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05-09-16 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCII. OF THE CITY OF ROLLING HILLS,CALIFORNIA MONDAY,MAY 9, 2415 CALL TQ ORDER __._ An adjourned regular meeting of the Cxty Councii of the City of Rolting Hills was called to order by Mayor Dieringer at 7:OQ p.m. in�he City Council Chainber at City Hall, 2 Portuguese Bend Road, RoIling Hifls, California. ROLL CALL Councilmembers Present: Mirsch,Pieper, Wilson and Mayor Dieringer. Councilmembers Absent: Black(excused). Others Present: Raymond R. Cruz, City Manager. M1kE JBl11Uri5, City Attorney. Yolanta Schwartz,Ptanning Director. Heidi Luce, City Clerk. Terry Shea, Finance Director. Arun Bhumitra, 13 Buggy Whip Drive. Marcia Schoettl.e, 24 Eastf eld Ihive. Tony Oliva, Attorney(on behalf of 5 Quail Ridge Road South). Norm Miller,4 Chesterfield Road. Spencer Karpf, 8 Mav�rick Lane. Fred LQrig, 1 Spur Lane. Liz Johnson, 8 Eastfield Drive. _, James Wald, 7 Quail Ridge Road South. Caro1 Witte, 5 Quail Ridge Raad Soutl�. John Nunn, t Crest Road West. Jim Aichele, 14 Crest Road West. Richard Colyear, 35 Crest Road West. Dan Nguyen, 5 Buggy Whip Drive. Ra.ghu Mendu, 1 Rea#a Lane. Laura Crregorio, 45 Eastfield Drive. Tai Chung, 11 Roadrunner Road. Stewart Darryll, 1 I Chuckwagon Road. V'Etta Virtue, 4 Maverick Lane. OPEN AGENDA-PUBLIC COMN�NT WELCOME None. CONSENT CALENDAR Matters whicn may be acted upon by the City Council in a single motion. Any Councilmernber may request removal of any item from the Consent Calendar causing it to be considered under Counci�Actions. A. Minutes -Regular Meeting of Apri125,2016. RECOMMENDATIQN: Approve as presented. B. Payment of Bills. RECONIlVIENDATION: Approve as presented. C. A11ied Recycling Tonnage Report for Maxch, 201b. RECOMMENDATION: Receive and file. D. Consideration of Providing Authoriza.tion to Change Irxsurance Brokerage Firms and Some Providers for Dental, Vision, Life and Long-term Disability Insurance. RECOMII�NDATION: Approve as presented. Mayor Dieringer asked that item 4-A be removed from the consent calendar for individual consideration. Councilmember Pieper rnoved that the City Council approve the remaining items on the consent calendar -1- as presented. Cauncilmember Mirsch seconded the motian,which carried withaut objection. A. Minutes -Regular Meeting of Apri125, 2015. Mayor Dieringer moved that the City Council table this item until the next meeting of the City Cauncil and direct staff to review the minutes to include more detail an the discussion and�ustification for ttie decisian pertaining to the view appeal. Councilrnember Pieper seconded the motion,which carried without objection. CONIMISSION ITEM5 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 TI� RESIDENCE, AND VARIANCES TO ENCROACH WITH A PORTION OF THE ADDITION UF 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}, RQLLING HILLS, CA (NiILLER}. THE PROJECT IS EXEMPT FROM THE CALIFOItNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION �5301, CLASS 1 EXEMPTION GUIDELINES. Mayor Dieringer introduced th.e item and asked for staffls cornments. Planning Directar 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 �ot stating that the property is served by a Iong, 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 tl�e front yard setback. She stated that the applicant also proposes ta retain an existing shed Iocated in the side setback. She further stated that the applicant revised the projec� from the initial submittal to address concerns raised by the Planning Commission. She stated that al1 of the development standards meet the requirements of the Zoning Code. 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 Dri�e. Councilmember Wilson seconded the motion, which carried without objection. Mayor Dieringer suggested that Matters from Staff item 10-A rega�'ding purchasing certificates of deposit be taken out of arder. Hearing no objectaon, 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) frorn Preferred Bank and US Bank in the fizlly FDIC insured amounts of$245,000 each at a rate of 1-1.5% Following brief discussion, Counci�member Wilson moved that the City Council autharize the City Manager to purchase up to 24-month CD's from Preferred Bank and US Bank in the amou�t af$245,Q00 each. Councilmember Mirsch seconded the motiQn, which carried without objectian. Finance Director Shea stated that the necessary custodial agreements will be presented ta the City Council for fnal approvat. 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 char�ged how a �iew is defined in the City's view ordinance to be the view that existed when Mint�tes City Council Meeting OS-09-16 -2- fhe properry was acquired and added limitations irxcluding that a view may not be panoramic but rather corridors and that mature trees are except from actxon under the ardinance. She further stated that Measure B changed the burden of proof far establishing a view to the standard of clear and convincing evidence and established a priority for that e�idence to include photographs, expert testamony and other evidence. She sated that the City Council is seeking input from residents with regard to these matters and what might be a �au balance. Mayor Dieringer then called for public commenf. � 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�iew issues. Marcia Schoettle, 24 Eastfield Drive address�d the City Council stating that she helped pass M�asure B to stop the indiscrirriinate cutting of frees 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 �iew matters. Tony Oliva, Attorney on behalf of 5 Quail Ridge Road South (Witte) addressed the City Council to express concern regarding the retroactivity portian of Measure B. He explain�d the histozy of the Witte view case stating that the matter was ujtimately resolved between the parties and a Resolution, adopted by the City Council, was recarded on both properties. Norm Miller, 4 Chesterfield Road addressed the City Council stating that Measure B says that you get tl�e view you had when you moved�n 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 af the residents as are evidenced by the passage oF — Measure B. Fred Lorig, 1 Spur Lane addressed the City Council sta.ting 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 Hilis Community Association on the same track with their