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11-28-16 f ::... . :_.. .:............�... .._...:.�...�....,....._ ... . . . . .... .. . NIINUTES OF A REGULAR MEETIl�iG OF THE CITY CDUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY,NOVEMBER 28, 2016 CALL TO ORDER A regular meeting of fhe City Council of the City of Rolling Hills was called to order by Mayor Dieringer � at 7:03 p.m. in the City Cauncil Chamber at City Hall, 2 Portuguese Bend Raad,Roiling Hills, California. ROLL CALL Councilmembers Present: Black,Mirsch, Pieper, Wi�son and Mayor Dieringer. Councilmembers Absent: Nane. O�hers Present: Raymond R. Cruz, City Ma.ziager. Yolanta Schwartz, Planning Director. Mike Jenkins, City Attorney. Heidi Luce, City C1erk. Howard Weinberg,Attarney(18 Portuguese Bend Road}. Hai Light,Attorney{15 Portugues�Bend Roa.d). William Hassoldt, IS Portuguese Bend Road. Lynn Gill, 31 Ch�xckwagon Road. CONSENT CALENDAR Matters which may be acted upon by the City Council iz� a single motion. Any Councilnnember may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. — A. Payment of Bills. RECONIlI�NDATION: Approve as presented. B. Financial Statement for the Month of October, 2016. REC011�V�ENDAT�UN: 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 Hoiidays. REC4MMENDATIDN: Receive and file. E. City Council Personnel Committee meeting notes ofNovember 9, 201b. RECONIlI+�NDATION: Receive and file. � F. CONSIDERATION OF RES�LUTI�N NO. 1195 – A RESOLUTIQN OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS MODIFYING TI� DECISION OF THE CITY MANAGER IN THE APPEAL FILED BY DR. JEFFREY QSTRIKER AND ORDERING THE CONFIlVEMENT QF AZUL TO THE OSTRIKER PROPERTY. REC011��IlVIEENDATION: Adopt as presented. Mayor Dieringer asked that Item 4F be removed from the consent calendar for individual consideration. Hearing no abjection, she so ordered. Counciimember Pieper noted that on the payment o�bills, the check payable to the Sheriff's Dept. for $22,OU0 and listed as supplemental traffic enforcement was actually for regular monthly SherifPs Dept. comtract services and supplemental traffic enforcement. Councilmember Pieper moved that the City Council approve the remaining iteFns on the cansent calendar as presented. Councilmember Mirsch seconded the motion, which carried without objection. CONSIDERATION O�' RESOLUTION NO. 1195 –A RESOLUTION OF TI� CITY COUNCIIJ OF THE CITY �F ROLLING HILLS MODiFYING THE DECISION OF THE CITY MANAGER IN TI� APPEAL FILED BY DR. JEFFREY OSTRIKER AND ORDERING THE CONFINEMENT OF AZUL TO THE OSTRIKER PROPERTY. Mayor Dieringer asked for clarification with regard to the City Council retaining jurisdiction over this matter for 90 days and asked that the matter be brought back for a report to the City Council withi�zx the 90 days whether or not there has been a violation o£the order. Following brief discussion, the City Mar�ager was asked to report back to the City Council in 90 days. -1- , , , W .---_-, . � . _� � Councilmember Wilson commented that he is still not comfortable with modifying the City Managers arder given the circumstances of the e�ents and the previous disregard for the prior order; and beiieves that the dog should be removed frorn the City. Following brief discussion, Councilmember Wilson moved that the City Councii uphold rather than madify the City Manager's original determination that the dog be remaved fram the City. Couticilmembe;r Pieper secanded the motion which failed with Councilmembers Black, Mirsch and Mayor Dieringer opposed. Councilmember Pieper moved that the City Council adopt the resolution as presented. Mayor Pro Tem Black seconded the motion,which carried with Councilmernber Wilson opposed. OPEN AGENDA-PUBLIC COMMENT WELCOME None. CONIIVIISSION ITEMS None. PUBL�C HEARINGS CONSIDER.ATION OF AN INTERIM ORDINANCE OF THE CITY OF ROLLING HILLS, PURSUANT TO GOVERNMENT CODE SECTION 65858, TO TEMPORARILY PLACE A MORATQRIUM ON THE ACCEPTANCE AND/OR PROCESSING OF ANY APPLICATION SOUGHT UNDER THE PROVISIONS OF CHAPTER 17.25 (VIEW PRESERVATION} �F THE ROLLING HILLS iVIUNICIl'AL CODE AND DECLARING THE URGENCY THERE�F. Mayor Dieringer introduced the item and asked for staffls comments. Planning Director Schwartz stated that before the City Council for public hearing is an interim ordinance to place a moratorium on the acceptance and/ar processing of app�ications brought under the City's current view preserva#�on ordinance. She stated that the City Couricil directed staff to prepare the ordinance recognizing that the changes made when Measure B was adopted by the �oters in 2013 made the ordinance di�ficult to implement. She stated that th.e ad hoc committee created to discuss amending the view preservation