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11-14-16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF TFIE CTTY OF ROLLING HILLS,CALIFQRNIA MONDAY,NOVEMBER 14,2a16 CALL TO ORDER A regi.alar 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 Ha11, 2 Port�uguese Bend Road, Rolling Hi11s, California. ROLL CALL Councilmembers Present: Black, Mirsch,Pieper, Wilson and Mayor Dieringer. Councilmembers Absent: None. Others Present: Raymond R. �n�z, City Manager. Yo�anta Schwartz,Planning Director. Mike Jenkins, City Attorney. Heidi Luce, City C1erk. Mike and Marcia Schoettle, 24 Eastfield Drive. David McKinnie, 3 Ei Concho Lane. Jeffrey Ostriker, 27 Caballeros Road. Geraldean Belleville, 12 Crest Road East. Matthew Chaisson, 8 Crest Road East. Norm and Caro1 LaCaze, 24 Portuguese Bend Road. Cathleen Cunningham, Licensed Psychotherapist, MPA,LMFT. Melvyn Honig,Attomey. Sue Doyle,Bark Buster of South Ba�. Dianne Wyatt, Grooming Wonders. --� James Aichele, 14 Crest Road West. OPEN AGENDA-PUBLIC COMIVVII�NT WELCOME None. CON5ENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Counci�member may request removal af any item from the Consent Calendar causing it to be considered under Council Ac�ions. A. Payment of Bills. RECOMMENDAT�ON: Approve as presented. Councilmember Piepex maved that the City Cauncil approve the item on the consent calendar as presented. CounciImember Wilson seconded the motion,which carried without objection. City Manager Cruz asked the City Council to take Items 7A & 7B Under Old Business out af order. Hearing no objection, Mayor Dieringer so ordered. OLD BUSINESS _ _ CONSIDERATION Ok' A RESOLUTION OF THE CITY COUNCIL OF TI� CITY OF ROLLING HILLS DENYIlVG THE APPEALS OF DR. AND MRS. STEPHEN NUCCION AND MR. AND MRS. WILLIAM HASSOLDT AND UPHOLDING THE DECTSION OF THE COMMITTEE ON TREES AND VIEWS BY DECLARING THAT SPECIFIC TREES LOCATED ON THE PROPERTY AT 15 PORTUGUE5E BEND ROAD HAVE CAUSED SIGNg'ICANT IlVIPAIRMENT TQ THE VIEW FROM THE PROPERTY LOCATED AT 18 PORTUGUE5E BEND ROAD AND SETTING FORTH RESTORATIVE ACTION TQ ABATE TI�IlVIPATRMENT. Planning Direcfor Schwartz stated that staff recommends tabling this item to the next meeting of the City Council to allow staff to provide clat�fication regarding the to the utility pole that is referenced in the resolutions and make some minor corrections to the resalution. -1- Councilmember Mirsch moved that consideration of this resoiution be tabled undl the November 28, 2016 meeting of the City Council. Councilmember Pieper seconded the motion, which carried without obj ection. CONSIDERATION OF A REQUEST FOR A CONTRIBUTION �F CITY UTII,ITY FUNDS TOWARD THE COSTS ASSOCITED WITH TWELVE HOMES �N EASTFIELD DRIVE TO COMPLETE A PRELIMINARY ENGINEERTNG DESIGN AND A�SESSMENT ENGINEERING STUDY CONCERNING A PROPOSED UNDERGROUNDING ASSESSMENT DISTRICT. Mayor Dieringer introduced the item and asked for staf�s comments. City Manager Cruz stated that in June 20I5, the City Council allocated$77,000 from the Utility Fund to be use toward the engineering and design study for a proposed undergrounding project involving 33 homes along Eastfield Drive. He stated that since that time, the project has been reduced in scope to include 12 homes and the utilities have provided updated engineering and design studies. He stated that the proponents of the district have come back to the City Council to request an adjustment in the funding based on the �ower number of homes and to include the benefit study which would total $75,200 for both studies. Michael Schoettle, 24 Eastfield Drive addressed the City Council to pro�ide further explanation regarding their funding request. He requested that the City Council consider funding the half of the amount since the Rolling Hills Community Association may not have the funds to contribute on third of the funds to that the City would pay 50%,the RHCA would pay 25%and the property owners would pay 25%. David McKinnie, 3 El Concho Lane, RHCA Board Member addressed the City Council stating that the RHCA Board of Directors will be discussing fitnding these types of project in the future but there has been no decision made as of now with regard to the proper percer�ta.ge of funding that should be contributed. He stated that tl�e Homeowners Associat�on is witling �o