City Council Agenda 08-28-2017MINUTES OF
A REGULAR MEETING
OF THE.
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, AUGUST 14, 2017
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Black at
7:01 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
ROLL CALL
Councilmembers Present: Dieringer, Mirsch, Pieper, Wilson and Mayor Black.
Councilmembers Absent: None.
Others Present:
Raymond R. Cruz, City Manager.
Michael Jenkins, City Attorney.
Yolanta Schwartz, Planning Director.
Julia Stewart, Assistant Planner.
Yvette Hall, Interim City Clerk.
Kevin Johnson, LA County Fire Dept.
J. Lopez, LA County Fire Dept.
Sue Breiholz, 6 UpperBlackwater Canyon Road
Wayne Sharp, 74 Eastfield Drive
Judy Mishkin, 1 Flying Mane Road
Bob Gold, 9 Flying Mane Road
Kyle Clinton, 26 Eastfield Drive
OPEN AGENDA - PUBLIC COMMENT WELCOME
NONE.
CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any Councilmember may
request removal of any item from the Consent Calendar causing it to be considered under Council
Actions. -
A. Minutes - Regular Meeting of July 24, 2017.
RECOMMENDATION: Approve as presented.
B. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Consideration of a Professional Services Agreement with Bolton Engineering for the
preparation of grading, drainage and related plans for the proposed improvements at the
tennis courts complex.
RECOMMENDATION: Approve as presented.
D. Review and approval of the Commission Recruitment/Appointment Timeline for terms
expiring in January 2018.
RECOMMENDATION: Approve as presented.
E Consideration of a date of December 11, 2017, 4-7 pm for the 32"a Annual Holiday Open
House
RECOMMENDATION: Approve as presented.
F. County of Los Angeles Department of Animal Care and Control FY 2017-18 Service Level
Request.
RECOMMENDATION: Approve as presented.
Councilmember Mirsch requested that Item 4-F be removed from the consent calendar for individual
consideration. Hearing no objection, Mayor Black so ordered.
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•
Mayor Black requested that Item 4-C be removed from the consent calendar for individual consideration.
Hearing no objection, Mayor Black so ordered.
Councilmember Mirsch moved that the City Council approve the remaining items on the consent calendar
as presented. Councilmember Dieringer seconded the motion, which carried without objection.
4-F. County of Los Angeles Department of Animal Care and Control FY 2017-18 Service Level
Request.
In response to Councilmember Mirsch's questions, City Manager Cruz stated that the City does not
receive reimbursement from pet owners for sheltering services and pet owners pay for animals that are
impounded. He also indicated there is no additional cost for license clinics held in the City.
Councilmember Mirsch suggested that the City Council consider participating in the Spay/Neuter Trust
Fund Program that would allow the City to contribute $5 per dog license fee collected to the Spay/Neuter
Trust Fund.
Following brief discussion, City Manager Cruz indicated that additional information could be provided on
the cost, number of dog licenses issued, income requirements and financial impact to the City for
participating in the Spay/Neuter Trust Fund. He stated that an amendment to the agreement with the Los
Angeles County Animal Care and Control would be brought back to the next City Council Meeting for
City Council consideration.
Following further discussion, Councilmember Mirsch moved that the City Council approve Consent
Calendar Item No. 4-F as presented. Councilmember Pieper seconded the motion, which carried without
objection.
4-C. Consideration of a Professional Services Agreement with Bolton Engineering for the
preparation of grading, drainage and related plans for the proposed improvements at the
tennis courts complex.
In response to Mayor Black's questions, Planning Director Schwartz clarified that the agreement was to
prepare plans for the grading and drainage for ADA compliance and to perform pad work. She stated the
agreement was not for septic tank related work.
Following brief discussion, Mayor Black moved that the City Council approve Consent Calendar Item No.
4-C as presented. Councilmember Pieper seconded the motion, which carried without objection.
Mayor Black requested that Item 9-B be taken out of order and discussed at this juncture. Hearing no
objection, Mayor Black so ordered.
MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING THE PROACTIVE
ENFORCEMENT OF THE FIRE FUEL ABATEMENT ORDINANCE.
Mayor Black introduced the item and asked for staff's comments. City Manager Cruz presented the staff
report stating that in November 2015 the Fire Fuel Abatement Ordinance was adopted by the City
Council. He stated that the ordinance is only enforced by city staff when there is a complaint. City
Manager Cruz stated that in June 2017 representatives from the Caballeros Equestrian Club expressed
concern that fire fuels in the canyon and nearby trails posed a threat to public safety and if ignited could
start a wildfire. He indicated that after hearing this request, City Council asked staff to place an agenda
item on a future meeting to determine whether the City Council would like to maintain the status quo or
direct staff to bring back options to proactively enforce the Fire Fuel Abatement Ordinance. City
Manager Cruz indicated that LA County Fire Department officials were present to further discuss this
topic. He noted that correspondence was received from Sue Breiholz, resident, and that copies were
provided to the City Council and public.
Kevin Johnson, Assistant Fire Chief, Los Angeles County Fire Department Forestry Division, Brush
Clearance Section, discussed the issues with extending the Fire Department's enforcement beyond 200
feet. He explained the Fire Department's enforcement of the 200 feet defensible perimeter was based
upon the distance from the structure and that going beyond 200 feet is an issue. He stated the Fire
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City Council Meeting
08-14-17
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Department is only authLTized to go up to 200 feet. Assistant Fire Chief indicated that CEQA compliance
would be difficult to address if an increase of defensible space was implemented.
Discussion ensued among the City Council and LA County Fire Department officials on the County's
vegetation inspection program, timeline, enforcement and compliance, ingress and egress on City streets,
the County's roadside clearance requirement of 10 feet from the shoulder, CEQA compliance, damage to
the environment and habitat disturbance and the Community Wildfire Protection Plan (CWPP).
