10-24-16 MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL 4F THE
CITY OF ROLLING HILL�, CALIFQRNIA
MONDAY, OCTOBER 24,2015
CALL TO ORDER
^ A regular meeting of the City Council of the City of Rol�ing Hills was called to order by Mayor Die�ringer
at 7:02 p.m. in the City Council Chamber at City Hall,2 Portuguese Bend Road,Rolling Hills, Califarnia.
ROLL CALL
Councilmembers Present: Black, Mirsch,Pieper,Wilson and Mayor Dieringer
Councilmembers Absent: None.
�thers Present: Raymand R. Cruz, City Manager.
Yolanta Schwartz,Planning Director.
Mike J�nkins, City Attorney.
Hexdi Luce, City Clerk.
Diana Nuccion, 18 Porluguese B�nd Road.
Howard Weinberg,Attorney{1$ Portuguese Bend Road).
Hal Light,Attorney(15 Portuguese Bend Road).
William and Judith Hassoldt, 15 Portuguese Bend Road.
Ruben Green, Consulting Arborist.
Dr. Mark Minkes, 44 Chuckwagon Road.
Marge Schmit, 17 Buggy Whip Drive.
OPEN AGENDA-PUBL�C CONIlVIENT WELCOME
^ None.
CONSENT CALENDAR
Matters which may be acted upan by the City Cauncil iri a single motion. Any Councilmember may
request removal af any item from the Consent Caiendar causing it to be considered under Council Actions.
A. Payment of Bi11s.
RECOMIVV�NDAT�ON: Approve as presented.
B. Financial Statement far the Month of August and September, 201b.
RECONIlV�NDATION: Approve as presented.
C. Allied Recycling Tannage Report for September, 2016.
RECOMIV�NDATION: Receive and file.
D. SECOND READING AND ADOP'1�ON OF ORDINANCE NO. 347 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CiTY OF ROLLING HII.LS M4VING THE DATE
OF THE CITY'S GENERAL MUNICIPAL ELECTION FROM THE FIRST TUESDAY
AFTER THE FIRST MONDAY IN MARCH QF EVERY ODD-NUMBERED YEAR TO
THE FIRST TUESDAY AFTER 'THE FIRST MONDAY IN NOVEMBER OF EVERY
EVEN-NUMBERED YEAR BEGINNING IN NOVEMBER 2020.
RECONIlI�NDATION: Waive fall reading and adopt ardinance.
E. Consideration of Resolutions pertaining to the City of Rolling Hills General Municipal
Election scheduled for Tuesday,March 7, 2017:
{1) RESOLUTiON NO. 1�92: A RESOLUTTON �F THE CITY COUNCiL OF THE
CITY OP 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
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO
GENERAL LAW CI'TiES.
(2) RESOLUT�ON N�. 1193: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF L4S ANGELES TO DIRECT THE
REGISTRAR-REC�RDER/COUNTY CLERK TO ADMiNISTER, MANAGE AND
OVERSEE THE CITY OF ROLLING HILLS' GENERAL MUNFCIPAL ELECTIQN
TO BE HELD ON TUESDAY, MARCH 7, 2017; AND REQUEST FOR
-1-
CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH ANY
COUNTYWIDE ELECTION HELD ON MARCH 7, 2Q17
(3) RESOLUTIQN N4. 1144: 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.
Councilmernber Pieper moved that the City Council apprave the items on the consent caleztdar as
presented. Councilmember Mirsch seconded the motion,which carried without objection.
Mayor Dieringer stated that if there is no objection, Item l0A under Matters from Staff will be taken out
of order. Hearing no objection, she so ordered.
MATTERS FROM STAFF
QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING
SEPTEMBER 30, 20�6.
Finance Director Shea presented the quarterly investment report for the quarter ending September 34,
2016. Councilmember Wilson moved that the City Council receive and fi1e the quarterly investment report
for the quarter ending September 30, 2Q16. Councilmember Pieper seconded the motion, which carried
without objection.
COMMISSION ITEMS
None.