wark with the City and residents to move #he project forward. Marcia Schoettle, 24 Eastfield D�ive addressed the City Cottncil stating that Eastfield is major roadway and this project would be visible to the commuriity. She stated that if tl�e project could get additional funding from the City, it would make it easier and faster for her to get �he reaming fund form #he residents. Councilinember Pieper commented that he believes that any fundtng provided by the City should be repeatable and the amount of$2,500 per property seems reasonable to hirn. He suggested using the 1/3 funding allocation formula as was done before where the City, the Assaciation and the residents each contribute one third toward the project. In response ta Mayor Dieringer, Councilmernber Pieper stated that if the Association doesn't contribute 113, then the request could be brought back to the City for further consideration. Mayor Pro Tem Black commented that he agrees with Councilmembex Pieper that the funding should be consistent so that is it fair to all residents. Discussion ensued cancerning the fitnding options. Councilmember Pieper maved that the City Council allocate an amount up to $3Q,000 from the Utility Fund for 113 of the costs associated with the preliminary design and engineering study and benefit study for the proposed undergrounding assessment district consisting of 12 hornes along Eastf eid Drive. Councilme�nber Wilson seconded the motion. Follawing brief discussian, the motion carried without objectian. C�NIII�IISSI4N ITEMS RESOLLTTION N�. 2016-22. A RES�LUTI�N OF T'HE PLANNING COMMISSION OF 'THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REV�W FOR IMPROVEMENTS TO A RESIDENCE WITH RESTRICTED DEVELOPMENT CONDITION, INCLUDING AN AS-BUILT ADDITION AND CONSTRUCTION OF ATTACHED COVERED PQRCHES AND A 5-FOOT MAXIMUM HEIGHT WALL TO ACCONIMODATE 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. 91 t AT 3 POPPY TRAIL, {LOT 8-PT), ROLLING HII.LS, CA (JONAS}. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15303. Minutes City Council Meeting 11-14-16 -2- � .::.... :..4..,..,_ Mayor Dieringer introduced the item and asked for staffls cornrnents. Planning Director Schwartz reviewed the applicant's request for a Vaniance to construct porches in the front yard setback at 3 Pappy Trail and to legalize an addition that was constructed without permits in Zoning Case No. 911 at 3 Poppy Trail. She stated that the Planning Commission approved the proJect unanimously finding that the proj�ct is not obtnzsive and provides benefit and character to the property. Mayor Dieringer noted that there is a standard condition that was not included in this resalution, "that before final submittal of working drawings to Building and Safety for issuance of building permits that the' plan shall be submitted to City sta#�far verification...", and suggested that staff be directed to include the condition. Anthony Inferrera, Architect addressed the City Council on behalf of the applicant stating that the applicant would not be opposed to the addition of that condition. Following brief discussion Mayor Pro Tem Black moved that the City Cauncil receive and fi1e Planning Commission Resolution No. 201b-22 appmving the applicant's request in Zoning Case No. 91� at 3 Poppy Trail as amended to correct an administrative error whereby a standard condition was inadvex�ently omitted. Councilmember Mirsch seconded the mation,which carried without objection. RESOLUTION NO. 2016�23. A RESOLUTION OF TI�PLANNING COMMISSION OF THE CITY OF ROLLING HII.LS GRANTING APPR�VAL OF A S�TE PLAN REViEW FOR GRADING, HOUSE AND GARAGE ENLAGEMENT, A SWIMMING POOL AND NEW DRNEWAY AND REQUEST FOR A VARIANCE TQ EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT IN ZONING CASE NO. 910, AT 85 CREST RUAD EAST, (LOT b9 C-1-MS), ROLLING HILLS, CA {ZEE). THE PRO�ECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO TI� CALIFO1tNIA ENVIRONMENTAL QUAL�TY 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. Mayar Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz -- revi�wed the applicant's request �izi Zoning Case No. 910 at 85 Crest Road East. She stated that the applicant proposes to demalish the existing house and breezeway to construct a new garage and 395 sq. ft. addition to the residence. She stated