTING NEW AND REMODELING OLD BARNS. (ORAL ONLY) Councilmember Pieper suggested that the City Council ask Caballeros to provide a representative to give input to residents when constructing stables. Following brief discussion the City Council asked Councilmember Mirsch, as the liaison to Caballeros, to discuss this matter with Caballeros to suggest that they develop a handout regarding effective stable design for property owners to use as a reference when developing/designing a stable. Councilmember Wilson asked for clarification on the City's travel/reimbursement policy and suggested that the matter be agendized for future discussion. City Manager Cruz stated that this matter will be discussed by the Finance/Budget/Audit Committee at the next Committee meeting and will be brought to the City Council as a part of the budget deliberation. CLOSED SESSION None. ADJOURNMENT Hearing no further business before the City Council, Mayor Dieringer adjourned the meeting al 9:26 p.m. to an adjourned regular meeting of the City Council scheduled to be held on Monday, May 23, 2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce City Clerk Approved, Minutes City Council Meeting 05-09-16 DRAFT Bea Dieringer Mayor Minutes City Council Meeting 05-09-16 al ReIleof qe,e4 INCORPORATED JANUARY 24, 1957 AGENDA ADJOURNED REGULAR MEETING NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS MONDAY, MAY 9, 2016 7:00 P.M. Next Resolution No. 1184 Next Ordnance No. 347 1. CALL TO ORDER 2. ROLL CALL 3. OPEN AGENDA - PUBLIC COMMENT WELCOME This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4. CONSENT CALENDAR Matters which may he 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 April 25, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Allied Recycling Tonnage Report for March, 2016. RECOMMENDATION: Receive and file. D. Consideration of Providing Authorization to Change Insurance Brokerage Firms and Some Providers for Dental, Vision, Life and Long-term Disability Insurance. RECOMMENDATION: Approve as presented. 5. COMMISSION ITEMS A. RESOLUTION NO. 2016-09. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO CONSTRUCT AN ADDITION TO THE RESIDENCE, AND VARIANCES TO ENCROACH WITH A PORTION OF THE ADDITION UP TO 10 FEET INTO THE FRONT YARD SETBACK AND TO RETAIN A SHED IN SIDE SETBACK IN ZONING CASE NO. 898 AT 46 EASTFIELD DRIVE, (LOT 97-EF), ROLLING HILLS, CA (MILLER). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301, CLASS 1 EXEMPTION GUIDELINES. Page 1 of 2 6. PUBLIC HEARINGS NONE. 7. OLD BUSINESS A. DISCUSSION AND PUBLIC FORUM ON A POSSIBLE BALLOT MEASURE TO REPEAL OR AMEND MEASURE B RELATING TO VIEW PRESERVATION. 8. NEW BUSINESS NONE. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS A. CONSIDERATION OF A RECOMMENDATION FROM THE PERSONNEL COMMITTEE FOR AN APPOINTMENT TO THE TRAFFIC COMMISSION. B. DISCUSSION CONCERNING THE UTILIZATION OF A CABALLEROS REPRESENTATIVE TO BE A VOLUNTARY CONSULTANT TO RESIDENTS WHEN CONSTRUCTING NEW AND REMODELING OLD BARNS. (ORAL ONLY) 10. MATTERS FROM STAFF A. CONSIDERATION OF PURCHASING CERTIFICATES OF DEPOSIT FROM PREFERRED BANK AND US BANK. 11. PUBLIC COMMENT ON CLOSED SESSION ITEMS NONE. 12. CLOSED SESSION NONE. 13. RETURN TO OPEN SESSION NONE. 14. ADJOURNMENT Next meeting: Monday, May 23, 2016 at 7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the Deputy City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. City Council Agenda 05/09/16 Page 2 of 2 7 DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, APRIL 25, 2016 CALL TO ORDER Agenda Item No. 4-A Meeting Date: 05/09/16 An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Dieringer at 7:03 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Mirsch, Pieper, Wilson and Mayor Dieringer. Councilmembers Absent: None. Others Present: Raymond R. Cruz, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Terry Shea, Finance Director. Jim Walker, Finance Consultant. Beate Kirmse, 2 Chuckwagon Road. John Nunn, 1 Crest Road West. Mike and Marcia Schoettle, 24 Eastfield Drive. Paul Mayhack, 52 Eastfield Drive. Mike Baumann, 25 Eastfield Drive. Dan Nguyen, 5 Buggy Whip Drive. Raghu Mendu, 1 Reata Lane. Howard Weinberg, Attorney Diana Nuccion, 18 Portuguese Bend Road. Hal Light, Attorney. Ruben Green, Consulting Arborist. Tina Greenberg, 32 Portuguese Bend Road. Geraldine Belleville, 12 Crest Road East. Jim Aichele, 14 Crest Road West. OPEN AGENDA - PUBLIC COMMENT WELCOME None. CONSENT CALENDAR DRAFT ♦ 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 April 11, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of March, 2016. RECOMMENDATION: Approve as presented. D. Consideration of approval of City employee compensation adjustments for the Administrative Assistant, City Clerk/Executive Assistant and Planning Director. RECOMMENDATION: Approve as presented. E. City Council Fire Fuel Reduction Ad Hoc Committee meeting notes of March 31, 2016 RECOMMENDATION: Receive and file. Councilmember Wilson moved that the City Council approve the items on the consent calendar as presented. Councilmember Pieper seconded the motion, which carried without objection. PRESENTATION Supervisor Don Knabe County of Los Angeles — Board of Supervisors — Fourth District Supervisor Knabe addressed the City Council to express his appreciation to the City Council and the residents for their support during his 20 years as 4th District Supervisor. Mayor Dieringer presented a Certificate of Commendation to Supervisor Knabe in recognition of his dedication and commitment to the citizens of the County during his term as Supervisor. Mayor Dieringer suggested taking the items listed under Matters from Staff out of order recognizing that they would likely be brief matters. Hearing no objection, she so ordered. COMMISSION ITEMS None. MATTERS FROM STAFF QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING MARCH 31, 2016. Finance Director Shea presented the investment report for the quarter ending March 31, 2016. He stated that rates are higher than last year at .44% and active deposits are up approximately $333,000. He noted that the Ca1PERS CERBT investment earnings are also up slightly. Mayor Pro Tem Black moved that the City Council receive and file the investment report for the quarter ending March 31, 2016 as presented. Councilmember Pieper seconded the motion, which carried without objection. Minutes City Council Meeting 04-25-16 DRAFT FY 2016/2017 BUDGET PREPARATION DOCUMENTS 1) FY 2015/2016 YEAR-END REVENUE AND EXPENDITURE PROJECTIONS 2) FY 2015/2016 YEAR-END PROJECTIONS BUDGET ADJUSTMENTS 3) FY 2016/2017 CONSUMER PRICE INDEX (CPI) ADJUSTMENT FOR BUDGET AND SOLID WASTE COLLECTION SERVICES Jim Walker, Budget Consultant presented the staff report containing the 2016/17 budget preparation documents including the year-end revenue and expenditure projections, the proposed CPI increase for budget preparation and solid waste collection services; and the year-end budget adjustments. Following brief discussion, Mayor Pro Tem moved that the City Council receive and file the budget preparation documents as presented. Councilmember Pieper seconded the motion, which carried without objection. CONSIDERATION AND APPROVAL OF THE CITY OF ROLLING HILLS INVESTMENT POLICY; FINANCIAL, BUDGET AND DEBT POLICIES; FUND BALANCE POLICY; AND RESOLUTION NO. 953 — ASSET CAPITALIZATION POLICY. Finance Director Shea presented the staff report pertaining to the City's financial policies. He stated that staff recommends that Treasury Direct Funds be removed from investment policy because those funds are not available; and with regard to the Finance, Budget and Debt Policy, that the policy be changed to eliminate submitting the City's annual budget to the Government Finance Officers Association (GFOA) every other year and to submit the Comprehensive Annual Financial Report (CAFR) annually instead of every other year. Discussion ensued concerning the merits of submitting the CAFR to the GFOA for the annual award. Following brief discussion, Mayor Pro Tem Black moved that the City Council amend the financial, budget and debt policy to eliminate sending the Budget and CAFR to the GFOA for recognition. Councilmember Pieper seconded the motion, which carried without objection. Councilmember Pieper moved that the City Council approve the investment policy as amended to eliminate Treasury Direct accounts; approve the fmancial, budget and debt policies as amended to eliminate sending the CAFR to the GFOA annually for recognition; and to approve the fund balance policy and asset capitalization policy as presented with no changes. Mayor Pro Tem Black seconded the motion, which carried without objection. Recognizing that there were members of the community present to address the City Council regarding the items listed under New Business relating to the public forum on a possible ballot measure to repeal or amend Measure B, Mayor Dieringer suggested taking that matter out of order as well. Hearing no objection, she so ordered. NEW BUSINESS DISCUSSION AND PUBLIC FORUM ON A POSSIBLE BALLOT MEASURE TO REPEAL OR AMEND MEASURE B RELATING TO VIEW PRESERVATION. Mayor Dieringer introduced the item and asked for staff's introductory remarks. Planning Director Schwartz stated that there are two additional correspondence received after the agenda packet was Minutes City Council Meeting 04-25-16 DRAFT prepared and they have been placed on the dais and made available for the public. She stated that one correspondence is from Lynn Gill proposing amended language for the View Preservation Ordinance. She further reviewed the background on this matter stating that this matter was agendized at the direction of the City Council to receive resident input relative to how they feel about Measure B — what is good about it and what needs revision. Mayor Dieringer called for public comments on this matter. Beate Kirmse, 2 Chuckwagon Road addressed the City Council to ask what problems need to be addressed. She stated that in order to fix it, residents need to know what the problems are. In response, Mayor Dieringer stated that the information is available on the City's web site and reviewed the City Council's previous discussions on this matter. Councilmember Pieper further explained the background on the issue. Ms. Kirmse suggested that the City should have publicized this matter better. She stated that she does not believe trees should be cut to improve views. John Nunn, 1 Crest Road West addressed the City Council stating that he does not believe the original ordinance is balanced. He stated that the ordinance should include mandatory arbitration. He further stated that the current ordinance favors the view seeker and Measure B has restored a certain amount of fairness and is more balanced. Mike Schoettle, 24 Eastfield Drive addressed the City Council stating the City should not be involved in the legal issues regarding view matters but rather the City should fund arbitration between the parties and not take a side in the matter. Marcia Schoettle, 24 Eastfield Drive addressed the City Council to take responsibility for Measure B and stated it was not her intent to cause ambiguity — she was simply trying to save trees. She stated that the City should be fair in this matter and not take a side. Paul Mayhack, 52 Eastfield Drive addressed the City Council stating that his issue isn't with existing trees, but rather new trees that are planted and allowed to grow into the view. Mike Baumann, 25 Eastfield Drive addressed the City Council stating that his concern is with regard to the maturity issue. He stated that if the view existed and has been maintained mature trees should not be exempted from trimming. Dan Nguyen, 5 Buggy Whip Drive addressed the City Council stating that the City should be involved in the process and there needs to be clear, balanced defmitions for everyone to follow. Raghu Mendu, 1 Reata Lane addressed the City Council stating that there should be balance between trees and views, but Measure B shifted the balance too far toward trees. He suggested that Measure B be repealed and rewritten. Howard Weinberg, Attorney addressed the City Council on behalf of the Occhipinti Family (Crest Road East). He stated that they way Measure B is written, it will slowly take views away completely and suggested that measure be placed on the ballot to undo Measure B and puts something in place to more precisely defines what a view is and what is allowed with regard to corridors. He suggested creating Minutes City Council Meeting 04-25-16 0 DRAFT incentives for neighbors to work together. He further suggested there be specific measures in place to determine what view existed. Following public comment, the public forum on this matter was continued to the next City Council meeting scheduled for Monday, May 9, 2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Councilmember Mirsch moved that the City Council direct staff to place signs at the gates informing residents of the May 9th public forum on this matter. Councilmember Pieper seconded the motion, which carried without objection. PUBLIC HEARINGS CONTINUED PUBLIC HEARING FOR CONSIDERATION OF TWO APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CTV SETTING FORTH FINDINGS RELATING TO TRIMMING OF TREES AT 15 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT FROM 18 PORTUGUESE BEND ROAD. LOCATION OF TREES: 15 PORTUGUESE BEND ROAD PROPERTY OWNER: MR. AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz presented the staff report and background on this matter. She stated that the first public hearing on this matter was held on November 23, 2015 and the City Council visited the properties on March 21, 2016. She stated that at the field trip, the City Council determined that the Nuccions had a view from the designated viewing area as defined by the Zoning Ordinance and that the trees on the Hassoldt property do obstruct the view. She stated that today, the City Council will continue the public hearing, take public testimony and consider the information received. She further reviewed the information received including an aerial photograph and list of trees submitted by the Nuccions as requested by the City Council at the November meeting; a certification from Brandon Gill, Arborist regarding the measurement of the trees on the Hassoldt property submitted by the Nuccions today; a correspondence from Hal Light submitted on behalf of the Hassoldts containing aerial photographs of the area; a declaration from a Registered Consulting Arborist regarding the maturity issue submitted by Mr. Light; and a correspondence from Mr. Weinberg providing tree measurements and calculation extrapolating the age of the trees and height in 2010 based on the definition of mature previously adopted by the City Council. Ms. Schwartz stated that based on the appeals, the City Council should determine if the Nuccions established by clear and convincing evidence that the view existed in 2009 when they acquired the property; is the view obstructed now; and were the trees mature in 2009. She stated the once those matters are determined, if applicable, the City Council should structure any restorative action in such a way to provide view corridors not a panoramic view. In response to Mayor Pro Tem Black, Planning Director Schwartz reviewed the points on appeal which include: Minutes City Council Meeting 04-25-16 0 DRAFT The appeal by Mr. and Mrs. Hassoldt (tree owners) has been filed on the basis that: • The Nuccions have not established, by clear and convincing evidence or at all, the existence of a protected view over Number 15 (15 Portuguese Bend Road); • Each of the trees subject to the complaint are exempt because they were mature on April 22, 2009 (when the Nuccions acquired the property); • Other various bases for the appeal. o The Hassoldts were not properly noticed of the view complaint case filed by the Nuccions o The View Ordinance fails to provide procedure to require service of view complaint o Upholding the CTV resolution would be in excess of the jurisdiction of the City o The remediation actions will provide an unobstructed view and not "view corridors" to the Nuccions o No view existed when the Nuccions acquired the property and therefore the decision of the CTV is unlawful o The Nuccions have failed to establish by "clear and convincing evidence" that they had a view when they purchased the property and that the trees were not mature when they acquired the property. The appeal by Dr. and Mrs. Nuccion (complainants) has been filed on the basis that: • The Committee erred in its decision that the two Olive trees subject to the complaint were mature when the Nuccions purchased the property, and are therefore not eligible for remediation; and • The Committee abused its discretion by rejecting one arborist report that concluded that the Olive trees were not mature and accepting another arborist report that concluded that the Olive trees were mature; and that the decision of the Committee to render those trees mature is not supported by substantial evidence. In response to Mayor Dieringer regarding the second point in the Nuccion appeal, Mr. Weinberg stated that when the Committee came to its conclusion with regard to the issue of the maturity of the Olive trees was based on a feeling that the trees were mature; but since that time, the City Council adopted Resolution 1182 which provides guidelines as to how maturity is determined. He further stated that in using those guidelines to determine maturity of the Olive tree specifically, it was found during the photographic analysis that the trees were actually taller than the maximum height provided for in the definition, which indicates that the threshold needs to have flexibility. He suggested that the City Council could use its discretion to determine that the Olive trees may not be mature. In response to Mayor Dieringer, City Attorney Jenkins suggested that this would be the appropriate time to call for comments from the appellants in this matter; then hear from the public on the matter after which time the appellants could offer any rebuttal comments and then the City Council could engage in deliberation in the matter and ask for clarification from the parties where necessary. He further stated in response to Mayor Dieringer that if the City Council wishes to remand this case back to the Committee on Trees and Views to review based on the newly adopted standards, it would be appropriate to make that motion now, but the City Council is not obligated to do so. In response to Mayor Dieringer, Planning Director Schwartz stated that staff has no knowledge as to the Minutes City Council Meeting 04-25-16 0 DRAFT accuracy of the tree height projections submitted by the Nuccions. Mayor Dieringer called. for public comment. Diana Nuccion, 18 Portuguese Bend Road addressed the City Council stating that when they purchased their property in 2009 it was in a state of disarray and abandoned and they did not take photographs at that time because they were focused on finishing the house not documenting the view because Measure B did not exist at that time. She stated that the photographs she submitted as evidence of the view were taken after they moved into the house. Howard Weinberg, Attorney, addressed the City Council on behalf of the Nuccions to further explain the information that was submitted with regard the tree height projections as they relate to the maturity of the trees. He stated that based on this evidence, the two Olive trees may be considered mature, but none of the other trees were mature in 2009. He stated that in their opinion, the City Council has received the evidence it needs to conclude that there was a view, that the trees impede that view, that the impairment should be remediated and that the trees were not mature with the exception of possibly the two Olive trees. Discussion ensued concerning the information that was submitted with regard to the tree height projections as they relate to the maturity of the trees. Mr. Weinberg reiterated his point that the City Council could use its discretion to determine that the Olive trees may not be mature based on the analysis presented. In response to Mayor Dieringer regarding the 2010 photographs submitted, Mr. Weinberg stated that with respect to the height of the trees in 2010, the Nuccions provided testimony that when they purchased the house, they owned it or lived there for a year before they took those photographs and no trees were cut between the time they bought the house and the time these photographs were taken. Further discussion ensued concerning the burden of proof related to the existence of the view and the maturity issue Hal Light, Attorney addressed the City Council on behalf of the Hassoldts stating that the burden of proof is for the applicant to provide clear and convincing evidence as to whether or not there was a view when they acquired the property. He further explained the details of their appeal stating that they assert that the Nuccions have not presented clear and convincing evidence that the view existed in 2009 when they acquired the property. He further explained the Google Earth images that were submitted as evidence that it was likely that the trees were topped in 2010 although the Nuccions testified that the trees were not trimmed until 2011. Mr. Light further pointed out that they believe there is a discrepancy as to the date the photographs submitted as evidence the view existed in 2010 were taken. Mayor Pro Tem Black commented that when the previous City Council heard testimony related to the issues surrounding the undergrounding of the utility lines on the property (in the late 2000's), there were several reference made at that time to the property having a panoramic view and he observed the view as it existed. With regard to the maturity issue, Mr. Light stated that their arborist is present to address the City Council and answer questions. Mr. Light further explained the 1954 aerial photograph submitted which shows a ring of trees on the property at 15 Portuguese Bend Road stating that he believes the process whereby maturity is determined is flawed. Ruben Green, Registered Consulting Arborist addressed the City Council stating that it is not a standard practice to determine tree maturity solely based on a percentage of a maximum height and spread. He stated that factors need to be considered including the trees age, the climate, the specie and the condition Minutes City Council Meeting 04-25-16 DRAFT of the tree. Discussion ensued concerning possible ways to determine maturity. Mayor Dieringer called for public comment. Tina Greenberg, 32 Portuguese Bend Road addressed the City Council to ask if it would be possible for the City to not make a decision if there is not enough evidence. She further suggested in the future using age as a determination of maturity and that the City encourage residents to document their views. Beate Kirmse, 2 Chuckwagon Road addressed the City Council to suggest that there should be photographic evidence of the view from 2009. Geraldine Bellville, 12 Crest Road East addressed the City Council to suggest that there should be a timeline on view cases and that more research be done with regard to the maturity issue. Jim Aichele, 14 Crest Road West addressed the City Council stating that the View Ordinance has always favored views and serves to divide the City. He suggested the City should not be involved in view issues. Mayor Dieringer called for rebuttal comments. Mr. Light stated that the photo of the view submitted by the Nuccions as evidence from July 2010 appears, based on the metadata in the photograph, to actually have been taken in July 2011. He asked that Mr. Weinberg address this issue. He suggested that the photos are the same photograph. Mr. Light reasserted their position that the Nuccions have not submitted clear and convincing evidence that the view existed when they acquired the property in April 2009. Mr. Weinberg stated that the photos may have been taken around the same time, but they are not the same photograph. He stated that all of the photographs submitted as prior photographs. show that there was a view previously. He stated that the City Council has been provided with photographic evidence and testimony from the Nuccions that they had a view. Hearing no further public comment, Mayor Dieringer closed the public hearing. In response to Mrs. Belleville's inquiry, City Attorney Jenkins stated that an application has been made under the ordinance and the applicant is entitled to a decision. He stated that the City Council's decision should be based on the evidence that has been presented and what is in the record of the proceedings. He further reviewed the matters before the City Council. In response to Mayor Pro Tem Black regarding previous public testimony and personal experience during an unrelated matter asserting that property had a panoramic view, City Attorney Jenkins stated that absent definitive answers as to exactly when the testimony was given and when the view was seen, the City Council has to determine how much weight can be given to that evidence and its relevance to this proceeding. City Attorney Jenkins stated that the City Council may wish to focus on the evidence included in the packet and heard tonight. In response to Mayor Dieringer, City Attorney Jenkins stated that it is not unusual for land use decision - making bodies to not require testimony to be made under oath. He further explained the burden of proof Minutes City Council Meeting 04-25-16 DRAFT requirements as they apply to the ordinance and Measure B specifically. Discussion ensued concerning the burden of proof with regard the maturity issue. City Attorney Jenkins stated that as he interprets Measure B, the clear and convincing evidence standard does not apply to mature vs. maturing. Discussion ensued concerning the issue of mature vs. maturing and whether or not the applicant has submitted evidence that the view existed in 2009 when they acquired the property. Following discussion, consideration of the evidence presented and deliberation, the following motions were made: Councilmember Mirsch moved that the City Council find, based on the evidence, that the applicant had a view when they acquired the property. Councilmember Pieper seconded the motion. Following discussion, the motion carried with Mayor Dieringer opposed. Councilmember Pieper moved that the City Council find, based on the evidence, that two Olive trees under consideration were mature when the Nuccions acquired the property and thus, exempt from remediation; that the remainder of the trees under consideration were not mature when the Nuccions acquired the property and further setting forth the restorative actions to abate the view impairment as determined by the Committee on Trees and Views. Councilmember Wilson seconded the motion. Following discussion, the motion carried with Mayor Dieringer opposed. Councilmember Pieper moved that the City Council direct staff to prepare a Resolution denying both appeals. Mayor Pro Tem Black seconded the motion, which carried with Mayor Dieringer opposed. OLD BUSINESS None. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS Mayor Pro Tem Black suggested that in order to help residents understand the evolution of the tree and view issues, that staff be directed to prepare a poster showing the facts regarding the cases considered under the old view ordinance and the new one. Following brief discussion, staff was directed to prepare the poster. He further.suggested that the City Council consider having a discussion in the future regarding placing a height limit on newly planted trees. CLOSED SESSION None. ADJOURNMENT Hearing no further business before the City Council, Mayor Dieringer adjourned the meeting at 11:12 p.m. to an adjourned regular meeting of the City Council scheduled to be held on Monday, May 9, 2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Minutes City Council Meeting 04-25-16 DRAFT Respectfully submitted, Heidi Luce City Clerk Approved, Bea Dieringer Mayor Minutes City Council Meeting 04-25-16 84 al Raf&if ge& INCORPORATED JANUARY 24, 1957 AGENDA ADJOURNED REGULAR MEETING NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS MONDAY, APRIL 25, 2016 7:00 P.M. Next Resolution No. 1184 1. CALL TO ORDER 2. ROLL CALL 3. OPEN AGENDA - PUBLIC COMMENT WELCOME Next Ordnance No. 347 This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4. 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 - Regular Meeting of April 11, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of March, 2016. RECOMMENDATION: Approve as presented. D. Consideration of approval of City employee compensation adjustments for the Administrative Assistant, City Clerk/Executive Assistant and Planning Director. RECOMMENDATION: Approve as presented. E. City Council Fire Fuel Reduction Ad Hoc Committee meeting notes of March 31, 2016 RECOMMENDATION: Receive and file. PRESENTATION Supervisor Don Knabe County of Los Angeles — Board of Supervisors — Fourth District 5. COMMISSION ITEMS NONE. Page 1 of 3 6. PUBLIC HEARINGS A. CONTINUED PUBLIC HEARING FOR CONSIDERATION OF TWO APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CTV SETTING FORTH FINDINGS RELATING TO TRIMMING OF TREES AT 15 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT FROM 18 PORTUGUESE BEND ROAD. LOCATION OF TREES: 15 PORTUGUESE BEND ROAD PROPERTY OWNER: MR. AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD 7. OLD BUSINESS NONE. 8. NEW BUSINESS A. DISCUSSION AND PUBLIC FORUM ON A POSSIBLE BALLOT MEASURE TO REPEAL OR AMEND MEASURE B RELATING TO VIEW PRESERVATION. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS 10. MATTERS FROM STAFF A. QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING MARCH 31, 2016. B. FY 2016/2017 BUDGET PREPARATION DOCUMENTS 1) FY 2015/2016 YEAR-END REVENUE AND EXPENDITURE PROJECTIONS 2) FY 2015/2016 YEAR-END PROJECTIONS BUDGET ADJUSTMENTS 3) FY 2016/2017 CONSUMER PRICE INDEX (CPI) ADJUSTMENT FOR BUDGET AND SOLID WASTE COLLECTION SERVICES C. CONSIDERATION AND APPROVAL OF THE CITY OF ROLLING HILLS INVESTMENT POLICY; FINANCIAL, BUDGET AND DEBT POLICIES; FUND BALANCE POLICY; AND RESOLUTION NO. 953 — ASSET CAPITALIZATION POLICY. 