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02-22-16 MINUTES OF A REGULAR MEETING OF THE CITY C�UNCIL OF THE CITY OF ROLLING HILLS,CALIFO1tNIA MONDAY,FEBRUARY 22,20ib CALL TO ORDER --- A regular meeting af the City Council of the City of Rolling Hills was cailed to order by Mayor Pieper at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road,Rolling HiIls, California. ROLL CALL Councilmembers Present: Black,Dieringer,Mirsch, Wilsor�and Mayor Pieper. Councilmembers Absent: None. Others Present: Rayrnond R. Cruz, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Shahla Hemmat, d2 Eastfield Drive. Lynn Gill, 31 Chuckwagon Road. James Wald, 7 Quail Ridge Road Sauth. Howard Weinberg,Attorney. Marcia Schoettle, 24 Eastfield Drive. Hal Light,Attorney. Kirt Behera, 12 R.ingbit Road East. Jeanne Saks, 33 Crest Road West. �� CON5ENT CALENDAR A. Minutes -Regular Meeting o£Februaxy 8, 20 i 6. RECONII1�fENDATION: Approve as presented. B. Payment of Bills. RECOMII�NDATIQN: Approve as pre�ented. C. Financial Statement for the Month of January, 2016. RECOMIVV�NDATION: Approve as presented. D. Allied Recycling Tannage Report for December,2015 and Januaxy, 2016. RECOMMENDATION: Receive and file. Couz�ci�nember Black moved that the City Councii approve the iterns on the consent calendar as presented. Councilmember Mirsch seconded the motion, which carried without objection. COMMISSION ITEMS None. PUBLIC HEARINGS CONSIDERATIQN OF TWO APPEALS OF COMMIT'TEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CTV SETTING FORTH FINDINGS RELATIl�iG TQ TRIMMIl�TG OF TREES AT 15 PORTUGUESE BEND ROAD DUE TO VIEW IlVIPAIRMENT FROM 18 PORTUGUESE BEND ROAD. At the request af the applicants, consideration of this �atter was continued ta an adjourned regular meeting of the City Council scheduled to be held on Monda.y, March 21, 2016 beginning at 6:00 p.m. for the purpose of conducting a site visit to i S Portuguese Bend Road and �5 Portuguese Bend Road, Rolling Hills, Califarnia. -1- DRAFT ZONING CASE NO. 869, SUBDIVISI�N NO. 94, VESTING TENTATIVE PARCEL MAP NO. 72775 —A REQUEST TO SUBDIVIDE AN EXISTING LOT TOTALING 7.05 ACRES GROSS IlVTO 2 PARCELS OF LAND AS FOLLOWS: PARCEL l: 3.70 GROSS ACRES, 3.0 NET ACRES; P.ARCEL 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-5-2 ZONE, RESIDENTIAL AGRICULTURAL-SUBURBAN 2-ACRE MINIMUM NET LOT AREA, TO BE IMPLEMENTED BY MR. TIM HYNES. PURSUANT TO CEQA REQUIREMENTS, IT WAS DETERMINED THAT 'TI� PRQJECT W�LL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT WITH APPLICABLE MITIGATION MEASURES AND THEREFORE, A MITIGATED NEGATIVE DECLARA'TION HAS BEEN PREPARED. Application was withdrawn. The matter was not discussed and no action was taken. OLD BUSINESS CONSIDERATION OF RESOLUTION NO. 1182 ADOPTYNG ADMINISTR.ATNE REGULATIONS INTERPRETTNG MEASURE B RELAT�NG TO VIEW PRESERVATION. Mayor Pieper introduced the item and asked for staffs camments. Planning Directar Schwartz stated that this is a continued discussion regarding the adoption af administrative regulations interpreting Measure B related to View Preservation. She reviewed the correspondence received since the last meeting from Lynn Gill and Kirt Behera, as summarized in the staff report. She further reviewed the correspondence received today frorn Mayor Pro Tem Dieringer regarding acquisition date. She stated since the last rneeting, staff has researched the various arborists associations inc�uding the American Society of Consulting Arborists (ASCA) as well as the various resources available regarding maturity of trees and it appears that tl�e Sufaset Western Garden Book is the most widely used reference book. She further stated that after doing this research and speaking to two experts on the subject, staff has provided a definition for the City Council's consideration, which includes the concept ttiat maturity is when a tree approaches its expected canopy height and width. She stated that the third part of the interpretation incl�des an interpretation regarding retroactivity. Discussion ensued concerning the proposed interpretation of "mature trees" as provided by staff— For purposes of RHMC Section 17.2b.090(2} a tree will be considered mature when it has achieved 75% of its expected canapy height and width {spread.) "Expected canopy height and width" will be as set forth in the latest edition of Sunset Western Garden Book. In response to Mayor Pro Tem Dieringer's comments regarding the potential for litigation, City Attorney Jenkins stated that he resists the notion that everything the City Council does needs to be driven by consideratians of litigation. He stated that the City Council should examine the evidence presented as well as the testimony received and come to a decisio� that is supported by the information received and a fair reading of Measure B. He further commented that the City Council shauld use some sart of reference like Sunset Western Gardez�Book in determining rnaturity. Mayar Pieper called for pubiic comment on the rnatter of"maturity." Shahla Hemmat, 62 Eastfield Drive addressed