ordinance and a possible ballot measure to repeal Measure B met severa� times with interested parties and with consensus amongst the group ultimately recammended that a moratorium be put in place while the Planning Commissian and City Council consider options for changes ta the City's �iew preservation ordinance. She stated that i�adopted tonight, the moratorium would be in place for 90 days after which per State law, the City Council would be required to hoId another public hearing to extend the ordinance for an additiona� 10 months and 15 days or 22 months and15 days depending on the City council's�reference. She sta#ed that adoption of the ordinance requires a 4/5 vote and nated that the moratorium could be repealed by the City Council at any time during the two-year period. Mayor Dieringer opened tlie pubiic hearing and called for public camment. Hearing none, she closed the public hearing. Councilmember Pieper mo�ed that the City Council adopt the interim ordinance temporarily placing a moratorium on the acceptance and/ar processing of any applications sought under the provisions of Chapter 17.26 af the Rolling Hills Municipa� Code. Councilmember Mirsch seconded the motion, which carried without objection. 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, 1,5�0 SQUARE FEET ATTACHED GARAGES, 2,654 SQUARE FEET COVERED PORCHES, 864 SQUARE FOOT SWIlVIlI�ING 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 ZQIVING CASE NO. 902, AT 23 CREST ROAD EAST, (LOT 132A-MS), ROLLING HILLS, CA {HYNES). THE PROJECT IS Minutes City Council Meeting 11-28-16 -2- EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT {CEQA) PURSUANT TO SECTION 15303, CLASS 3 EXEMPTION GUIDELINES. Consideration of this matter was continued to the January 9, 2017 meeting of the City Council. No action was taken. OLD BU5INESS CONSIDERATI�N OF A RESOLU'TION OF THE ROLLING HILLS CITY COUNCTL _ DENYING TI� APPEALS OF DR. AND MRS. STEPHEN NUCCION AND MR. AND MRS. WILLIAM HASSOLDT AND UPHOLDING THE DECISION OF THE COMMTTTEE ON TREES AND VIEWS BY DECLARING THAT SPECIFTC TREES LOCATED QN THE PROPERTY AT 15 PORTUGUESE BEND ROAD HAVE CAUSED SIGNIFICANT IlV�AIRMENT TO THE VIEW FROM TI� PROPERTY LOCATED AT 18 PORTUGUESE BEND ROAD AND SETTING FORTH RESTORA.TIVE ACTION TO ABATE THE IMPAYRMENT. Mayor Dieringer introduced the item and asked for staffls comments. Planning Director Schwartz stated tha#before the City Council for consideration is a resolution to uphold the Committee on Trees and Views decision in a view impairment case filed by the property owners at 18 Portug;uese Bend Road (Nuccion} regarding trees located at 15 Portuguese Bend Road (Hassoldt) that was appealed to the City Council by both parties. She stated that the City Council considered this case over se�eral months and at its October 24`� meeting directed staff to prepare the resolution which upholt�s the Committee's decision with regard to remediation and makes separate findings to support the action. Sne stated that one cha�ge was made to the remediation action du�to the fact that a pole used as reference point for the remediated tree height on one of the tre�s (Tree#5) has been cut shorter since the Committee considered this case as was brought to the City's attention by Hal Ligh#, the attorney for the Hassoldts. She stated that staff contacted Edison to determine the height of the original pole before it was cut shorter and it was determined that the original height was 43 ft. and staff recommends that action on Tree #5 be changed to "Reduce the crown to a height of 43 feet." She stated that also in response to the comments made by Mr. Light with regard to the resolution, reference has been made to Mr. Ruben Green's testimony; a provision has been added to allaw the Hassoldts to be present when staff takes pictures after the remediation action is complete; and aciaiowledgement has been made to the £act that the Hassoldts have t�immed same of the trees since the case was brought before the Committee on Trees and Views. Mayar Pro Tem Black moved that the City Council adopt Resolution No. 1196 as presented. Councilmember Pieper seconded the motion. Mayor Dieringer asked for public comment on the resolution. Hal Light, Attorney addressed the City Council to ask for clarification with regard to the Hassaldts being present when the photos are taken after the remediation action is complete, specifically asking if the provision allows the Hassoldts to also take photographs. City Attorney Jenkins responded that the provision allow the Hassoldts to observe the photos being �aken, but there would only be one set af photographs taken by staff to serve as the official photographs which could be viewed by the parties to confirm