J. Lopez, Assistant Fire Chief, Los Angeles County Fire Department Forestry Division, explained the
components of the CWPP, which include collaboration efforts among agencies, reduction of fire ignition
and vegetation hazards. He discussed recent fire studies that have been completed on perimeters beyond
100 feet and that it is difficult to justify if brush clearance beyond 200 feet is sufficient to protect property.
He stated that going beyond 200 feet increases the area exponentially and that CEQA compliance is
justified only up to 200 feet.
Discussion followed among the City Council and LA County Fire Department officials regarding
strategies to minimize a wildfire when it occurs and the depth of chippings.
In response to Mayor Pro Tem Wilson's request for a copy of the fire studies that were completed by the
Riverside Fire Lab, Assistant Fire Chief Lopez stated he would provide further information on the topic.
Mayor Black called for public comment.
Sue Breiholz, 6 Upper Blackwater Canyon Road, expressed concern over the areas that are not overseen
by the County and the overall public safety of the City. She suggested that all dead vegetation be cleared
by June 15t of each year and that the perimeter should extend beyond 200 feet. She commented that it
should not be the responsibility of the residents to inspect properties.
Further discussion ensued on providing additional services outside of the County contract; extending the
roadside clearance beyond 10 feet and addressing issues and obstructions within the 10 foot roadway;
discing; compliance, inspections and enforcement as it relates to staffing levels; property maintenance;
CEQA factors; CWPP; and the creation of a subcommittee to review enforcement of the Fire Fuel
Abatement Ordinance.
Councilmember Pieper moved that the City Council establish a Dead Vegetation Enforcement
Subcommittee comprised of Councilmember Mirsch and Mayor Black. Mayor Pro Tem Wilson seconded
the motion, which carried without objection.
COMMISSION ITEMS
RESOLUTION NO. 2017-10 — A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO RETAIN A
CHICKEN COOP IN THE REAR YARD SETBACK, RETAIN A SHED IN THE SIDE
SETBACK, RETAIN AN AS -BUILT FIRE PIT, TO EXCEED THE PREVIOUSLY APPROVED
LOT DISTURBANCE, CONSTRUCT A NEW SWIMMING POOL AND SPA. AND TO
CONSTRUCT VARIOUS OUTDOOR AMENITIES, IN ZONING CASE NO. 921, AT 26
EASTFIELD DRIVE (LOT 86-A-EF) ROLLING HILLS, CA, (CLINTON).
Mayor Black introduced the item and asked for staff's comments. Assistant Planner Stewart presented the
staff report stating that before the City Council is a resolution approving the project in Zoning Case No.
921 at 26 Eastfield Drive. She provided a brief overview of the applicant's request for variances to retain
a chicken coop in the rear yard setback, a shed, an as -built fire pit, a new pool and spa and to construct
various outdoor amenities. She stated that the proposed chicken coop was an existing structure that has
never been legalized. Assistant Planner. Stewart indicated that a project history and summary sheet was
provided to the City Council and the public at the request of Councilmember Dieringer.
In response to Councilmember Dieringer's inquiry, Assistant Planner Stewart clarified the square footage
of the residential and garage additions and setback requirements for the project.
Discussion ensued concerning the chicken coop and required variance.
Mayor Black called for public comment.
Minutes
City Council Meeting
08-14-17
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• •
Kyle Clinton, 26 Eastfield Drive, stated that he spoke with his neighbors regarding the project. He
indicated his neighbors had no issues with the project except for a request to change his roof from a pitch
roof to a flat roof. Mr. Clinton requested that he be allowed to keep the chicken coop in its current
location as long as his neighbors approve it.
Councilmember Mirsch stated that she made a site visit and would not support taking the project under
jurisdiction.
Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No.
2017-10 granting approval of the applicant's request in Zoning Case No. 921 at 26 Eastfield Drive.
Councilmember Mirsch seconded the motion, which passed 3-2 with Councilmember Dieringer and
Mayor Black opposed.
City Manager Cruz requested that Item 7-A be taken out of order and discussed at this juncture. Hearing
no objection, Mayor Black so ordered.
OLD BUSINESS
DISCUSSION AND POSSIBLE DIRECTION TO REDUCE PEAFOWL POPULATION IN THE
CITY OF ROLLING HILLS.
Mayor Black introduced the item and asked for staff's comments. City Manager Cruz presented the staff
report stating that at the last City Council meeting of July 24, 2017 staff reviewed the three peafowl
management programs that were used by the three other peninsula cities. He stated that at this meeting
the City Council received public comments and considered options to address the peafowl population.
City Manager Cruz stated that the City Council gave staff direction on the following items: 1) Does the
city or state have a prohibition on feeding peafowl; 2) Investigate surrounding municipalities that may
have a peafowl feeding prohibition; 3) Follow up on the two programs that trap peafowl. City Manager
Cruz summarized that the City's municipal code currently does not prohibit the feeding of peafowl and
there is no state law that prohibits the feeding of peafowl. He indicated that both Cities of Rolling Hills
Estates and Rancho Palos Verdes have adopted Title 10 of the LA County Animal Code which does
prohibit feeding of animals. City Manager Cruz stated that the current program used by RHE would not
be practical as their city staff handles the complaints directly and RPV uses Wildlife Services, a private
vendor. He indicated that he also received a quote from Animal Pest Management Services, Inc. for
services.
In response to Mayor Black's inquiry, City Manager Cruz responded that a peafowl census is not
necessary.
Mayor Black called for public comment.
Wayne Sharp, 74 Eastfield Drive, inquired how many peafowl would be relocated.
In response to Ms. Sharp's comment, Mayor Black stated that City Council is considering relocating all of
the peafowl.