the City Council stating that this issue of maturity should nat apply to all trees anly thase trees that are historic{specimen)trees. Lynn Gill, 31 Chuckwagon Road addressed the City Council to suggest t1�at there is evidence to support using 75% of the tree height. James Wald, 7 Quail Ridge Road South addressed the City Council to suggest that an arborist should be used to determine maturity. Howard Weinberg, Attorney addressed the City Council in suppart of the proposed definition but suggested that the percentage be 85% and eliminating the reference to regular cutting a�nd use prior cutting instead. Marcia Schoettle, 24 Eastfield Drive addressed the City Cauncil to suggest that the reference ta previously trimmed trees be eliminated completely. Minutes City Council Meeting 02-22-16 -2- DRAFT Hal Light, Attarney addressed the City Couz�cil to also sugg�st that the reference to previously trimmed trees be eliminated completely. Further discussion ensued concerning the issue of maturity. Maqor Pieper suggested that the City Council come to a decision on the maturity issue sa that the existing ordinance can be applied cansistentIy and at the next regular election, place a measure on the ballot ta repeal Measure B and clarify the ordinance to achieve the intent of Measure B which was "the view yau bought is�he view get." _ Mayor Pro Tem Dieringer expressed concern that the term "expected" height and width doesn't pmvide enough guidance and suggested that a consulting arborist certif ed by the ASCA be used to determine matur�ity. Councilmember Mirsch commented that in her op�nion, it is reasonable to chaose a percentage of the height and width and use the Sunset Western Gazden Book as reference. Further discussion ensued concerning the definition of maturity. Iri response to Mayor Pieper, City Attorney Jenkins stated that the City Council needs a definition in light of the fact that many af #he arborists consu�ted indicated that there is no standard definition whereas Measure B assuxned that there was a standard definition. He further stated that there needs to be unifortnity so that every case and e�ery tree is judged on the basis of the same defmition and the there is nothing in the definition that pr�cludes the City from consulting an azborist if it fee�s one is necessary. Councilmember Wilson commen#ed the he agrees there needs to be same objective criteria to use for determini ng maturity. Following discussion, Mayor Pieper moved �he City Council approve the definition of "mature" in Chapter 2 Section 2001 as follows: "For purposes of RHI1�IC Section 17.26.090(2) a tree will be considered mature when it has achieved 75°/a of its m�imum canapy height and width (spread.} `Maximum canopy heigl�t and width' will be as set forth zn the latest edition of Sunset Western Garden Book" and to eliminate the reference to previously trimmed trees completely. Councilmember Mirsch --- seconded the motion. Following further discussion, the motion carried with Mayor Pro Tem Dieringer oppo�ed because in her opinion, tb.e definition is not based on arborists standards and Coi.Fncilmember Black opposed. Recognizing that it was after 8:00 p.m., Mayar Pieper called for public comment on �natters not on tonight's agenda. OPEN AGENDA-APPROXIMATELY 8:00 P.M. -PUBL�C CONIlI�NT WELCOME Marcia Schoettle, 24 Eastfield Drive addressed the City Council ta express concern that property owners are cutting down trees to create trees and majestic trees are being lost. OLD BUSINESS (CONTNUED) CONSIDERATION OF RESOLUTION NO. 1182 ADOPTING ADMINISTR.ATIVE REGULATTONS INTERPRETING MEASURE B RELATING TO VIEW PRESERVATION. The City Council continued its discussion regarding administrative regulations interpreting Measure B. At the request of a membe;r af the public,Mayor Pieper accepted public comment out of order. Jarnes Wald, 7 Quail Ridge Road Sauth addressed the City Council to express his cancern that the � proposed definition of rnature wi�ll not withstand judicious scrutiny. The City Council continued its discussion regarding administrative regulations interpreting Measure B relat�ng to maturity. The City Council concurred to approve Section 2002 and Section 20Q3 as presented. Discussion ensued concerning the issue of "Date of Property Acquisition." Mayar Pro Tem Dieringer expressed cancern that the proposed defmition which includes the language that the acquisition date sha11 be tl�e most recent dated title to �he property was conveyed for "fair market value" does not proviide adequa.te clarity and suggested an alternate definition as shown in the document she provided for consideration. Further discussion ensued concerning the definition of acquisition. Minutes City Council Meeting 02-22-16 -3- DRAFT Mayor Pieper called for public camment. Kirt Behera, 12 Ringbit Road East addressed the City Council regarding corridar view and to further explain the correspondence he submitted. Jeanne Saks, 33 Crest Road West regarding acquisition date and maturity. Howard Weinberg, Attorney addressed the City Council in