PUBLIC HEARINGS
RE-OPEN A PUBLIC HEARING TQ CONSIDER TWO APPEALS OF THE COMMITTEE QN
TREES AND VIEWS' RESOLUTION NO. 2015-03-CTV RELATING TO THE VIEW
IMPAIItMENT COMPLAINT FILED BY T'HE PROPERTY OWNERS OF 1$ PORTi1GUESE
BEND ROAD REGARDING TREES LOCATED AT 15 PORTUGUESE BEND ROAD FOR
THE LIMITED PURPOSE OF RECEIVING ADDITIONAL EVIDENCE ON TI� ISSUE OF
THE VIEW THAT EX�STED WHEN THE COMPLAINANTS ACQUIRED THE PROPERTY.
Mayor Dieringer introduced the item and asked far staffls comments. Planning Director Schwartz
reviewed the background on this matter and stated that this is a re-opened public hearing on a view
impairment case that was decided by the Committee on Trees and Views and then appealed to the City
Council by both parties in the case. She sta.ted that the original view impairment complaint was filed by
the property owners at 18 Portuguese Bend Road(Nuccion)regarcling trees lacated at 15 Portuguese Bend
Road (Hassoldt) and the Committee on Trees and View issues a decision in which out of the 11 trees at
issue, nine were to be trimmed every two years to restore and maintain the view from the property at 18
Porluguese Bend Road. She further stated that both parties appealed that decision to the Ci�y Council and
the City Council held several public heaxings; visited the site and in April directed staff to prepare a
resolution confirming the Committee on Trees and Views decision to restore the view. She stated �hat
staff, in prepa�ng the resolution, reviewed the evidence and recommenc�ed an intermediary step to allow
the applicant to submit additional infortnation to clarify whether or not there was a�iew in April of 2009
when the Nuccions acquired the property. She stated that both parties have submitted pictures,
declarations and evidence with regard to this matter; and additional information was received today and
has been placed on the dais for the City Counci�'s consideration.
Ms. Schwartz stated that the City Council's task for this meeting is to review the evidence and determine
if adequate,persua.sive evidence has been submitted to establish by clear and convincing standards that the
view existed in 2009 when the Nuccions purchased the property. She stated that the City Council may,
upon review of the evidence, direct staff ta prepare a resalution upholding �he Committee on Trees and
Views decision; amend the decision as the City Cour�cil find appropriate; determine that sufficient
evidence does not exist to establish that the view existed in 2009; or request additional information. She
stated#hat the City Council may also determine the scope af the view to be restored in order to prescribe
the appropriate remediation; or uphold the Committee's decision in that regard.
Minutes
City Council Meeting
10-24-16 -2-
In response to Councilmember Wi�son, City Attorney Jenkins stated that remanding the matter back to the
Committee on Trees and Views for further review is an option if the City Council believes that further
review by the Committee would aid the City Council in making its final decision.
City Attorney Jenkins reviewed additional background on this matter stating that in June, at Mr. Light's
request, the City Council asked Mr. Weinberg to produce the photographic evidence including the
metada,ta associated with the photographs and provided a deadline by which that e�idence was to be
submitted. He noted that although the photographs were not submitted within the al�otted time, there was
likely no prejudice in that regard and the hearing was just pushed back un#il the evidence was received and
_ both parties had time #o re�iew the evidence. City Attorney Jenkins further stated in response to Mr.
Light's e-mail that was received today and placed on the dais asserting that Mr. Green's declaration was
not given apprapriate cansideration, that he �urther reviewed the declaration and the commetrt in the staff
report may have been too summary; and that Mr. Green's declaration could be used �indirect�y, to discuss
the issue of what #he view may have been in 2009. He fixrther emphasized that the City Council's task
tonight is to review the eviderrtiary Fnaterial submitted, take additional public testimony and then weigh
the evidence in order to describe with specificity the evidence which is persuasive and why.