11. CLOSED SESSION NONE. City Council Agenda 04/25/16 Page 2 of 3 12. ADJOURNMENT Next meeting: Monday, May 9, 2016 at 7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the Deputy City Clerk at (310) 377- 1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. City Council Agenda 04/25/16 Page 3 of 3 DRAFT Agenda Item No. 4-A Meeting Date: 04/25/16 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, APRIL 11, 2016 CALL TO ORDER An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Dieringer at 7:02 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Mirsch, Pieper, Wilson and Mayor Dieringer. Councilmembers Absent: None. Others Present: Raymond R. Cruz, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Terry Shea, Finance Director. Charles Ramdsell, 8 Williamsburg Lane. OPEN AGENDA - PUBLIC COMMENT WELCOME None. 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 - Regular Meeting of March 28, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. City Council Finance/Budget/Audit Committee meeting notes of March 28, 2016 RECOMMENDATION: Receive and file. D. Consideration of the 2016-2017 City Council Committee Assignments. RECOMMENDATION: Approve as presented. E. RESOLUTION NO. 1183 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AFFIRMING THE DECISION OF THE CITY MANAGER IN THE OSTRIKER/CHAISSON AGGRESSIVE ANIMAL CASE ORDERING THE DRAFT CONFINEMENT OF AZUL TO THE OWNERS' PROPERTY AND MODIFYING THE DECISION BY ALLOWING THE OWNER TO WALK AZUL WITHOUT A LEASH UNDER SPECIFIED CIRCUMSTANCES. RECOMMENDATION: Adopt as presented. CONSENT ITEMS FROM THE TRAFFIC COMMISSION: F. Consideration of a recommendation from the Traffic Commission to install "ALL WAY" plaques below the existing "STOP" signs at the intersection of Eastfield Drive and Hackamore Road. RECOMMENDATION: Approve as presented. Councilmember Pieper asked that Item 4D Consideration of the 2016-2017 City Council Committee Assignments be removed from the consent calendar for individual consideration. Hearing no objection, Mayor Dieringer so ordered. Councilmember Pieper moved that the City Council approve the remaining items on the consent calendar as presented. Mayor Pro Tem Black seconded the motion, which carried without objection. Consideration of the 2016-2017 City Council Committee Assignments. Councilmember Pieper moved that the City Council add an ad hoc committee to address stormwater related issues and further appoint Mayor Pro Tem Black and himself to that committee. Mayor Pro Tem Black seconded the motion, which carried without objection. Councilmember Pieper further moved that the City Council amend the proposed committee assignments to place Councilmembers Mirsch and Pieper on the Personnel Committee instead of Mayor Dieringer and Councilmember Mirsch. Mayor Pro Tem Black seconded the motion. Following lengthy discussion, Councilmember Pieper called the question. Mayor Pro Tem Black seconded the motion to call the question, which carried with Mayor Dieringer opposed. Councilmember Pieper's motion to amend the proposed committee assignments to place Councilmembers Mirsch and Pieper on the Personnel Committee carried with Councilmember Mirsch and Mayor Dieringer opposed. Following further discussion, Mayor Dieringer moved that the City Council amend the proposed committee assignments to place Councilmember Mirsch on the Finance Committee instead of Councilmember Pieper. Councilmember Pieper seconded the motion, which carried without objection. Councilmember Pieper moved that the City Council approve the remaining committee assignments as presented. Mayor Pro Tem Black seconded the motion, which carried without objection. COMMISSION ITEMS RESOLUTION NO. 2016-05. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE WITH TWO GARAGES, COVERED PORCHES, A SWIMMING POOL/SPA, KOI POND, KOI POND GAZEBO, VARIOUS HEIGHTS BUT NOT TO EXCEED 5' HIGH RETAINING WALLS AND OTHER MISCELLANEOUS ACCESSORY STRUCTURES; AND VARIANCE TO ENCROACH WITH Minutes City Council Meeting 04-11-16 DRAFT A PORTION OF THE NEW RESIDENCE AND COVERED PORCHES INTO THE SIDE YARD SETBACK AT 77 CREST ROAD EAST, (LOT 69 -Al -MS), (JANKOVICH). Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request to construct a new residence and various other structures in Zoning Case No. 897 at 77 Crest Road East. She reviewed the history on this property stating that the lot is 10 acres is size as the result of two lots being combined previously and the applicant also received previous approval to construct a stable and corral on the combined lot. She further reviewed the applicant's request stating that the residence is proposed at 6,631 sq. ft. with two, two car garages for a total of 1,308 sq. ft. to be located on each side of the house. She stated that applicant also proposes a swimming pool and covered porches as well as a koi pond and gazebo. She stated that the applicant is also requesting a variance for a portion of the new residence and porch to encroach into the sideyard set back in a situation where the existing house currently also encroaches into the setback. She further reviewed the details of the applicant's request and stated that the development standards are within the Zoning Code requirements. She stated that the Planning Commission approved the applicant's request including the variance given the impact on the grading if it were to be moved out of the setback. Mayor Dieringer questioned the need for the variance and suggested that the house could be expanded on the other side without getting into the slope. In response to Mayor Pro Tem Black as to why the applicant is proposing a biofiltration system, Planning Director Schwartz stated it is a requirement of the City's Low Impact Development Ordinance that was adopted as a result of State requirements regarding storm water management. Brief discussion ensued concerning the encroachment. Following discussion, Councilmember Mirsch moved that the City Council receive and file Planning Commission Resolution No. 2016-05 granting approval of the applicant's request in Zoning Case No. 897 at 77 Crest Road East. Mayor Pro Tem Black seconded the motion, which with Mayor Dieringer opposed. RESOLUTION NO. 2016-06. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT, SITE PLAN REVIEW AND VARIANCES FOR A NEW CABANA, GRADING, ABOVE GRADE DECK, RETAINING WALLS, POOL AND RELATED STRUCTURES AND FOR ENCROACHMENT WITH A PORTION OF THE RAISED DECK, WALLS, POOL EQUIPMENT AREA AND FIRE PLACE INTO THE REAR YARD SETBACK; TO RETAIN TWO EXISTING SHEDS, PORTION OF TRELLIS AND BARBEQUE IN THE REAR YARD SETBACK; TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE AND TOTAL COVERAGE OF THE LOT AND TO SET ASIDE AN AREA FOR A FUTURE STABLE AND CORRAL IN THE FRONT YARD AREA OF THE LOT IN ZONING CASE NO. 893 AT 66 EASTFIELD DRIVE, (LOT 107-EF), (THOMAS). Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request to construct a cabana, pool, above grade deck and various other structures in Zoning Case No. 893 at 66 Eastfield Drive. She stated that the applicant is further requesting variances to locate some of the structures in the setback and reviewed the variances being requested. She stated that the Planning Commission approved the applicant's request with a condition that there be no further development without Planning Commission review. Councilmember Mirsch stated for the record that she was present at the site visit and at the first Planning Commission hearing on this matter. Minutes City Council Meeting 04-11-16 1 DRAFT In response to Mayor Dieringer regarding the need expressed for the variances, Planning Director Schwartz stated that the justification was that the only other location where the structures could be located would be in the front which would also require a Variance and the Planning Commission felt that the proposed location was a better option. Mayor Dieringer expressed concern regarding the variances being requested and the as built structures. Following brief discussion, Mayor Pro Tem Black moved that the City Council receive and file Planning Commission Resolution No. 2016-06 granting approval of the applicant's request in Zoning Case No. 893 at 66 Eastfield Drive. Councilmember Wilson seconded the motion, which carried with Mayor Dieringer opposed. RESOLUTION NO. 2016-07. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS AUTHORIZING A LOT LINE ADJUSTMENT OF TWO LOTS AT 11 SADDLEBACK ROAD (APN: 7569-004-022) AND THE VACANT LOT SOUTH THEREOF (APN: 7569-004-023) TO CREATE ONE LOT IN ZONING CASE NO. 896-A, LOT LINE ADJUSTMENT NO. 2015-02, (WARREN). AND RESOLUTION NO. 2016-08. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT, SITE PLAN REVIEW AND VARIANCES FOR GRADING AND CONSTRUCTION OF A DRESSAGE ARENA, STABLE WITH A LOFT AND CORRAL; A NEW RESIDENCE AND GARAGE, VARIOUS RETAINING WALLS, SWIMMING POOL AND RELATED PATIOS AND DECKS; TO LOCATE THE EQUESTRIAN FACILITIES IN THE FRONT YARD AREA OF THE LOT AND TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE IN ZONING CASE NO. 896 AT 11 SADDLEBACK ROAD, (WARREN) Councilmember Pieper recused himself from consideration of these two items due to the proximity of his property to the subject property and left the dais. Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request stating that this request is two applications for one project at 11 Saddleback Road. She stated that the first application is for a lot merger to combine two adjacent lots into one lot resulting in a lot 3.25 acres gross and 2.2 acres net after the roadway easements are deducted. She stated that Planning Commission Resolution No. 2016-07 approves the request to merge the lots. Mayor Pro Tem Black moved that the City Council receive and file Planning Commission Resolution No. 2016-07 granting approval of the applicant's request for a lot line adjustment in Zoning Case No. 896-A at 11 Saddleback Road. Councilmember Mirsch seconded the motion, which carried without objection. Planning Director Schwartz stated that the second application is to construct a new residence, garage, pool, stable, dressage arena and various other structures on the merged lot. She reviewed the applicant's request stating that the Planning Commission approved the request with certain conditions as shown in the resolution. She further reviewed the grading and development standards stating that that a large portion of the disturbance is for the dressage arena. Minutes City Council Meeting 04-11-16 i DRAFT Following brief discussion, Mayor Pro Tem Black moved that the City Council receive and file Planning Commission Resolution No. 2016-08 granting approval of the applicant's request in Zoning Case No. 896 at 11 Saddleback Road. Councilmember Mirsch seconded the motion, which carried without objection. Councilmember Pieper returned the dais. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS DISCUSSION CONCERNING THE FISCAL YEAR 2016-2017 BUDGET PRIORTIIES. Mayor Dieringer introduced the item and asked for staff's comments. City Manager Cruz reviewed the budget priorities identified by staff for the FY 2016-2017 which include: finalize the Update to the City's Hazard Mitigation Plan (State -mandated); Refurbish Tennis Courts and Common Area for ADA Compliance; Various Zoning Code Modifications; Investigate Fully Funding CalPERS Retirement Liability; City Hall ADA Compliance Project; Civic Center Landscaping/Hardscape Replacement Repair; 2017 Election; Identify City and Regional Storm Water Retention and Cleanup Projects; Financial System Upgrade; Initiate the Development of a Community Wildfire Protection Plan and Stage 2 of Shutter Installation at City Hall. Following brief discussion, Councilmember Wilson moved that the City Council receive and file the FY 2016-2017 budget priorities as presented. Councilmember Pieper seconded the motion, which carried without objection. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS CONSIDERATION OF AN APPROPRIATION FOR A PENINSULA CITIES AUTOMATED LICENSE PLATE RECOGNITION (ALPR) CAMERA PROJECT TO COMBAT CRIME IN THE REGION. Mayor Dieringer introduced the item and asked for staff's comments. City Manager Cruz presented the staff report stating that the Palos Verdes Peninsula Regional Law Enforcement Committee in an effort to combat crime in the area has recommended installing ALPR cameras throughout the region, including in Palos Verdes Estates; and has directed the City Managers to come up with the locations and a funding plan to be approved by each of the four City Councils. He stated that the recommendation is to install 45 cameras and provides funding formula to determine each city's proportionate share of the associated cost. He stated the there are proposed to be three cameras installed in Rolling Hills — one to capture vehicles coming in to the city through each of the three gates. He stated that this project was presented to the Minutes City Council Meeting 04-11-16 DRAFT RHCA Board of Directors last week since the cameras will be installed at their gatehouses and it was approved in concept. Following brief discussion, Councilmember Pieper moved that the City Council approve an appropriation in the amount of $44,319.01 for FY 15/16 and $1,108.08 per year for the next four years for participation in the Peninsula Cities Automated License Plate Recognition (ALPR) camera project to combat crime in the region. Mayor Pro Tem Black seconded the motion, which carried without objection. The City Manager was further directed to return with an agreement, in a form approved by the City Attorney, for the purchase and installation of Automated License Plate Recognition (ALPR) cameras with Vigilant Solutions in conjunction with the four Peninsula cities; and, to return with a Memorandum of Understanding (MOU) between the four Peninsula cities for the Peninsula Cities ALPR Camera Project. DISCUSSION REGARDING PURCHASING A FAUX SHERIFF SQUAD CAR TO SERVE AS A DETERRENT TO CRIME. (ORAL ONLY) Councilmember Pieper stated that he received a suggestion from a resident that the City purchase a faux sheriff squad car to serve as a deterrent to crime given that burglaries keep increasing. Councilmember Mirsch commented that she is not opposed to this concept, but it is her hope that once the Volunteers on Patrol program is up an running it would serve as a similar deterrent to crime and purchasing a faux squad car may not be necessary. Following brief discussion, the City Council decided to give the Volunteers on Patrol Program a chance to affect change before making another purchase. DISCUSSION AND CONSIDERATION OF PLACING A MEASURE ON THE MARCH 2017 BALLOT THAT WOULD AMEND MEASURE B. (ORAL ONLY) Councilmember Pieper suggested that the City Council have a discussion on a future City Council agenda to consider drafting a ballot measure to either repeal or amend Measure B so that residents have a more clear understanding of the City's view regulations. He stated that the goal is to have something reasonable and fair that balances both sides of the issue - trees and views. Following brief discussion, the City Council directed staff to agendize a discussion and public forum pertaining to drafting a ballot measure for the City Council meetings on April 25, 2016 and May 9, 2016. DISCUSSION REGARDING FUNDING AN AMERICANS WITH DISABILITIES ACT TRANSITION PLAN FOR CITY HALL AND CIVIC CENTER COMPLEX IN ORDER TO MAKE IT COMPLIANT WITH THE ACT. (ORAL ONLY) Mayor Dieringer stated that this item is regarding the American with Disabilities Act and making the City Center compliant. City Manager Cruz stated that this matter was identified as a priority for the FY 15/16 budget, but it hasn't yet been implemented. He stated that it was previously suggested that staff work with a resident who has knowledge in this area. He stated that the CJPIA also has resources for consultants that can help develop a transition plan. Following brief discussion, the City Council directed staff to contact Clint Patterson for assistance in developing a transition plan for ADA compliance. DISCUSSION CONCERNING DEVELOPING A PROCESS FOR RESPONDING TO CORRESPONDENCE RECEIVED FROM ROLLING HILLS RESIDENTS. (ORAL ONLY) Minutes City Council Meeting 04-11-16 J DRAFT Mayor Dieringer stated that this item was originally brought up by Councilmember Mirsch and she concurs that it would be a good idea to have a process for responding to resident correspondence or suggestions. In response to Councilmember Wilson, City Manager Cruz reviewed the City's current process for responding to resident correspondence and stated that most correspondence/inquires are responded to. Following discussion, the City Manager was directed to either respond to correspondence or forward to the City Council for consideration as appropriate. MATTERS FROM STAFF CONSIDERATION OF AN APPROPRIATION AMENDMENT FROM THE UTILITY FUND TO ASSIST EIGHT (8) WILLIAMSBURG LANE HOMEOWNERS IN PAYING FOR THE ENGINEERING DESIGN DEPOSIT ASSOCIATED WITH THE UNDERGROUNDING OF OVERHEAD UTILITIES. Mayor Dieringer introduced the item and asked for staff's comments. City Manager Cruz reviewed the background and history related to this potential undergrounding project stating that in 2015, the City Council allocated $29,500 toward this project. He stated that subsequent to that allocation, there was a meeting held with the property owners in the affected area and given limited interest in the project, the project was reduced in scope to only include the eight homes on the West side of the street and the utilities have submitted revised estimates for the engineering and design deposit requirement accordingly with the revised total being $19,335. Mayor Dieringer called for public comment. Charles Ramdsell, 8 Williamsburg Lane addressed the City Council regarding the project stating that he and his wife have been supportive of the project since the beginning but he is concerned that there is not consensus amongst the rest of the neighbors. He stated that he believes that the utilities should pay the cost of undergrounding given the scope of the undergrounding project on Blackwater Canyon Road. Councilmember Pieper explained the Blackwater Canyon Road project and further explained why that project doesn't include any undergrounding on Williamsburg Lane. Following discussion, Councilmember Pieper moved that the City Council appropriate 50% of the total cost of $19,335 to assist in paying for the engineering design cost associated with Williamsburg Lane undergrounding of overhead utilities project if RHCA does not contribute toward the project; or 33 1/3% if RHCA does contribute 33 1/3% to the project. Councilmember Mirsch seconded the motion, which carried without objection. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS (cont.) OTHER MATTERS FROM THE CITY COUNCIL Following discussion regarding the additional information that was request by Mayor Dieringer regarding the Planning Commission cases on this agenda, the City Council directed staff to investigate placing and storing the Planning Commission agenda packets in Dropbox using Dropbox Pro for the City Council's reference. Minutes City Council Meeting 04-11-16 DRAFT Mayor Dieringer expressed concern regarding the number of variances that are granted and stated that the City Council may need to review its policies with regard to development. Following discussion, the City Council directed staff to schedule a joint meeting with Planning Commission/City Council. In response to Mayor Dieringer regarding the view case that is currently under appeal, City Attorney Jenkins stated that he does not believe the City Council is obligated to remand the case back to the Committee on Trees and Views but it may do so if it chooses when the hearing is before the City Council. He further stated that parties may request a remand if they so desire. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. CLOSED SESSION Government Code §54957.6 Conference with Labor Negotiator City representative: Personnel Committee (Pieper and Dieringer) Unrepresented employees: Planning Director, City Clerk/Executive Assistant, Administrative Assistant, Associate Planner The City Council recessed into closed session at 9:43 p.m. to discuss the matter listed above. RETURN TO OPEN SESSION Mayor Dieringer called the meeting back to order in open session at 10:50 p.m. ANNOUNCEMENT OF ACTIONS FROM CLOSED SESSION (ORAL REPORT). ACTION: City Attorney Jenkins reported that during the closed session, the City Council discussed the matter listed on the closed session agenda and there was no reportable action but direction was given. ADJOURNMENT Hearing no further business before the City Council, Mayor Dieringer adjourned the meeting at 10:51 p.m. to an adjourned regular meeting of the City Council scheduled to be held on Monday, April 25, 2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce City Clerk Minutes City Council Meeting 04-11-16 -8- DRAFT Approved, Bea Dieringer Mayor Minutes City Council Meeting 04-11-16 al Re11409 qeek INCORPORATED JANUARY 24, 1957 AGENDA ADJOURNED REGULAR MEETING NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS MONDAY, APRIL 11, 2016 7:00 P.M. Next Resolution No. 1183 Next Ordnance No. 347 1. CALL TO ORDER 2. ROLL CALL 3. OPEN AGENDA - PUBLIC COMMENT WELCOME This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4. 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 - Regular Meeting of March 28, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. City Council Finance/Budget/Audit Committee meeting notes of March 28, 2016 RECOMMENDATION: Receive and file. D. Consideration of the 2016-2017 City Council Committee Assignments. RECOMMENDATION: Approve as presented. E. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AFFIRMING THE DECISION OF THE CITY MANAGER IN THE OSTRIKER/CHAISSON AGGRESSIVE ANIMAL CASE ORDERING THE CONFINEMENT OF AZUL TO THE OWNERS' PROPERTY AND MODIFYING THE DECISION BY ALLOWING THE OWNER TO WALK AZUL WITHOUT A LEASH UNDER SPECIFIED CIRCUMSTANCES. RECOMMENDATION: Adopt as presented. CONSENT ITEMS FROM THE TRAFFIC COMMISSION: F. Consideration of a recommendation from the Traffic Commission to install "ALL WAY" plaques below the existing "STOP" signs at the intersection of Eastfield Drive and Hackamore Road. RECOMMENDATION: Approve as presented. Page 1 of 4 5. COMMISSION ITEMS A. RESOLUTION NO. 2016-05. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE WITH TWO GARAGES, COVERED PORCHES, A SWIMMING POOL/SPA, KOI POND, KOI POND GAZEBO, VARIOUS HEIGHTS BUT NOT TO EXCEED 5' HIGH RETAINING WALLS AND OTHER MISCELLANEOUS ACCESSORY STRUCTURES; AND VARIANCE TO ENCROACH WITH A PORTION OF THE NEW RESIDENCE AND COVERED PORCHES INTO THE SIDE YARD SETBACK AT 77 CREST ROAD EAST, (LOT 69 -A1 -MS), (JANKOVICH). B. RESOLUTION NO. 2016-06. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT, SITE PLAN REVIEW AND VARIANCES FOR A NEW CABANA, GRADING, ABOVE GRADE DECK, RETAINING WALLS, POOL AND RELATED STRUCTURES AND FOR ENCROACHMENT WITH A PORTION OF THE RAISED DECK, WALLS, POOL EQUIPMENT AREA AND FIRE PLACE INTO THE REAR YARD SETBACK; TO RETAIN TWO EXISTING SHEDS, PORTION OF TRELLIS AND BARBEQUE IN THE REAR YARD SETBACK; TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE AND TOTAL COVERAGE OF THE LOT AND TO SET ASIDE AN AREA FOR A FUTURE STABLE AND CORRAL IN THE FRONT YARD AREA OF THE LOT IN ZONING CASE NO. 893 AT 66 EASTFIELD DRIVE, (LOT 107-EF), (THOMAS). C. (1.) RESOLUTION NO. 2016-07. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS AUTHORIZING A LOT LINE ADJUSTMENT OF TWO LOTS AT 11 SADDLEBACK ROAD (APN: 7569-004-022) AND THE VACANT LOT SOUTH THEREOF (APN: 7569-004-023) TO CREATE ONE LOT IN ZONING CASE NO. 896-A, LOT LINE ADJUSTMENT NO. 2015-02, (WARREN). (2.) RESOLUTION NO. 2016-08. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT, SITE PLAN REVIEW AND VARIANCES FOR GRADING AND CONSTRUCTION OF A DRESSAGE ARENA, STABLE WITH A LOFT AND CORRAL; A NEW RESIDENCE AND GARAGE, VARIOUS RETAINING WALLS, SWIMMING POOL AND RELATED PATIOS AND DECKS; TO LOCATE THE EQUESTRIAN FACILITIES IN THE FRONT YARD AREA OF THE LOT AND TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE IN ZONING CASE NO. 896 AT 11 SADDLEBACK ROAD, (WARREN) 6. PUBLIC HEARINGS NONE. City Council Agenda 04/11/16 Page 2 of 4 7. OLD BUSINESS NONE. 8. NEW BUSINESS A. DISCUSSION CONCERNING THE FISCAL YEAR 2016-2017 BUDGET PRIORTIIES. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS A. CONSIDERATION OF AN APPROPRIATION FOR A PENINSULA CITIES AUTOMATED LICENSE PLATE RECOGNITION (ALPR) CAMERA PROJECT TO COMBAT CRIME IN THE REGION. B. DISCUSSION REGARDING PURCHASING A FAUX SHERIFF SQUAD CAR TO SERVE AS A DETERRENT TO CRIME. (ORAL ONLY) C. DISCUSSION AND CONSIDERATION OF PLACING A MEASURE ON THE MARCH 2017 BALLOT THAT WOULD AMEND MEASURE B. (ORAL ONLY) D. DISCUSSION REGARDING FUNDING AN AMERICANS WITH DISABILITIES ACT TRANSITION PLAN FOR CITY HALL AND CIVIC CENTER COMPLEX IN ORDER TO MAKE IT COMPLIANT WITH THE ACT. (ORAL ONLY) E. DISCUSSION CONCERNING DEVELOPING A PROCESS FOR RESPONDING TO CORRESPONDENCE RECEIVED FROM ROLLING HILLS RESIDENTS. (ORAL ONLY) 10. MATTERS FROM STAFF A. CONSIDERATION OF AN APPROPRIATION AMENDMENT FROM THE UTILITY FUND TO ASSIST EIGHT (8) WILLIAMSBURG LANE HOMEOWNERS IN PAYING FOR THE ENGINEERING DESIGN DEPOSIT ASSOCIATED WITH THE UNDERGROUNDING OF OVERHEAD UTILITIES. 11. PUBLIC COMMENT ON CLOSED SESSION ITEMS 12. CLOSED SESSION Government Code §54957.6 Conference with Labor Negotiator City representative: Personnel Committee (Pieper and Dieringer) Unrepresented employees: Planning Director, City Clerk/Executive Assistant, Administrative Assistant, Associate Planner City Council Agenda 04/11/16 Page 3 of 4 13. RETURN TO OPEN SESSION A. ANNOUNCEMENT OF ACTIONS FROM CLOSED SESSION (ORAL REPORT). 14. ADJOURNMENT Next meeting: Monday, April 25, 2016 at 7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the Deputy City Clerk at (310) 377- 1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. City Council Agenda 04/11/16 Page 4 of 4 DRAFT Agenda Item No. 4-A Meeting Date: 04/11/16 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, MARCH 28, 2016 CALL TO ORDER An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pieper at 7:01 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Dieringer, Mirsch, Wilson and Mayor Pieper. Councilmembers Absent: None. Others Present: Raymond R. Cruz, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Kathleen McGowan, McGowan Consulting. Bern Galvin, 2 Chuckwagon Road. Shawn de Miranda, 5 El Concho Lane. Verna Balch, 6 Hackamore Road. OPEN AGENDA - PUBLIC COMMENT WELCOME None. CONSENT CALENDAR A. Minutes — (1) Adjourned Regular Meeting of March 14, 2016 and (2) Adjourned Regular Meeting of March 21, 2016 (Field Trip). RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of February, 2016. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for February, 2016. RECOMMENDATION: Receive and file. E. City Council Personnel Committee meeting notes of March 14, 2016 RECOMMENDATION: Receive and file. 0 4 DRAFT Councilmember Black moved that the City Council approve the items on the consent calendar as presented. Councilmember Wilson seconded the motion, which carried without objection. CITY COUNCIL REORGANIZATION NOMINATION OF 2016-2017 MAYOR Councilmember Mirsch nominated Mayor Pro Tem Dieringer to serve as Mayor for the 2016-2017 term. Councilmember Black seconded the nomination. Hearing no further nominations, Mayor Pieper closed the nominations and declared Mayor Pro Tem Dieringer Mayor by acclamation of the City Council. NOMINATION OF 2016-2017 MAYOR PRO TEM Mayor Dieringer nominated Councilmember Black to serve as Mayor Pro Tem for the 2016-2017 term. Councilmember Mirsch seconded the nomination, Hearing no further nominations, Mayor Dieringer closed the nominations and declared Councilmember Black Mayor Pro Tem by acclamation of the City Council. COMMENTS FROM 2016-2017 MAYOR Mayor Dieringer thanked her husband, family and friends as well as the City Council for their support and stated that it is a privilege to serve the City. PRESENTATION TO MAYOR PIEPER IN RECOGNITION OF HIS SERVICE DURING HIS 2015-2016 TERM AS MAYOR Mayor Dieringer thanked outgoing Mayor Pieper for his service during his term as Mayor and presented him with a plaque in appreciation of his service. Councilmember Wilson, Mayor Pro Tem Black and Councilmember Mirsch also expressed their appreciation to outgoing Mayor Pieper. ADJOURNMENT TO RECEPTION The City Council adjourned to a brief reception at 7:09 p.m. The meeting was called back to order at 7:28 p.m. COMMISSION ITEMS None. PUBLIC HEARINGS CONTINUED PUBLIC HEARING FOR CONSIDERATION OF TWO APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CTV SETTING FORTH FINDINGS RELATING TO TRIMMING OF TREES AT 15 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT FROM 18 PORTUGUESE BEND ROAD. Minutes City Council Meeting 03-28-16 DRAFT LOCATION OF TREES: 15 PORTUGUESE BEND ROAD PROPERTY OWNER: MR. AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD Mayor Dieringer stated that with the concurrence of both appellants, consideration of this matter will be continued to the City Council meeting scheduled to be held on Monday, April 25, 2016 beginning at 7:00 p.m. in the Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. OLD BUSINESS SECOND READING, WAIVE FULL READING AND ADOPT ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE BY AMENDING SECTIONS 17.08.050 AND 17.16.020 AND ADDING CHAPTER 17.29 IN ORDER TO PERMIT THE PERSONAL CULTIVATION OF MEDICAL MARIJUANA AND IMPOSE AN EXPRESS BAN ON COMMERCIAL MEDICAL MARIJUANA CULTIVATION AND DISPENSARIES WITHIN THE CITY IN ZONING CASE NO. 899 AND ZONING CODE AMENDMENT NO. 2016-01. Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz presented the staff report stating that at its last meeting, the City Council introduced this ordinance pertaining to cultivation and delivery of medical marijuana for first reading; and the ordinance is presented this evening, for second reading and adoption. She reviewed the provisions allowed under the proposed ordinance, which include personal cultivation in limited quantities and delivery into the City by legitimate dispensaries with a fixed storefront. She stated that all commercial cultivation as well as delivery by mobile medical marijuana dispensaries would be prohibited under the proposed ordinance. She noted that included with the staff report as requested by the City Council, is an opinion provided by Captain Dan Beringer with the Lomita Sheriffs station stating that in his opinion the ordinance is responsive to the law and does not pose any nuisance. She further reviewed the regulations adopted by other local cites, noting that Rancho Palos Verdes has not adopted an ordinance and is awaiting the result of the ballot measure relating to medical marijuana that is on the November statewide ballot. In response to Mayor Dieringer, City Attorney Jenkins stated that there is no deadline by which cities are required to take action. Councilmember Pieper moved that the City Council table consideration of this ordinance until the results of the ballot measure relating to medical marijuana goes before the voters at the November 2016 Statewide Election are known unless the City Attorney advises the City Council that sooner action is necessary. Councilmember Wilson seconded the motion. In response to Mayor Pro Tem Black, Planning Director Schwartz stated that the City's ordinance is silent with regard to dispensing and cultivation of medical marijuana; but if something is not listed as allowed, it is generally prohibited. In response to Mayor Dieringer, City Attorney Jenkins stated that if the City were to take no action, the status quo would remain which is an environment where commercial activity would not be allowed, but cultivation is not addressed specifically. Minutes City Council Meeting 03-28-16 DRAFT Mayor Dieringer called for public comment. Bern Galvin, 2 Chuckwagon Road addressed the City Council regarding personal cultivation. Shawn de Miranda, 5 El Concho Lane addressed the City Council in opposition to an ordinance that would allow cultivation of medical marijuana in the City. Verna Balch, 6 Hackamore Road addressed the City Council in opposition to an ordinance that would allow cultivation of medical marijuana in the City. Following brief discussion and an explanation by the City Attorney as to how the City's current Municipal Code relates to medical marijuana cultivation and delivery, Mayor Dieringer called for a roll call vote and the motion to table consideration of this ordinance carried without objection. NEW BUSINESS MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, THE COUNTY OF LOS ANGELES, AND THE CITIES OF RANCHO PALOS VERDES, PALOS VERDES ESTATES, ROLLING HILLS, AND ROLLING HILLS ESTATES REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) FOR THE PENINSULA CIMP AGENCIES. Mayor Dieringer introduced the matter and asked for staffs comments. Planning Director Schwartz introduced the City's stormwater consultant, Kathleen McGowan. Ms Schwartz stated that before the City Council is a Memorandum of Understanding between the Los Angeles County Flood Control District, the County of Los Angeles and the cities of Rancho Palos Verdes, Palos Verdes Estates, Rolling Hills Estates and Rolling Hills to implement a Coordinated Integrated Monitoring Program (CIMP) as required by the Municipal Separate Storm Sewer System (MS4) permit issued through the Los Angeles Regional Water Quality Control Board. She stated that the plan is a 5 -year plan with a fiscal impact to the City of $30,000 per year. Ms. McGowan presented the regulatory background of this issue, an overview of what is included in the CIMP and an overview of the MOU and its requirements. She reviewed the receiving waters for the City's stormwater from the City which include: Machado Lake, Santa Monica Bay and the Los Angeles Harbor and the requirements for each of those receiving waters. In response to Mayor Pro Tem Black, Ms. McGowan reviewed the map showing how the drainage moves to the three receiving waters through improved storm drain systems located in the neighboring cities. She stated the CIMP achieves the five primary objectives outlined out in the MS4 permit and contains all of the required elements; but provides a more cost efficient and effective monitoring on a watershed basis through shared monitoring locations with the other municipalities on the Peninsula. She further reviewed the monitoring plan including the monitoring locations. Ms. McGowan further reviewed the provisions and cost allocation included in the MOU as well as the timeline for approval by the participating municipalities. Discussion ensued concerning the three receiving waters, the permit monitoring requirements and the Minutes City Council Meeting 03-28-16 ,1 DRAFT options for meeting the permit objectives. Mayor Pro Tem Black expressed concern that the monitoring plan is expensive and does not actually achieve the objective of cleaning up the water. He suggested that rather than doing the extensive monitoring required by the permit, the City should build catch basins at each of the seven canyons. Discussion ensued concerning projects that could reduce the monitoring requirement including a project the City of Torrance is proposing at the Torrance Airport to address the Machado Lake compliance requirement. Further discussion ensued concerning the pending lawsuits that two cities filed against the State Water Quality Control Board citing that the permit requirement are over and above the EPA requirements and that cities were not given appropriate notification regarding the cost of implementing these mandates. Mayor Dieringer suggested that the City continue to monitor the status of the lawsuits as the implications of the cities prevailing may benefit the City. Following further discussion, Councilmember Mirsch moved that the City Council approve the MOU as presented and authorize the Mayor to sign the MOU on behalf of the City. Councilmember Wilson seconded the motion, which carried with Mayor Pro Tem Black opposed. Additionally, Ms. McGowan was asked to present the City Council with options for a water retention project at City Hall campus area and provide information on the Torrance Airport project. CONSIDERATION OF THE FISCAL YEAR 2015-2016 MID -YEAR REVIEW AND APPROVAL OF FISCAL YEAR 2015-2016 BUDGET ADJUSTMENTS. Mayor Dieringer introduced the item and asked for staff's comments. Finance Director Shea presented the mid -year budget review stating that through mid -year revenues are at $776,000, which is slightly above projections and expenditures are at $680,000 which is $82,000 less than expected, resulting in an overall positive difference of $105,000. He reviewed the proposed mid -year budget adjustments, which include a $10,000 increase in revenue from increased Real Estate Transfer Tax; an increase of $10,000 for legal expenses; and to move $22,000 from fulltime salaries to part-time salaries. Following brief discussion, Councilmember Pieper moved that the City Council receive and file the FY 2015-2016 mid -year review report and approve the mid -year budget adjustments as presented. Councilmember Mirsch seconded the motion, which carried without objection. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS Mayor Dieringer reported that a matter related to installation of the ALPR cameras will be brought before the City Council in April upon a recommendation from the Palos Verdes Peninsula Regional Law Committee. MATTERS FROM STAFF City Manager Cruz reported that the suspect in at least two burglaries, Charles Vaca was arrested. He further reported the result of the recent coyote control efforts. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. Minutes City Council Meeting 03-28-16 DRAFT CLOSED SESSION Government Code §54957.6 Conference with Labor Negotiator City representative: Personnel Committee (Pieper and Dieringer) Unrepresented employees: Planning Director, City Clerk/Executive Assistant, Administrative Assistant, Associate Planner The City Council recessed into closed session at 9:06 p.m. to discuss the matter listed above. RETURN TO OPEN SESSION Mayor Dieringer called the meeting back to order in open session at 10:19 p.m. ANNOUNCEMENT OF ACTIONS FROM CLOSED SESSION (ORAL REPORT). City Attorney Jenkins reported that during the closed session, the City Council discussed the matter listed on the closed session agenda and there is no reportable action. ADJOURNMENT Hearing no further business before the City Council, Mayor Dieringer adjourned the meeting at 10:20 p.m. in memory of long time resident Jeanne Hadley to an adjourned regular meeting of the City Council scheduled to be held on Monday, April 11, 2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce City Clerk Approved, Bea Dieringer Mayor Minutes City Council Meeting 03-28-16 84 al Rdle<if gad INCORPORATED JANUARY 24, 1957 AGENDA ADJOURNED NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS REGULAR MEETING MONDAY, MARCH 28, 2016 7:00 P.M. Next Resolution No. 1183 Next Ordnance No. 347 1. CALL TO ORDER 2. ROLL CALL 3. OPEN AGENDA - PUBLIC COMMENT WELCOME This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4. CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmcmber may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. A. Minutes — (1) Adjourned Regular Meeting of March 14, 2016 and (2) Adjourned Regular Meeting of March 21, 2016 (Field Trip). RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of February, 2016. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for February, 2016. RECOMMENDATION: Receive and file. E. City Council Personnel Committee meeting notes of March 14, 2016 RECOMMENDATION: Receive and file. 5. CITY COUNCIL REORGANIZATION A. NOMINATION OF 2016-2017 MAYOR B. NOMINATION OF 2016-2017 MAYOR PRO TEM C. COMMENTS FROM 2016-2017 MAYOR Page 1 of 3 6. PRESENTATION TO MAYOR PIEPER IN RECOGNITION OF HIS SERVICE DURING HIS 2015-2016 TERM AS MAYOR 7. ADJOURNMENT TO RECEPTION 8. COMMISSION ITEMS NONE. 9. PUBLIC HEARINGS With the concurrence of the applicants the public hearing on this matter will be continued to Monday, April 25, 2016 City Council meeting at 7:00 PM. A. CONTINUED PUBLIC HEARING FOR CONSIDERATION OF TWO APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CTV SETTING FORTH FINDINGS RELATING TO TRIMMING OF TREES AT 15 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT FROM 18 PORTUGUESE BEND ROAD. LOCATION OF TREES: 15 PORTUGUESE BEND ROAD PROPERTY OWNER: MR. AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD 10. OLD BUSINESS A. SECOND READING, WAIVE FULL READING AND ADOPT ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE BY AMENDING SECTIONS 17.08.050 AND 17.16.020 AND ADDING CHAPTER 17.29 IN ORDER TO PERMIT THE PERSONAL CULTIVATION OF MEDICAL MARIJUANA AND IMPOSE AN EXPRESS BAN ON COMMERCIAL MEDICAL MARIJUANA CULTIVATION AND DISPENSARIES WITHIN THE CITY IN ZONING CASE NO. 899 AND ZONING CODE AMENDMENT NO. 2016-01. 11. NEW BUSINESS A. MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, THE COUNTY OF LOS ANGELES, AND THE CITIES OF RANCHO PALOS VERDES, PALOS VERDES ESTATES, ROLLING HILLS, AND ROLLING HILLS ESTATES REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) FOR THE PENINSULA CIMP AGENCIES. B. CONSIDERATION OF THE FISCAL YEAR 2015-2016 MID -YEAR REVIEW AND APPROVAL OF FISCAL YEAR 2015-2016 BUDGET ADJUSTMENTS. City Council Agenda 03/28/16 Page 2 of 3 J 12. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS NONE. 13. MATTERS FROM STAFF NONE. 14. PUBLIC COMMENT ON CLOSED SESSION ITEMS 15. CLOSED SESSION Government Code §54957.6 Conference with Labor Negotiator City representative: Personnel Committee (Pieper and Dieringer) Unrepresented employees: Planning Director, City Clerk/Executive Assistant, Administrative Assistant, Associate Planner 16. RETURN TO OPEN SESSION A. ANNOUNCEMENT OF ACTIONS FROM CLOSED SESSION (ORAL REPORT). 17. ADJOURNMENT Next meeting: Monday, April 11, 2016 at 7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. City Council Agenda 03/28/16 Page 3 of 3 DRAFT Agenda Item No. 4-A(1) Meeting Date: 03/28/16 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, MARCH 14, 2016 CALL TO ORDER An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pieper at 7:03 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Dieringer, Mirsch, Wilson and Mayor Pieper. Councilmembers Absent: None. Others Present: Raymond R. Cruz, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Marcia Schoettle, 24 Eastfield Drive. Jeffrey Ostriker, 27 Caballeros Road. Jim Aichele, 14 Crest Road West. Lynn Gill, 31 Chuckwagon Road. Patty Naegely, on behalf of Occhipinti (34 Crest Road East). OPEN AGENDA - PUBLIC COMMENT WELCOME Marcia Schoettle, 24 Eastfield Drive addressed the City Council to suggest that the City Council meetings be televised so that residents that don't drive can see the meetings. CONSENT CALENDAR A. Minutes - Regular Meeting of February 22, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. Councilmember Mirsch moved that the City Council approve the items on the consent calendar as presented. Councilmember Wilson seconded the motion, which carried without objection. DRAFT PRESENTATION Presentation of a City Council Commendation to Commander Blaine Bolin Los Angeles County Sheriffs Department The City Council presented a Commendation to Lomita Sheriff's Station Captain Blain Bolin to thank him for his service to the City and congratulate him on his promotion to Commander of the North Patrol Division. Commander Bolin thanked the City for its support during his four years as Captain of the Lomita Station. City Manager Cruz then introduced the new Lomita Station Captain, Dan Beringer. Mayor Pieper stated that if there are no objections, New Business Item 8A regarding an appeal of the City Manager's determination in aggressive animal complaint will be taken out of order at the request of the appellant. Hearing no objection, he so ordered. NEW BUSINESS CONSIDERATION OF AN APPEAL FILED BY DR. JEFFREY OSTRIKER, PURSUANT TO MUNICIPAL CODE SECTION 6.24.070, REGARDING A DETERMINATION ORDERING THE DISPOSITION OF AN AGGRESSIVE ANIMAL COMPLAINT FILED BY MR. MATTHEW CHAISSON. Mayor Pieper introduced the item and asked for staff's comments. City Manager Cruz presented the staff report and reviewed the complaint filed by Mr. Matthew Chaisson against a dog, Azul, owned by Dr. Jeffrey Osktriker alleging that Azul came onto the property where Mr. Chaisson resides and killed his chickens. He further reviewed the investigation performed by an officer of the Los Angeles County Dept. of Animal Care and Control which found the complaint to be meritorious. He then reviewed the order imposed by the City Manager as a result of complaint being confirmed. He stated that the order required that Azul be confined to Dr. Ostriker's property and when off the property, be under control of a leash by a person capable of controlling the dog. He further commented that this matter is before the City Council because a timely appeal was filed by Dr. Ostriker requesting that the City Manager's decision be reviewed. He stated that additional correspondence was received from Dr. Ostriker and Mr. Chaisson and has been placed on the dais. Dr. Jeffrey Ostriker, 27 Caballeros Road addressed the City Council to request that the City Manager's order be modified to allow him to walk his dogs off leash due to medical reasons. He presented letters from a doctor and psychologist in support of his request. Following discussion, Councilmember Black moved that the City Council affirm the City Manager's decision in the aggressive animal complaint against a dog owned by Dr. Jeffrey Ostriker that the dog be confined to the property when on the property and to modify the order to allow Dr. Ostriker to walk the dog off leash provided that he does not walk in the vicinity of the property where the chickens owned by Mr. Matthew Chaisson are located (8 Crest Road East). Councilmember Mirsch seconded the motion, which carried without objection. Minutes City Council Meeting 03-14-16 DRAFT COMMISSION ITEMS RESOLUTION NO. 2016-02 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR A SUBSTANTIAL ADDITION, GRADING, SWIMMING POOL, PORCH, TRELLIS, AND WALLS AND VARIANCES FOR ENCROACHMENT WITH PORTIONS OF THE ADDITIONS, WALLS AND A LIGHTWELL INTO SETBACKS, TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AND TO EXCEED 2.5' AVERAGE HEIGHT OF WALLS IN ZONING CASE NO. 888 AT 17 MIDDLERIDGE LANE NORTH, (LOT 5 -MR), IN THE OVERLAY ZONING DISTRICT-OZD-1, (POST). Mayor Pieper introduced the item and asked for staffs comments. Planning Director Schwartz reviewed the constrained lot configuration and provided an overview of the applicant's request in Zoning Case No. 888 at 17 Middleridge Lane North. She stated that after several public hearings, a site visit and modifications to address the Planning Commission's concerns regarding the project, the Planning Commission adopted Resolution No. 2016-02 approving the request on a 3-2 vote. Councilmember Dieringer expressed concern regarding the encroachment into the front yard setback and questioned the need/justification for granting a variance for the encroachment. Following discussion, Councilmember Black moved that the City Council receive and file Planning Commission Resolution No. 2016-02 granting approval of the applicant's request in Zoning Case No. 888 at 17 Middleridge Lane North. Councilmember Wilson seconded the motion, which carried with Mayor Pro Tem Dieringer opposed. RESOLUTION NO. 2016-04 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR A DETACHED GARAGE, GRADING AND RETAINING WALLS; A CONDITIONAL USE PERMIT TO CONSTRUCT A DETACHED GARAGE; AND VARIANCES TO CONSTRUCT AN ADDITION TO THE RESIDENCE IN THE FRONT SETBACK, A ONE -CAR PARKING PAD LESS THAN 30 FEET FROM THE ROADWAY EASEMENT LINE, GARAGE AND WALL ENCROACHMENT INTO THE FRONT YARD SETBACK, OUT OF GRADE CONDITION OF THE GARAGE, WALL THAT DOES NOT AVERAGE OUT TO 2.5 -FEET, TO EXCEED THE MAXIMUM PERMITTED STRUCTURAL AND TOTAL COVERAGE AND THE DISTURBED AREA OF THE LOT, IN ZONING CASE NO. 892, AT 3 EASTFIELD DRIVE, (LOT 58-EF), (BENNETT). Mayor Pieper introduced the item and asked for staffs comments. Planning Director Schwartz reviewed the constrained lot configuration and provided an overview of the applicant's request in Zoning Case No. 892 at 3 Eastfield Drive. She stated that after a public hearing and site visit, the Planning Commission adopted Resolution No. 2016-04 approving the request on a 4-0 vote with Commissioner Smith abstaining. Following brief discussion, Councilmember Wilson moved that the City Council receive and file Planning Commission Resolution No. 2016-04 granting approval of the applicant's request in Zoning Case No. 892 at 3 Eastfield Drive. Mayor Pro Tem Dieringer seconded the motion, which carried without objection. Minutes City Council Meeting 03-14-16 0 DRAFT PUBLIC HEARINGS AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE BY AMENDING SECTIONS 17.08.050 AND 17.16.020 AND ADDING CHAPTER 17.29 IN ORDER TO IMPOSE AN EXPRESS BAN ON MEDICAL MARIJUANA CULTIVATION AND DISPENSARIES WITHIN THE CITY, IN ZONING CASE NO. 899 AND ZONING CODE AMENDMENT NO. 2016-01. AND AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE BY AMENDING SECTIONS 17.08.050 AND 17.16.020 AND ADDING CHAPTER 17.29 IN ORDER TO PERMIT THE PERSONAL CULTIVATION OF MEDICAL MARIJUANA AND IMPOSE AN EXPRESS BAN ON COMMERCIAL MEDICAL MARIJUANA CULTIVATION AND DISPENSARIES WITHIN THE CITY IN ZONING CASE NO. 899 AND ZONING CODE AMENDMENT NO. 2016-01. Mayor Pieper introduced the item and asked for staffs comments. Planning Director Schwartz presented the staff report stating that before the City Council are two proposed ordinances pertaining to delivery and cultivation of medical marijuana in the City. She reviewed the background of the issue including the State legislative history on the issue. She stated that the Planning Commission also heard this matter and recommended adoption of the stricter ordinance prohibiting all cultivation including for personal use. She noted that at the time the Planning Commission heard this matter, there was a March 1st deadline by which cities needed to take action, if they wished to regulate any marijuana activities, but the State legislature since eliminated the deadline. When the matter was before the Planning Commission, the public provided testimony suggesting that the City provide for delivery of medical marijuana and allow for personal cultivation but given the urgency of the matter, the Planning Commission recommended adoption of an ordinance banning all cultivation and permitting delivery by a dispensary having a legitimate storefront. Staff has since further researched the issue and prepared a second draft ordinance allowing for personal cultivation but still banning commercial cultivation. Discussion ensued concerning the amount of area that is allowed for personal cultivation. Further discussion ensued concerning commercial cultivation of other crops and the delivery mechanisms by which qualified patients would be allowed to obtain medical marijuana. Mayor Pieper called for public comment. Jim Aichele, 14 Crest Road West addressed the City Council to urge the City Council to adopt the ordinance allowing for personal cultivation of medical marijuana. Mayor Pro Tem Dieringer expressed concern that the allowing personal cultivation outdoors could potentially increase crime in the City. She suggested allowing only indoor growth. Discussion ensued concerning State law versus Federal law relating to marijuana. City Attorney Jenkins stated that it is Minutes City Council Meeting 03-14-16 DRAFT illegal under Federal law to sell, cultivate or use marijuana. Councilmember Black suggested not adopting an ordinance and just defaulting to Federal law as it relates to medical marijuana. Councilmember Mirsch moved that the City Council waive full reading and introduce on first reading an ordinance of the City of Rolling Hills amending Sections 17.08.050 and 17.16.020 and adding Chapter 17.29 in order to permit the personal cultivation of medical marijuana and impose an express ban on commercial medical marijuana cultivation and dispensaries within the City. Mayor Pieper seconded the motion. Discussion ensued concerning the allowance for personal cultivation and the licensing requirement. With regard to the provision that there be no exterior evidence of cultivation from any street [Section 17.29.020(C)(1)(h)], Councilmember Wilson suggested that trails and easements be added as locations from where there shall be no exterior evidence of cultivation. Following discussion, Councilmember Mirsch accepted Councilmember Wilson's amendment and Mayor Pieper seconded. Following brief discussion, the motion carried as amended with Councilmember Black and Mayor Pro Tem Dieringer opposed. OLD BUSINESS CONSIDERATION OF RESOLUTION NO. 1182 ADOPTING ADMINISTRATIVE REGULATIONS INTERPRETING MEASURE B RELATING TO VIEW PRESERVATION. Mayor Pieper introduced the item and asked for staff's comments. Planning Director Schwartz stated that two items regarding this item were received today and have been placed on the dais. The City Council took a brief recess to read the materials submitted. Planning Director Schwartz then presented the staff report and reviewed the background of this matter stating that for several months the City Council has been considering the adoption of administration regulations interpreting Measure B so that it can be applied consistently. She stated that the issues being discussed include the matters of acquisition and maturity. She noted that the City Council has already decided on an interpretation for the acquisition issue; and at its last meeting decided, on the maturity issue, to use 75% of a tree's maximum canopy width and height as a metric for determining maturity. She stated that since that meeting it was learned that there are several ways to measure "width" of a canopy. She stated that there are various methods for measuring canopy width and staff recommends using the "drip line" to measure the canopy spread. She stated also that since the last meeting, it was learned that the most recent edition of Sunset Western Garden Book does not include some of the trees common in Rolling Hills where the previous version did. She stated that it is staff's recommendation that staff be allowed to use the previous version as a reference. Lastly, based on direction received at the last meeting that staff do research pertaining to "Consulting Arborists", most of the local landscape/arbor companies do not employ an arborist certified by the American Society of Consulting Arborists (ASCA), but do consult with one when needed. Planning Director Schwartz stated that the City Council has two items left to consider. First, to finalize the "maturity" issue and secondly to affirm the less controversial issue with regard to the "retroactivity" provision. In response to Mayor Pro Tem Dieringer, Planning Director Schwartz reviewed the various methods for measuring canopy "spread". Discussion ensued concerning the various methods for measuring width and Minutes City Council Meeting 03-14-16 DRAFT height of trees. Further discussion ensued concerning the height ranges. Mayor Pro Tem Dieringer expressed concern that trees may not reach their maximum height due to planting site conditions and suggested that the City Council consider adding language to refer to the maximum "expected" height so that the planting site can be taken into consideration. She stated that she does not think the presently proposed interpretation regarding maturity meets the legal requirements. Brief discussion ensued concerning tree height. With regard to the issue of which version of Sunset Western Garden Book should be used a reference for tree heights, the City Council concurred that the most recent edition should be used unless a tree is not listed in that version, then the previous edition where a particular tee is listed could be used. Discussion ensued concerning using a consulting arborist certified by the American Society of Consulting Arborists (ASCA) rather than an arborist certified by the American Society of Arboriculture (ASA) when arborist consultant services are needed. Following discussion, the City Council concurred to use the proposed language presented in the draft Administrative Regulations attached to the resolution. Discussion ensued concerning retroactivity portion of the administrative regulation. The City Council concurred to use the language as proposed in the draft Administrative Regulations attached to the resolution. Mayor Pieper called for public comment. Marcia Schoettle, 24 Eastfield Drive addressed the City Council to suggest that when an arborists' services are necessary that an ASCA certified consulting arborist be used. Lynn Gill, 31 Chuckwagon Road addressed the City Council in support of using 75% of the maximum expected height and using the most recent version of Sunset Western Garden book that lists the specific tree as a reference. Patty Naegely addressed the City Council on behalf of the Occhipinti Family (34 Crest Road East) to further explain the correspondence she presented which shows that many trees in the area do no reach their maximum height even though they are mature. Planning Director Schwartz reviewed the proposed Administrative Regulations as presented in the draft resolution. Discussion ensued concerning maturity. Councilmember Mirsch moved that the City Council change the word "maximum" to "expected" in Section 2001 as it relates to the tree canopy height and width. Mayor Pro Tem Dieringer seconded the motion. Following further discussion concerning the "expected" canopy height and width spread, the motion failed with Councilmember Black, Mirsch Wilson and Mayor Pieper opposed. Councilmember Wilson moved that the City Council adopt Resolution No. 1182 adopting administrative regulations interpreting Measure B relating to view preservation as amended. Mayor Pieper seconded the motion, which carried with Councilmember Black and Mayor Pro Tem Dieringer opposed. Minutes City Council Meeting 03-14-16 1 DRAFT MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS DISCUSSION CONCERNING A RECOMMENDATION FROM THE PERSONNEL COMMITTEE REGARDING FILLING AN UNEXPECTED VACANCY ON THE ROLLING HILLS TRAFFIC COMMISSION. (ORAL REPORT) Mayor Pieper reported that the Personnel Committee discussed the unexpected vacancy on the Rolling Hills Traffic Commission and directed staff to advertise the vacancy in the Citywide newsletter and proceed with the recruitment process to fill the vacancy so that the position will be filled by the May meeting of the Traffic Commission. OTHER MATTERS FROM THE CITY COUNCIL Mayor Pieper reported that the Personnel Committee also discussed the issue of employee salary adjustments and the matter will be placed on the Closed Session agenda at a future meeting for discussion and then discussed in open session by the City Council. Mayor Pieper stated that he is hearing resident concern regarding coyotes. Councilmember Wilson suggested that staff address the issue of traffic control when contractors are working in the City so that they be required to remove or make the traffic control signage not visible in the hours that they are not working. Councilmember Mirsch asked that a discussion regarding a process for responding to correspondence received be agendized for discussion at future City Council meeting. Mayor Pieper asked that a discussion on a proposed ballot measure pertaining to view preservation be agendized for discussion at future City Council meeting. MATTERS FROM STAFF CONSIDERATION OF PROVIDING ACCURATE COMPENSATION TO THE LAW FIRM JENKINS & HOGIN FOR UNDERPAYMENT FOR LEGAL SERVICES PROVIDED THE CITY OF ROLLING HILLS FOR VIEW IMPAIRMENT CASES FROM MAY OF 2014 TO DECEMBER 2015. City Attorney Jenkins recused himself from discussion on this matter because it relates to his services and left the dais. City Manager Cruz presented the staff report stating that due to billing error, the City Attorney's office inadvertently under billed the City for services related to view impairment cases from May 2014 to December 2015. Following brief discussion, Councilmember Black moved that the City Council approve an appropriation in the amount of $13,832.90 to accurately compensate Jenkins & Hogin for legal services provided between May 2014 and December 2015 that were billed incorrectly resulting in an underpayment. Mayor Pro Tem Dieringer seconded the motion, which carried without objection. City Attorney Jenkins returned to the dais. CLOSED SESSION Minutes City Council Meeting 03-14-16 DRAFT None. ADJOURNMENT Hearing no further business before the City Council, Mayor Pieper adjourned the meeting at 9:39 p.m. in memory of long time residents Rosina Baur, Georgia Claessens and Cosimo Occhipinti. An adjourned regular meeting of the City Council is scheduled to be held on Monday, March 21, 2016 beginning at 6:00 p.m. at 18 and 15 Portuguese Bend Road for the purpose of conducting a field trip regarding the appeals of a Committee on Trees and Views decision. An adjourned regular meeting of the City Council is scheduled to be held on Monday, March 28, 2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce City Clerk Approved, Jeff Pieper Mayor Minutes City Council Meeting 03-14-16 / DRAFT Agenda Item No. 4-A(2) Meeting Date: 03/28/16 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, MARCH 21, 2016 CALL TO ORDER An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pieper at 6:00 p.m. at 18 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Dieringer, Mirsch, Wilson and Mayor Pieper. Others Present: Raymond R. Cruz, City Manager. Yolanta Schwartz, Planning Director. Wendy Starks, Associate Planner. Howard Weinberg, Attorney (Nuccion). Hal Light, Attorney (Hassoldt). William Hassoldt, applicant (15 Portuguese Bend Rd). Roger Hawkins, Resident. Brandon Gill, Arborist. Luke Midura, Arborist. PUBLIC HEARING CONTINUED PUBLIC HEARING FOR CONSIDERATION OF TWO APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CTV SETTING FORTH FINDINGS RELATING TO TRIMMING OF TREES AT 15 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT FROM 18 PORTUGUESE BEND ROAD. LOCATION OF TREES: 15 PORTUGUESE BEND ROAD PROPERTY OWNER: MR. AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD The City Council and the parties present assembled on the driveway at 18 Portuguese Bend Road. Mr. Weinberg distributed a larger aerial photo of the tree survey than was previously submitted. Planning Director Schwartz briefly reviewed the background of the appeals. All present walked onto the patio above the pool at 18 Portuguese Bend Road, Rolling Hills, California to view the trees and the view. Mayor Pieper stated that the purpose of the site visit is to: 1) See the view and the viewing area. 2) Minutes — Adjourned Regular City Council Meeting 03-21-16 -1- (0 DRAFT Determine if there is a view. 3) Determine if the viewing area is appropriate. 