they at�accurate. Mr. Light further expressed concern regarding the height specified for Tree #5 stating that based on its curcent height, the tree would sufffer damage if it were to be trimmed to 43 ft. He further suggested that ISA standards and best practices be used when the tree is trimmed and suggested that the tri�ming height be increased to 55-b5 ft. He fixrther noted that the pole is also located at a slighxly higher elevation on the slope by 2-3 ft. Howard Weinberg, Attorney addressed the Ci�y Cauncil stating that naw is not the time to be questioning the r�mediation actions. He stated that he also spoke to Edison to confirm the height of the po�e. He further stated that they would be arnenable to modifying the resolution to take into account difference in elevatian between the locatian of the tree and the location af the pale. William Hassoldt, 10 Pine Tree Lane addressed the City Council to express concern for the health of the tree if it is trimmed to 43 ft. In response to Mayor Dieringer, City Attorney Jenkins stated that the prescribed reFnediation would control, but if in the course of performir�g the remediation the contractar were to alert the City that there is Minutes City Council Meeting 11-28-1G -3- �.—.. ..._..�.,�.�.,..�.., �� . .. ,�,�:. ..��� a vialation of standards or endangermen# to the life af the tree, the matter could be brought back to the City Cauncil for cansideration of modificatian to the resolution. Discussion ensued conceming the appropriate height for Tree #5 based on the fact that the utility pole has been reduced in height. Councilmember Pieper suggested modi£ying the resolution to specify that Tree#5 be cut to 46 ft. in height. Following fixrther discussion, Mayor Pro Tem Black amended his motion to adopt the Resalution as modified in Section SF to change the action on Tree#5 to "Reduce the crown to a height of 46 feet above ground." Councilrnember Pieper seconded the amended motion. Following further discussian, the motion carried with Mayar Dieringer opposed based on a lack of substantial evidence. CONSIDER.ATION OF A RECOMMENDATION FOR AWARD OF A BID TO CHRISP COMPANY FOR FY 2016-�7 REPLACEMENT OF TR.AFFIC STR�ING AND PAVEMENT MARKINGS ON CERTAIN STREETS PRQJECT. Mayor Dieringer introduced the i#em and asked for staf�s comments. City Manager Cruz stated that this matter was brought before the City Council at its last meeting but it was noted that the quantities for the reflec�ive pavement markers seemed incorrect so staff was directed to verify the information and report back to #he City Council He further stated that it was found that the numbers wexe inadvertently reversed; but in checking the bids,the outcorne remains the same and Chrisp Company is still the lowest bidder. Counciimember Pieper moved that the City Council award the bid for the FY 2016-17 replacement of traffic striping at3d pavement markings project to Chrisp Cornpany and direct the City Manager to execute the agreement. Councilmember Mirsch secanded the mohon,which carried without oblection. NEW SiT�INESS CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HTLLS, CALIFORNIA ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE RELAT�NG 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 HTLLS MUNICIPAL CODE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TLTESDAY, MA.RCH 7, 2417,AS CALLED BY RESOLUTION NO. �192. Mayor Dieringer introduced the item and asked far staffls comments. City Clerk Luce presented the staff report stating that the Measure B ad hoc committee has been having discussions regarding how ta move forward with making atnendments to the View Preservation Ordinance in light of Measure B; and at its last meeting, af�er hearing the ad hoc committee's report, the City Council asked staff to bring forwaxd a resolution piacing a measure on the ballot to repeal Measure B if tlie City has an election on March 7, 2017. She stated that the resolution is presented for consideration. Mayor Dieringer suggested that the City Council hear the staff report an the next item on the agenda before taking acnon on this item. Hearing no objection, she so ordered. CONSIDERATION OF RESOLUT�ONS SETTIl�TG PRIORITIES FOR THE FILING OF ARGUIV�NTS; AUTHORIZING THE CITY ATTORNEY TO PREPARE AN IMPART�AL ANALYSIS; AND ALLOWING FOR REBUTTAL ARGUMENTS FOR MEASURES ON THE BALLOT FOR THE CITY �F ROLLING HII..LS GENERAL MUNICIPAL ELECTION ON MARCH 7, 201'1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY QF ROLLING HILLS, CALIFORrTIA, SETTING PRIORITIES FOR FII,ING WRITTEN ARGiJMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. A RESOLUTION OF T'HE CITY COUNCIL �F THE CITY OF ROLLING HII,LS, CALIFORIVIA, PROVIDING FOR THE FII.ING