Tn response to Councilmember Pieper with regard to the metadata provided, City Clerk Luce stated that
the metadata information is provided in the table submitted by Mx. Weinberg and the information was
verified against the actual photographs by staff. It was noted by Mayor Dieringer that one additional
photograph dated July 14, 2010 has been submitted. In response to Mayor Dieringer with regard to that
specific nighttime photograph, City Attorney Jenk�ins stated that the dec�aradon from Diana Nuccion states
when and from where the photo was taken. Atsa in response to Mayoar Dieringer regarding two other
photographs submitted w:ith a handwritten date, Ms. Schwartz stated that those photographs were
submitted with the original application. Brief discussion ensued concerning the viewing area, the
photographs submitted and whether or not any tree trimming occurred prior ta 2011.
Mayor Dieringer called for public comment.
Diana Nuccion, 18 Portuguese Bend Road addressed the City Council to clarify that the phatagraph dated
July 14, 2010 was originally submitted to the City in February 2Q15. With regard to previous tree
— trimming, Mrs. Nuccion stated that they did one tree trimming in 2011 and the trees were subsequently
maintained every six months. She stated that the declarations from Mr. James (Robby) Roberts and Mrs.
Schmit and the MLS �isting all confirm that there was a view in 2009.
Howard Weinberg, Attomey (Nuccion) addressed the City Council stating that although not fram 2009,
the evidence submitted confirms that a view did exist from the property in 2009. He stated that the
photographs along with the declarations and MLS iisting submitted provide further evidence that there
was a view. He further commented that Ms. Kastiuk's analysis further supports that there was a view
based on the tree heights calculated as compared to the laser measurements. With rega�rd to Mr. Green's
deciazation submitted by the Hassoldts, he coanmented that he does not believe it diminishes the other
evidence submitted.
Hal Light, Attomey (HassoIdt) addressed the City Council statin.g that the evidence submitted by Ruben
Green is the most probative e�idence submitted and he believes it should be given the appropriate weight.
He stated#hat the photographs submitted by the Nuccions are all from February 2011 or later and he does
not believe the evidence provided confirms that a view existed in 2009 when the Nuccions acquired the
property. He compaxed the evidence submitted by Ms. Kostiuk with the e�idence submitted by Mr. Green
and asserted that Mr. Green's evidence contradicts Ms. Kos#iuk's e�idence provuig that the view could not
have existed in 2009. He further asserted that the evidence suggests tha.t the trees were trimmed between
2008 and 2009 ta create the view. Mr. Lfght further expressed concern regarding the way th� evidence
was submitted and stated that he believes that is was not submitted in a straightforward manner.
� Ruben Green, Consulting Arbaris� addressed the City Council to further ex�lain the declaration he
submitted and reviewed the aerial images that he used to make his assertion that the view could not have
existed iri 2009. In response to Mayor Dieringer regarding the number of trees shown in the c�ump of
trees shown on the 2008 image, Mr. Green stated that he did not visit the property, but he would estimate
it�o be 5-b trees. In response to Councilmember Pieper, he sta.ted that he can't canfirm which trees are on
the property at 13 Portuguese Bend Road or 15 Portuguese Bend Road. In response to Mayor Pro Tem
Black with regard to correlation between the aerial images and the MLS �mages submitted by the
Nuccions, Mr. Green stated that the vantage points in the MLS photographs are skewed and cannot be
campared. Discussion ensued concerning the variance in the perspective of the aerial pho#ographs and the
comparisan between�he different years depicted in the aerial images.
Minutes
City Council Meeting
10-24-1b -3-
Mark Minkes, �44 Chuckwagon Road addressed the City Council stating that views are as important in the
community as horses and horse trails.
Marge Schmit, �7 Buggy Whip Drive addressed the City Council stat�ng that there was a view from the
property at 18 Poriuguese Bend Road as evidenced during the 4th of Ju�y parties thrown by the Nuccions
where city lxghts and fireworks could be seen.
Mr. Weinberg further stated that the Nuccions are requesting that the view be restored to the eiew that
existed when the trees were at the top of the pole as depicted in the images provided. He stated that the
declaration should be given the appropriate weight and the City Council should determine based on the
evidence provided that the Nuccions have proved with reasonable certainty tha.t a view existed.
Mr. Light further stated that he does not belie�+e that the evidence submitted proves that a view existed in
2009 when the Nuccions purchased the property and further repeated his assertion that the view was
created by a tree trimming done prior to 2011.