4) If the viewing area is determined to be appropriate, is it obstructed? It was confirmed that the aerial photographic evidence provided by Dr. and Mrs. Nuccion was from July 2010. Mr. Light advised that trees on 15 Portuguese Bend Road have been trimmed in January 2016. Planning Director Schwartz, Mr. Hassoldt, and Mayor Pieper identified each of the trees subject to this case, including the ones that are not part of the complaint (#7, Acacia, and #10 of the list provided by the Nuccions). It was stated that trees #8 and #13 on the new list are Olive trees that were deemed mature by CTV and were not recommended for restorative action by the CTV. In response to an inquiry, Planning Director Schwartz advised that the purchase date for 18 Portuguese Bend Road is April 2009. The City Council agreed there is a view from the patio viewing area and that the viewing area is appropriate. Mayor Pro Tem Dieringer added that there are views of city lights and mountains per statute. A discussion ensued as to whether the trees block the views, if they are mature, and if they are mature, were they mature in 2009, and if the property owners had a view in 2009. Councilmember Black observed that it is clear the trees have grown since the photographic evidence and that the view is obstructed. Councilmember Mirsch confirmed that the 2 Olive trees are the only ones that were declared mature per the Committee on Trees and Views and that the Pine tree that abuts both property lines is not a part of this complaint. Mayor Pro Tem Dieringer asked that since the regulations have changed, does the complaint need to go back to the CTV, and Councilmember Black advised a vote can be taken by the City Council on that matter during the regular meeting of the City Council on March 28, 2016. Councilmembers directed staff to obtain an opinion from the City Attorney whether the case can be decided by the City Council or does it have to go back to the CTV and whether the new regulations and interpretation of Measure B should be applied to this case or the old ones. The group proceeded to the pool area, where the Councilmembers stated that some of the pictures were taken from, and determined that the vantage point from this patio is different. The City Council and the parties present then proceeded to the property located at 15 Portuguese Bend Road to view the subject trees. Minutes — Adjourned Regular City Council Meeting 03-21-16 -2- DRAFT Mr. Hassoldt and Mayor Pieper identified each of the trees in the complaint. Councilmembers observed that some of the trees were cut previously as the cut lines were visible, that tree #7, the Acacia has been cut, that trees #2 and #3, Palm Trees, have been trimmed recently. Mr. Light advised that in response to Mr. Jenkins, the City Attorney, who advised at a previous meeting that the owner could trim the trees to ensure the trees' health while this case is being considered, the owners trimmed and cleaned some of the trees. Mayor Pro Tem Dieringer inquired if the CTV determined the two trees were mature using the current definition. Mayor Pieper advised that they did not as the City Council established the definition recently. Mayor Pieper confirmed that all Councilmembers have seen the trees and know where each one is. There being no further questions or comments, the public hearing was continued to Monday, March 28, 2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. OPEN AGENDA - PUBLIC COMMENT None. ADJOURNMENT Hearing no further business before the City Council, Mayor Pieper adjourned the meeting at 6:45 p.m., to an adjourned regular meeting of the City Council to be held on Monday, March 28, 2016 beginning at 7:00 p.m. In the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Wendy Starks Associate Planner Approved, Jeff Pieper Mayor Minutes — Adjourned Regular City Council Meeting 03-21-16 -3- ge-"t Raile:09 qe.t6 INCORPORATED JANUARY 24, 1957 AGENDA REGULAR MEETING NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS MONDAY, FEBRUARY 22, 2016 7:30 P.M. 1. CALL TO ORDER 2. ROLL CALL 3. 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 - Regular Meeting of February 8, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of January, 2016. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for December, 2015 and January, 2016. RECOMMENDATION: Receive and file. 4. COMMISSION ITEMS NONE. 5. PUBLIC HEARINGS A. AT THE REQUEST OF THE PARTIES, THE PUBLIC HEARING ON THE APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015- 03-CTV WILL BE CONTINUED TO A DATE TO BE SELECTED AT THIS MEETING. CONSIDERATION OF TWO APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CTV SETTING FORTH FINDINGS RELATING TO TRIMMING OF TREES AT 15 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT FROM 18 PORTUGUESE BEND ROAD. Page 1 of 3 1 B. SINCE THE LAST MEETING, THE APPLICANT IN ZONING CASE NO. 869, SUBDIVISION NO. 94, VESTING TENTATIVE PARCEL MAP NO. 72775 WITHDREW THEIR APPLICATION. THIS MATTER WILL NOT BE DISCUSSED. ZONING CASE NO. 869, SUBDIVISION NO. 94, VESTING TENTATIVE PARCEL MAP NO. 72775 — A REQUEST TO SUBDIVIDE AN EXISTING LOT TOTALING 7.05 ACRES GROSS INTO 2 PARCELS OF LAND AS FOLLOWS: PARCEL 1: 3.70 GROSS ACRES, 3.0 NET ACRES; PARCEL 2: 3.34 GROSS ACRES, 2.67 NET ACRES. THE PROPERTY IS CURRENTLY VACANT LOT LOCATED ON THE SOUTH SIDE OF CREST ROAD EAST, KNOWN AS 23 CREST ROAD EAST, (LOT 32 -A -MS), PARCEL NO.: 7567-011-020 IN THE RA -S-2 ZONE, RESIDENTIAL AGRICULTURAL -SUBURBAN 2 -ACRE MINIMUM NET LOT AREA, TO BE IMPLEMENTED BY MR. JIM HYNES. PURSUANT TO CEQA REQUIREMENTS, IT WAS DETERMINED THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT WITH APPLICABLE MITIGATION MEASURES AND THEREFORE, A MITIGATED NEGATIVE DECLARATION HAS BEEN PREPARED. 6. OLD BUSINESS A. CONSIDERATION OF RESOLUTION NO. 1182 ADOPTING ADMINISTRATIVE REGULATIONS INTERPRETING MEASURE B RELATING TO VIEW PRESERVATION. 7. NEW BUSINESS NONE. 8. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS A. CONSIDERATION OF A REQUEST FROM THE LOS ANGELES COUNTY SOLID WASTE MANAGEMENT COMMITTEE/INTEGRATED WASTE MANAGEMENT TASK FORCE FOR A LETTER OF SUPPORT FOR A LOS ANGELES COUNTY PHARMACEUTICALS AND SHARPS COLLECTION AND DISPOSAL STEWARDSHIP ORDINANCE. B. UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETING HELD ON FEBRURY 11, 2016. (ORAL REPORT) 10. MATTERS FROM STAFF A. REPORT REGARDING PROCESS FOR REVIEWING DEVELOPMENT PROJECTS ELIGIBLE FOR ADMINISTRATIVE (OVER -THE COUNTER) APPROVAL. City Council Agenda 02/22/16 Page 2 of 3 11. CLOSED SESSION NONE. 12. ADJOURNMENT Next meeting: Monday, March 14, 2016 at 7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the Deputy City Clerk at (310) 377- 1521 at least 48 hours prior to the meeting to enable the city to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. City Council Agenda 02/22/16 Page 3 of 3 DRAFT Agenda Item No. 3-A Meeting Date: 02/22/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, FEBRUARY 8, 2016 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pieper 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, Mirsch, Wilson and Mayor Pieper. Councilmembers Absent: None. Others Present: CONSENT CALENDAR Raymond R. Cruz, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Howard Weinberg, Attorney. Charlie Raine, 2 Pinto Road. Jim and Laurie Hynes, 23 Crest Road East. Lynn Gill, 31 Chuckwagon Road. Mike Schoettle, 24 Eastfield Drive. Kirt Behera, 12 Ringbit Road East. Matt Seabern, 14 Portuguese Bend Road. Laura Gregorio, 45 Eastfield Drive. Hal Light, Attorney. 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 January 25, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. Councilmember Mirsch moved that the City Council approve the items on the consent calendar as presented. Councilmember Black seconded the motion, which carried without objection. DRAFT COMMISSION ITEMS None. Recognizing that the applicant wasn't present and at the request of their attorney, Mayor Pieper stated that the public hearing pertaining to Zoning Case No. 869 would be moved to later in the meeting. Item 9A was taken out of order. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS CONSIDERATION OF A REQUEST FROM THE LOS ANGELES COUNTY SOLID WASTE MANAGEMENT COMMITTEE/INTEGRATED WASTE MANAGEMENT TASK FORCE FOR A LETTER OF SUPPORT FOR A LOS ANGELES COUNTY PHARMACEUTICALS AND SHARPS COLLECTION AND DISPOSAL STEWARDSHIP ORDINANCE. City Manager Cruz stated that this matter was brought forward for the City Council's consideration at the request of Mayor Pro Tem Dieringer. Mayor Pro Tem Dieringer stated that she feels that the County adopting a pharmaceuticals and sharps collection and disposal stewardship ordinance that could be adopted by the City would make sense for Rolling Hills' residents and she feels the City should support this request. Discussion ensued concerning the purpose of the ordinance and the pharmaceutical manufacturer's involvement in the process. Councilmember Black stated that he is not opposed to the concept, but he would like to see the language of the ordinance before committing his support. Following discussion, staff was directed to provide the City Council with a copy of the draft ordinance for review at the next meeting. Consideration of this matter was continued to the next regular meeting of the City Council scheduled to be held on Monday, February 22, 2016 beginning at 7:30 p.m. in the Council Chamber at Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. PUBLIC HEARINGS ZONING CASE NO. 869, SUBDIVISION NO. 94, VESTING TENTATIVE PARCEL MAP NO. 72775 — A REQUEST TO SUBDIVIDE AN EXISTING LOT TOTALING 7.05 ACRES GROSS INTO 2 PARCELS OF LAND AS FOLLOWS: PARCEL 1: 3.70 GROSS ACRES, 3.0 NET ACRES; PARCEL 2: 3.34 GROSS ACRES, 2.67 NET ACRES. THE PROPERTY IS CURRENTLY VACANT LOT LOCATED ON THE SOUTH SIDE OF CREST ROAD EAST, KNOWN AS 23 CREST ROAD EAST, (LOT 32 -A -MS), PARCEL NO.: 7567-011-020 IN THE RA -S-2 ZONE, RESIDENTIAL AGRICULTURAL -SUBURBAN 2 -ACRE MINIMUM NET LOT AREA, TO BE IMPLEMENTED BY MR. JIM HYNES. PURSUANT TO CEQA REQUIREMENTS, IT WAS DETERMINED THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT WITH APPLICABLE MITIGATION MEASURES AND THEREFORE, A MITIGATED NEGATIVE DECLARATION HAS BEEN PREPARED. Mayor Pieper introduced the item and asked for staff's comments. Planning Director Schwartz briefly Minutes City Council Meeting 02-08-16 DRAFT reviewed the applicant's request for a two -lot subdivision and stated that the City Council previously reviewed and discussed the request; visited the site; as well as reviewed the various environmental reports and correspondence from property owners located to the south of the project. She further reviewed the background on this case stating that after several discussions the City Council requested that the applicant provide further, independent information with regard to the hydrology on the site and its effect on the development of the two lots; and on the properties south of the development that are located in the Flying Triangle. Staff issued a Request for Proposal for the independent hydrology study, including the infiltration rate and a peer review of the previous reports received, to which two companies responded with proposals in the amount of approximately $30,000. She further reviewed the applicant's request for subdivision stating that if/when the lots are developed additional soils, geology and hydrology studies would have to be done specific to the proposed development. She stated that the studies done to date have been for feasibility and the City engineer has deemed the subdivision compliant with the subdivision act. She further stated that additional correspondence has been received which included a letter from the property owner below at 58 Portuguese Bend Road expressing concern about the project and a letter from the applicant objecting to the additional independent hydrology study. She further reviewed the options before the City Council which include to either approve or deny the subdivision based on the findings which are listed in the staff report or to continue with the request for additional hydrology information. Mayor Pieper called for public comment. Howard Weinberg, Attorney addressed the City Council stating that they do not feel that an additional hydrology study is necessary. IIe further reviewed thc hydrology calculations originally provided and stated that the hydrologists both concluded that there will be no additional water coming off the surface of the property after the lots are developed. He asked the City Council to rescind the request for additional studies and approve the subdivision as approved by the Planning Commission and confirmed by the City Engineer. Charlie Raine, 2 Pinto Road addressed the City Council to express concern regarding the project and the effect any additional water from the lots will have on the properties below. Jim Hynes, 23 Crest Road East addressed the City Council stating that there will be no additional water coming off the lots as has been confirmed by their engineer and the City engineer. In response to Mayor Pieper, City Attorney Jenkins stated that if the applicant is unwilling to provide the additional information requested, the City Council should make a decision to either approve or deny the request. Discussion ensued concerning the need for the additional hydrology information. Councilmember Black commented that he is concerned about effect of the subdivision on the downhill neighbors given the soil stability issues and would not be in favor of approving the subdivision without the additional hydrology information requested. Mayor Pro Tem Dieringer expressed concern that there was no Environmental Impact Report (EIR) conducted and she is not willing to risk people's safety. Following further discussion, Mayor Pro Tem Dieringer moved that the City Council direct staff to prepare a Resolution of Denial in Zoning Case No. 869 at 23 Crest Road East. Councilmember Wilson seconded the motion, which carried without objection. Minutes City Council Meeting 02-08-16 DRAFT OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. OLD BUSINESS SECOND READING, WAIVE FULL READING AND ADOPT ORDINANCE NO. 346 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO VIEW PRESERVATION, IN ZONING CASE NO. 881 AND ZONING CODE AMENDMENT NO. 2015-03. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Pieper introduced the item stating that this is consideration of an Ordinance amending the City's existing View Ordinance and does not relate to Measure B. He stated that the discussion regarding Measure B interpretation is a separate item on the agenda and will be discussed later. Mayor Pieper called for public comment. Lynn Gill, 31 Chuckwagon Road addressed the City Council to suggest that the language in the Ordinance regarding restorative actions be changed to eliminate the word "topping" and instead use words like "crown reduction" to be consistent with the language that the Committee on Trees & Views uses. In response to Mayor Pro Tem Dieringer, Planning Director Schwartz confirmed that the Committee on Trees and Views does not typically use the word "topping" in its resolutions. In response to Mayor Pieper, City Attorney Jenkins stated that if the City Council makes any changes other than to correct typographical errors, the Ordinance would have to be reintroduced for first reading. Following brief discussion, Councilmember Black moved that the City Council waive full reading and adopt Ordinance No. 346 amending Title 17 of the Rolling Hills Municipal Code relating to View Preservation as presented. Mayor Pieper seconded the motion. Mayor Pro Tem Dieringer commented that she feels that the language regarding restorative action should be changed as suggested by Dr. Gill. She further commented that she feels that the term informational "document" should be further explained. She commented that she also feels that binding arbitration should be offered to reduce litigation. Following discussion, the motion to adopt Ordinance No. 346 carried by the following roll call vote: AYES: Councilmembers Black, Mirsch, Wilson and Mayor Pieper. NOES: Mayor Pro Tem Dieringer. ABSENT: None. ABSTAIN: None. Minutes City Council Meeting 02-08-16 DRAFT CONSIDERATION OF RESOLUTION NO. 1182 ADOPTING ADMINISTRATIVE REGULATIONS INTERPRETING MEASURE B RELATING TO VIEW PRESERVATION. Mayor Pieper introduced the item stating that the City Council will review and discuss the information presented; and then open the item for public comment. He stated that the purpose of the Administrative Regulations is to provide definitions so that the Committee on Trees and Views can apply it evenly and consistently. Planning Director Schwartz reviewed the background and previous discussion and testimony on this item. She stated that the matter was originally discussed by a City Council Ad Hoc Committee and then by the Planning Commission to provide clarity on the portions of Measure B that were not clearly defined when the measure was adopted by the voters. She stated that the three issues needing clarification were the terms "mature" vs. "maturing"; what constitutes "acquisition" of property and the term "retroactivity." She further reviewed the correspondence received since the City Council last discussed this matter, which offered several varying opinions as to the definition of "mature." She stated the Mayor Pro Tem Dieringer has also provided a memo expressing her opinion regarding the definition of mature and other matters related to the interpretation of Measure B. In response to Mayor Pieper as to how to best proceed, Planning Director Schwartz stated that the City Council may wish to refer to the Planning Commission's recommendations as included in the Resolution that is attached to the staff report and discuss each of the items. DATE OF ACQUISITION OF PROPERTY Planning Director Schwartz reviewed the interpretation of "acquisition" of property as suggested by the Planning Commission. Mayor Pieper commented that he feels the "acquisition date" should be the last time money was conveyed for the ownership of the property. Mayor Pro Tem Dieringer commented that she feels "acquisition date" should be the date when the current owner acquired property regardless of whether money changed hands or not and it became legally recordable as theirs. Discussion ensued concerning how the rule would be applied when a property is put into a "trust." Further discussion ensued concerning revocable vs. irrevocable trusts. City Attorney Jenkins commented that there are varying definitions of "acquire" which is what makes it difficult to interpret Measure B. He suggested that it may make more sense to view it from the point of view of the property not the people. He explained that the property comes with certain rights and the concept would be that there is a relationship between what was paid for the property and the rights that were held by the property at the time the money was transferred. He stated that it could be looked at as a property issue not a people issue whereby the last time the property was purchased in an arms length transaction where title was conveyed and consideration was paid for the full value of the property then the property was paid for with the attributes of that property at that time. He further explained that the other way to look at would be from a people perspective where whoever lives in the house, however they might have acquired it, they only get the view they had when they obtained the right to live in the house without regard to whether money changes hands or not. Minutes City Council Meeting 02-08-16 DRAFT Further discussion ensued concerning the different types of scenarios including trusts and irrevocable trust and how they affect acquisition. City Attorney Jenkins suggested that the City Council focus on what the outcome should be in certain hypothetical situations rather than the technical terminology. Further discussion ensued concerning types of property acquisition and the varying definition of acquire. Mayor Pieper called for public comment specifically regarding the matter of "acquisition." Mike Schoettle, 24 Eastfield Drive addressed the City Council stating that he feels that acquisition should be when someone's name goes on title. Lynn Gill, 31 Eastfield Drive addressed the City Council stating that he feels that acquisition should be when consideration is given and the property rights that were included with the purchase should be able to be passed on to anyone who is a beneficiary of the trust. Kid Behera, 12 Ringbit Road East stated that he concurs with Dr. Gill. Matt Seabern, 14 Portuguese Bend Road stated that he concurs with City Attorney Jenkins that the issue should be considered from a "property" perspective and that using the "people" perspective will cause problems. Howard Weinberg, Attorney (Nuccion) stated that he feels that ownership should be pegged to a monetary transaction and he believes the reference to property tax law should be removed. Mayor Pieper suggested again that the acquisition date should be when money changes hands. Mayor Pro Tem Dieringer expressed concern that using that approach could create a dynasty through legal documents. City Attorney Jenkins stated that the City Council simply needs to determine what its approach to the matter is. He stated that if the City Council is looking to tie the view to the value of the property when it was last purchased, it is greatly simplified. He stated that looking at who lives there and when that person took control of the property is the other way to look at it and the City Council needs to make a decision as to the broad concept whether its should be viewed from a property or a person perspective. Following discussion, Councilmembers Black, Mirsch Wilson and Mayor Pieper indicated that they are in favor of viewing the matter from the "property" perspective and directed City Attorney Jenkins to draft language that conveys that sentiment for the City Council's consideration at the next meeting. "MATURE" VERSUS "MATURING" TREES Planning Director Schwartz reviewed the definitions of "mature" vs. "maturing" as suggested by the Planning Commission. She stated that that the Planning Commission suggested using the International Society of Arboriculture's definition of "maturity height" as being the maximum height that a plant is likely to reach if the conditions of the planting site are favorable and referencing Sunset Western Garden Book as a reference for potential heights by species. She stated that the Planning Commission further recommended that a tree that had been previously cut should not be considered mature because it never reached its highest mature height. Minutes City Council Meeting 02-08-16 DRAFT Mayor Pro Tem Dieringer commented based on the correspondence from Ruben Green that she feels that height alone cannot be used to determine the maturity of a tree. She further stated that she feels that Measure B requires that the definition has to be based on industry standards predominantly used by arborists. She stated that she feels the City should ask for an independent opinion on what maturity means. Mayor Pieper called for public comment on the issue of maturity. Laura Gregorio, 45 Eastfield Drive/65 Saddleback Road addressed the City Council regarding the provision in Measure B that allows a property owner to restore the view they had when they purchased their property. Mike Schoettle addressed the City council stating that he does not feel that a tree that has been previously trimmed should be exempt from being considered mature. Lynn Gill stated that he feels that Sunset Western Garden Book is a good resource to use as a guide for determining maximum tree height but warned against using the maximum height. He suggested getting an opinion from a consulting arborist. Harold Light, Attorney (Hassoldt) addressed the City Council to further explain the declaration he submitted from Mr. Green's. He stated that he also does not feel a tree that has been previously trimmed should be exempt from being considered mature and that maximum height should not be used as the determining factor. Howard Weinberg, Attorney (Nuccion) addressed the City Council in support of using height as the determining factor, but suggested using a percentage of the maximum height rather than the absolute maximum height. Mayor Pro Tem Dieringer commented that the language used to define "maturity" has to be consistent with Measure B and must be defined by industry standards predominantly accepted by arborists. She suggested obtaining an opinion from a Registered Consulting Arborist with regard to the definition of mature on a case -by -case basis. Councilmember Mirsch commented that she feels it is the City Council's responsibility to set a standard that can be used in each case and in doing so, the City is meeting its obligation by deliberating in good faith and coming to a conclusion that is simple and subject to as little interpretation as possible. In response to Mayor Pieper, City Attorney Jenkins commented that it seems clear that there is no single accepted industry standard of the definition of mature. He stated that he feels what is needed is uniformity — a uniform definition to apply to every case so that there is certainty as to what the word means in each case. He stated that the City Council's task is to come up with a uniform definition based on an industry standard that reasonably derives from industry standards. Mayor Pieper commented that he believes that the definition should be simple and easy to apply consistently. He further commented that he believes that whether or not a tree has been trimmed previously complicates the matter and should be eliminated. Minutes City Council Meeting 02-08-16 DRAFT Councilmember Black stated that he feels that there are scenarios where a mature tree should not be exempted from being trimmed; for example, if a tree had been trimmed to maintain a view but circumstances prevented the trimming the tree should not be allowed to grow into the view simply because it is a mature tree. With regard to maximum height, he suggested that using a percentage of the mature height, possibly 90% may be a better way to go. Councilmember Wilson commented that lie feels, llie definition needs to be simple but also objective and measurable. He stated that although the Sunset Western Garden Book might not be his favorite resource, it is what is available and suggested using a percentage of the maximum height. He further commented that he agrees that trees that have been trimmed should iiut be exempted. Ile suggested using 75-80% of the maximum height as the guideline. Discussion ensued concerning the tree height ranges shown in Sunset Western Garden Book. Mayor Pro Tem Dieringer further expressed concern that Sunset Western Garden Book is not an industry standard used by arborists and using it will lead to litigation. In response to Councilmember Wilson, City Attorney Jenkins stated that what the City Council comes up with regarding the definition of maturity should be informed by the information received. He stated that the City Council has been provided with several pieces of information in the staff report, including the opinions from arborists and the public. He stated that if the City Council believes it needs more information, as Mayor Pro Tem Dieringer suggests, an expert could be hired to provide additional information. He further stated that if the City Council believes it has received enough information to make a decision, which reflects a consensus or merger of what constitutes an industry standard, such a decision would be sustainable. Further discussion ensued concerning the differing opinions on the definition of maturity, the height ranges listed in Sunset Western Garden Book and whether or not a mature tree that has been previously trimmed should be exempted from being trimmed to maintain a view. Following discussion, consideration of this matter was continued to the next regular meeting of the City Council scheduled to be held on Monday, February 22, 2016 beginning at 7:30 p.m. in the Council Chamber at Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. NEW BUSINESS None. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS DISCUSSION REGARDING MOVING THE OPEN AGENDA ITEM ON THE CITY COUNCIL AGENDA TO EARLIER IN THE MEETING. (ORAL) Mayor Pieper commented that Councilmember Mirsch suggested, and he concurs that it would make sense to move the open agenda itern on the City Council agenda to earlier in the meeting so that those wishing to speak don't have to wait until 8pm or later. Following discussion, staff was directed to place the "Open Agenda" item as the first item on the agenda after the roll call. Minutes City Council Meeting 02-08-16 DRAFT COYOTE CONTROL. (ORAL) Mayor Pieper commented that there seem to be many reports of coyote issues on the social networking web site, Rolling Hills Nextdoor. Following brief discussion, staff was directed to continue to monitor and address the coyote issues. MATTERS FROM STAFF UPDATE ON CALIFORNIA WATER SERVICE COMPANY WATER BUDGET ALLOCATIONS FOR NEW RESIDENTS. (ORAL) City Manager Cruz reported that Cal Water has come up with a process for more fairly assigning water budget numbers to new Rolling Hills' residents. Staff was directed to ask the RHCA to be sure that new residents are provided with Cal Water's contact information. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. CLOSED SESSION None. RETURN TO OPEN SESSION None. ADJOURNMENT Hearing no further business before the City Council, Mayor Pieper adjourned the meeting at 10:43 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, February 22, 2016 beginning at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce City Clerk Approved, Minutes City Council Meeting 02-08-16 DRAFT Jeff Pieper Mayor Minutes City Council Meeting 02-08-16 AGENDA REGULAR MEETING MONDAY, FEBRUARY 8, 2016 7:30 P.M. 1. CALL TO ORDER 2. ROLL CALL 3. 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 - Regular Meeting of January 25, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. er,"0 Ralle:09 gee4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS 4. COMMISSION ITEMS NONE. 5. PUBLIC HEARINGS A. ZONING CASE NO. 869, SUBDIVISION NO. 94, VESTING TENTATIVE PARCEL MAP NO. 72775 — A REQUEST TO SUBDIVIDE AN EXISTING LOT TOTALING 7.05 ACRES GROSS INTO 2 PARCELS OF LAND AS FOLLOWS: PARCEL 1: 3.70 GROSS ACRES, 3.0 NET ACRES; PARCEL 2: 3.34 GROSS ACRES, 2.67 NET ACRES. THE PROPERTY IS CURRENTLY VACANT LOT LOCATED ON THE SOUTH SIDE OF CREST ROAD EAST, KNOWN AS 23 CREST ROAD EAST, (LOT 32 -A -MS), PARCEL NO.: 7567-011-020 IN THE RA -S-2 ZONE, RESIDENTIAL AGRICULTURAL -SUBURBAN 2 -ACRE MINIMUM NET LOT AREA, TO BE IMPLEMENTED BY MR. JIM HYNES. PURSUANT TO CEQA REQUIREMENTS, IT WAS DETERMINED THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT WITH APPLICABLE MITIGATION MEASURES AND THEREFORE, A MITIGATED NEGATIVE DECLARATION HAS BEEN PREPARED. Page 1 of 3 6. OLD BUSINESS A. SECOND READING, WAIVE FULL READING AND ADOPT ORDINANCE NO. 346 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO VIEW PRESERVATION, IN ZONING CASE NO. 881 AND ZONING CODE AMENDMENT NO. 2015-03. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). B. CONSIDERATION OF RESOLUTION NO. 1182 ADOPTING ADMINISTRATIVE REGULATIONS INTERPRETING MEASURE B RELATING TO VIEW PRESERVATION. 7. NEW BUSINESS NONE. 8. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS A. CONSIDERATION OF A REQUEST FROM THE LOS ANGELES COUNTY SOLID WASTE MANAGEMENT COMMITTEE/INTEGRATED WASTE MANAGEMENT TASK FORCE FOR A LETTER OF SUPPORT FOR A LOS ANGELES COUNTY PHARMECEUTICALS AND SHARPS COLLECTION AND DISPOSAL STEWARDSHIP ORDINANCE. B. DISCUSSION REGARDING MOVING THE OPEN AGENDA ITEM ON THE CITY COUNCIL AGENDA TO EARLIER IN THE MEETING. (ORAL) C. COYOTE CONTROL. (ORAL) 10. MATTERS FROM STAFF A. UPDATE ON CALIFORNIA WATER SERVICE COMPANY WATER BUDGET ALLOCATIONS FOR NEW RESIDENTS. (ORAL) 11. PUBLIC COMMENT ON CLOSED SESSION ITEMS NONE. 12. CLOSED SESSION NONE. City Council Agenda 02/08/16 Page 2 of 3 13. RETURN TO OPEN SESSION NONE. 14. ADJOURNMENT Next meeting: Monday, February 22, 2016 at 7:30 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the Deputy City Clerk at (310) 377- 1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. City Council Agenda 02/08/16 Page 3 of 3 DRAFT Agenda Item No. 3-A Meeting Date: 02/08/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, JANUARY 25, 2016 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pieper 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, Mirsch, Wilson and Mayor Pieper. Councilmembers Absent: None. Others Present: Raymond R. Cruz, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Terry Shea, Finance Director. Heidi Luce, City Clerk. Kirt Behera, 12 Ringbit Road East. Lynn Gill, 31 Chuckwagon Road. Norm Miller, 4 Chesterfield Road. Howard Weinberg, Attorney. James Wald, 7 Quail Ridge Road South. Cathy Nichols, 14 Crest Road West. Jim Aichele, 14 Crest Road West. Richard Colyear, 35 Crest Road West. Marcia Schoettle, 24 Eastfield Drive. William Hassoldt, 10 Pine Tree Lane. 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 - Regular Meeting of January 11, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of October, November and December 2015. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for November 2015. RECOMMENDATION: Receive and file. E. Correspondence from Republic Services confirming the following dates for the 2016 bi- annual clean up and shred events in the City of Rolling Hills: April 9 (greenwaste), April 16 (bulky items), April 30 (shred), September 10 (greenwaste), September 17 (bulky items) and September 24 (shred). RECOMMENDATION: Receive and file. Councilmember Black moved that the City Council approve the items on the consent calendar as presented. Councilmember Wilson seconded the motion, which carried without objection. Mayor Pieper suggested taking New Business item 10A pertaining to the Quarterly Investment Report out of order. Hearing no objection, he so ordered. MATTERS FROM STAFF QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING DECEMBER 31, 2015. Finance Director Shea presented the investment report for the quarter ending December 31, 2015. He noted that interest income is down slightly compared to the same quarter from FY 14/15. He further noted that the City funded its Other Post Employment Benefit (OPEB) liability using the Ca1PERS CERBT Strategy 1 and the ending balance is down slightly compared to the previous year with a balance of $490,000; but is up overall when compared to the starting balance of $325,000 when it was funded four years ago. In response to Councilmember Mirsch and Mayor Pro Tem Dieringer, Mr. Shea stated that staff will continue to monitor the fund and if necessary, the funds could be moved to a less aggressive investment strategy if the earnings continue to decline. Mr. Shea further reviewed the schedule of investments, the comparative interest data, the investment allocation summary and liquidity calculation. Following brief discussion, Councilmember Black moved that the City Council receive and file the quarterly investment report for the quarter ending December 31, 2015 as corrected. Mayor Pro Tem Di cringer seconded the motion, which carried without objection. COMMISSION ITEMS None. PUBLIC HEARINGS WAIVE FULL READING AND INTRODUCE ON FIRST READING ORDINANCE NO. 346. AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO VIEW PRESERVATION, IN ZONING CASE NO. 881 AND ZONING CODE AMENDMENT NO. 2015-03. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Pieper introduced the item and asked for staff's comments. Plaiuriiig Director Schwartz stated that the City Council held a public hearing on this ordinance at its January 11th meeting and took public testimony which is summarized in the staff report. She stated that several correspondence have been Minutes City Council Meeting 01-25-16 0 i received since the last meeting and are either attached to the staff report or in the case where it was received after the agenda packet was prepared, placed on the dais. She briefly reviewed the correspondence received and stated that also included with the staff report is a summary of all of the view cases prior to and after Measure B. She further stated that at the last meeting, the City Council proposed to go item by item over each of the proposed changes and a table including the proposed changes is included in the staff report to facilitate that activity. In response to Councilmember Black, Ms. Schwartz stated that there have been 21 view cases since 1988 and a total of 22 trees were ordered to be removed, one of which was a dead tree. Mayor Pieper commented that the objective of these ordinance amendments is to make the ordinance more clear and proved useful tools for the Committee on Trees and Views to use so that the Ordinance can be applied consistently. The City Council then proceeded to review the proposed amendments item by item. 17.12.220 "V" words, terms and phrases Ms. Schwartz reviewed the proposed amendment that adds to the definition that bathrooms, closets, garages and hallways are not considered viewing area and adds a definition for "view corridor" as added to the ordinance by Measure B. Councilmember Black commented that he feels that there are some houses where the house is specifically designed to take advantage of views from bathroom and/or hallways and he feel those items should not be included in the list of exclusions. Discussion ensued concerning the number of "view locations" allowed. Mayor Pro Tem Dieringer suggested that the City Council first consider the number of views that will be allowed and come back to this item after that discussion. 17.26.040(B) Eligibility Mayor Pro Tem Dieringer suggested that only two views be allowed where the second view is completely different and from an opposite direction than the first view. In response to Mayor Pieper, Ms. Schwartz stated that to date, there haven't been any applications seeking to restore multiple views. Discussion ensued concerning properties that have multiples views with homes designed to take advantage of those views. Councilmember Mirsch commented that there is a fairly high threshold to be eligible for view restoration and she feels if an applicant meets the criteria, they should be entitled to the view they had when they purchased their property and the number of views should not be limited. Mayor Pieper commented that the Committee on Trees and Views has never provided panoramic views and the City has always strived to have a balance between trees and views when applying the ordinance. Mayor Pro Tem Dieringer further commented that the word "disjointed" is unclear. Councilmember Mirsch stated that she is in favor of the proposed language. Councilmember Wilson, Councilmember Black and Mayor Pieper concurred. 17.12.220 "V" words, terms and phrases Following discussion concerning the definition of "view", the City Council concurred to eliminate bathrooms and hallways from the list of exclusions. Ms. Schwartz reviewed the proposed definition of "view corridor" and stated that it is necessary to add Minutes City Council Meeting 01-25-16 this definition because Measure B added the term to the Ordinance but did not define it. Following discussion, the City Council concurred that the proposed definition is appropriate. 17.26.010 Intent and purpose. Ms. Schwartz reviewed the proposed changes that would delete the word "panoramic" and add the word "views" to clarify the intent and purpose to be consistent with Measure B. Following brief discussion, the City Council concurred. 17.26.040 Abatement of view impairment — Procedure Ms. Schwartz reviewed the proposed changes that add reference to the definition of "view impairment" in the introductory sentence; clarify the process and submittal requirement for mediation and for a hearing before the Committee on Trees and Views in Paragraph A; and add new Paragraph B to allow a property owner to file an application for view impairment even if there are trees/foliage on their property that contribute to the view impairment and that a person may file against multiple property owners for the same view. Discussion ensued concerning Paragraph B. She reviewed the additional proposed changes in Paragraph C to clarify the mediator's role and provisions for when an agreement is reached in arbitration; and in Paragraph D to clarify the public hearing process and provide a deadline by which an application for a public hearing has to be submitted after the mediator's notice that the mediation is finished and to add the term "without prejudice." Mayor Pro Tem Dieringer suggested removing the term "without prejudice". In response to Councilmember Black, Ms. Schwartz reviewed the application process and associated fees. Discussion ensued concerning the proposed 30 -day deadline for submitting an application after mediation has concluded. Councilmember Black suggested that the time should be 60 or 90 days rather than 30. Mayor Pieper commented that he feels an applicant should not be prohibited from reapplying and that the term "without prejudice" is appropriate. Following additional discussion ensued concerning the 30 day deadline the City Council decided to change the deadline to 60 days and to keep the term "without prejudice." 17.26.050(C) Conduct of Hearing Ms. Schwartz reviewed the proposed change that clarifies what happens during the public hearing proceedings and allows for additional information to be submitted. The City Council concurred with this change. Ms. Schwartz further reviewed the proposed change that provides the Committee on Trees and Views with the discretion to allocate the costs to the applicant or both parties, under certain circumstances when an expert opinion/report is necessary and adding provisions to provide for how such an opinion should be obtained. Councilmember Black expressed opposition to having the tree owner share in the cost for expert services because the process could be stalled if the payment is not received. Mayor Pieper also expressed opposition to shared cost stating that the applicant should bear the cost solely. Councilmember Mirsch concurred. Following discussion, the City Council concurred to eliminate the language that allows the Committee to allocate the cost for expert services to both parties. Mayor Pro Tem Dieringer suggested adding language as shown in the document she distributed at the Minutes City Council Meeting 01-25-16 0 beginning of the meeting, to specify that any expert advice shall be provided by a consulting arborist who is a member of the American Society of Consulting Arborists and the International Society of Arboriculture and sign a certification of performance. She further reviewed the proposed provisions for the certificate of performance. Mayor Pieper expressed concern that there may be multiple associations and how would the City confirm which is the appropriate association. Councilmember Black stated that he likes the proposed provision for the certificate of performance but he too, is not sure about which associations are appropriate. To provide further clarification, City Attorney Jenkins stated that the expert would be selected by the City and it is not necessary to have the requirements in the ordinance but rather direction could be given to staff as to the specifics with regard to the type of expert that should be hired and what should be included in the Scope of Work and Certification of Performance. Discussion ensued concerning the provision recommend by Mayor Pro Tem Dieringer. City Attorney Jenkins further clarified that the City does not place affirmative obligations upon City staff in City ordinances. Following discussion, the City Council concurred to direct staff to use the information provided by Mayor Pro Tem Dieringer when it is necessary to hire an expert. City Attorney Jenkins suggested, in the last paragraph where the issue of abandonment is addressed, to add a third provision that the application can also be considered abandoned if the complainant fails or refuses to provide supplemental information or fails or refuses to pay the cost of the expert services. Following discussion, the City Council concurred. 17.26.050(E) Action Ms. Schwartz reviewed the proposed change that deletes the phrase "and to restore the complainant's view" from the first sentence and adds language that if restorative action is precluded due to various limiting factors, the Committee shall make specific findings to that effect. City Attorney Jenkins clarified that the change to delete the phrase "and to restore the complainant's view" is suggested because the current language suggests an end result that may be no longer possible due to the provisions set forth by Measure B. He stated that the Committee's decision may abate the view impairment but in doing so, may not restore the view and as such, that language should be removed. The City Council concurred with those changes. With regard to the restorative actions listed, Councilmember Mirsch asked if the term "topping" should be removed from the list recognizing that is typically referred to as not a good practice. Mayor Pro Tem Dieringer commented that she feels the term should be eliminated and language should be added that the restoration and type of pruning should be pursuant to the best management practices for tree pruning of the International Society of Arboriculture. Mayor Pieper commented that the ordinance should not prescribe how the tree is to be trimmed; and how the work is done is up to the arborist ultimately hired by the tree owner. Councilmember Black stated the he is not in favor or removing the term "topping." Following brief discussion the City Council decided to leave the term in the ordinance. Mayor Pro Tem Dieringer was opposed. Discussion ensued concerning the various factors that may limit restorative action, including the privacy issue. Following discussion, the City Council concurred to include the proposed added language. 17.26.050(F) Environmental Review. Minutes City Council Meeting 01-25-16 Ms. Schwartz reviewed the proposed change which adds a new paragraph to specify that environmental review pursuant to CEQA requirements shall be conducted by prior to adoption of a final decision and if the project is deemed not to be exempt from CEQA, the complainant shall bear the cost for the environmental review. In response to Councilmember Black regarding CEQA review, City Attorney Jenkins clarified that staff will determine what level of review is necessary and the City does not allow the property owner or tree owner to dictate the level of environmental review. The City Council concurred with the addition. 17.26.050(G) Finality of Decision. Ms. Schwartz reviewed the proposed change, which changes finality of the decision to at 30 days rather than 20 days so that is it consistent with other applications of the Zoning Ordinance. No objection was expressed. 17.26.060(A) Implementation of restorative action. Ms. Schwartz reviewed the proposed change, which clarifies that the complainant pays for the initial restorative action. No objection was expressed. 17.26.060(B) Implementation of restorative action. Ms. Schwartz reviewed the proposed change, which clarifies the date by which restorative action should be done and adds that if additional time is necessary, it must be done within one year. Following brief discussion, no objection was expressed. 17.26.060(C) Implementation of restorative action. Ms. Schwartz reviewed the proposed change, which adds a provision that the cost for subsequent maintenance may be allocated to both parties if the written findings justify such an allocation. Councilmember Mirsch commented that she feels that the cost for all subsequent maintenance should be borne by the tree owners. She further commented that it should not be subjective and she feels that there should be no provision for an alternative cost allocation. Mayor Pro Tem Dieringer commented that she feels there should be a provision to allow for an alternative cost allocation. Mayor Pieper and Councilmember Black concurred with Councilmember Mirsch that there should be no provision for an alternative cost allocation. Following discussion, the City Council deleted the provision for an alternative cost allocation. 17.26.060(D) Implementation of restorative action. Ms. Schwartz reviewed the proposed change, which deletes the language in Paragraph D regarding the implementation method recognizing that these issues are addressed elsewhere in Section 17.26.060 and the language is vague and not applicable. Following brief discussion concerning hedges, no objection was expressed. 17.26.070 Enforcement Minutes City Council Meeting 01-25-16 i Mayor Pro Tem Dieringer commented that many cities issue a decision in view matters, but enforcement of the decision is done by the parties so that the City has no liability. She suggested adding such a clause as Section 17.26.075. Mayor Pieper commented that this matter is part of the indemnification issue which will be discussed later. He further commented that he feels it is the City's responsibility to defend its ordinance. Discussion ensued concerning enforcement and indemnification. Councilmember Black commented that he is opposed to indemnification. Councilmember Mirsch commented that she would like for the City not to be in the tree and view business, but since views are part of the City's General Plan and there is an ordinance in place, the City should have enforcement powers. In response to Mayor Pieper regarding getting out of view matters, City Attorney Jenkins stated that without the existing ordinance, Measure B would not make sense. 17.26.080 Notification of subsequent owners. Ms. Schwartz reviewed the proposed change, which adds clarification that an informational covenant for both properties that would run with the land. She commented that the correspondence from Mr. Weinberg suggests that the covenant should only be recorded against the tree owner's property. City Attorney Jenkins explained the considerations where recording the covenant makes sense for both properties. Following brief discussion, no objection was expressed. 17.26.100 Indemnification (new provision) Following brief discussion and with Mayor Pro Tem Dieringer opposed, the City Council decided to remove the indemnification clause based on the discussion above. Following an explanation by City Attorney Jenkins regarding the procedure for introduction of the ordinance, Mayor Pieper called for public comment limited to two minutes per speaker. Kirt Behera, 12 Ringbit Road East addressed the City Council to express concern that current ordinance as amended by Measure ;B does not allow for restoration of a view that existed when a property was purchased. He further expressed concern that Measure B will cause the city to become a no view city. Lynn Gill, 31 Chuckwagon Road addressed the City Council to further explain the changes he recommended in the correspondence he provided including striking the terms pruning and topping and thinning and replace with words that achieve the same objection ie: crown reduction, crown raising and lacing. Norm Miller, 4 Chesterfield Road addressed the City Council regarding Measure B. Mayor Pieper, explained that Measure B will be discussed later. Mr. Miller further commented that the ordinance should include reference to consulting arborists as suggested by Mayor Pro Tem Dieringer. He further commented that mandatory arbitration should be required to reduce litigation. - Howard Weinberg, Attorney addressed the City Council to suggest the following text changes: 17.26.080 change the word informational covenant to a memorandum of the ordinance; regarding the requirement for additional evidence, the applicant should not be forced to pay for additional evidence. Minutes City Council Meeting 01-25-16 James Wald, 7 Quail Ridge Road South addressed the City Council to ask for clarification as to whether or not the arborist hired by the City is allowed to do the work. He further suggested regarding arborists, that there be more research done as to what is the accepted organization and the public should be able to comment on it. He further suggested that the term topping should be removed from the ordinance and the City should require arbitration to reduce litigation. The City Council discussed the matters raised by the public. With regard to Mr. Weinberg's suggestions, City Attorney Jenkins suggested changing the word covenant to "instrument." Mayor Pro Tem Dieringer suggested using the word "document" instead. The City Council concurred to change the word covenant to document. Discussion ensued concerning Mr. Weinberg's suggestion regarding additional evidence. Following discussion, the City Council concurred to leave the language as proposed by City Attorney Jenkins earlier. Discussion ensued concerning the suggestion that the City require arbitration. City Attorney Jenkins explained the issues associated with mandatory arbitration and enforcement means available to the City. He commented that he feels it is impractical and may not be doable legally. Following discussion, the City Council decided not to add mandatory arbitration. Following public testimony and discussion, Councilmember Mirsch moved that the City Council waive full reading and introduce on first reading Ordinance No. 346 amending Title 17 of the Rolling Hills Municipal Code relating to View Preservation as amended above (shown in bold/italic). Councilmember Wilson seconded the motion, which carried with Mayor Pro Tem Dieringer opposed because it did not incorporate the changes she recommended. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Cathy Nichols, 14 Crest Road West addressed the City Council in opposition to the proposed ordinance pertaining to restrictions on medical marijuana in the City stating that she feels it takes away people's rights granted under the compassionate use act. Richard Colyear, 35 Crest Road West addressed the City Council regarding the proposed ordinance pertaining to medical marijuana stating that he uses some derivative of marijuana for his sheep. Jim Aichele, 14 Crest Road West addressed the City Council in opposition to the proposed ordinance pertaining to restrictions on medical marijuana in the City. He expressed concern that ordinance was not given proper consideration by the Planning Commission because it was presented by the Assistant City Attorney as a matter that required urgent action. Norm Miller, 4 Chesterfield Road addressed the City Council regarding the need for microphones in the Council Chamber, regarding the proposed ordinance pertaining to medical marijuana and regarding how the City Council handles public comment specifically that feedback is not provided when a person provides comments. As an explanation regarding the proposed ordinance pertaining to medical marijuana, City Attorney Jenkins stated that proposed ordinance will be before the City Council next month. He provided the Minutes City Council Meeting 01-25-16 background and reasoning as to why the matter is being brought before the City Council. He stated that nothing in the proposed ordinance will affect the right of a Rolling Hills resident to posses marijuana for personal use; to drive to a dispensary to purchase medical marijuana and bring it into City; or from ordering marijuana online or by phone from a reputable source and having it delivered by US mail, FedEx, UPS or another means. He further stated that the State legislature passed a bill stating that if cities do not act by March 1, certain regulatory authority would be vested in the State and the cities would lose any and all opportunity to regulate under their own police powers. He further explained that the author of the bill has since said that he did not intend to establish the March 1 deadline and there is a bill currently pending in the legislature that would eliminate the deadline. He stated that if the pending bill is passed and signed by the Governor, the City can take its time in considering this matter. He further provided a brief overview of the proposed ordinance as it relates to delivery and cultivation of medical marijuana. OLD BUSINESS CONSIDERATION OF RESOLUTION NO. 1182 ADOPTING ADMINISTRATIVE REGULATIONS INTERPRETING MEASURE B RELATING TO VIEW PRESERVATION. Mayor Pieper suggested that this matter be further continued so that the item can be given proper consideration. Hearing no objection, consideration of this matter was continued to the next- regular meeting of the City Council scheduled to be held on February 8, 2016 beginning at 7:30 p.m. in the Council Chamber at Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. NEW BUSINESS None. MATTERS FROM STAFF WILLDAN ENGINEERING ANNUAL UPDATE. (ORAL REPORT) Planning Director Schwartz reported that since 2008, Willdan Engineering has provided building and safety services for 25 projects — 11 of which are complete and the remainder of which are in plan check or being constructed. She noted that Willdan provided services for multiple projects at three properties. RESIDENTIAL BURGLARY UPDATE. (ORAL REPORT) Regarding the status of adding an additional SAT Detective to the Regional Law Enforcement Contract, City Manager Cruz reported that the two other cities in the Regional Law Contract have approved the proposal and the objective is to have the additional detective in place in a month. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS Mayor,Pieper suggested that the City Council test starting the meetings at an earlier time beginning in March. Following brief discussion, staff was directed to notify residents via the citywide newsletter that beginning with the March 14th City Council meeting, the start time will be moved to 7:00 p.m. In response to Councilmember Black regarding the water usage reductions imposed by the State, City Minutes City Council Meeting 01-25-16 Manager Cruz stated that the City has submitted several comment letters and is continuing to monitor the status of the issue. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. CLOSED SESSION None. RETURN TO OPEN SESSION None. ADJOURNMENT Hearing no further business before the City Council, Mayor Pieper adjourned the meeting at 10:43 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, February 8, 2016 beginning at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce City Clerk Approved, Jeff Pieper Mayor _Minutes City Council Meeting 01-25-16 ge't Re&:09 qeek INCORPORATED JANUARY 24, 1957 AGENDA REGULAR MEETING NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS MONDAY, JANUARY 25, 2016 7:30 P.M. 1. CALL TO ORDER 2. ROLL CALL 3. 