that also proposed is new swimming pool in the rear of the residence to replace the current pool that is in the front of the properry and will be removed. She reviewed the grading and stated hat the applicant also proposed to construct a new driveway and to abandon the current shazed driveway that current�y serves seven properties below. She rev�iewed the concerns raised by the neighboring properties and stated that the Planning Comrnission considered the concerns, visited the neighboring properties and included a condition that the areas be landscaped to address the concems raised and the City has not received any fizrther comments. She stated that the Planning Commission appraved the project unanimously and the Traffic Commission recommend approval of the new driveway. Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No. 2016-23 approving the applicant's request in Zoning Case No. 91 d at 85 Crest R.oad East including appraval of the new driveway apron. Councilmember Mirsch seconded the mation. Fotlowing discussion concerning the driveway, the motion ta receive and file carried without objection. PUBLIC HEARINGS ZOI�TING CASE NO. 902. REQUEST FOR A SITE PLAN REV�W FOR TI� CONSTRUCTION OF A NEW 11,100 SQUARE FOOT RESIDENCE, WITH 11,1U0 SQUARR 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, WH�CH INCLUDES OVER-EXCAVATION AND RE- COMPACT'ION; CONDITIONAL USE PERNIITS TO C�NSTRUCT AN 800 SQUARE FOOT GUEST HOi1SE, AND A 1,300 SQUARE FOOT STABLE; IN ZONING CASE NO. 902, AT 23 CREST ROAD EAST, (L4T 132A-MS), ROLLIlVG HILLS, CA (HYNES). THE PROJECT IS EXEMPT FROM THE �CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA} PURSUANT TO SECTiON 15303, CLASS 3 EXEMPTION GUIDELINES. Consideration of this rnatter was cantinued to the Novernber 28, 2Q16 meeting of the City Counci�. No action was taken. Min�tes City Council Meeting I1-14-16 -3.. _ _ �....._ _ _ _ __ __ W�.. .....�, R oLn BusnvEss Taken out of arder—see above after consent calendar. NEW BUSINESS CONSIDERATION OF AN APPEAL FII,ED BY DR. JEFFREY OSTRIKER PURSUANT TO MLTNICIPAL CODE SECTION b.24.070 REGARDING A DETERMINATFON MADE BY TI� CFTY MANAGER SUBSEQUENT TQ 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 IVO. 1 I83. Mayor Dieringer intro�uced the item and asked for s#afPs commen#s. City Manager Cruz reviewed the history on this issues stating that on December 18, 2a15,the City received a formal complaint filed by Mr. Matthew Chaisson(8 Crest Raad East)regarding Azul, owned by Dr. 3effrey Ostriker(27 Caballeros Rd.). The complaint alleged that Azul has entered Mr. Chaisson's property on three occasions (the last being on December 11, 2015) and killed one of his chickens during each incident. On January 28, 2016, the City received a report inclusive of findings and recommendations from Animal Care and Control Officer. The investigative report cancluded that the incident in�olving Azul occurred and thus, it was determined that the co�nplaint received by the City was meritorious. Thereafter, on February 3, 2016, a letter was sent by the City Manager to the parties transmitting O�cer report and, along with City Manager's determination and order that Azul be confined to Dr. Ostriker's property and under restraint of a leash by a person capable of controlling Azul when off his property. As a resu�t of City Manager's decision, Dr. Ostriker filed an appeal with the City Council. At its meeting on Monday, March l4, 2U 16. the City Council heard the appeal and after reviewing the evidence submitted and taking public testimony, the City Counci� affirmed the City Manager's decision that Azul be confned to Dr. Ostriker's property; but modified the decisian to allow Azul to be walkec� without a leash under specified circumstances due to the medical condition that Dr. Ostriker indicated which would not allaw him to walk the dog on a leash and required that he remain at �east 300 ft. away from any praperty that had chickens. He stated that at its meeting of Monday, April 11, 2016, the City Cauncil adopted a resolution mernorializirig that action. Mr. Cruz stated that since that City Councii action, there recently have been two subsequent Animal Comp�aint Reports filed with the City regarding dogs owned by Dr. Ostrfke�—including A.zul. The first complair�t report was fled on August 4, 