Hearing no further pubtic comment. Mayor Dieringer closed the public hearing.
Mayor Dieringer stated that before the City Council is to determine what specific view existed as af the
date of acquisition. In response to Councilmember Pieper's inquiry regarding the maturity af the two olive
tress and Mayor Dieringer with regard to what the City Council is considering, City Attorney Jenkins
stated that the matter before the City Cauncil is to determine if a view existed at the time of acquisition;
unless, a Councilmerriber makes a motion to broaden the disczxssian to reconsider the maturity issue.
Discussion ensued concerning what view existed when the property was acquired and the photographic
evidence that was submitted#o support the Nuccions claim that there was a view when they acquired the
properry in 2009.
Mayor Pro Tem Black commented that he fmds the declarations submitted by the neighbors aff'lrming that
that there was a view along with the photographic evid�nce submitted form 2010 as persuasive, clear and
canvincing evidence that a view existed when the property was acquired by the Nuccions. He stated that
he wauld rnove that the City Council reaffirm the previous direction and direct staff to prepare a resolution
upholding the decision of the Committee on Trees and Views.
Mayor Dieringer commented that she does not find the photographic evidence persuasive because there is
no:reference point as to where the photograph was taken form and there has been no testimony to confitm
where the photograph was taken frorn. She further stated tha� she does nat believe the e�idence submitted
proves that the view existed.
City Attorney Jenkins commented that it would be appropriate before a motion is made and before the
matter is debated to take coxnments fram the other mernbers of the City Council.
Cvuncilmember Wilson co�nmentec� that he agrees with Mayor Pro Tern Black and he a�so finds the
declarations compelling, especially the one froFn Mr. Roberts. He also commented that he finds the
photographs submitted persuasive and the aerial images in his opinion do not outweigh the photographic
images.
Recagnizing that a member of the public wanted to addre�s the City Council, Councilmember Mirsch
maved that the City Council reopen th� public hearing with a limit of three minutes per speaker. Mayor
Pro Tem Black seconded the motion which carried without objectian.
�udith Hassoldt, 15 Portuguese Bend Road addressed the City Council regarding the declaration from N1r.
Roberts to question the validity of the declarat�on based on the £act that Cathy Roberts handled the escrow
and the matters related to the property not Mr. Roberts.
Diana Nuccion addressed the City Council stating that Mr. Roberts lived at the property with Dr. Roberts
for the last few years prior to his death and Cathy Roberts lived in Utah.
Howard W�inberg commented that all of the declara�ions stated that the view that existed in 2009 was
better than the view depicted in the photographs submitted as evidence from 2011.
William Hassoldt, 15 Portuguese Bend Road addressed the City Cauncil to paint out a discrepancy in the
declaration submitted by Mr. Cardenas as compared to the other declarations.
Minutes
City Council Meering
10-24-16 -4-
� _
_ ,_��
Hal Light commented that the City Council should ca�sider Exhibit C to Mr. Green's report because it
shows that it is not possible to far the view to have been bet�er in 2009. He further questioned the date
that Mr. Roberts declaration was submitted, asserting that it was submitted before the parties were
infarmed that additional evidence wauld be allowed; and stated that he attempted to communicate with
Mr. Roberts but he would not respond.
In response to Mr. Light's assertion, City Attomey Jenkins stated that his office prepared the June staff
report and the first time either of the attorney's saw the staff report was when he sent the st.aff report to
both attarneys concurrently. He further noted that NIr. Weinberg attempted to submit additional evidence
at the June meeting, but that evidence was not accepted because the public hearing was closed; and it was
at that meeting that the City Council decided to reopen the public hearing which is where we are tor�ight.
Hearing no further public comment. Mayor Dieringer closed the pubiic hearing.
Councilmember Mirsch commented that she does not find the photographs ta be c�ear and convinci�ng
evidence that the view existed when the Nuccions acquired the praperiy, but she doe� fmd the other
testimony and the declaranons persuasive. She stated that she personally knows two of the indi�id;aals that
submitted declarations and has respect for their integrity. She further commented that she finds Mr.