OF REBUTTAL ARGUMENTS FOR MEASURES SUBMITTED FOR THE CITY OF ROLLING HiLLS GENERAL MUNICIPAL ELECTION QN MARCH 7, 2017. Minutes City Council Meeting i1-28-16 -4- City Clerk Luce sta.ted that in conj�nction with placing a measure on the ballot the City Council also has the authority, if adopted by resolution, to direct the City Attorney to prepare an impartial analysis of the measure,to set the priorities for filing direct arguments for and against the ballot measure and ta allow for rebuttal arguments to the direct a�rguments. Brief discussion ensued conceming the impartial analysis and the process for selecting arguments. Following brief discusszon,Mayor Pro Tern Black moved that the City Council adapt Resolution No. 1197 adding a �neasure to repeal Measure B to the ballat for the City's General Municipal Election scheduled for March 7, 2017. Councilmember Pieper seconded the mation. Mayor Dieringer expressed concern that directing the City Attomey to prepare an impartial analysis would create an unnecessary expense in light of the fact that the ballot measure may be rernoved from the ballot if the election is nitirnately canceIled for lack of candidates. Mayor Pro Tem Black moved to close the debate and proceed with the vate following public camment. Councilmember Pieper secvnded the motion. The mofion failed with Councilmember Mirsch and Mayar Dieringer opposed. Mayor Dieringer called for public comment. In response to an inquiry from Lynn Gill, 31 Chuckwagon Road, Councilrnember Pieper clarif ed that the resoiution being considered would place the measure on ballot for the March 7, 2017 election that has already been called and the measure would be removed if the election is cancelled for lack af candidates. He further noted that if the election is canceZled, the City would likely call a special �lectian in June to consider the;neasure. Mayor Dieringer cornmented that in order to maintain the trust of the community, she does not believe that the measure to repel Measure B should be placed on the ballat until there is samething in place to amend the view preservatian ordinance�that has cornmunity support. Mayor Pro Tem Black reiterated his motian that the City Council adopt Resolution Na, l 197 adding a measure to repeal Measure B to the ballot for the City's General Municipa� Electian. scheduled for March �- 7, 2017. Councilmember Mirsch secanded the reiterated motion which carried with Mayor Dieringer opposed. Mayor Dieringer stated tliat the City Couricil would next consider the resoltuions regarding an impartial anaiysys, arguments and rebuttals. She further expressed concern about expending funds to direct the City Attorney to prepare an impartial analysys when the measure may be ultimately removed from the bailot if the election is cancelled for lack o£ candidates. In response to fhe Mayor's conceren, City Attonreq Jenkins stated that he could de�ay preparation of the analysis until the Iast moment to wait and se� what happens with respect to the election. Mayor Pro Tem Black stated that he sees na downside to having the City Attorney prepare the impartial analysis. Discussion ensueed concerning the arguments and the City Council concurred that the City Council should be authorized to write the argument in favar of the measure. Furhter discussion ensued concerning rebuttal arguments. Howard Weinberg addressed the City Council to sugggest that the Ciry Cauncil allow rebuttal arugments and authorize the voting public to author the rebuttal arguments to create balance. Discussion ensued cancerning the timing for placing a competing rneasure on the ballot. Councilrnember Pieper moved that the Ci�ty Council adopt Resolution No. 119$ praviding priority for the fi�ing of an argurnent in favor of the argument to Councilmembers Black, Mirsch, Pieper and Wilson; and � autharizing the City Attorney to prepare an impartial analysis for the measure on the baZlot for the City's general municipal election scheduied for March 7, 2017. Mayor Pro Tem Black seconded the motion, which carried without objectian. Mayor Pro Tem Black and Councilmember Mirsch were appotnted to an ad hoc committee to write the argument. Mayor Pro Tem Black moved that the City Council adopt Resolution No. 1199 providing for the filing of rebuttal arguments for the measure on the ballot for the City's genera.l municipal e�ection scheduled for March 7, 2017. Councilmember Pieper seconded the motion,which carried without objec�ian. Minutes City Council Meeting I 1-28-16 -5- MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REP�RTS Mayor Pro Tem Black asked abo�xt the status of the installafion of the left t�rn signal at the intersection of Palos Verdes Drive North and Partuguese