2Q16 by Mr. Narm LaCaze {24 Portuguese Bend Road) alleging that Dr. Osiriker's dog Azu1, entered his properry on two differer�t occasions and attacked his chickens, each incident resulted in the death of numerous chickens, wi�h the most recent incident on August 3, 2016 where 40 juvenile chickens were killed. The second report was filed on August 19, 2016 by Mrs. Geraldean Belle�ille (12 Cres# Road East) alleging that Azul entered her properiy on August 5, 2016 where the dog broke down the chicken caop and killed all the chickens within it. He further stated that the incident reports were forwarded to the LA County Department of Arumal Care and Control for investigation and after reviewing the incident in�estigation reports, written documents p�rovided by the parties invoived, and the oraI testimony provided at an administrative hearing, it was determined that the complaints receivec� by the City about Az�l are meritorious and violate the conditions of�he resaluhon enacted by the City Council on April 11, 2016. Specifically the requirement that when being walked, Azul remain more than 300 feet from the property line of the Chaisson horne and any other residence that keeps chickens was violated. As such, the City Manager ordered that Azul be rexno�ed from the City immediately. Dr. Ostriker again appealed the City Manager's determination in accordance with RHMC Section 6.24.Q70. Tn hearing the appeal, the City Council is to determine if the determinatian and order of the City Manager, based on the findings from Animal Care & Control officers' reports and the administrative heraing, are justified. The City Council may uphold, reverse or modify the order. The decision of the City Council is final. He stated that subsequent to the hearing, Dr. Os#xiker has submitted additional information in support of his appeal axid that information has been included with the staff report. He further stated that all of the parties impacted by the attacks are present this evening. Mayor Dieringer called for public comments on this matter. Minu#es City Council Meeting 11-14-16 -4- r ,_....., .. .. r....,...-_-�...,,��.r._-.._.-...,.....�....�.,.,,- _... ._� Jeffrey Ostriker, 27 Caballeros Road addressed the City Council stating that he was not aware of a11 of the properties where chicken might be located. He stated that he purposely avoided the Chaisson property know�ing that he had chickens but he was not aware that the LaCaze property had chickens. He stated that sir�ce the LaCaze �incident, he has installed an ir�visible fence system; had the dogs trained not to leave property or even to challenge the fence; and hired a leash trainer to teach him how to walk the dogs on a leash. He f�xrther stated that since August, he has kept the dog on his property and has only waked them on a leash and there have been no further incidents. He requested that he be allawed to keep the dog and continue to walk them on a leash in the city. He sta.ted that the aag is not aggressive to other anima�s or people only cl�ickens and he has taken the steps necessary to prevent any further incidents. He stated that Azu1 is an emotional support animal and he needs him for his mental health. Geraldean Belleville, Y2 Crest Road East addressed the City Councii to further exp�ain the incident involving her chickens stating that her five-year old granddaugh�er was with her when she found the dog in her chicken caop along with the dead chickens. She stated that her cancern is for the safety of other people. Matthew Chaisson, 8 Crest Road East addressed the City Council stating that his objective is for animal owners to take control of theix animals and to take responsibility for their actions. Carol LaCaze, 24 Portuguese Bend Road addressed the City Counci� stating that she was a victim of this animal twice with each incident involving over 30 chickens. She sta�ed that her granddaughter raised th� chickens and was traumatized by the incidents. She further commented that her gardener feared for his safety when he found the dogs in the chicken coop. She stated that her concern is for the sa�ety of people and althaugh she quantified the cost of the 1oss, she does not want the money. She stated tl�at she wauld rather see it be used for beautification in the community. Cathleen Cunningham, Licensed