Judy Mishkin, 1 Flying Mane Road, commented that she has had numerous issues with the peafowl and
that they continue to be a nuisance.
Bob Gold, 9 Flying Mane Road, stated that the peafowl are an invasive species and a nuisance due to the
noise they make early in the morning.
Following public comment and discussion, Councilmember Dieringer moved that the City Council
approve an agreement with Wildlife Services for $200 per bird, up to 50 birds, with the option for an
addendum for additional birds; exclude a census; and direct staff to bring back a resolution to adopt Los
Angeles County Code Title 10.84.010 concerning prohibiting the feeding of peafowl and other birds and
animals. Councilmember Mirsch seconded the motion, which carried without objection.
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City Council Meeting
08-14-17
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COMMISSION ITE1Vt,
•
RESOLUTION NO. 2017-11 — A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR GRADING TO
REPAIR A FAILED SLOPE, A VARIANCE TO EXCEED THE MAXIMUM PERMITTED
DISTURBANCE OF THE LOT AND A STABLE USE PERMIT TO ALLOW RECREATION
USE IN A STRUCTURE CONSTRUCTED AS A STABLE IN ZONING CASE NO. 908, AT
2950 PALOS VERDES DRIVE NORTH, (LOT 1-D-1RH) (RO 1'1'ER).
Mayor Black introduced the item and asked for staff's comments. Planning Director Schwartz presented
the staff report stating that before the City Council is a resolution approving the project in Zoning Case
No. 908 at 2950 Palos Verdes Drive North. She provided a brief overview of the applicant's request for a
Site Plan Review, Variance, and Stable Use Permit to allow improvements to their property. Planning
Director Schwartz indicated that no comments were received from the surrounding neighbors.
Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No.
2017-11 granting approval of the applicant's request in Zoning Case No. 908 at 2950 Palos Verdes Drive
North. Mayor Pro Tem Wilson seconded the motion, which carried without objection.
PUBLIC HEARINGS
NONE.
OLD BUSINESS
DISCUSSION AND POSSIBLE DIRECTION TO REDUCE PEAFOWL POPULATION IN THE
CITY OF ROLLING HILLS.
Taken out of order — see above.
NEW BUSINESS
RESOLUTION NO. 1215 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS AMENDING RESOLUTION NO. 1205 REGARDING DECLARATION OF
A NUISANCE CONDITION AND ABATEMENT THEREOF AT 38 PORTUGUESE BEND
ROAD (LOT 118-RH) TO MODIFY THE TIMELINE FOR IMPLEMENTATION OF THE
ORDER. OWNERS: STEVE AND LORI WHEELER.
Mayor Black introduced the item and asked for staff's comments. Planning Director Schwartz presented
the staff report stating that before the City Council is a request to amend the resolution that the City
Council adopted declaring a nuisance at 38 Portuguese Bend Road. She explained that the applicant is
requesting an extension of time to implement the abatement order to either remove the dirt or request from
the Planning Commission a modification to the previously approved project.
Discussion ensued among the City Council concerning the applicant's compliance within the timeframe
approved by the resolution.
Councilmember Pieper moved that the City Council adopt Resolution No. 1215 as presented.
Councilmember Mirsch seconded the motion, which passed 3-2 with Councilmember Dieringer and
Mayor Black opposed.
MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
DISCUSSION AND POSSIBLE DIRECTION REGARDING EXTENDING THE
MORATORIUM ON THE PROCESSING AND CONSIDERATION OF APPLICATIONS
SOUGHT UNDER THE PROVISIONS OF CHAPTER 17.26 (VIEW PRESERVATION).
Mayor Black introduced the item and asked for staff's comments. Planning Director Schwartz presented a
summary of the staff report. She stated that adoption of Measure B in March 2013 has led to difficulties
in the application of the City's view preservation ordinance. She stated that in November 2016 the City
Council adopted an ordinance establishing a moratorium on acceptance and processing of view
applications. Planning Director Schwartz stated that the City Council requested this matter be agendized
Minutes
City Council Meeting
08-14-17
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• •
for consideration to extend the moratorium or allow it to expire on November 28, 2017.
Discussion ensued on Measure B and the amount of time to extend the moratorium.
Councilmember Pieper moved that the City Council direct staff to prepare an ordinance to extend the
moratorium and schedule a public hearing by October 31, 2017. Mayor Pro Tem Wilson seconded the
motion, which passed 4-1 with Mayor Black opposed.
DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING THE PROACTIVE
ENFORCEMENT OF THE FIRE FUEL ABATEMENT ORDINANCE.
Taken out of order — see above.
DISCUSSION AND POSSIBLE DIRECTION TO REPLACE WHITE THREE -RAIL FENCE IN
FRONT OF CITY HALL ALONG PORTUGUESE BEND ROAD. (ORAL)
Mayor Black introduced the item. Councilmember Pieper requested that staff obtain a quote on replacing
the whole fence the City is responsible for.
Mayor Black commented that he felt only a few boards needed replacement.
Following a brief discussion, the City Council, by consensus, directed staff to obtain a quote on the cost to
replace the white three -rail fence in front of City Hall.
UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT
COMMITTEE MEETING HELD ON AUGUST 10, 2017. (ORAL)
Councilmember Dieringer stated she attended the Regional Law Enforcement Meeting held on August 10,
2017 and provided an update on the following items: 1) Palos Verdes Estates has not installed their
automatic license plate readers yet; 2) The truck brake failure accident in Rolling Hills Estates was not
reported to the CHP due to no injuries. However, Captain Beringer stated he would forward a copy of the
report now. A presentation by the CHP will be made to the committee to explain the protocol for
investigating truck accidents; 3) Statistics will be provided on the Fire Department's response for medical
service; and 4) The committee is working on a report to coordinate a Peninsula -wide effort for emergency
operation services.