support of the approach taken regarding the date of acquisitian as drafted and suggested that instead of the term fair market value, the term valuable consideration should be used froan a buyer to a seller. Hal Light, Attorney addressed the City Council regarding the issue of maturity and to suggest that a consulting arborist be�sed determine maturity. Shahla Hemmat, 62 Eastfield Drive addressed the City Council to suggest that the matter be further studied. Further discussion ensued concerning Mayor Pro Tem Dieringer's suggestion that language be added to the regulations to require that the City use a consulting arborist certified by the American 5ociety of Consulting Arborists when an expert opinion is requi:red. Mayor Pro Tern Dieringer moved that the City Council include in the regulations that any arbor�st hired by the City to aid the Committee on Trees and Views in deterininations made pursuant to the View Ordinance be a certified arborist from the American Society of Consulting Arborists. The motion was withdrawn and upon consensus of the City Co�xncil, staff was directed to add language regarding ASCA certification and check the certification a�local arborists. Discussion ensued concerning the interpretation of the date of acquisition and Mr. Weinbe:rg's suggested chariges. Councihnember Mirsch moved that the City Council approve Section 1001 Interpretation of Date of Acquisition of Property as presented by staf£ Council�nember Wilson seconded the motion, which carried with Mayor Pro Tem Dieringer opposed. Staff was directed to return with a revised Resolution to adopt the Regulations interpreting Measure B as amended. Consideration of this matter was continued to an adjoumed regular meeting of the City Council scheduled to be held on Monday, March 14, 2015 beginning at 7:00 p.m. in the Council Chamber at Rolling Hills City Hall, 2 Portuguese Bend Road,Rolling Hi11s, California. NEW BUSINESS None. MATTERS FR�M THE CITY C�UNCIL 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 F�R A LOS ANGELES COUNTY PHARMACEUTICALS AND SHARPS COLLECTION AND DISP4SAL STEWARDSHIP ORDINANCE. Mayor Pieper introduced the item and asked for staf�'s comments. City Manager Cruz stated that this matter was agendized far consideration af sending a letter in support of the proposed County ordinance for disposal s#ewardship of pharmaceuticals and sharps. He furkher stated that the draft ordinance has been provided£or further consideration. Following discussion no ac�ion was taken. UPDATE ON TI� PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETING HELD ON FEBRURY 1 i, 2016. (ORAL REPORT} Mayor Pro Tem Dieringer pro�ided an update on the discussion from the February 11, 2Q16 Palos Verdes Peninsula Regional Law Enforcement Committee meeting stating that the Committee agreed to hire an additional SAT detective to address the burglary issues and the Committee is discussing adding additional cameras to monitor vehicles coming in and out of the Peninsula. She further stated that the City Managers will be interviewing patential candidates to replace Captain Bolin who was recently promoted to Comrnander and will be leaving the Lomita Station. Minutes City Council Meeting 02-22-16 -�- DRAFT OTHER MATTERS FROM THE CITY COUNCIL Senior Tssues — Following discussion, Councilrnember Mirsch offered to check with RHCA & Waxnen's Club and report back to City Council w/recommendatian for supporting the City's senior population to be agendized on a future agenda. Brush Clearance — Following discussion upon Councilmember Black's suggestion, the City Council directed staff to include a reminder in newsle�.ter regarding the brush clearance deadline and dead tree " ordinance. MATTERS FROM STAFF REPORT REGARDING PROCESS FOR REVIEWING DEVELOPMENT PR�JECTS ELIGIBLE FOR ADMIlVTSTRATIVE(OVER-THE COUNTER)APPROVAL. Ptanning Director Schwartz presented the staff report and reviewed the process for reviewing development projects eligible for administradve (over-the-counter) approval. Following disctxssion, staff was directed to make some minar changes to the application to include space for applicant initiats in key areas and adding a requiremezrt for app�icants to submit photographs to verify what currently exists on the property. OTHER MATTERS FROM STAFF City Manager Cniz reparted that he will be attending the annual Sherri#�s Dept. Educational Semiz�ar in Santa Clarita.on Thursday and Friday and that it was indicated to him that the Sherifi�s Dept. contract will going up by 2-3% and that the Liability Trust Fund surcharge wi11 be incr�asing by 9%. CLOSED SESSION None. ADJ�URNMENT Hearing no further business before the City Council, Ma.yor Pieper adjourned the meeting at 10:41 p.m. to an adjourned regulax meeting of the City Council scheduled to be held on Manda.y, March 14, 2416 beginning at 7:00 p.m. in the Ciry Council Chambe�r at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce City Clerk Approved, �„-�--E� __ �._�.�-.�a,.��� �-' ,�,.�.. _-�,. Jei�Pie�e�� - ` Mayor Minutes City Council Meeting o2-Zz-i 6 -s-