Psychotherapist, MPA, LMFT addressed the City Council sta.ting that she prescribed the dog ta Dr. Ostriker as an emational support animal as a part of his treatment plan and she has never seen i�be aggressive. She stated that her worry is that Dr. Ostriker will regress if the dog is taken away from him. Melvyn Honig, Attorney addressed the City Council in support of Dr. Ostriker's appeal stating that he is a giving, caring man. He stated that Dr. Ostriker sufFered a bone disease which caused him to great suffering and it was the dog that turned things around for him. Sue Doyle, Bark Buster of South Bay stated that she was hired by Dr. Ostriker ta leash train Azul and she has never seen him be aggressive. She stated that the incidents involving the chickens were instinctual and she does not believe there is any danger to persons or child and she does not believe that Azul is an aggressive dog or has aggressive tendencies. James Aiche�e, 14 Crest Road West addressed the City Cauncil stating that the dog is an animal killer and shouid not be allowed to remain in the City. Dianne Wyatt, Grooming Wonders addressed the City Council stating that she owns the groaming shop where Azu1 has been going since he was five months old and she never seen him be aggressive toward any on the dogs. Dr. Ostriker s�ated that he is willing ta reimb�arse any of the pa.rties for their loss. He responded to Mr. Aichele and Mrs. LaCaze's comments and stated that Azul has never been aggressive to people. Norm LaCaze, 24 Portuguese Bend Road addressed the City Council to provide further details on the ,. attacks that occurred involving his chickens. He stated that in speaking with his wife and Mrs. Belleville and out of respect for Dr. Ostrikez�'s condition, he suggests giving the dog one more chance az�d suggested that requirzng th.at a muzzle be placed on the dag in case it gets off the Ostriker property may be another option in addition to ardering the dog confined to the Ostriker property and requiring that the dog be walked on a leash. Hearing no further public comments, Mayor Dieringer asked for comrnents from tl�e City Council. Discussion ensued concerning the incidents and the options befoxe the City Council. Mayor Pro Tem Black commented that he is not inclined to give the dog yet another chance. Minutes City Council Meeting 11-14-16 -5- Councilmember Wilson commented that his dog was in�olved in an incident where it attacked another dog and he toak the incident very seriously and took the steps necessary to prevent a fizture incident form occurring l�awing that if it did happen again,his dog would likely be orde�red removed from the City. Councilmember Pieper commented that his worry is that the dog might attack a child if an incident like the one described by the LaCaze's gardener occurred again. He further commented that when the City Councii made the ariginal order to amend the City Manager's decision, he did not envision that the dogs would be allowed ta roam the City freely; he assumed althaugh not on a leash, that they would be under control by the person walking them. He expressed concem regarding fhe lack of control of all a£ the Ostriker dogs. Councilmember Mirsch commented that her concern is that since the last time the Ciiy Council decided on this matter that the dogs were not kept under control and she believes that the actions that Dr. Ostriker took after the August incidents should have been taken initially given the severity of the si�uation and the consideration that was gi�en to Dr. Ostriker's situation. She suggested that an op�ion to ordering the dog removed may be requiring that it be muzzled at all�imes. Mayor Dieringer commented that she concurs with the comments made by the ather Councilmernbers. She stated that she tao is very concerned that the dags were allowed to roam free. She alsa stated that based on the Municipal Code defmition of aggressive behavior, Azul definitely showed the types of behavior described. Following further discussion including the aption of requiring that Azul be required #o wear a rnuzzle. Councilrr�ember Mirsch moved that�he dog be allowed to remain in the City bu� confined to the Ostriker property either in the house or when outside, confined to a fenced dog run; and allowed to be walked on a leash provided