DISCUSSION AND POSSIBLE DIRECTION FOR THE CITY OF ROLLING HILLS TO
SUPPORT A MOTION TO HAVE THE LOS ANGELES COUNTY BOARD OF
SUPERVISORS ESTABLISH A BLUE RIBBON COMMISSION ON PUBLIC SAFETY TO
CONDUCT AN IN-DEPTH ANALYSIS OF SPECIFIC STRATEGIES, CHALLENGES AND
OPPORTUNITIES PRESENTED BY AB 109, PROP 47 AND PROP 57. (ORAL)
Mayor Black introduced the item. Councilmember Dieringer stated that she will be representing the
California League of Cities and, as an individual, to argue in favor of this motion to work on strategies to
provide greater public safety. She asked the City Council to formally support the Los Angeles County
Board of Supervisors' establishment of a Blue Ribbon Commission on Public Safety.
Mayor Black moved that the City Council support a motion to have the Los Angeles County Board of
Supervisors establish a Blue Ribbon Commission on Public Safety to Conduct an In -Depth Analysis of
Specific Strategies, Challenges and Opportunities presented by AB 109, Prop 47 and Prop 57.
Councilmember Mirsch seconded the motion, which passed 4-1 with Councilmember Pieper opposed.
Councilmember Pieper inquired about the date of the next greenwaste pickup that was announced in the
latest newsletter.
MATTERS FROM STAFF
DISCUSSION AND POSSIBLE DIRECTION CONCERNING THE CITY OF ROLLING HILLS
PARTICIPATING IN A COMMUNITY CHOICE AGGREGATION (CCA) PROGRAM TO
PROVIDE RESIDENTS FUTURE ENERGY OPTIONS.
Mayor Black introduced the item and asked for staff's comments. Assistant Planner Stewart presented a
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City Council Meeting
08-14-17
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1
summary of the staff report. She stated that in 2006 the California Legislature adopted AB 32 which
required cities to reduce greenhouse gas emissions to 1990 levels. She explained the three types of
Community Choice Aggregation (CCA) programs that allow municipalities to choose their power mix as
follows: 1) Individual City; 2) Regional Joint Powers Authority (JPA); and 3) County JPA (Los Angeles
County Community Choice Joint Power Authority). Assistant Planner Stewart highlighted the County
JPA as an option for City Council consideration because it has the ability to lower energy rates for
residents. She stated that a presentation to the City Council could be made by a member of the County
JPA at the next meeting.
Discussion ensued on the costs to join a CCA program, the number of representatives that each city is
allowed to appoint and how solar energy is billed.
By consensus, the City Council directed staff to request that the Los Angeles County Community Choice
Joint Power Authority make a presentation to the City Council on energy options.
CLOSED SESSION
NONE.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Black adjourned the meeting at 9:45 p.m.
The next regular meeting of the City Council is scheduled to be held on Monday, August 28, 2017
beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills,
California.
Respectfully submitted,
eee ,x -rile
Yves Hall
Interim City Clerk
lApprover,
James / lack, M.D.
Mayo
Minutes
City Council Meeting
08-14-17
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CITY OF ROLLING HILLS
PROOF OF SERVICE BY MAIL AND POSTING
STATE OF CALIFORNIA
ss
COUNTY OF LOS ANGELES
I am a citizen of the United States. I am over'the age of eighteen years and not a party to the
within proceeding; my business address is 2 Portuguese Bend Road, Rolling Hills, California.
On the 25th day of August, 2017, I serve the within
City Council Meeting 07/24/2017
Regular Meeting
a copy of which is annexed hereto and made a part hereof, and the person, or persons, named
below were emailed or mailed the agenda:
E -MAILED MAILED DropBox
Interested
RH Web site listSery Parties
Interested parties
City Attorney
CouncilMembers
Dieringer, Pieper,
Black, Mirsch and Wilson
DELIVERED
City Manager
City Council
Also posted at City Hall, at www.Rolling-Hills.org and PDF in DropBox.
I declare under penalty of perjury, that the foregoing is true and correct.
Executed on the 25th day of August, 2017 at Rolling Hills, California.