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. B. C. D. E. Minutes - Regular Meeting of January 11, 2016. RECOMMENDATION: Approve as presented. Payment of Bills. RECOMMENDATION: Approve as presented. Financial Statement for the Month of October, November and December 2015. RECOMMENDATION: Approve as presented. Allied Recycling Tonnage Report for November 2015. RECOMMENDATION: Receive and file. Correspondence from Republic Services confirming the following dates for the 2016 bi- annual clean up and shred events in the City of Rolling Hills: April 9 (greenwaste), April 16 (bulky items), April 30 (shred), September 10 (greenwaste), September 17 (bulky items) and September 24 (shred). RECOMMENDATION: Receive and file. 4. COMMISSION ITEMS NONE. 5. PUBLIC HEARINGS A. WAIVE FULL READING AND INTRODUCE ON FIRST READING ORDINANCE NO. 346. AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO VIEW PRESERVATION, IN ZONING CASE NO. 881 AND ZONING CODE AMENDMENT NO. 2015-03. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Page 1 of 2 6. OLD BUSINESS A. CONSIDERATION OF RESOLUTION NO. 1182 ADOPTING ADMINISTRATIVE REGULATIONS INTERPRETING MEASURE B RELATING TO VIEW PRESERVATION. 7. NEW BUSINESS NONE. 8. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS 10. MATTERS FROM STAFF A. QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING DECEMBER 31, 2015. B. WILLDAN ENGINEERING ANNUAL UPDATE. (ORAL REPORT) C. RESIDENTIAL BURGLARY UPDATE. (ORAL REPORT) 11. PUBLIC COMMENT ON CLOSED SESSION ITEMS NONE. 12. CLOSED SESSION NONE. 13. RETURN TO OPEN SESSION NONE. 14. ADJOURNMENT Next meeting: Monday, February 8, 2016 at 7:30 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the Deputy City Clerk at (310) 377- 1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. City Council Agenda 01/25/16 Page 2 of 2 DRAFT Agenda Item No. 3-A Meeting Date: 01/25/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, JANUARY 11, 2016 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pieper 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, Mirsch, Wilson and Mayor Pieper. Councilmembers Absent: None. Others Present: Raymond R. Cruz, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Terry Shea, Finance Director. Heidi Luce, City Clerk. Wendy Starks, Associate Planner. William Hassoldt, 10 Pine Tree Lane. Lynn Gill, 31 Chuckwagon Road. Norm Miller, 4 Chesterfield Road. Howard Weinberg, Attorney. Roger Hawkins, 37 Crest Road West. Tina Greenberg, 32 Portuguese Bend Road. Marcia Schoettle, 24 Eastfield Drive. Jim Aichele, 14 Crest Road West. Tom Heinsheimer, 7 Johns Canyon Road. John Blazevich, 1 Buggy Whip Drive. Spencer Karpf, 8 Maverick Lane. Richard Colyear, 35 Crest Road West. John Nunn, 1 Crest Road West. V'Etta Virtue, 4 Maverick Lane. 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 November 9, 2015 and (2) Regular Meeting of November 23, 2015. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Consideration of the City Council Approved Vendor List. RECOMMENDATION: Approve as presented. D. Consideration of Fiscal Year 2016/2017 Budget Preparation Calendar. RECOMMENDATION: Approve as presented. E. City Council Finance/Budget/Audit Committee meeting notes of December 17, 2015. RECOMMENDATION: Receive and file. Councilmember Black moved that the City Council approve the items on the consent calendar as presented. Mayor Pro Tem Dieringer seconded the motion, which carried without objection. Mayor Pieper suggested taking New Business items 7A and 7B pertaining to the Audit Report and consideration of opening a new checking account out of order. Hearing no objection, he so ordered. NEW BUSINESS CONSIDERATION OF THE 2014-15 ANNUAL FINANCIAL AUDIT. Mayor Pieper introduced the item and asked for staff's comments. Finance Director Shea presented the Comprehensive Annual Financial Report (CAFR) stating that the auditors have provided an independent report to the City Council along with the CAFR which provides an unmodified opinion which is the highest level of assurance that the auditors can give. He noted that there was a significant change in the report this year as required by the Governmental Accounting Standards Board (GASB) which mandated that City record its unfunded Ca1PERS pension liability (GASB 68). He further reviewed Statement of Net Positions noting that the net pension liability is shown at $421,924 as of June 30, 2014. Councilmember Black commented that the number reported is inaccurate because it is based on an inaccurate rate of return. Mr. Shea further stated that the City's total net position is $6.5 million and unrestricted of $4.8 million and then reviewed the Governmental Fund balances as well as the statement of revenues and expenditures. Brief discussion ensued concerning the City's unfunded pension liability and the actual rate of return which is lower and would result in a higher liability. Following brief discussion, Mayor Pro Tem Dieringer moved that the City Council receive and file 2014- 15 Comprehensive Annual Financial Report. Councilmember Black seconded the motion, which carried without objection. CONSIDERATION OF OPENING AN INTEREST NOW CHECKING ACCOUNT WITH OPUS BANK. Mayor Pieper introduced the item and asked for staff's comments. Finance Director Shea presented the staff report which recommends that the City Council authorize the City Manager to open a new checking account at Opus Bank in order to increase the City's investment. He stated that the City is currently involved in a Certificate of Deposit Account Registry (CDAR) through Malaga Bank but the rate of return has dropped from .65% to .25%. He stated that Opus Bank will guarantee the City a rate of .65% if $1,000,000 is invested for a 1 -year term. Mr. Shea further reviewed Opus Bank's collateralization. Minutes City Council Meeting 01-11-16 Following brief discussion concerning the collateralization and other investment options, Councilmember Black moved that the City Council authorize the City Manager to open an Interest Now Checking Account with Opus Bank and deposit $1,000,000 of the City's funds into the account. Councilmember Wilson seconded the motion, which carried without objection. COMMISSION ITEMS RESOLUTION NO. 2015-23. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR AN ADDITION AND CONSTRUCTION OF A POOL EQUIPMENT ENCLOSURE ON A PROPERTY WITH RESTRICTED DEVELOPMENT CONDITION; GRADING FOR A GUEST PARKING AREA AND VARIANCES TO LOCATE THE EQUIPMENT ENCLOSURE IN THE FRONT YARD AREA OF THE SITE, TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE, AND TO LOCATE A PORTION OF A 3' HIGH RETAINING WALL WITHIN THE SIDE YARD SETBACK IN ZONING CASE NO. 884 AT 13 OUTRIDER ROAD, (LOT 94-A-EF), ROLLING HILLS, CA, (HANG JA YOO). Mayor Pieper introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request in Zoning Case No. 884 at 13 Outrider Road to construct a parking area off an existing driveway, to add to an existing residence and to relocate the existing pool equipment to the front of the property. She reviewed the configuration of the lot and the existing structures on the property. She stated that this request, except for the variance, was brought before the Planning Commission because this property has condition that any further development be brought before the Planning Commission for review. She stated that the Planning Commission approved the applicant's request on a 5-0 vote with conditions that the area between the parking space and the roadway easement be planted to soften its appearance. Councilmember Black moved that the City Council receive and file Planning Commission Resolution No. 2015-23 granting approval of the applicant's request in Zoning Case No. 884 at 13 Outrider Road. Councilmember Mirsch seconded the motion, which carried without objection. RESOLUTION NO. 2015-25. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT AND A SITE PLAN,. REVIEW TO FILL IN AND CONVERT AN EXISTING CABANA TO A GUEST HOUSE'AND TO CONSTRUCT A RAISED DECK AT 7 CREST ROAD EAST IN ZONING CASE'NO. 891 (LOT 3 -FT), ROLLING HILLS, CA. (DOTY). Mayor Pieper introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request in Zoning Case No. 897 at 7 Crest Road East to convert an existing cabana and covered porch to a guesthouse. She stated that the applicant is also proposing to convert a raised planter to a raised deck which will be 3 ft. out of grade. She further reviewed the applicant's request for a 319 sq. ft. trellis with a lighted outdoor kitchen area and stated that the applicant also asked the Planning Commission to determine if the proposed lighting under the proposed trellis meets the intent of the Zoning Ordinance. She stated that the Zoning Ordinance specifically lists permitted lighting but has a provision that can, with a hearing, determine if lighting not specifically listed meets the intent of the Ordinance. She stated that the Planning Commission approved the applicant's request on a 5-0 vote and found the lights to Minutes City Council Meeting 01-11-16 be not obtrusive and to meet the intent of the Ordinance. Discussion ensued concerning the proposed lighting, with Councilmember Black suggesting that the City's ordinance should be based on lumens rather than wattage. In response to Mayor Pro Tem Dieringer, Planning Director Schwartz stated that if there are any complaints from neighbors about the lights, such complaints would be handled as a code enforcement item. Following brief discussion concerning the proposed lighting, Councilmember Black moved that the City Council receive and file Planning Commission Resolution No. 2015-25 granting approval of the applicant's request in Zoning Case No. 891 at 7 Crest Road East. Councilmember Mirsch seconded the motion, which carried without objection. PUBLIC HEARINGS AT THE REQUEST OF THE APPLICANT, THE PUBLIC HEARING IN ZONING CASE NO. 880 WILL BE CONTINUED TO A DATE TO BE SELECTED AT THIS MEETING. ZONING CASE NO. 880 - REVISED. REQUEST FOR A SITE PLAN REVIEW AND VARIANCES FOR A 280 SQUARE FOOT ADDITION OF WHICH 41 SQUARE FEET WOULD ENCROACH UP TO 5.2' INTO THE SIDE YARD SETBACK, AND THE ROOF OVERHANG WOULD ENCROACH 3.8' INTO THE SIDE YARD SETBACK BEYOND THE MAXIMUM OF 5' ALLOWED, AND FOR A RETAINING WALL THAT WOULD BE 20' LONG, BETWEEN 3' TO 5' HIGH AND WHICH WOULD NOT AVERAGE OUT TO 2.5' IN HEIGHT TO ENCROACH 10' INTO THE SIDE YARD SETBACK IN ZONING CASE NO. 880 - REVISED, AT 15 PORTUGUESE BEND ROAD (LOT 78-RH), ROLLING HILLS, CA, (HASSOLDT). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301, CLASS 1 EXEMPTION. At the request of the applicant, consideration of this item was continued to a regular meeting of the Rolling Hill City Council scheduled to be held on Monday, February 22, 2016 beginning at 7:30 p.m. in the Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. AT THE REQUEST OF THE PARTIES, THE PUBLIC HEARING ON THE APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CTV WILL BE CONTINUED TO A DATE TO BE SELECTED AT THIS MEETING. CONSIDERATION OF TWO APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CTV SETTING FORTH FINDINGS RELATING TO TRIMMING OF TREES AT 15 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT FROM 18 PORTUGUESE BEND ROAD. At the request of the parties, consideration of this item was continued to an adjourned regular meeting of the City Council scheduled to be held on Monday, February 22, 2016 beginning at 7:00 a.m. for the purpose of conducting a site visit to 15 Portuguese Bend Road and 18 Portuguese Bend Road, Rolling Hills, California. Minutes City Council Meeting 01-11-16 Recognizing that it was 8:00 p.m., Mayor Pieper called for the open agenda. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. PUBLIC HEARINGS (CONTINUED) CONSIDERATION OF AN ORDINANCE NO. 346. AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO VIEW PRESERVATION, IN ZONING CASE NO. 881 AND ZONING CODE AMENDMENT NO. 2015-03. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). AND Mayor Pieper introduced the item and called for staff's comments. Planning Director Schwartz stated that some correspondence was received since the dissemination of the agenda packet and copies of those documents have been placed on the dais and made available to the public. She stated that there is an error in the staff report on p. 6 where Mr. Schoettle is misquoted and shown at the wrong address. Planning Director Schwartz stated that there are two items related to view preservation on tonight's agenda — the first is a proposed Zoning Code Amendment and tiie second is interim elation of Measure B. She further stated that the proposed ordinance does not change the language of Measure B because it cannot be changed except for by a vote of the people. She reviewed the history behind the current View Preservation Ordinance noting that the Planning Commission held several public forums and was discussing amending the Ordinance in early 2012 but was directed to suspend that activity due to a proposed ballot measure set to be placed on the ballot in March 2013. She reviewed the provisions set forth by Measure B that was adopted by the voters in March 2013 and stated that following its adoption, it was determined that some of the provisions it set forth were ambiguous and needed definition. She further stated that because of these factors, in July 2014, the City Council appointed an ad hoc committee consisting of Mayor Pieper and Mayor Pro Tens Dieringer to review the Ordinance and discuss how Measure B should be interpreted. Following the ad hoc committee's discussion, recommendations for changes to the Ordinance were forwarded to the Planning Commission for review and public hearing. Ms. Schwartz stated that the proposed Ordinance mostly corrects typographical errors and defines and clarifies the Ordinance. She stated that during its deliberations about the ordinance amendments, the ad hoc committee agreed on most of the amendments but there were two items for which they did not come to agreement - the first being indemnification and the second being cost allocation of maintenance costs after initial renredialion. Subsequently, the Planning Commission was directed to review and discuss the proposed amendments as well as the two items regarding indemnification and maintenance costs. Following several public hearings and lengthy deliberation, the Planning Commission agreed with the Ad Hoc Committee's proposed revisions to the Ordinance and determined that the ordinance should provide indemnification for the City and that the subsequent maintenance cost should be borne by the tree owner but the Ordinance should give the Committee on Trees and Views discretion to allocate the costs between the two parties if finding can be made to warrant such an arrangement as presented in the proposed Ordinance. She further stated that the staff report also includes a summary of the public testimony as well Minutes City Council Meeting 01-11-16 as the minutes from the Planning commission meetings where this item was discussed. She stated that the staff report contains the proposed ordinance as well as a table showing the existing ordinance compared to the proposed ordinance along with comments regarding the amendments. She further reviewed the items contained in the staff report including a matrix of other cities' ordinances. Mayor Pro Tem Dieringer clarified that during the ad hoc committee's discussion regarding the ability of an applicant to have multiple views that it was her opinion that the number of views should be limited to two distinct view positions and not unlimited views. Planning Director Schwartz stated that the item Mayor Pro Tem Dieringer is referring to can be found on page 33 in Paragraph B and she read the language as proposed referring to multiple views. Mayor Pro Tem Dieringer stated that it should be made clear that the recommendation is from the Planning Commission not the ad hoc committee. Mayor Pieper called for public comments relative to the proposed ordinance amendment. William Hassoldt, 10 Pine Tree Lane addressed the City Council stating that he is in favor of view corridors not views from every window. Lynn Gill, 31 Chuckwagon Road addressed the City Council suggesting that rather than amending/fixing the existing ordinance the City Council should adopt a new ordinance similar to the one adopted by the City of Rolling Hills Estates. He further stated that he drafted an ordinance based on the Rolling Hills Estates' ordinance and provided it for the Planning Commission and City Council's consideration. Norm Miller, 4 Chesterfield Road addressed the City Council stating that there is no way to satisfy all of the parties in view related disputes and it is not possible to define what the best "view corridor' is. Howard Weinberg, Attorney addressed the City Council to offer suggestions with regard to the proposed text of the ordinance as follows: in the definition of view corridor, include a threshold by adding language that provides that all of the view corridors in a restored view are not less than 70% or 75% of preexisting view breadth that existed before the action was taken; in Section C (circle page 35) and Section C (circle page 36) where automatic termination of an application takes place when certain events don't occur to add language that if such termination is to occur that it is without prejudice to the applicant to reapply; in Paragraph B (circle page 39) where it gives 90 days for the remediation to be done or if additional time is required by an expert at the earliest date recommended, to add an outside threshold date not later than 9 or 12 months; and in Paragraph C (circle page 39) to strike the added language that allows for an alternative cost allocation for ongoing maintenance. Roger Hawkins, 37 Crest Road West addressed the City Council to suggest that that the City Council should remain neutral and stay out of view disputes; leaving it to the residents to resolve view issues so that the City's litigation liability is reduced. Tina Greenberg, 32 Portuguese Bend Road addressed the City Council in agreement with Mr. Hawkins. Marcia Schoettle, 24 Eastfield Drive addressed the City Council in agreement with Mr. Hawkins. Jim Aichele, 14 Crest Road West addressed the City Council also in agreement with Mr. Hawkins and stated that the City should stay out of the financial part of view issues. Minutes City Council Meeting 01-11-16 Hearing no further public comment, Mayor Pieper asked for comments from the City Council. Mayor Pro Tem Dieringer suggested an amendment to the proposed ordinance on circle page 34 pertaining to the definition of "View Corridors" to change language so that it doesn't allow for "an unlimited number of views" but rather is limited to a maximum of two distinct views listed in the view provision if the views are from opposite directs such as north/south or east/west. Councilmember Black commented that he thought with the passage of Measure B the City's current ordinance was supplanted by Measure B. In response, City Attorney Jenkins stated that Measure B only affected a few distinct sections of the Ordinance and left the rest in tact. He further stated that if the intent was to repeal the rest of Ordinance then the language should have said so but since it did not the remainder of the Ordinance remains in effect. Discussion ensued concerning the issue of indemnification. Mayor Pieper commented that he does not feel the City should require indemnification because it is the City's role to protect its residents. Councilmember Black concurred stating that sometimes it is the role of City government to stand up for the little guy. He also stated that he feels the City should continue to have a view ordinance and not get out it as was suggested. Mayor Pieper concurred. Further discussion ensued concerning whether or not the City should have a view ordinance. Councilmember Mirsch commented that she feels that both trees and views are important and it is not a matter of one or the other. She further commented that the intent of the Ordinance is to balance both sides of the issue — trees and views — and it is incumbent upon the City Council to continue with a View Ordinance if both trees and views are an asset and value to the Community as stated in the General Plan. She further commented that she feels that if the City is going to have a View Ordinance that it is not right to ask someone who chooses to avail themselves of the Ordinance to indemnify the City. Mayor Pro Tem Dieringer suggested that there is a third option where the City would make an adjudicatory decision but enforcement of the decision would be up to the parties. Discussion ensued concerning using such a process. Mayor Pro Tem Dieringer further suggested that the City could also set up a fund where the residents could apply for assistance with legal costs associated with enforcement of the View Ordinance. Councilmember Black and Mayor Pieper commented that the City cannot use public funds for such a purpose. Mayor Pieper further commented that he feels it is necessary for the City to have a View Ordinance and he feels that the Ordinance is balanced and takes both trees and views into consideration and does not indiscriminately remove trees. Mayor Pro Tem Dieringer stated that she feels there may be a better alternative and she feels that the City Council needs to be guardians of the public trust and protect the City's resources. Further discussion ensued concerning the indemnification issue and the legal process used for challenging the City's decision. In response to Councilmember Mirsch with regard the intent and purpose of the Ordinance as shown in Section17.26.010, City Attorney Jenkins clarified that canyons, vistas and hillsides may be considered views as defined in Section 17.12.220 which includes "a visually impressive scene or vista not located in the immediate vicinity of the residence." Councilmember Mirsch also commented with regard to allocation of maintenance costs that she feels there should be as few instances as possible where it is up to the Committee (or the City Council) to determine Minutes City Council Meeting 01-11-16 who should pay for the maintenance costs. She stated that she feels the people should know going into the process what the expected costs will be. She further stated that she feels that if it has been determined that the view seeker is entitled to a view and has paid for the initial remediation, then the tree owner should pay for the ongoing maintenance. Mayor Pieper asked for the City Council's comments with regard to Mr. Weinberg's suggested text changes stating that he feels the suggestions are reasonable. He stated that he feels it is reasonable in Section 17.26.060(B) to allow up to one year for the restorative action to be completed; and in Section 17.26.040(D) and 17.26.050(C) to add language such that the withdrawal referred to is done "without prejudice to the applicant to reapply." Discussion ensued concerning limiting the ability for the applicant to reapply. City Attorney Jenkins clarified that the intent was to deem an application withdrawn if the applicant is not actively pursuing the compliant after 180 days and it was never intended to imply that the applicant could not reapply. He further commented that he does not feel that adding the language "without prejudice to filing a subsequent application" is inconsistent with the intent. Following further discussion, the City Council concurred to add that language. Councilmember Black commented that he is not ready to vote on introduction of the ordinance. Following brief discussion the City Council decided that the best course of action in addressing the ordinance changes would be to go over each of the proposed changes point by point. Following discussion, the public hearing for deliberation on this mater and consideration of introduction of the Ordinance was continued to the next regular meeting of the City Council scheduled to be held on Monday, January 25, 2016 beginning at 7:30 p.m. in the Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California at which time, the City Council will review each of the proposed changes. CONSIDERATION OF RESOLUTION NO. 1182 ADOPTING ADMINISTRATIVE REGULATIONS INTERPRETING MEASURE B RELATING TO VIEW PRESERVATION. Mayor Pieper introduced the item for consideration and asked for staff's comments. Planning Director Schwartz stated that as part of the discussion pertaining to revisions to the View Ordinance, the City Council ad hoc committee also discussed and considered items relative to the interpretation of Measure B and suggested some language for the Planning Commission to review and discuss. She stated that the Planning Commission recommends adoption of this Resolution which provides an interpretation of Measure B so that it can be uniformly applied to all view cases before the Committee on Trees and Views. Ms. Schwartz further reviewed the items related to the interpretation of Measure B that were discussed by the ad hoc committee including, panoramic vs. corridor views; what constitutes acquisition of property; the definition of mature vs. maturing trees; what constitutes clear and convincing evidence; and retroactivity. She stated that the ad hoc committee in addressing the panoramic vs. view corridor issue, recommended that word panoramic be removed from the intent section of the Ordinance thus not needing interpretation. With regard to burden of proof, it was determined that the issue did not require any further definition or interpretation. The ad hoc committee also concurred that the previous cases decided by the Committee on Trees and Views or the City Council are not enforceable under the old ordinance and would need to come back to the Committee on Trees and Views under the provisions set forth in measure B. Minutes City Council Meeting 01-1 1-16 For the two remaining issues, acquisition of property and mature vs. maturing, the Planning Commission discussed those two matters at length and made the recommendations presented in the Resolution. She reviewed the recommendation for the question of acquisition of property as presented on page 6 of the staff report stating that an inheritance does not constitute a change in ownership but a sale of a property does. She further stated that there was lengthy discussion regarding properties that are place in trust and recommended that placement into a revocable trust is not an acquisition, but placement into an irrevocable trust or the change from revocable to irrevocable is an acquisition as is consistent with tax regulations. With regard to the definition of mature, the Planning Commission also discussed this matter at great length and after receiving four separate reports from arborist (during deliberation on a current case) that did not concur, ultimately decided the definition should use Sunset Western Garden Book as a reference using the highest height in the height range shown. She further stated that the Planning Commission also discussed trees that had been previously trimmed to maintain a view and determined that such trees should not be considered mature. She stated that the ad hoc committee in its discussion of this issue also agreed that the Sunset Western Garden Book should be used as a reference but did not concur as to which height to use. She further stated that in his correspondence, Mr. Gill suggests using 75% of the average height as shown in Sunset Western Garden Book. Mayor Pieper asked Mayor Pro Tem Dieringer to explain the documents that she provided that were placed on the dais and made,available to the public. Mayor Pro Tem Dieringer stated that the documents include all of the material that was disseminated to the voters because. legally the City would be bourul l,y those material if the matter goes to court and any decision made in the interpretation should be consistent with those materials. I response to Mayor Pieper, City Attorney Jenkins stated that the reason these mailers were examined was because there wasn't' anything in the election related materials that further explained the issues before the City Council. He further stated that the interpretation has to be reasonable and it has to be consistent with Measure B to the extent that Measure B is ambiguous or does not provide guidance. Mayor Pieper noted that several e-mail correspondence were received one of which was against the interpretation and 17 in concurrence with the interpretation. Mayor Pro Tem Dieringer noted that the e - mails in favor appear all to be the same. In response to Mayor Pro Tem Dieringer, Planning Director Schwartz stated that the Planning Commission did not consult with an arborist to assist in determining the definition of mature; however, the Planning Commission did use the definition used by the International Society of Arboriculture. Mayor Pieper called for public comment. Tina Greenberg, 32 Portuguese Bend Road addressed the City Council stating that she does not feel that there is any evidence to support the notion that if a tree has been previously trimmed it is no longer considered a mature tree. She stated that the intent of Measure B was to ensure that a tree that was fully grown and already in the view could not be cut down. Lynn Gill, 31 Chuckwagon Road addressed the City Council stating that he submitted a letter with regard Minutes City Council Meeting 01-11-16 to the maturity issue. In summary of the letter, he stated that maturity should not defined as the top of the height range. He suggested instead using the 75% rule as explained in his letter. Tom Heinsheimer, 7 Johns Canyon Road addressed the City Council to express appreciation to all the people involved in this complicated process. He stated that because of Measure B, the City is no longer in a position to decide whether or not the City should be involved in view issues but instead, needs to resolve the ambiguities of Measure B. Marcia Schoettle, 24 Eastfield Drive addressed the City Council to express her opposition to the notion that if a tree has been previously trimmed it is no longer considered a mature tree. She stated that she does not feel the staff report accurately provide the history of the view related discussions in that it does not mention that in November 2011 a group of residents were concerned that new residents were purchasing houses that did not have a view and forcing their neighbors to cut their trees and asked to be heard but were not given the opportunity to be heard. She further expressed concern regarding a post card opposing Measure B that was sent to all residents by the Rolling Hills Community Association. John Blazevich, 1 Buggy Whip Drive addressed the City Council stating that views are about money and if someone wants a view then they should pay the money to purchase a property that has a view instead of purchasing a property without a view and forcing their neighbors to cut their trees. He suggested keeping Measure B simple. Spencer Karpf, 8 Maverick Lane addressed the City Council expressing his agreement with Mrs. Schoettle, Mr. Blazevich and Dr. Gill's comments. He stated that the City Council needs to continue to be responsive to the residents and expressed concern that lawsuits will arise if it is not. Richard Colyear, 35 Crest Road West addressed the City Council stating that he is the author of Measure B and leading up to the election when asked about the acquisition date, he told people the following: "If a title company is asked to identify the current owner of the complaining property, and asked to identify the recording date of the instrument establishing that ownership every inquiry will obtain the same recording date and eliminate any ambiguity." P.'