that the dog is wearing a muzzle. The rnotion died for lack of a second. Discussion ensued concerning optians for protecting ather animals and residents while still respecting Dr. Ostriker's emotional need to keep the dog. Mayor Pro Tem Black suggest�d that if the City Council were to allow the dog to rernain in the City, doing so should be done in a way so that there is a mechanism to foilow up to ensure compliance and to allow Dr. Ostriker a transitian period to either get another emotional support dog or adjust to not having Azul. Mayor Dieringer suggested that the order be crafted in such a way to allow the City Council to retain jurisdiction over the matter. Following further discussian, Councilmember Pieper moved#hat the City Council direct staff to prepare a resolution modifying the City Manager's determination that Azul be remaved from the City as follows: Azu1 is ordered confined to the Ostriker property and shall be kept indoors; Azu1 shall be allowed outdoors only on the �striker property, provided that he is confined to a fully enclosed, secure dog run with a concrete pad; and Azul shall not be walked outdoors off the Ostriker property anywhere within the territorial boundaries of the City of Rolling Hills; and stating that�he arder shall rernain in effect for three rrionths after which time the matter wiil be reviewed for compliance to determine if any adjustments should be made. Mayor Pro Tem Black seconded the motion, which carried with Councilrnernber Wilson apposed. CONSIDERA.TIQN 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. Mayor Dieringer introduced the item and asked for staff's commen�s. City Manager Cruz stated that staff along wi�th the Traffic Engineer performed an assessment of the roadways to determine which need striping in FY 16-17 and solicited bids for striping those streets along with the stree#s that were recently re-paved by flie Rolling Hills Community Association and received four responsible bids far the project. He stated that staff recommends awarding the bid in the amount of $33,718.30 inciuding a 10% contingency to the lowest bidder, Chrisp Company. Councilmember Wiison inquired as to the number of blue reflective pavernent markers included in the bid suggesting that the number didn'� seem correct. Fallowing brief discussion consideration of this itern was tabled undl the November 28, 201b meeting of the City Council and s#aff was directed to review the number of reflec#ive pavement markers to ensure the amaunt bid is correct verify that Chrisp Company is sti�l the lowest bidder. CONSIDERATION OF AN AGREEMENT WITH ANIMAL PEST MANAGEMENT SERVICES, INC. FOR SUPPLEMENTAL COYOTE CONTROL SERVICES. Minutes City Council Meeting � 1-14-16 -�- � �Y..�_....�..."�..� ..,,.,� Mayar Dieringer introduced the item and asked for staff's comznents. City Manager Cxvz stated that based on the City Cauncil's direction at its last meeting to consider other options to address the coyote issues in the City, staff recommends approval of an agreement with a private firm for coyote control services to supplement those services provided by the County. Following brief discussion, Mayor Pro Tem BIack moved that the City Council approve an agreement with Animal Pest Management for supplementa.� coyote control services and direct #he City Manag�r ta execute the agreement. Coi.Fncilmember Mirsch seconded the motian, which carried without objection. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS CONSIDERATION OF A RECONIlVIENDATZ�N FROM THE PERSONNEL COMMITTEE FOR APPOINTMENTS TO THE PLANNING C�MMISSION AND TRAFFIC COMMISSION. Councilmember Pieper stated that the Pearsonnel Committee recommends th� re-appaintrnent of Charlie Raine to the Tra�Fic Commission recognizing that he was the only applicant. Following brief discussion, Councilmember Pieper moved that the City Councii reappoint Charlie Raine to serve a four-year term an the Tra.ffic Commission. Councilmember Mirsch seconded the motion, which carried without objection. With regard �o the Pianning Commission, Councilmember Pieper stated that the Committee interviewed two well-qualif ed candidates, Stephanie Goodman and Jana Caoiey and recommends the appointment of Jana Cooley. Following brief discussion, Councilmember Pieper moved that the City Councii appoint �ana Cooley to serve a four-year term on the Planning Commission. Cour�cilrnember Mirsch seconded the mo�ion, which carried without objection. 