Ewa Nikodem
Administrative Assistant
Monday, August 14, 2017 7:43 AM
Subject: Undelivered Mail Returned to Sender
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From: Yvette Hall <yhall@cityofrh.net>
To: Yvette Hall <yhall@cityofrh.net>
Subject: City Council Meeting Agenda for August 14, 2017
Thread -Topic: City Council Meeting Agenda for August 14, 2017
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Page 1 of 2
Yfl'"' / y r ci L b r co 5 I U
AUG 14 2017
City of Rolling Hills
ay
From Sue Breiholz
Agend. NAME
4C Dan Bolton
RHCA - In their inbox
5A CLINTON
A + SR STEPHANIE
5B ROTTER
A + SR Dan Martinez REP
email: Address City
dbolton@boltonengineering.com
26 Eastfield Drive
s_oberc@seedgroupla.com
2950 Palos Verdes Dr N
lucasbros@yahoo.com
7A please email agenda only and BCC the residents below
7A Dana Chelf
Bob & Marcia Gold
Nina Ritter
Judy Mishkin
Clint Patterson
Jill Smith
Malcolm & Wayne Sharp
Carla Routt
Michelle Mottola
Jack Thourot
Debi Fournier
August Rihaczek
Dale Stucker
LA County Animal Care and Control
Janet Leach
Gary Johnson
All Flying Mane Road
Dana Chelf
8A Steve & Lori Wheeler
A + SR LA County Building and Safety Dep
A + SR Tavisha Nicholson
danachelf@gmail.com
thegoldfamily@cox.net
nina.ritter4@verizon.net
judithmishkin@schlossbros.com
clintpatterson@gmail.com
jvhs@me.com
pvsharp@cox.net
LBMPtopper@aol.com
osomellowbug@yahoo.com
JT@acdbug.com
Debi4nier@aol.com
rihaczek@cox.net
ibodaleo@yahoo.com
mmayeda@animalcarelacounty.gov
59 Crest Road East
38 Portuguese Bend Road
KBAGNELL@dpw.lacounty.gov
tnicholson@boltonengineering.com
9A View Ordinance
RH website and Pending Ordinances "Notify Me"
RHCA In their inbox
weblink Jeff Pieper
jpieper@cityofrh.net
weblink
weblink
weblink
weblink
weblink
weblink
weblink
weblink
A
A
SR+A
Leah Mirsch
Richard Colyear
Lynn Gill
Spencer Karpf
James Wald
Howard Weinberg
Marcia Schoettle
Debi Fournier
Tina Greenberg
Fenton Taylor
Joe Gregorio
Lorig
9B J. Lopez, LA County Fire Department
jack Smith, Caballeros
lmirsch@cityofrh.net
Rcolyearl@aol.com
lynn.gill@cox.net
skarpf@earthlink.net
jcwa1d007@aol.com
howard@weinberglaw.la
mdsgardener@gmail.com
Debi4nier@aol.com
32 Portuguese Bend Road
49 Saddleback Road
45 Eastfield Drive
CO 1,1
' AGENDA
>Wag, qee4
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
CITY COUNCIL CITY OF ROLLING HILLS
REGULAR MEETING MONDAY, AUGUST 14, 2017 7:00 P.M.
Next Resolution No. 1215 Next Ordinance No. 353
1. CALL TO ORDER
2. ROLL CALL
3. OPEN AGENDA - PUBLIC COMMENT WELCOME
This is the appropriate time for members of the public to make comments regarding the items on the
consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take
place on any items not on the agenda.
4. CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any Councilmember may
request removal of any item from the Consent Calendar causing it to be considered under Council
Actions.
A. Minutes - Regular Meeting of July 24, 2.017.
RECOMMENDATION: Approve as presented.
B. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Consideration of a Professional Services Agreement with Bolton Engineering for the
preparation of grading, drainage and related plans for the proposed improvements at the
tennis courts complex.
RECOMMENDATION: Approve as presented.
D. Review and approval of the Commission Recruitment/Appointment Timeline for terms
expiring in January 2018.
RECOMMENDATION: Approve as presented.
E. Consideration of a date of December 11, 2017, 4-7 pm for the 32nd Annual Holiday Open
House
RECOMMENDATION: Approve as presented.
F County of Los Angeles Department of Animal Care and Control FY 2017-18 Service
Level Request.
RECOMMENDATION: Approve as presented.
Page 1 of 3
5. COMMISSION ITEMS
A. RESOLUTION NO. 2017-10 — A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO
RETAIN A CHICKEN COOP IN THE REAR YARD SETBACK, RETAIN A SHED IN
THE SIDE SETBACK, RETAIN AN AS -BUILT FIRE PIT, TO EXCEED THE
PREVIOUSLY APPROVED LOT DISTURBANCE, CONSTRUCT A NEW
SWIMMING POOL AND SPA AND TO CONSTRUCT VARIOUS OUTDOOR
AMENITIES, IN ZONING CASE NO. 921, AT 26 EASTFIELD DRIVE (LOT 86-A-
EF) ROLLING HILLS, CA, (CLINTON).
B. RESOLUTION NO. 2017-11 — A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR
GRADING TO REPAIR A FAILED SLOPE, A VARIANCE TO EXCEED THE
MAXIMUM PERMITTED DISTURBANCE OF THE LOT AND A STABLE USE
PERMIT TO ALLOW RECREATION USE IN A STRUCTURE CONSTRUCTED AS
A STABLE IN ZONING CASE NO. 908, AT 2950 PALOS VERDES DRIVE
NORTH, (LOT 1-D-1RH) (ROTTER).
6. PUBLIC HEARINGS
NONE.
7. OLD BUSINESS
A. DISCUSSION AND POSSIBLE DIRECTION TO REDUCE PEAFOWL
POPULATION IN THE CITY OF ROLLING HILLS.
8. NEW BUSINESS
A. RESOLUTION NO. 1215 — A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS AMENDING RESOLUTION NO. 1205 REGARDING
DECLARATION OF A NUISANCE CONDITION AND ABATEMENT THEREOF AT
38 PORTUGUESE BEND ROAD (LOT 118-RH) TO MODIFY THE TIMELINE FOR
IMPLEMENTATION OF THE ORDER. OWNERS: STEVE AND LORI WHEELER.
9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
A. DISCUSSION AND POSSIBLE DIRECTION REGARDING EXTENDING THE
MORATORIUM ON THE PROCESSING AND CONSIDERATION OF
APPLICATIONS SOUGHT UNDER THE PROVISIONS OF CHAPTER 17.26 (VIEW
PRESERVATION).
B. DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING THE
PROACTIVE ENFORCEMENT OF THE FIRE FUEL ABATEMENT ORDINANCE.