• 'ice._• •. William Hassoldt, 10 Pine Tree Lane addressed the City Council and.submitted a letter for the record regarding the definition of mature. He read the letter which, in summary stated that the proposed definition of maturity is inconsistent with the law and common sense and represents an effort to thwart the will of the voters. Howard Weinberg, Weinberg & Associates addressed the City Council on behalf of the Nuccions at 18 Portuguese Bend Road and submitted a letter for the record from Sharon Lily with the International Society of Arboriculture which addressed the maturity issue and in summary defines mature height as the maximum height the plant is likely to reach if the conditions of the planting site are favorable. He suggested that it is appropriate for the City Council to adopt the regulations as proposed by the Planning Commission. He further suggested some text changes to the regulations as follows: Section 1001 Paragraph A add except as modified in these regulations; Paragraph C remove the language "or the revocable trust became irrevocable"; and Section 2003 to change the word none in the first sentence to the word any. Minutes City Council Meeting 01-11-16 Mike Schoettle, 24 Eastfield Drive addressed the City Council with regard to the definition of maturity and suggested that the City Council use the middle part of the curve as shown in the documents Dr. Gill provided. John Nunn, 1 Crest Road West addressed the City Council with regard to the definition of maturity stating that the maximum height should not be used given the City does not have ideal conditions for growing trees especially given the recent drought. He suggested instead using an average. He further expressed concern that the City and the Rolling Hills Community Association favor the creation of views versus someone who has trees and funds one neighbor over another if a lawsuit results. Norm Miller, 4 Chesterfield Road addressed the City Council stating that is was his understanding that Measure B was to supplant the ordinance. He stated that a person should get the view they came in with and views should not be created that did not exist when a property was purchased. He further stated that it s illogical to tell someone they cannot have the view they purchased. Jim Aichele, 14 Crest Road West addressed the City Council to express his opposition to the notion that if a tree has been previously trimmed it is no longer considered a mature tree. He further commented that the definition of mature height should be at the minimum height or instead use age. Mr. Blazevich asked if there is a report available that provides the number of complaints that have been received. V'Etta Virtue, 4 Maverick Lane addressed the City Council regarding the definition of maturity to suggest that age or how long someone has had a tree should be used instead of height because given the planting conditions, many trees may not reach their potential height. She further suggested that specimen trees should be exempt. Mr. Karpf stated that there is place near Mendocino called Van Damme State Park where there is a forest of fully mature Douglas Fir type trees that are no taller than him because the hard pan is close to the surface. Hearing no further public comment, Mayor Pieper closed the public hearing. In response to Mayor Pieper, 'City Attorney Jenkins stated that if the City is sued over its interpretation, the interpretation can be used while the lawsuit is pending. Mayor Pieper explained that as Measure B was written, it is difficult for the Committee on Trees and Views to apply so either the City Council needs to provide an interpretation or alternatively, place another measure on the ballot resolve the issue. Councilmember Mirsch suggested that even if another ballot measure is placed on the ballot, there still need to be some interpretation of Measure B in the meantime so that the City can apply the existing ordinance. Mayor Pro Tem Dieringer concurred with Councilmember Mirsch and stated that any interpretation of Measure B should be done in such a way to discourage litigation and should rely on factual information Minutes City Council Meeting 01-11-16 Cl) and as Measure B states the definition of mature/maturing should be based on the industry standards predominately accepted by arborists. She further stated that she contacted the National Arborist Association and was told that they use the book An Illustrated Guild to Pruning (3'd Edition) by Edward F. Gillman as a reference and in that book mature is defined as when a tree reaches 75% of its maximum attainable height. She suggested that the City should contract with a consulting arborist certified by the Association of Consulting Arborist so that if the matter goes to court there is an expert opinion to rely on. With regard to using tax law as a basis for determining acquisition, Mayor Pro Tem Dieringer suggested that the matter needs further study and discussion. Brief discussion ensued concerning the matter related to acquisition with Councilmember Mirsch and Mayor Pieper concurring with the Planning Commission's recommendation. Councilmember Wilson expressed concern that the defining maturity is going to be a very difficult task because there are so many varying opinions. He commented that he is also concerned about the Planning Commission's recommendation trees that were previously trimmed are not considered mature. Councilmember Black commented that he sees the ambiguities and the difficulty defining and interpreting some if the issues, but he does not feel inclined to fix it and suggested that it be fixed by a ballot measure. Mayor Pieper commented that his interpretation of the way Measure B was positioned to the voters was that the view you bought is the view you get, which makes sense. But, in actuality, that is not true because of the provision which disallows panoramic views in favor of corridor views. Discussion ensued concerning the definition of mature and this issues surrounding deeming a tree that had been previously,trimmed not mature. City Attorney Jenkins commented that the goal is not to hire someone to tell the City Council what the rules should be so that that person could testify in court. He sated that if there is a need for someone to testify in court the testimony should be that the rule the City Council adopted is a reasonable interpretation of the word mature based on existing literature. He stated that there is no one arborist that can give the one right answer; but rather from the variety of information received, the City Council's job is to review that information and choose one that is reasonable for implementing Measure B. Following further discussion, deliberation on this matter was continued to the next regular meeting of the City Council scheduled to be held on Monday, January 25, 2016 beginning at 7:30 p.m. in the Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. OLD BUSINESS None. NEW BUSINESS (CONTINUED) DISCUSSION TO APPROPRIATE FUNDS IN CONCURRENCE WITH THE PERCENTAGES IDENTIFIED WITHIN THE PENINSULA REGIONAL LAW ENFORCEMENT CONTRACT IN ORDER TO ADD ONE SURVEILLANCE AND APPREHENSION TEAM (SAT) DETECTIVE. Minutes City Council Meeting 01-11-16 Mayor Pieper introduced the item and asked for staff's comments. City Manager Cruz presented the staff report which recommends that the City Council appropriate funding with the two other member cities of the Palos Verdes Peninsula Regional Law Enforcement Committee to add on additional Surveillance & Apprehension Team (SAT) Detective to the contract with the Los Angeles County Sheriff's Dept. in order to combat the increase in burglaries Peninsula wide. He further reviewed the crime statistics as well as the cost distribution amongst the three cites for the additional SAT detective. Following brief discussion, Mayor Pro Tem Dieringer moved that the City Council appropriate $7,340 for an additional SAT Detective through FY 16/17 and thereafter $10,698 annually beginning in FY 17/18 for the additional SAT Detective to be contracted with Los Angeles County Sheriff's Dept. through the Palos Verdes Peninsula Regional Law Enforcement agreement. Councilmember Wilson seconded the motion, which carried without objection. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS DISCUSSION REGARDING MOVING THE START TIME OF CITY COUNCIL MEETINGS TO 6:30 P.M. (ORAL REPORT) Mayor Pieper suggested that City Council consider moving the start time of the City Council meeting to 6:30 p.m. in instead of 7:30 p.m. so that the meetings conclude earlier. Following brief discussion and with Councilmember Black expressing concern that the meetings will just go longer not end any earlier, no action was taken. Mayor Pieper asked Councilmember Black to further consider this recommendation and if he is in favor, inform the City Manager so the matter can be agendized again. OTHER MATTERS FROM THE CITY COUNCIL Mayor Pieper suggested that the City look into acquiring assisted listening devices for residents that have difficulty hearing. Councilmember Black suggested that instead of wattage, lumens be used in the City's Outdoor Lighting Ordinance. Staff was directed to include that change with the next update to the Zoning Ordinance. Councilmember Mirsch asked for a report from the Fire Fuel Ad Hoc Committee regarding the status of the Community Wildfire Protection Plan. MATTERS FROM STAFF RESIDENTIAL BURGLARY UPDATE. (ORAL REPORT) City Manager Cruz reported that the supplemental burglary patrol has concluded. He further reported that according to the Sheriff's Dept., the two recent burglaries on Maverick Lane and Caballeros Road do not appear to be related to the previous burglaries in the Southfield area. Councilmember Mirsch reported that the Volunteers on Patrol Program continues to move forward with the next step being Sheriff's Dept. vehicle training/certification for the volunteers. Minutes City Council Meeting 01-11-16 -13- PUBLIC COMMENT ON CLOSED SESSION ITEMS None. CLOSED SESSION Government Code §54957 Public Employee Performance Evaluation Title: City Manager Government Code §54957.6 Conference with Labor Negotiator City representative: Personnel Committee (Pieper and Dieringer) Unrepresented employee: City Manager The City Council recessed into closed session at 10:58 p.m. to discuss the matters listed above on the closed session agenda. The meeting returned to open session at 11:34 p.m. RETURN TO OPEN SESSION ANNOUNCEMENT OF ACTIONS FROM CLOSED SESSION (ORAL REPORT). The meeting was called back to order in open session at 11:34 p.m. City Attorney Jenkins reported that the City Council met in closed session to discuss the item listed above and no reportable action was taken. ADJOURNMENT Hearing no further business before the City Council, Mayor Pieper adjourned the meeting at 11:35 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, January 25, 2016 beginning at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce City Clerk Approved, Jeff Pieper Mayor Minutes City Council Meeting 01-11-16 AGENDA e4 Rh flaio gice4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS REGULAR MEETING MONDAY, JANUARY 11, 2016 7:30 P.M. 1. CALL TO ORDER 2. ROLL CALL 3. 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 November 9, 2015 and (2) Regular Meeting of November 23, 2015. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Consideration of the City Council Approved Vendor List. RECOMMENDATION: Approve as presented. D. Consideration of Fiscal Year 2016/2017 Budget Preparation Calendar. RECOMMENDATION: Approve as presented. E. City Council Finance/Budget/Audit Committee meeting notes of December 17, 2015. RECOMMENDATION: Receive and file. 4. COMMISSION ITEMS A. RESOLUTION NO. 2015-23. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR AN ADDITION AND CONSTRUCTION OF A POOL EQUIPMENT ENCLOSURE ON A PROPERTY WITH RESTRICTED DEVELOPMENT CONDITION; GRADING FOR A GUEST PARKING AREA AND VARIANCES TO LOCATE THE EQUIPMENT ENCLOSURE IN THE FRONT YARD AREA OF THE SITE, TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE, AND TO LOCATE A PORTION OF A 3' HIGH RETAINING WALL WITHIN THE SIDE YARD SETBACK AT 13 OUTRIDER ROAD, (LOT 94-A-EF), ROLLING HILLS, CA, (HANG JA YOO). Page 1 of 4 B. RESOLUTION NO. 2015-25. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT AND A SITE PLAN REVIEW TO FILL IN AND CONVERT AN EXISTING CABANA TO A GUEST HOUSE AND TO CONSTRUCT A RAISED DECK AT 7 CREST ROAD EAST IN ZONING CASE NO. 891 (LOT 3 -FT), ROLLING HILLS, CA. (DOTY). 5. PUBLIC HEARINGS A. AT THE REQUEST OF THE APPLICANT, THE PUBLIC HEARING IN ZONING CASE NO. 880 WILL BE CONTINUED TO A DATE TO BE SELECTED AT THIS MEETING. ZONING CASE NO. 880 - REVISED. REQUEST FOR A SITE PLAN REVIEW AND VARIANCES FOR A 280 SQUARE FOOT ADDITION OF WHICH 41 SQUARE FEET WOULD ENCROACH UP TO 5.2' INTO THE SIDE YARD SETBACK, AND THE ROOF OVERHANG WOULD ENCROACH 3.8' INTO THE SIDE YARD SETBACK BEYOND THE MAXIMUM OF 5' ALLOWED, AND FOR A RETAINING WALL THAT WOULD BE 20' LONG, BETWEEN 3' TO 5' HIGH AND WHICH WOULD NOT AVERAGE OUT TO 2.5' IN HEIGHT TO ENCROACH 10' INTO THE SIDE YARD SETBACK IN ZONING CASE NO. 880 - REVISED, AT 15 PORTUGUESE BEND ROAD (LOT 78-RH), ROLLING HILLS, CA, (HASSOLDT). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301, CLASS 1 EXEMPTION. B. AT THE REQUEST OF THE PARTIES, THE PUBLIC HEARING ON THE APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015- 03-CTV WILL BE CONTINUED TO A DATE TO BE SELECTED AT THIS MEETING. CONSIDERATION OF TWO APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CTV SETTING FORTH FINDINGS RELATING TO TRIMMING OF TREES AT 15 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT FROM 18 PORTUGUESE BEND ROAD. C. (1.) CONSIDERATION OF AN ORDINANCE NO. 346. AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO VIEW PRESERVATION, IN ZONING CASE NO. 881 AND ZONING CODE AMENDMENT NO. 2015-03. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). AND (2.) CONSIDERATION OF RESOLUTION NO. 1182 ADOPTING ADMINISTRATIVE REGULATIONS INTERPRETING MEASURE B RELATING TO VIEW PRESERVATION. City Council Agenda 01/11/16 Page 2 of 4 6. OLD BUSINESS NONE. 7.. NEW BUSINESS A. CONSIDERATION OF THE 2014-15 ANNUAL FINANCIAL AUDIT. B. CONSIDERATION OF OPENING AN INTEREST NOW CHECKING ACCOUNT WITH OPUS BANK. C. DISCUSSION TO APPROPRIATE FUNDS IN CONCURRENCE WITH THE PERCENTAGES IDENTIFIED WITHIN THE PENINSULA REGIONAL LAW ENFORCEMENT CONTRACT IN ORDER TO ADD ONE SURVEILLANCE AND APPREHENSION TEAM (SAT) DETECTIVE. 8. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS A. DISCUSSION REGARDING MOVING THE START TIME OF CITY COUNCIL MEETINGS TO 6:30 P.M. 10. MATTERS FROM STAFF A. RESIDENTIAL BURGLARY UPDATE. (ORAL REPORT) 11. PUBLIC COMMENT ON CLOSED SESSION ITEMS 12. CLOSED SESSION Government Code §54957 Public Employee Performance Evaluation Title: City Manager 13. RETURN TO OPEN SESSION A. ANNOUNCEMENT OF ACTIONS FROM CLOSED SESSION (ORAL REPORT). 14. ADJOURNMENT Next meeting: Monday, January 25, 2016 at 7:30 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. City Council Agenda 01/11/16 Page 3 of Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the Deputy City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. City Council Agenda 01/11/16 Page 4 of 4 DRAFT Agenda Item No. 3-A(1) Meeting Date: 01/11/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, NOVEMBER 9, 2015 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pieper at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Councilmembers Absent: Others Present: CONSENT CALENDAR Black, Dieringer, Mirsch, Wilson and Mayor Pieper. None. Raymond R. Cruz, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Susan Trigueros, Regional Public Affairs Manager, So Cal Gas. Faviola Ochoa, Public Affairs Manager, So Cal Gas. Sean Baptiste, Site Acquisition/Construction Manager, So Cal Gas. Dennis Lord, Issues Resolution Manager, So Cal Gas. Clint Patterson, 22 Georgeff Road. Howard Weinberg, Weinberg Law. Charlie Raine, 2 Pinto Road. John Mackenbach, 56 Portuguese Bend Road. Gordon Schaye, 58 Portuguese Bend Road. John Nunn, 1 Crest Road West. Jim Aichele, 14 Crest Road West. Roger Hawkins, 37 Crest Road West. Spencer Karpf, 8 Maverick Lane. Carol Witte, 5 Quail Ridge Road South. Mike Schoettle, 24 Eastfield Drive. Ron Durbin, LA County Fire. J Lopez, LA County Fire. 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) Adjourned Regular Meeting (Field Trip) of October 26, 2015 and (2) 0 i Regular Meeting of October 26, 2015. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. City Clerk Luce noted one correction to the minutes in the second sentence of the last paragraph on page three removing the words "as necessary." Councilmember Wilson noted that the meeting was adjourned without the presence of Mayor Pieper and asked the minutes be corrected to reflect as such. Councilmember Black moved that the City Council approve the items on the consent calendar as corrected. Councilmember Wilson seconded the motion, which carried without objection. PRESENTATION AdvancedMeter: Project Overview Susan Sifuentes Trigueros, Regional Public Affairs Manager Southern California Gas Company Ms. Trigueros and her colleagues provided the City Council with an overview of the status, timeline and community outreach efforts associated with the Southern California Gas Company's AdvancedMeter project including the installation of the Meter Transmission Units (MTU's) at resident's homes as well as the Data Collection Units (DCU's) which are proposed to be installed on three poles in Rolling Hills. Following discussion and a question and answer period, the City Council asked staff to schedule a site visit to the three proposed sites for the DCU's. City Manager Cruz commented that the site visit shouldn't be scheduled until the third party review of the proposed sites is completed. COMMISSION ITEMS None. PUBLIC HEARINGS CONTINUED PUBLIC HEARING IN ZONING CASE NO. 869, SUBDIVISION NO. 94, VESTING TENTATIVE PARCEL MAP NO. 72775 — A REQUEST TO SUBDIVIDE AN EXISTING LOT TOTALING 7.05 ACRES GROSS INTO 2 PARCELS OF LAND AS FOLLOWS: PARCEL 1: 3.70 GROSS ACRES, 3.0 NET ACRES; PARCEL 2: 3.34 GROSS ACRES, 2.67 NET ACRES. THE PROPERTY IS CURRENTLY VACANT AND IS KNOWN AS 23 CREST ROAD EAST, (LOT 32 -A -MS), PARCEL NO.: 7567-011-020 IN THE RA -S-2 ZONE, RESIDENTIAL AGRICULTURAL -SUBURBAN 2 -ACRE MINIMUM NET LOT AREA, TO BE IMPLEMENTED BY MR. JIM HYNES. PURSUANT TO CEQA REQUIREMENT, IT WAS DETERMINED THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT WITH APPLICABLE MITIGATION MEASURES AND THEREFORE, A MITIGATED NEGATIVE DECLARATION HAS BEEN PREPARED. Mayor Pieper introduced the item and asked for staff's comments. Planning Director Schwartz stated that this is a continued public hearing and briefly reviewed the applicant's request to subdivide a vacant lot at 23 Crest Road East into two lots. She stated that the Planning Commission reviewed and recommended approval of the applicant's request and that the City's Engineer has deemed this project feasible for Minutes City Council Meeting. 11-09-15 0 subdivision. She stated that resident's with properties below the proposed subdivision have expressed concern regarding the hydrology and the impact any increased drainage from this subdivision may have on the properties below. She stated that at a previous meeting, staff was directed to prepare a request for proposals for an independent third party consultant to review and prepare geotechnical and hydrology studies and that the report be reviewed by the Los Angeles County Building and Safety geotechnical engineers because of their familiarity with the City. She stated that in response to the RFP, staff received two proposals, which are estimated to cost upwards of $61,000. Discussion ensued concerning the proposals and what services are included in each proposal. Mayor Pieper called for public comment. Howard Weinberg, Attorney addressed the City Council on behalf of the applicant stating that during the Planning Commission's review of the project, the applicant has proposed a storm water retainment system where there is no excess storm water that would flow off the property that is in excess of what flows of the property currently. He stated that he does not feel it is necessary to have an additional study on the effect to the downhill area or flying triangle slide because there is no excess storm water that will flow downhill. He stated that the applicant is only required to mitigate the storm water to less than significant which they already propose to exceed by reducing it to zero and further requested that the City Council not require any additional studies. Charlie Raine, 2 Pinto Road addressed the City Council to express concern that any additional water deposited in the landslide area may cause a landslide. Gordon Schaye, 58 Portuguese Bend Road addressed the City Council to express concern regarding effect the waste water may have as well as effect this proposed subdivision may have on the existing landslide areas on Rancho Palos Verdes as stated in the letter from the Klondike Canyon Geologic Hazard Abatement District. Mr. Weinberg commented that studies have been done to address the issues raised by Mr. Raine and Mr. Schaye. He urged the City Council to adopt the Planning Commission's recommendation to approve the lot split. John Mackenbach, 56 Portuguese Bend Road addressed the City Council to express concern that the cistern would release water during a storm. Dr. Schaye expressed further concern regarding any water release downhill. Discussion ensued concerning the City's liability. In response to Mayor Pieper regarding Mayor Pro Tem Dieringer's concern regarding liability, City Attorney Jenkins stated that the City's decision shouldn't be driven by concerns about liability. He stated that this is a discretionary act of the City and is immune from challenge, as long the City does not own any of the storm water channels in question. He further stated this is a land use planning application and the City Council previously felt it needed more information. If it still feels that way, the City Council may request the information. Councilmember Black commented that his concern is safety for the down slope residents and he feels that better hydrology evaluation is needed to make that determination. Councilmember Wilson concurred. Councilmember Mirsch also commented that she is concerned regarding the safety as well as the Minutes City Council Meeting 11-09-15 0 cumulative impact this subdivision may have. Following discussion, staff was directed to proceed with the hydrology study as requested and to direct the consultant to use existing information to evaluate the geology if it is satisfactory to make the determination. Staff was further directed to re -notice the matter for consideration upon receipt of the additional information requested. CONTINUED PUBLIC HEARING IN ZONING CASE NO. 880. — REQUEST FOR A VARIANCE TO ENCROACH WITH 61 SQUARE FEET OF MOSTLY COMPLETED ADDITION AND NOT TO EXCEED 3' HIGH RETAINING WALLS INTO THE SIDE YARD SETBACK AND TO PROVIDE LESS THAN THE MINIMUM REQUIRED 4' WIDE WALKWAY ALONG THE PERIMETER OF THE ADDITION IN ZONING CASE NO. 880, AT 15 PORTUGUESE BEND ROAD (LOT 78-RH), ROLLING HILLS, CA, (HASSOLDT). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301, CLASS 1 EXEMPTION. Mayor Pieper recused himself from consideration of this item due to the proximity of his property to the subject property and left the dais. Mayor Pro Tem Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request stating that the City Council previously discussed approving the addition and requested that the applicant provide the full 4 ft. walkway around the property. Subsequently, the applicant's representative submitted a revised proposal which included a letter detailing the difficulty they would have in achieving the City Council's direction to provide the 4 ft. walkway. She reviewed the applicant's revised proposal and stated that it would provide a 2 ft. walkway up to the existing easement line so that it will not encroach into the easement. She stated that if the City Council is interested in approving the revised proposal, the matter will have to be advertised as such before it could be approved. Mayor Pro Tem Dieringer called for public comment. Howard Weinberg, Attorney addressed the City Council on behalf of the neighbor at 18 Portuguese Bend Road (Nuccion) to express objection to the proposed 2 ft. walkway. He stated that he does not believe this project qualifies for a CEQA exemption and further does not believe the City Council can make the findings necessary to grant this variance. Councilmember Black stated that he is not inclined to approve the applicant's revised request with a 2 ft. walkway for safety reasons; and the alternate option, if they are not willing to provide the required 4 ft. walkway, would be to remove the corner of the addition as was suggested at the previous meeting. Following discussion, Councilmember Mirsch moved that the City Council direct staff to prepare a Resolution granting approval of the applicant's request in Zoning Case No. 880 at 15 Portuguese Bend Road as originally revised to provide the minimum required 4 ft. wide walkway along the perimeter of the addition, eliminate the tiered 3 ft. retaining walls and replace with one taller wall; eliminate the 90 degree angle into the slope at the corner of the addition and remove the Pine Tree with the standard findings of fact and conditions of approval, as directed at the last meeting of the City Council regarding this matter. Councilmember Black seconded the motion, which carried without objection. The public hearing was continued. Minutes City Council Meeting 11-09-15 0 Recognizing that there was an other matter for which Mayor Pieper would be recused, Mayor Pro Tem Dieringer stated that the City Council would next consider Matters from the City Council Item 9B also regarding the property at 15 Portuguese Bend Road. REQUEST FROM COUNCILMEMBER BLACK TO RECONSIDER CITY COUNCIL'S DECISION FROM OCTOBER 26, 2015 TO ALLOW THE REPLACEMENT OF A ROOF AT A PROPERTY LOCATED AT 15 PORTUGUESE BEND ROAD (HASSOLDT). Councilmember Black stated that since the applicant does not appear to be willing to provide the 4ft. walkway around the property as requested by the City Council and there is a chance that the corner of the addition will be removed, he does not feel that it is appropriate to allow the roofing to be completed as previously directed. Brief discussion ensued concerning the roofing project and it was noted that the applicant advised staff that they do not intend to complete the roof until 2016. Mayor Pro Tem Dieringer called for public comment. Hearing none and following brief discussion, staff was directed to advise the property owner that if they are to commence with the roof replacement prior to obtaining approval for the requested Variance, they will be doing so at their own risk. Mayor Pieper returned to the dais. OLD BUSINESS None. NEW BUSINESS WAIVE FULL READING AND INTRODUCE ON FIRST READING ORDINANCE NO. 345 — AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING CHAPTER 8.30 TO TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING ABATEMENT OF FIRE FUEL HAZARDS. Mayor Pieper introduced the item and asked for staffs comments. City Manager Cruz presented the staff report stating that at its last meeting the City Council directed staff to prepare an Ordinance regarding the abatement of fire fuel hazards for consideration by the City Council. He stated that calling out dead vegetation as a public nuisance in the Municipal Code will advise residents that dead vegetation is a fire fuel, a public nuisance and a priority for abatement. He further stated that this Ordinance incorporates the existing nuisance abatement procedures set forth in Chapter 8.24 of the Rolling Hills Municipal Code which includes a provision whereby there is an appeal procedure to appeal the determination that a nuisance exists before the City pursues abatement. He stated that the proposed Ordinance also requires the City to comply with all applicable environmental laws and regulations in implementing the Ordinance which may include not removing dead vegetation identified as a public nuisance if evidence shows that doing so presents a potential, significant environmental impact. Mayor Pieper called for public comments. Minutes City Council Meeting 11-09-15 0 John Nunn, 1 Crest Road West addressed the City Council to suggest that the City adopt a Community Wildfire Protection Plan to be coordinated with the other Peninsula Cites instead of adopting this ordinance. Jim Aichele, 14 Crest Road West addressed the City Council in opposition to the proposed ordinance stating that he does not feel this ordinance is necessary because the issue can be addressed using the existing nuisance abatement ordinance. Roger Hawkins, 37 Crest Road West addressed the City Council in opposition to the proposed ordinance stating that he feels that the Los Angeles County Fire Code already appropriately addresses fire risk in the City and this ordinance is unnecessary and may make the City susceptible to lawsuits. Spencer Karpf, 8 Maverick Lane addressed the City Council in support of the proposed ordinance. He stated that he feels the ordinance is well drafted and encouraged the City Council to adopt it. Carol Witte, 5 Quail Ridge Road