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) CotznciImember Mirsch reported that the ad hoc committee cantinues to work ta come up with a compromise to amend the View Preservatior� Ordinance. She fiukher reviewed in detail the concepts and overarching principles that aze being discussed and have been agreed on thus far. She stated that the ultimate goa� is to develop balanced, fair policies that represent both the view se�kers and vegetation owners in an effort to avoid having canflicting measures on the ballot. Councilmember Pieper stated that these ideas and concep�s will be pravided to the City Council far review and if there is consensus amongst the City Council, the matter wili be forwarded to the Planning Commissian for discussion and public hearing at a subsequent meeting. Councilmember Pieper stated that the Commit�ee recommends placing moratorium on view cases while the Planning Comrnission and City Council are considering changes to the view ordinance. He further stated that he would like to place a measure on the ballot to repeal measure B so the proposed changes can be adopted without any conflict with the provision of Measure B but only if there is an election that inciude candida.tes. He stated tha# the members af the ad hoc committee are in agreement with this recornmendation. Councilinember Pieper maved that the City Council direct the City Attorney to prepare an ordinance , temporarily putting in place a moratorium on the acceptance of applications sought under the provisions of the View Preservataan Ordinance for the City Council's consideration at its November 28, 2016 meeting. Councilrnember Mirsch seconded the motion, which carried without objection. Councilmember Pieper moved that the City Council direct staff to bring forward a resolution adding a measure repeal�ing Measure B to the ballot for the vater's consideration at the City's next General Municipal Election scheduled for March 7, 2017. Councilmember Mirsch seconded the motion. Mayor Dieringer suggested that it might be better to wait to put a measure on the ballot until discussions about amending the ordir�ance are well underway and a new ordinance is in place. Following bxief discussion, the mation carr.ied with Mayor Dieringer opposed. MinUtes City Council Meeting 11-14-16 -7- _ —,, MATTERS FROM STAFF DISCUSSION AND POSSIBLE DIRECTI�N IN PROVIDING CO�iIlVIENTS CONCEIZNING THE NEW PROPOSED STATE OF CALIFORNIA WATER CONSERVATION MEASURES THAT WII.,L BE IlVIPLEMENTED IN 2017. City Manager Cruz reported that the State is scheduled to release the proposed regulatory framework for implementation of 2017 water conservation measures and Cal Water is holding a meeting to review the proposed regulatory framework to gain input from its munici�al customers. He stated that staff will be meeting the Cai Water to discuss the framework and provide input on behalf af the City. No action was taken. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL—INTTIATION OF LITIGATION Go�ernment Code §54956.9{d)(4) Based an existing facts and circtzmstances,the City Council shall determine whether initiation of litigation is appropriate Number of potential cases: 1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code §54957 Title: City Manager The City Council recessed into closed session at 10:06 p.m. ta discuss the matters listed above on the closed session agenda. The meeting returned to open session at 10:27 p.m. RETURN TO OPEN SESSION ANNOUNCEMENT OF ACTIONS FROM CLOSED SESSION{ORAL REPORT). Mayor Dieringer called the meeting back to order in open session at 10:27 p.m. City Attorney Jenkins reported that the City Cauncil met in closed session and na reportable action was taken. ADJOURNMENT Hearing no further business before the City Council, Mayor Dieringer adjourned the rneeting at 10:28 p.m. in memory of long time RHCA emplayee Art Beckler. The next regular meeting of the City Council is scheduled to be held on Monday,Navember 2$, 2015 b�ginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, Califarnia. Respectfully s�bmitted, �� Heidi uce City C�erk Approved, i � ea Dieringer Mayor Minutes City Council Meeting 11-14-16 -S-