C. DISCUSSION AND POSSIBLE DIRECTION TO REPLACE WHITE THREE -RAIL
FENCE IN FRONT OF CITY HALL ALONG PORTUGUESE BEND ROAD. (ORAL)
City Council Agenda
08/14/17 Page 2 of
D. UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW
ENFORCEMENT COMMITTEE MEETING HELD ON AUGUST 10, 2017. (ORAL)
E. DISCUSSION AND POSSIBLE DIRECTION FOR THE CITY OF ROLLING HILLS
TO SUPPORT A MOTION TO HAVE THE LOS ANGELES COUNTY BOARD OF
SUPERVISORS ESTABLISH A BLUE RIBBON COMMISSION ON PUBLIC
SAFETY TO CONDUCT AN IN-DEPTH ANALYSIS OF SPECIFIC S'T'RATEGIES,
CHALLENGES AND OPPORTUNITIES PRESENTED BY AB 109, PROP 47 AND
PROP 57. (ORAL)
10. MATTERS FROM STAFF
A. DISCUSSION AND POSSIBLE DIRECTION CONCERNING THE CITY OF
ROLLING HILLS PARTICIPATING IN A COMMUNITY CHOICE AGGREGATION
(CCA) PROGRAM TO PROVIDE RESIDENTS FUTURE ENERGY OPTIONS.
11. CLOSED SESSION
NONE.
12. ADJOURNMENT
Next meeting: Monday, August 28, 2017 at 7:00 p.m. in the Council Chamber, Rolling Hills City
Hall, 2 Portuguese Bend Road, Rolling Hills, California.
Public Comment is welcome on any item prior to City Council action on the item.
Documents pertaining to an agenda item received after the posting of the agenda are available for
review in the City Clerk's office or at the meeting at which the item will be considered.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to
participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at
least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure
accessibility and accommodation for your review of this agenda and attendance at this meeting.
City Council Agenda
08/14/17 Page 3.of 3
DRAFT
Agenda Item No. 4-A
Meeting Date: 08/14/17
MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, JULY 24, 2017 •
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pro Tem
Wilson at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills,
California.
ROLL CALL
Councilmembers Present:
Councilmembers Absent:
Others Present:
Dieringer, Mirsch, Wilson and Mayor Black*.
Councilmember Pieper (excused).
Raymond R. Cruz, City Manager.
Michael Jenkins, City Attorney.
Terry Shea, Finance Director.
Heidi Luce, City Clerk.
Marcia Gold, 9 Flying Mane Road.
Clint Patterson, 22 Georgeff Road.
Jill Smith, 10 Georgeff Road.
Carla Routt, 1 Southfield Drive.
Michelle Mottola, 7 Flying Mane Road.
Janet Leach, 5 Wideloop Road.
Dennis Yu, PARS.
OPEN AGENDA - PUBLIC COMMENT WELCOME
None.
CONSENT CALENDAR
Arrived at 8:05 p.m.
Matters which may be acted upon by the City Council in a single motion. Any Councilmember may
request removal of any item from the Consent Calendar causing it to be considered under Council Actions.
A. Minutes - Regular Meeting of July 10, 2017.
RECOMMENDATION: Approve as presented.
B. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Financial Statement for the Month of June 2017.
DRAFT
RECOMMENDATION: Approve as presented.
D. Republic Services Recycling Tonnage Report for June 2017.
RECOMMENDATION: Receive and file.
E. Approval of an agreement with Animal Pest Management Services, Inc. for up to $14,000
to provide coyote control services.
RECOMMENDATION: Approve as presented.
Mayor Pro Tem Wilson noted a typographical error on page three of the minutes — in the last sentence of
the first paragraph the word substantive is misspelled. Councilmember Mirsch moved that the City
Council approve the items on the consent calendar as presented with one correction to the minutes.
Councilmember Dieringer seconded the motion, which carried without objection.
COMMISSION ITEMS
None.
PUBLIC HEARINGS
None.
OLD BUSINESS
None.
Recognizing that there were several members of the community present with interest in the peafowl matter
scheduled later on the agenda, Mayor Pro Tem Wilson stated that the matter will be taken out of order.
Hearing no objection, he so ordered.
MATTERS FROM STAFF
DISCUSSION AND POSSIBLE DIRECTION TO REDUCE PEAFOWL POPULATION IN THE
CITY OF ROLLING HILLS.
Mayor Pro Tem Wilson introduced the item and asked for staff's comments. City Manager Cruz presented
the staff report stating that this matter was agendized for discussion at the request of the City Council after
receiving an e-mail from residents Bob and Marcia Gold of Flying Mane Road expressing concern
regarding the increased peafowl population in their area of the City and requesting that the City do
something to reduce the peafowl population. He stated that several other correspondence expressing
similar concern have been received recently and those correspondence are included with the staff report.
City Manager Cruz stated that the City has not historically done anything to control peafowl, but when
staff receives complaints, residents are informed that they can contract with a licensed trapper to
humanely trap the peafowl for relocation. He further reviewed the peafowl management programs used
by the Cities of Palos Verdes Estates, Rancho Palos Verdes and Rolling Hill Estates as well as the costs
associated with those programs. Discussion ensued concerning the other cites' programs and the
associated costs.
Minutes
City Council Meeting
07-24-17
DRAFT
Mayor Pro Tem Wilson commented that his understanding is that the areas where there are excessive
peafowl is the result of the peafowl being fed in that area. He inquired as to the legality of feeding
wildlife. In response, City Attorney Jenkins commented that he is not aware of a State law prohibiting the
feeding of ALL wildlife, but it would be something that is within the City's police powers to control the
feeding of wildlife. Further discussion ensued concerning the vendors used by the other cities for their
peafowl trapping programs and the costs associated with those programs.
In response to Councilmember Mirsch's inquiry, City Manager Cruz stated the Gold's have reported that
they see up to 40 peafowl in the area near Flying Mane Road; and the City is receiving more complaints
regarding peafowl recently.
Mayor Pro Tem Wilson called for public comment.
The following residents addressed the City Council expressing concern regarding the excessive number of
peafowl in the community, especially in the areas near Flying Mane Road, Crest Road East and Wideloop
Road; and encouraging the City to do something to reduce the population: Marcia Gold, 9 Flying Mane
Road; Clint Patterson, 22 Georgeff Road; Jill Smith, 10 Georgeff Road; Carla Routt, 1 Southfield Drive;
Michelle Mottola, 7 Flying Mane Road; and Janet Leach, 5 Wideloop Road.