Bend Road. Staff stated that the praject is nearing completion and the signal shou�d be operational in early December. STATUS REPORT FROM THE CITY COUNCIL TREES AND VIEWS AD HOC C�MNIITTEE ON ITS EFFORTS TO AMEND TI�V�W PRESERVATION ORDIN.ANCE. Mayor Dieringer introduced the item and asked for a report from the Committee. Councilmember Mirsch provided an overview af the progress of the ad hoc cammittee stating that the ad hoc com�ittee has met several times to work towa�rd developing a balanced and equitable view resolution process that could be crafted into an ordinance acceptable to both the City Council and the authors of Measure B and Measure 2017. She sta�ed tl�at it was the ho�e of the Committee that a compramise could be reached to a1low�or an ianchallenged repeal of Measure B, remove the need to #ake Measure 2017 to the voters and avoid the divisi�eness associafed with those processes. She stated that with much compromise from both parties, agreement was reached on several majar issues and concepts; and the purpose of the document provided tanight was to provide an o�erview of those major areas of agreement and ascertain if the City Cauncil is willing to forward the Committee's work to the Pianning Commissio� for review and possible revisians to the City's View Preservation Ordinance. She stated that #he purpose of tonight's discussion is to determine if there is enough rnerit to the concepts preserned to forward the �natter to the Planning Commission for discussion. Discussion ensued concerning the concepts presented. 'Tk�e Committe� further explained some of the provisions cantained in the DRAFT ordinance and reiterated that the primary objecti�e of the changes is to pro�ide balance between trees and views recognizing tllat both trees and views have benefits and are valuable assets to the community. Councilmember Mirsch noted that the DRAFT ordinance establishes rights arid responsibilities for both the view seekers and vegetation ov�mers and further reviewed some af those rights and responsibilities as presented in the DRAFT ordinance. Cauncilmember Mirsch further reviewed the unresolved areas of the DR.AFT ordinance including that the City should only serve as an advisory body and its rulings should not be binding. She furtl�er explained that as a campromise, it was suggested that if the part�ies mutually agree to binding arbitration, the Ci�r would pay for a portion of those fees on a sliding scale depending on when in the process the arbitratian is agreed ta. She stated that when the Planning Commissian considers this matter, their task will be �o determine i�the revised ordinance serves the residents well; is the ordi�nance workable and able to be applied consistently; and are the procedures balanced and equitable. Councilmember Mirsch reiterated that it is important to remember the puzpose of the ad hoc committee and recognize that compromises and agreexnents were made—by both sides—to try to avoid 1) opposition to our Repeal Measure B effort, and 2) another ballot meast,ire. She commented that if a fmal product produced by the City daes not contain sufficient provisions to satisfy the authors of Measure 2017 (as agreed upon in the ad hac meeting discussions) or if there is not an agreed-upon ordinance ready to be placed on the books should Measure B be repealed, they will most likely go forward with their organized opposition to the City's measure to Repeal Measure B as we11 their petition to place "Measure 2017" on the ballot at the next possib�e election. In response to Mayor Dieringer, Cauncilmernber Mirsch stated that i�was the hope of the ad hoc committee that finding agreement to the major concepts described would aid the Planning Commission in its discussion but it would not preclude discussion on other matters it finds pertinent. Following further brief discussion, Councilmember Mirsch moved that the DRAFT ordinance prepared by the ad hoc committee to amend the City's View Preservation Ordinance be farwarded to the Planning Commission for discussion and public hearing. Councilmember Pieper secand�d the motian, which carried without objection. MATTERS FROM STAFF None. PUBLIC C�MMENT ON CLOSED SESSION ITEMS None. Minutes City Council Meeting 11-28-16 -6- . CLOSED SESSIQN None. RETURN TO �PEN SESSION None. ADJOURNMENT Hearing no further business before the City Council, Mayor Dieringer adjourned the meeting at 9:08 p.m. An adjourned reg�ar meeting of the City CounciI is scheduled to be held on Wednesday, December 14, 2016 beginning at 7:30 a.m. in #he City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, � .��� �� Hei Luce } City Clerk Appro�ed, r � Bea Dieringer � --- Mayor Minutes City Council Meeting �1-28-16 -7-