Roberts declaration compelling as well. She stated that she believes, based on the declarations, that the
Nuccions have submitted clear and convincing evidence that a view existed when the property was
acquired.
Cauncilmember Pieper commented that he agrees with Councilmember Mirsch and he too gives great
weight to the declarations as e�idence that the view existed when the Nuccions acquired the property.
Mayor Dieringer commented that the statute requires �hat the City CounciI determine what specific view
the Nuccions ha.d when they acquired the praperty and she does nat beiieve that clear and convincing
evidence has been submitted to make that determination.
Mayor Pro Tem Black moved that the City Council find that there has been clear and convincing evidence
� submitted that a view existed at the time the current property owner at 18 Portuguese Bend Road acquired
the property and direct stafFta prepare a resolution upholding the Committee on Trees and Views decision
relating to the view impanment complaint filed by the pmperty owners of 18 Portuguese Bend Raad
regarding trees located at 15 Porttxguese Bend Road. Co�ancilmexr�ber Wiison seconded the motion, which
carried with Mayor Dieringer opposed.
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 REPOR'1�
^ Councilmember Pieper reported that the ad hoc committee is still warking diligently to come up with a
compromise to amend the Vi�w Preservation Ordinance. He reviewed the timetable that the committee
has es#ablished stating that the committee plans to meet two more tim�s to discuss amendments to the
view preservation ordinance. Discussion ensued concerning placing a moratarium on filing applications
�xnder the City's view preservation ardinance while the City is considering options to amend the view
preservation ordinance or if Measure B is repealed.
Following discussion, Councilmember Pieper maved that the City Council direct the City Attorney to
prepare a ballot measure to repeal Measure B to be placed on the March 7, 2017 ballot if the election is
not cancelled. CounciImember Mirsch seconded the motion, which carried without objection.
Minutes
City CounciI Meeting
10-24-16 -5-
Foilowing discussion conceming the options for removing the ballot measure farFn the ballot if it is placed
on the ballot, the City Council scheduled an adjourned regular meeting of the City Council to be held on
Wednesday,December 14, 2Q16 for the purpose of remo�ing the potential ballot measure should there not
be sufficient candidates to necessitate holding an election on March 7, 2017.
The Committee was asked to report again at the November 14, 20�6 City Council meeting.
DISCUSSION AND POSSIBLE DIRECTION CONCERNING THE CITY OF ROLLING
HILLS' COYOTE CONTROL PROGRAM. (�RAL REPORI�
Recognizing that number of coyote sightings and incidents in the City appears to be increasing,
Councilmember Pieper suggested that the City Council consider other options beside the County to
supplement the City's coyote control program. City Manager Cruz presented three options that he is
aware of for addressing the coyote issue: contracting with a private firm for coyote control; coordinating
with the Mayor of the City of Torrance to pursue a regiona�approach; and working with other cities on the
Peninsula in their educa�ional campaign. Following brief discussion, the City Council directed the City
Manager to pursue those options.
MATTERS FR�M STAFF
Taken out of arder—see above after Consent Calendar.
PUBLIC COA�IlViENT ON CLOSED SES5ION ITEMS
None.
CLOSED SESSION
None.
RETi7RN TO �PEN SESSION
None.
ADJOURNMENT
Hearing no further business before the City Cauncil, Mayor Dieringer adjoumed the meeting at 9:58 p.m.
to a joint meeting between the City Council and Planning Commission scheduled to be held on Tuesday,
November 1, 2016 beginning at G:30 p.m. in the City Councif Chamber, Rolling Hills City Hall, 2
Portuguese Bend Road, Rolling Hills, California. The next regular meeting of the City Council is
scheduled to be held on Monday,November 14, 2016 beginning at 7:00 p.m. in the City Coi.�ncil Chamber
at Ciry Hall, 2 Portuguese Bend Road,Rolling Hills, California.
Respectfully subrnitted,
��,����#
Heidi Luce
City Clerk
� App ved,
.
�
Bea Dieringer
Mayor
Mint�tes
City Council Meeting
10-24-1G -6-