Following public comment and discussion, Councilmember Dieringer moved that the City Council direct
staff to provide further information regarding the following items: existing City or State regulations
prohibiting the feeding of peafowl or other wildlife; examples of regulations prohibiting the feeding of
peafowl or other wildlife from other cities; cost proposals/information from other organizations that
provide peafowl trapping/relocation services including the trapper used by the City of Rancho Palos
Verdes and services provided by Los Angeles County Department of Animal Care and Control.
Councilmember Mirsch seconded the motion which carried without objection. Consideration of this matter
was continued to the August 14, 2017 meeting of the City Council.
NEW BUSINESS
DISCUSSION AND CONSIDERATION OF AUTHORIZING PARTICIPATION IN PUBLIC
AGENCY RETIREMENT SERVICES (PARS) POST -EMPLOYMENT BENEFITS TRUST
PROGRAM TO BE ADMINISTERED BY PARS AND U.S. BANK; APPOINTING THE CITY
MANAGER AS THE CITY'S PLAN ADMINISTRATOR; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE DOCUMENTS TO IMPLEMENT THE PROGRAM.
AND
CONSIDERATION OF RESOLUTION NO. 1214 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROLLING HILLS, CALIFORNIA APPROVING THE ADOPTION OF THE
PUBLIC AGENCIES POST -EMPLOYMENT BENEFITS TRUST ADMINISTERED BY
PUBLIC AGENCY RETIREMENT SERVICES (PARS).
Mayor Pro Tem Wilson introduced the item and asked for staff's comments. Finance Director Shea stated
that during the budget adoption process it was discussed that staff should research and come up with a
trust mechanism to pre -fund $185,000 of the City's $370,000 unfunded pension liability recognizing the
Minutes
City Council Meeting
07-24-17
DRAFT
fact that funds were budgeted for that purpose. He presented the staff report stating that staff identified an
Internal Revenue Code (IRC) Section 115 Trust as a good mechanism for that purpose. He stated that
contributions held in the trust are designated as irrevocable, meaning they must be used to fund the City's
retirement obligations and as such, the funds are tax-exempt. He further stated that out of the four firms
researched, that offer an IRC Section 115 Trust, staff recommends Public Agency Retirement Services
(PARS) for administration of the trust given their experience, history, competitive fee structure at 0.6%;;
and the fact that they are one of only two firms to have received a favorable Private Letter Ruling (PLR)
from the IRS for their Pension Rate Stabilization Program.
Dennis Yu, Senior Vice President, PARS addressed the City Council to further explain the PARS Pension
Rate Stabilization Program and provide additional background on the organization. He stated that for the
total fee of 0.6%, there are three companies involved in administration of the program: (1) PARS who
sets up the program and provides administration and compliance services; (2) US Bank, the trustee that
physically holds the assets; and (3) High Mark Capital Management (a wholly owned subsidiary of Union
Bank) the investment manager tasked to invest the funds based on the risk tolerance level established by
the City.
Mayor Black arrived and took a seat at the dais, but Mayor Pro Tem continued to preside over the
meeting.
Discussion ensued concerning the five investment strategy options available based on the City's risk
tolerance, which range from conservative to capital appreciation; and the 5 -year and 10 -year returns
earned with each of those options.
Discussion ensued concerning the oversight for the investment program and the assurance the City has
that its investments are protected.
Further discussion ensued concerning risk tolerance and various investment strategy options. Mr. Yu
further commented that in addition to selecting the investment strategy based on risk tolerance, the City
can also choose to use either an active or passive investment management approach. Following
discussion, Mayor Black suggested using the moderate investment strategy with the passive investment
management approach utilizing index -based securities. The City Council concurred.
Following further discussion, Councilmember Mirsch moved that the City Council adopt Resolution No.
1214 approving the adoption of the Public Agencies Post -Employment Benefits Trust administered by
Public Agency Retirement Services (PARS) and direct staff to employ the moderate investment strategy
utilizing index -based securities. Mayor Black seconded the motion, which carried without objection.
CONSIDERATION OF ENTERING INTO AN AGREEMENT WITH MULTI -BANK
SECURITIES, INC. AND A CUSTODIAL ACCOUNT WITH PERSHING LLC.
Mayor Pro Tem Wilson introduced the item and asked for staff's comments. Finance Director Shea stated
that in conformance with the City's investment policy, staff began researching potential broker -dealers for
purchasing investments like negotiable certificates of deposits and US Treasury Bonds in order to provide
another vehicle for purchasing those investments to increase the City's rate of return. He stated that the
investments will all be under $250,000 and for a term less than two years per the City's investment policy.
Minutes
City Council Meeting
07-24-17
DRAFT
He further reviewed the process for purchasing the CD's and stated that staff will continue to research and
identify additional broker -dealers but at this time is recommending entering into an agreement with Multi -
Bank Securities, Inc and a custodial account with Pershing, LLC.
Following brief discussion, Councilmember Mirsch moved that the City Council direct staff to execute the
documents necessary to enter into an agreement with Multi -Bank Securities, Inc and a custodial account
with Pershing LLC for investment services. Councilmember Wilson seconded the motion, which carried
without objection.
MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
Recognizing that this will be City Clerk Luce's last City Council meeting, the City Council thanked her
for her service to the City.
MATTERS FROM STAFF
DISCUSSION AND POSSIBLE DIRECTION TO REDUCE PEAFOWL POPULATION IN THE
CITY OF ROLLING HILLS.
Taken out of order — see above.