South addressed the City Council in support of the proposed ordinance. Mike Schoettle, 24 Eastfield Drive addressed the City Council in opposition to the proposed ordinance because it is too vague and not specific enough. He suggested the City should be more concerned with the dead brush. Ron Durbin, LA County Fire Department, Brush Clearance Unit addressed the City Council stating that the Fire Department currently only deals with vegetation that is within 200 ft. of a structure or fire access issues during its annual brush clearance inspections and the goal is to modify fuels to change fire behavior, which is the goal of this ordinance as well. He stated that the objective is to balance life, property and environment. Discussion ensued concerning the proposed ordinance as compared to a Community Wildfire Protection Plan. In response to Mayor Pro Dieringer, J Lopez, LA County Fire Department stated that the Community Wildfire Protection Plan (CWPP) is a voluntary effort that requires input from the community and provides a coordinated effort to help reduce fire fuel hazards. He further stated that having a Fire Safe Council increases the ability to obtain grants for the CWPP. In response to Councilmember Wilson regarding enforcement, Mayor Pieper stated that enforcement would be on a complaint driven basis. Discussion ensued concerning the ability to use the existing nuisance abatement ordinance to eliminate fire fuel hazards. Mayor Pro Tem Dieringer expressed concern that removing dead vegetation could create landslides due to soil erosion if the proper procedures are not followed. She also suggested that the term "vegetation" in the ordinance be replaced with the word "plants" and that specific language be added to address potential landslide issues. She further stated that she feels a better course of action rather than adopting this ordinance would be to adopt a more comprehensive Community Wildfire Protection Plan. Councilmember Mirsch stated that she feels that she supports adopting a Community Wildfire Protection Plan but she also feels that adopting this ordnance is a good step toward reducing fire risk in the community and she does not feel it conflicts with the LA County Fire Department's fire fuel abatement Minutes City Council Meeting 11-09-15 -6- efforts. Following public comment and discussion, Councilmember Mirsch moved that the City Council waive full reading and introduce on first reading Ordinance No. 345 pertaining to abatement of fire fuel hazards as amended to replace the word "vegetation" with the word "plant(s)" as suggested by Mayor Pro Tem Dieringer. Councilmember Black seconded the motion, which carried with Mayor Pro Tem Dieringer opposed. DISCUSSION REGARDING RECREATIONAL VEHICLE STORAGE AT 56 EASTFIELD DRIVE. Mayor Pieper introduced the item and asked for staff's comments. City Manager Cruz presented the staff report stating that this item is before the City Council for consideration at the request of the property owner at 56 Eastfield Drive and pertains to storage of a recreational vehicle that does not meet the required distance from the roadway as set forth in the municipal code. He further stated that the property owner is requesting that the City Council consider reducing the distance requirement for recreational vehicle storage. Mayor Pieper called for public comment. Mike Schoettle, 24 Eastfield Drive addressed the City Council stating that he is opposed to the location that the recreational vehicle in question is currently stored and feels it should be moved. Following brief discussion concerning the location of the recreational vehicle and its proximity to the street, Councilmember Mirsch moved that the City Council receive and file the report. Mayor Pro Tem Dieringer seconded the motion, which carried without objection. No action was taken. CONSIDERATION OF A COMPLAINT FILED BY A RESIDENT AGAINST A CITY COMMISSIONER. Mayor Pieper introduced the item and asked for staffs comments. City Manager Cruz presented the staff report stating the City received a complaint from William and Judith Hassoldt alleging that Planning Commissioner, Sean Cardenas engaged in improper conduct affecting their property rights in a matter before the City and that an unwarranted call was made to The Gas Company. Thus, the Hassoldt's further allege that, Mr. Cardenas has shown a pattern of utilizing his position to harass them. City Manager Cruz further stated that staff thoroughly investigated the complaints and found them to be without merit but the mater is before the City Council at the request of Councilmember Black due to the serious nature of the complaints. Following brief discussion, Councilmember Black moved that the City Council receive and file the report. Mayor Pro Tem Dieringer seconded the motion, which carried without objection. No action was taken. CONSIDERATION OF THE REAPPOINTMENT OF THE INCUMBENT PLANNING AND TRAFFIC COMMISSIONERS TO A FOUR-YEAR TERM COMMENCING ON JANUARY 1, 2016. Having reviewed the staff report, Councilmember Mirsch moved that the City Council reappoint Minutes City Council Meeting 11-09-15 Commissioners Cardenas and Chelf to serve a four-year term on the Planning Commission and Commissioners Margeta and Virtue to serve a four year -term on the Traffic Commission commencing on January 1, 2016. Councilmember Black seconded the motion, which carried without objection. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS DISCUSSION REGARDING CITY COUNCIL CONFERENCE AND TRAVEL EXPENSES. Mayor Pieper introduced the item and asked for staff's comments. City Manager Cruz stated that at the request of the City Council, included in the staff report are the year to date budget and expense numbers related to City Council conference and travel items. Councilmember Mirsch suggested that there be some guidelines set to determine if there is value for the City in the City Council attending conferences. Following brief discussion, staff was directed to agendize the matter for discussion by the Finance, Budget, Audit Committee during the budgeting process. MATTERS FROM STAFF BURGLARY UPDATE. (ORAL REPORT) City Manager Cruz provided an update regarding the supplemental Sheriff's Dept. patrol in the City that was added to the contract in response to the burglaries that occurred during the summer. Councilmember Mirsch reported that she has recruited seven volunteers for the Volunteer on Patrol program and will proceed with scheduling the training. No action was taken. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. CLOSED SESSION Government Code §54957 Public Employee Performance Evaluation Title: City Manager The City Council recessed into closed session at 11:05 p.m. to discuss the matter listed above on the closed session agenda. The meeting returned to open session at 11:27 p.m. RETURN TO OPEN SESSION ANNOUNCEMENT OF ACTIONS FROM CLOSED SESSION (ORAL REPORT). The meeting was called back to order in open session at 11:27 p.m. and City Attorney Jenkins reported Minutes City Council Meeting 11-09-15 that the City Council met in closed session to discuss the item listed above and no reportable action was taken. ADJOURNMENT Hearing no further business before the City Council, Mayor Pieper adjourned the meeting at 11:28 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, November 23, 2015 beginning at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce City Clerk Approved, Jeff Pieper Mayor Minutes City Council Meeting 11-09-15 THIS PAGE INTENTIONALLY LEFT BLANK DRAFT Agenda Item No. 3-A(2) Meeting Date: 01/11/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, NOVEMBER 23, 2015 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pieper 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, Mirsch, Wilson and Mayor Pieper. Councilmembers Absent: None. 1 I Others Present: Raymond R. Cruz, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Kim Fuentes, Deputy Executive Director, SBCCOG. Lt. Michael White, Los Angeles County Sheriff's Dept., Lomita Station. Tai Chung, 11 Roadrunner Road. Tom Heinsheimer, 7 Johns Canyon Road. Norm Miller, 4 Chesterfield Drive. Richard Colyear, 35 Crest Road West. Russ Coser, 56 Eastfield Drive. Steve Nuccion, 18 Portuguese Bend Road. Howard Weinberg, Weinberg Law Group. William Hassoldt, 15 Portuguese Bend Road. Hal Light, Attorney. Roger Hawkins, 37 Crest Road West. Michael Sherman, 33 Crest Road East. Marcia Schoettle, 24 Eastfield Drive. Scott Hale, Asst. Chief, Los Angeles County Fire Dept. 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. City Council Personnel Committee meeting notes of November 16, 2015. RECOMMENDATION: Receive and file. B. Payment of Bills. -1- RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of July, August and September, 2015. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for October, 2015 RECOMMENDATION: Receive and file. E. Notice of Completion for FY 2015-16 Replacement of Traffic Striping and Pavement Markings on Certain Streets in the City of Rolling Hills. RECOMMENDATION: Approve as presented. F. List of 2016 City Council Meeting Dates and City Holidays. RECOMMENDATION: Receive and file. Councilmember Mirsch moved that the City Council approve the items on the consent calendar as presented. Mayor Pro Tem Dieringer seconded the motion, which carried without objection. COMMISSION ITEMS RESOLUTION NO. 2015-22 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT, SITE PLAN REVIEW AND VARIANCES FOR GRADING AND CONSTRUCTION OF A RIDING ARENA, LUNGING RING TO BE LOCATED IN THE FRONT YARD AREA OF THE LOT AND TO RETAIN AN AS BUILT GAZEBO IN THE FRONT YARD AREA OF THE LOT IN ZONING CASE NO. 890 AT 1 MIDDLERIDGE LANE SOUTH, (LOT 167-UR), (POPOVICH). Mayor Pieper introduced the item and asked for staff comments. Planning Director Schwartz reviewed the applicant's request in Zoning Case No. 890 at 1 Middleridge Lane South to construct a dressage arena and lunging ring in the front yard area of the property. She stated that the Planning Commission approved the applicant's request recognizing that it is a positive addition to the community and encourages equestrian uses on the property and legalizes two structures on the property for which there are currently no building permits. She further reviewed the conditions of approval stating that if there is a complaint regarding glare should a mirror be installed on the arena that the applicant shall mitigate the problem for the complaining party. In response to Councilmember Wilson regarding enforcement of glare complaints, Planning Director Schwartz stated that the complaints would be handled by staff as a code enforcement matter and will be required to be mitigated to the satisfaction of the complaining party. Following brief discussion regarding the proposed grading and measures for managing dust from the arena, Councilmember Mirsch moved that the City Council receive and file Planning Commission Resolution No. 2015-22 granting approval of the applicant's request in Zoning Case No. 890 at 1 Middleridge Lane South. Councilmember Wilson seconded the motion, which carried without objection. Recognizing that representatives from the South Bay Cities Council of Governments (SBCCOG) were in attendance at the meeting regarding agenda item 7A pertaining to approving strategies for energy efficiency in the City of Rolling Hills, Mayor Pieper suggested that the item be taken out of order. Hearing no objection, he so ordered. Minutes City Council Meeting 11-23-15 NEW BUSINESS APPROVAL OF STRATEGIES FOR ENERGY EFFICIENCY IN THE CITY OF ROLLING HILLS FOR THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS CLIMATE ACTION PLAN. Mayor Pieper introduced the item and asked for staff's comments. City Manager Cruz presented the staff report stating that the South Bay Cities Council of Governments (SBCCOG) is preparing a Climate Action Plan (CAP) to serve as Rolling Hills' guide for reducing greenhouse gas emissions in both municipal operations and the residential community at large. He stated that before the City Council this evening is consideration of approval of proposed energy efficiency reduction strategies that will be later incorporated into the final CAP. He introduced Kim Fuentes, from SBCCOG to review the proposed strategies. Ms. Fuentes reviewed the proposed strategies that were prepared in coordination with their CAP consultant, Atkins and City staff. Having reviewed the strategies as presented in the staff report, Councilmember Black suggested that for the Community strategies the City should promote rather than require the strategies be implemented. Following brief discussion concerning incentives available to the community for implementing the strategies, Councilmember Black moved that the City Council adopt the strategies for energy efficiency as amended to strike the word "require" from each of the community strategies. Mayor Pro Tem Dieringer seconded the motion, which carried without objection. Mayor Pieper further suggested that item 10A regarding the burglary update also be taken out of order. Hearing no objection, he so ordered. MATTERS FROM STAFF BURGLARY UPDATE. (ORAL REPORT) Mayor Pieper introduced the item and asked for staff's comments. City Manager Cruz stated that the current supplemental patrol program that began in September and was initiated in response to the burglaries that occurred over the summer. Lt. Michael White provided an update regarding the strategies implemented during the supplemental Sheriff's Dept. patrol in the City noting that since the program was implemented, there has not been a residential burglary in the City. He further stated that Captain Bolin recommends continuing the supplemental patrol. Following brief discussion, Councilmember Mirsch moved that the City continue the supplemental patrol. Councilmember Black seconded the motion which carried without objection. Councilmember Black suggested that item 7B also be taken out of order. Hearing no objection, Mayor Pieper so ordered. NEW BUSINESS RESOLUTION NO. 1181 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS LIMITING THE CITY'S CONTRIBUTION TO EMPLOYEE MEDICAL, Minutes City Council Meeting 11-23-15 -3- DENTAL AND VISION INSURANCE PREMIUM COST AND UPDATING THE EMPLOYEE HANDBOOK AND PERSONNEL POLICY MANUAL ACCORDINGLY. Mayor Pieper introduced the item and asked for staff's comments. City Manager Cruz presented the staff report stating that as a part of the review of employee compensation and benefits, the City Council Personnel Committee recommends that the City Council keep the current medical insurance cap at $1,642 per month and establish a new cap for dental insurance for the maximum family premium at $202 per month based on the 2015 rate for the Met Life DPO plan; and for vision insurance for the maximum family premium at $30 per month based on the 2015 rate for the VSP plan to be effective January 1, 2016. He stated that the Personnel Committee's recommendations are memorialized in the proposed Resolution for the City Council's consideration and the Employee Handbook and Personnel Policy Manual will be updated accordingly if the Resolution is adopted. He further stated that the premiums will then be reviewed annually by the Personnel Committee and any proposed changes will be brought back before the City Council. Councilmember Mirsch moved that the City Council adopt Resolution No. 1181 limiting the City's contribution to employee medical, dental and vision insurance premium costs. Councilmember Wilson seconded the motion, which carried without objection. Recognizing that it was approximately 8:00 p.m., Mayor Pieper called for comment on the open agenda items. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Tai Chung, 11 Roadrunner Road addressed the City Council to suggested that horses be required to wear diapers. Tom Heinsheimer, 7 Johns Canyon Road addressed the City Council regarding robocalls and suggested the City provide information to residents regarding how to opt out. Norm Miller, 4 Chesterfield Road addressed the City Council regarding funding for undergrounding of utility lines. Richard Colyear, 35 Crest Road West addressed the City council concerning the sewer mainline extension on Johns Canyon Road and offered to pay any unreimbursed costs associated with the project. Russ Coser, 56 Eastfield Drive addressed the City Council concerning storage of his recreational vehicle and asked that the City Council consider the matter again. Mayor Pro Tem Dieringer asked that the matter be agendized for future discussion. PUBLIC HEARINGS THE PUBLIC HEARING ON ZONING CASE NO. 880, AT 15 PORTUGUESE BEND ROAD WILL BE CONTINUED TO JANUARY 25, 2016 — ZONING CASE NO. 880. — REQUEST FOR A VARIANCE TO ENCROACH WITH 61 SQUARE FEET OF MOSTLY COMPLETED ADDITION AND NOT TO EXCEED 3' HIGH RETAINING WALLS INTO Minutes City Council Meeting 11-23-15 -4- THE SIDE YARD SETBACK AND TO PROVIDE LESS THAN THE MINIMUM REQUIRED 4' WIDE WALKWAY ALONG THE PERIMETER OF THE ADDITION IN ZONING CASE NO. 880, AT 15 PORTUGUESE BEND ROAD (LOT 78-RH), ROLLING HILLS, CA, (HASSOLDT). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301, CLASS 1 EXEMPTION. At the request of the applicant, consideration of this item was continued to January 25, 2016. CONSIDERATION OF TWO APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CTV SETTING FORTH FINDINGS RELATING TO TRIMMING OF TREES AT 15 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT FROM 18 PORTUGUESE BEND ROAD. LOCATION OF TREES: 15 PORTUGUESE BEND ROAD PROPERTY OWNER: MR. AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD Mayor Pieper introduced the item and asked for staff's comments. Planning Director Schwartz presented the staff report stating that this matter is being appealed to the City Council by both parties as the result of a Committee on Trees and Views decision in a view impairment complaint filed by the property owner of 18 Portuguese Bend Road (Nuccion) against trees located at the property located at 15 Portuguese Bend Road (Hassoldt). She stated that the complete appeals as well as the background information on the case are included in the staff report and have been placed in a separate three ring binder for the City Council's reference when considering the appeals. She stated that both appeals were filed in a timely manner and the appeals were set for public hearing pursuant to the Municipal Code. She further stated that in its consideration of the appeals, the City Council will hear the matter as a new public hearing and should consider the previous evidence, including the Committee's finding as well as new evidence; and the City Council may uphold, reverse or modify the Committee's decision based on the evidence received or the matter may be remanded back to the Committee. She further commented that the City Council is only required to take the matters listed in the appeals under consideration. She briefly reviewed the basis for each of the appeals stating that the tree owners (Hassoldt), in their appeal, assert that the Nuccions did not establish clear and convincing evidence that there was a view when they purchased the property in April 2009; that the trees should all be considered mature, thus exempt from action; and that they did not receive proper notice of the hearing before the Committee on Trees and Views. She stated that the Nuccion appeal asserts that the Committee erred in its determination that two of the olive trees were mature and exempt from remediation and that the Committee abused its discretion in selecting one arborist's report over the others. Planning Director Schwartz further stated that it was determined, in consultation with the Fair Political Practices Commission that Mayor Pieper may participate in this process even though his property is within 500 ft. of the properties in the appeal. Planning Director Schwartz further reviewed the background of this view impairment case stating that the original complaint was filed in April 2014 and was subsequently referred to mediation. After several months of unsuccessful mediation, the Nuccions submitted an application for a hearing before the Minutes City Council Meeting 11-23-15 -5- Committee on Trees and Views and a public hearing commenced. Following several public hearings, a site visit and having received several arborists reports relative to the maturity of the trees, the Committee made the necessary findings and called for certain restorative action on nine of trees as set forth in Resolution No. 2015-03-CTV. Planning Director Schwartz stated that additional information related to the appeal was received today from the Nuccion's attorney and that information has been placed on the dais as well as made available to the public. Brief discussion ensued concerning the basis for the Hassoldt appeal and the Committee's reference to A.E. Hanson's book Rolling Hills, The Early Years in establishing whether or not the trees were mature. Mayor Pieper stated that as a part of its consideration of the appeals, the City Council will schedule a field trip to visit the properties. With the understanding that a field trip will be scheduled and this matter will be continued, Mayor Pieper called for public comment. Steve Nuccion, 18 Portuguese Bend Road addressed the City Council to further explain the basis for their appeal. He stated that when they purchased the property at 18 Portuguese Bend Road in 2009 it had a view and over the next few years, the had a good relationship with the prior owner of the property at 15 Portuguese Bend Road whereby they would help him maintain the trees which helped also maintain their view. He further commented that they tried to maintain a similar relationship with the Hassoldts when they purchased the property in 2012, but were unable to do so and since then, their view has deteriorated significantly which has resulted in loss of enjoyment and value of their property. In response to Mayor Pro Tem Dieringer, Dr. Nuccion stated that he does not know the exact date that they first trimmed the trees at 15 Portuguese Bend Road and explained the process by which they acquired their property. Howard Weinberg, Attorney addressed the City Council on behalf of the Nuccions to briefly respond to the Hassoldt appeal recognizing that the record on the case is quite extensive and there will be a field trip and future public hearings. He stated that when the Nuccions purchased their property in 2009, there was a view and although the photographs submitted are not from 2009, the view they had when then moved in was as good or better than what was shown in the photographs submitted and any trimming that was done subsequent to 2009 was only done to maintain the view. He further explained the basis of their appeal, specifically with relation to the issue of the maturity of the trees. Hal Light, Attorney addressed the City Council on behalf of the Hassoldts to further explain the basis for their appeal stating that the City Council has to first determine what view existed when the Nuccions acquired their property in April 2009. He further stated they assert that a view did not exist in 2009 when the Nuccions acquired the property, but rather the view was created sometime subsequent to that time. He provided further background with regard to the basis of their appeal related to the issue of the maturity of the trees. He further commented that the Hassoldt's plan to do remedial trimming on all of the trees for the health of the trees but they have not been able to do so because of these proceedings. Richard Colyear, 35 Crest Road West addressed the City Council regarding Measure B and stated that he feels that the Committee on Trees and Views should have used the results of the independent arborists Minutes City Council Meeting 11-23-15 -6- report to make its determination. In response to Councilmember Black, City Attorney Jenkins stated that there isn't anything in Measure B that prevents a property owner from trimming their own trees. Also in response to Councilmember Black, City Attorney Jenkins stated that the City cannot compel the restoration of a view that is impaired by a mature tree, not withstanding that it may have been trimmed prior to the date of acquisition. Brief discussion ensued concerning the fact that the term "mature" is not clearly defined in Measure B. Following public testimony and discussion the public hearing on this matter was continued to a field trip scheduled for Monday, January 11, 2016 beginning at 7:00 a.m. Following a suggestion by Councilmember Black, the City Council asked the applicant (Nuccion) to prepare tree inventory map and asked the Hassoldts to provide access to their property so that the map can be prepared. Both parties agreed. OLD BUSINESS SECOND READING, WAIVE FULL READING AND ADOPT ORDINANCE NO. 345 — AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING CHAPTER 8.30 TO TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING ABATEMENT OF FIRE FUEL HAZARDS. Mayor Pieper introduced the item and asked for staff's comments. City Manager Cruz presented the staff report stating that the proposed ordinance would declare dead vegetation a public nuisance within the City of Rolling Hills and will provide the City with increased flexibility to respond to the increasing amount of dead vegetation in the community. He stated that the ordinance was introduced at the November 9, 2015 meeting of the City Council and following public testimony, staff was directed to replace the word "vegetation" throughout the ordinance with the word "plant or plants." He stated that the revised ordinance is presented for consideration. Mayor Pieper called for public comment. Roger Hawkins, 37 Crest Road West addressed the City Council in opposition to the ordinance stating that he feels the ordinance is ripe for litigation and is redundant and unnecessary. Michael Sherman, 33 Crest Road East addressed the City Council stating that based on his experience during a view impairment case against his property, he learned that in situations like his where there are natural drainage courses and unstable land situations, dead tress should not be removed. He suggested that his property should be exempted from the ordinance if it is adopted and stated that he will hold the City responsible for future losses should trees be required to be removed from his property. In response Councilmember Mirsch commented that the City will follow the nuisance abatement process when enforcing the ordinance and will comply with all applicable environmental laws and regulations in implementing the ordinance. Tom Heinsheimer, 7 Johns Canyon Road addressed the City Council in support of the ordinance stating that he feels the ordinance reinforces the County and State ordinances and provides a measure of local control. Minutes City Council Meeting 11-23-15 Norm Miller, 4 Chesterfield Road addressed the City Council stating that he feels that if there are other governmental agencies that can address fire fuel issues then the City does not need this ordinance. Marcia Schoettle, 24 Eastfield Drive addressed the City Council in opposition to the ordinance stating that she applauds the City's efforts in trying to protect the City from fire, but she does not feel this ordinance is the way to do it. She expressed concern that since the process is complaint driven that neighbors could use this process to address view impairment issues. Mayor Pro Tem Dieringer suggested that the City Council move cautiously and take more time to consider legal opinions to determine that this ordinance is the best way to address fire fuel issues because based on her preliminary research, she has some concerns regarding the constitutionality, including preemption of the proposed ordinance. In response to Mayor Pro Tem Dieringer's comments, City Attorney Jenkins stated that he has reviewed the ordinance and he is satisfied with it. He stated that it is constitutional, lawful and is a proper exercise of the City's police power per Government Code Section 38771. Mayor Pro Tem Dieringer expressed further concern that the City Manager does not have the expertise to enforce the ordinance. Councilmember Black moved that the City Council waive full reading and adopt Ordinance No. 345 pertaining to abatement of fire fuel hazards. Councilmember Wilson seconded the motion, which carried with Mayor Pro Tem Dieringer opposed. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETING HELD ON NOVEMBER 12, 2015. (ORAL REPORT) Mayor Pro Tem Dieringer provided a recap of the discussions from the November 12`h Regional Law Committee meeting including and the discussion pertaining to additional funding for an additional Surveillance and Apprehension Team (SAT) Detective to help combat burglaries. She stated which will be agendized for the City Council's consideration in January. MATTERS FROM STAFF City Manager Cruz reported that an Associate Planner has been hired and will start with the City on December 28, 2015. In response to Councilmember Mirsch's suggestion that when information is available about the coming SCE upgrade project that it be presented to the City Council, City Manager Cruz stated that when SCE provides the detailed information, the matter will be agendized. Mayor Pro Tem Dieringer suggested that staff work with the Williamsburg undergrounding group to help move the project forward. PUBLIC COMMENT ON CLOSED SESSION ITEMS Minutes City Council Meeting 11-23-15 None. CLOSED SESSION Government Code §54957 Public Employee Performance Evaluation Title: City Manager Government Code §54957.6 Conference with Labor Negotiator City representative: Personnel Committee (Pieper and Dieringer) Unrepresented employee: City Manager The City Council recessed into closed session at 10:08 p.m. to discuss the matters listed above on the closed session agenda. The meeting returned to open session at 10:32 p.m. RETURN TO OPEN SESSION ANNOUNCEMENT OF ACTIONS FROM CLOSED SESSION (ORAL REPORT). The meeting was called back to order in open session at 10:32 p.m. City Attorney Jenkins reported that the City Council met in closed session to discuss the item listed above and no reportable action was taken. ADJOURNMENT Hearing no further business before the City Council, Mayor Pieper adjourned the meeting at 10:33 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, December 14, 2015 beginning at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce City Clerk Approved, Jeff Pieper Mayor Minutes City Council Meeting 11-23-15