efforts regaz�ding view preservation beirig coordinated. Liz Johnson, 8 Eastfield Drive addressed the City Council stafing t�at she is not familiar with this topic, but she is here ta speak for the trees and she fee1�the ordinance incentivizes peaple to overdo it and fighfi over trees. James Wald, 7 QuaiZ 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 trirnming 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 ha�ing priva�e arbitration instead. Carol Witte, 5 Quai1 R.idge Road South addressed the City Cauncil stating that she believes the Wald's were aware of the conditions of the view resolution when they purchased their property. Tohn Nunn, 1 Crest Road West addressed the City Council s#ating 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 lirnits in the ordinance. Jim AicheZe, 14 Crest Road West addressed the City Council stating that residents should nat be able to exercise rights under both the City and RHCA's view preservatioz� processes. He suggested that the City get out of the view business and leave it to the RHCA. Ri.chard 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 2417 ballot and those who are trying to preserve Minutes City Councii Meeting os-a9-i6 -3- Measuxe B wi11 do every�hing they can to support it. He suggested that the City Council at�empt 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 nat 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 atta.cks doe not have a place in trees and view discussions. He commented�hat he also�elieves there should be balance and both sides o�the issue should be considered without emotions. Laura Gregorio, 45 Eastfield Drive addressed the City Council stating that a praperty should be entitled�o the view they had when they purchased their prop�;rty 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 maa�imum tree height shown in tYie 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 nevc�ly plan#ed trees that may grow into a view are addressed when they axe planted. V'Etta Virtue, 4 Maverick Lane addressed the City Council stat-�ng that they have been on both sides of the view issue and residents need to rernember why they moved into the City including the privacy and beauty of the City. Hearing no further public comment, Mayor Dieringer clased the public cornment 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 baught 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 #hat the advantage of repealing Measi.ire B and adopting something in it� 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 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 comrnunity wants to be in this matter. Councilmernber Mirsch thanked the audience for participating in the meeting and stated that she appreciates that people care. She stated that she daesn't see the City Council as view people or tree people bu� 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 anather measure on the ballot, the groups should work together to craft sarnething that works to be adopted by the City Council. Councilrnember Wilson also thanked the audience for participating in this meeting and stated that he understands haw this matter became so divisi�e. He stated that the current City Council has gi�en 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 rneasure. 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 �iews. 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 Minutes City Counci�Meeting OS-09-16 -4- suggested using a mechanism to get the consensus of the comrnunity as ta what is a balanced and fair ordinance. She stated that the objective is to make the standards rnore uniform and more evenly applicable and defined. In response to Councirmember Mirsch, Mr. Colyear stated that what was subrnitted in draft form by Dr. Gill is representative of what they are considering subrnitting as a measure but it needs �'urther 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 anather measure on the ballot. Following further discussion and public comment with regard to how to best proceed, CounciImember Pieper moved that the City Council appoint Councilrnembers Mirsch and Pieper to an ad hoc committee to fixrther cansider this matter and t� meet with the crafters/revisionists of Measure B. Councilmernber Mirsch seconded the motion,which carried withaut objection. NEW BUSINESS None. MATTERS FROM THE CITY COUNCIL.AND MEETING ATTENDANCE REPORTS CONSIDERA.TION OF A RECOMMENDATI4N FROM TI� PERSONNEL COMMITTEE FOR AN APPOINTMENT TO THE TRAFFIC COMMISSION. Mayar Dieringer introduced the i#em and asked for a report from the Personnel Committee. Councilmember Mirsch sta.ted that Personnel Committee met to consider tt�e 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. Councilrnernber Wilson moved that the City Council approve t�ie Personnel Committee's recornmendation to appoint Charlie Raine to serve on the Rolting Hills Traffic Commission for #he remainder of the unexpired term. Councilmember Pi�per seconded the motion,which carried without abjection. DISCUSSION CONCERIVING THE UTILIZATION OF A CABALLEROS REPRESENTATIVE TO BE A VOLUNTARY CQNSULTANT TO RESIDENTS WHEN CONSTRUCTING NEW AND REMODELING OLD BARNS. (ORAL ONL� Councilmember Pieper suggested that the City Counci� ask Caballeros to provide a representative to gi�e input to residents when constructing stables. Fol�owing brief discussion the City Co�ancil asked Councilmember Mirsch, as the liaison to Cabalieros, to discuss this matter with Cabalieros to suggest that they develop a handout regazding effecdve stable design for property owners to use as a reference when deveIoping/designing a stable. Councilmember Wilson asked for clarification on the City's traveUreimbursement policy and suggested that the matter be agendized for £uture discussion. City Manager Cruz stated that this matter will be discussed by the FinanceBudget/Audit Committee at the next Committee meeting and will be �rought to the City Cauncil as a part of the budget deliberarion. CLOSED SESSION None. T ADJOURNMENT Hearing no further bus�ness before the City Council, Mayor Dieringer adjourned the rneeting at 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 Hiils, California. Minutes City Council Meeting OS-09-16 -S- Respectfully submitted, E � �, � r� � � Heidi Luce City Clerk Appro�ed, . � , � � Bea Dier�nger Mayor Minutes City Counci�Meeting OS-o9-16 -6-