CLOSED SESSION
None.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Pro Tem Wilson adjourned the meeting at
8:52 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, August 14,
2017 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling
Hills, California.
Prepared by: Heidi Luce, City Clerk
Respectfully submitted,
Yvette Hall
Interim City Clerk
Approved,
James Black, M.D.
Mayor
Minutes
City Council Meeting
07-24-17
City
/211,.9 JJ;fG
Agenda Item No: 4-B
Mtg. Date: 08/14/17
INCORPORATED JANUARY 24, 1957
CHECK CHECK. PAYEE
NO. DATE
* EFT 7/28/2017 CALPERS
* EFT 7/28/2017 CALPERS
24943 08/14/2017 AMERICAN MICROIMAGING, INC
24944 08/14/2017 ARBORGATE CONSULTING, INC.
24945 08/14/2017 CALIFORNIA WATER SERVICE CO.
24946 08/14/2017 COUNTY OF LOS ANGELES
24947 08/14/2017 COUNTY OF LOS ANGELES
24948 08/14/2017 COX COMMUNICATIONS
24949 08/14/2017 ED SWART
24950 08/14/2017 EXECUTIVE -SUITE SERVICES, INC.
24951 08/14/2017 FOUNTAINHEAD CONSULTING INC.
24952 08/14/2017 JENKINS & HOGIN, LLP
24953 08/14/2017 KONICA MINOLTA BUSINESS
24954 08/14/2017 MANERI SIGN CO., INC.
24955 08/14/2017 MCGOWAN CONSULTING
24956 08/14/2017 NEOPOST USA INC
24957 08/14/2017 PVP UNIFIED SCHOOL DISTRICT
24958 08/14/2017 PENINSULA SYMPHONY
24959 08/14/2017 PETTY CASH-EWA NIKODEM
24960 08/14/2017 SOUTH BAY CHAMBER MUSIC
24961 08/14/2017 SOUTHERN CALIFORNIA EDISON
24962 08/14/2017 USCM
24963 08/14/2017 VANTAGEPOINT TRANSFER AGENTS
24964 08/14/2017 WILLDAN INC.
24965 08/14/2017 XEROX CORPORATION
24966 N/A VOID CHECK
24967 N/A
* PR LINK 7/21/2017
* PR LINK 7/21/2017
* PR LINK 8/4/2017
* PR LINK 8/4/2017
VOID CHECK
PR LINK - PAYROLL PROCESSING
PR LINK - PAYROLL 15 & PR TAXES
PR LINK - PAYROLL PROCESSING
PR LINK - PAYROLL 16 & PR TAXES
I, Raymond R. Cruz, City Manager of Rolling Hills, Calif
are accurate and there is available in the General Fund
pa .fabove is
Raymond . City Manager
Previously Disbursed
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
08/14/2017 - CHECK RUN
DESCRIPTION
HEALTH INSURANCE AUGUST 2017
RETIREMENT FOR JULY 2017
AMI MTC ANNUAL CONTRACT 7/20
ARBORIST REPORT 7/31/17
WATER SERVICE 6/27/17-7/26/17
COYOTE CONTROL JUNE 2017
ANIMAL CONTROL SERVICES JUNE 2017
PHONE/INTERNET 7/26/17-8/25/17
UTILITY POLE UNDERGROUND 7/24
JANITORIAL SERVICES JULY 2017
IT SERVICES FOR AUGUST 2017
ATTORNEY SERVICES JULY 2017
COPIER MAINTENANCE 6/12/17-7/11/17
PAINT/CAPE DO NOT ENTER SIGN
STORM WATER MGMT JUNE 2017
TABBING MACHINE MAINT FY 17/18
BUSINESS CARDS -COUNCIL 7/20/17
DONATION FOR FY17/18
PETTY CASH MAY - JULY 2017
FY 17/18 GRANT
ELECTRICITY 6/23/17-7/25/17
DEFERRED COMP 7/21/17 & 8/4/17
DEFERRED COMP 7/21/17 & 8/4/17
INSPECTION SERVICES JUNE 2017
PRINTER MAINTENANCE JULY 2017
PRINTER ERROR
PRINTER ERROR
PROCESSING FEE
PAY PERIOD - JULY 5, 2017 THROUGH JULY 18, 2017
PROCESSING FEE
PAY PERIOD - JULY 19, 2017 THROUGH AUGUST 1, 2017
'a certify that the above demands
alance of $101,286.69 or the
AMOUNT
7,967.09
5,807.32
1,683.00
1;000.00
829.42
3,416.66
389.65
437.49
5,343.64
392.00
516.00
10,504.20
71.12
174.16
5,614.20
612.00
406.41
1,000.00
264.44
600.00
1,844.89
3,196.00
728.00
2,158.75
41.00
57.45
18,136.92
52.45
28,042.43
S 101,286.69
54,997.44
Printed on Recycled Paper
TO:
FROM:
THRU:
SUBJECT:
aiRaele;if qee4
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.: 4-C
Mtg. Date: 08-14-17
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
YOLANTA SCHWARTZ, PLANNING DIRECTOR
011
RAYMOND R. CRUZ, CITY MANAGER
CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT
WITH BOLTON ENGINEERING FOR PREPARATION OF GRADING,
DRAINAGE AND RELATED PLANS FOR THE PROPOSED
IMPROVEMENTS AT THE TENNIS COURTS COMPLEX.
DATE: AUGUST 14, 2017
ATTACHMENTS:
Proposals
Professional Services Agreement
RECOMMENDATION
It is recommended that the City Council award a contract to Bolton Engineering
Corporation to prepare grading and drainage plans and related documents for the
tennis court area improvement project, and authorize the City Manager to sign the
Agreement and execute all appropriate documents.
BACKGROUND
The City's insurance company (JPIA) expressed concern that the tennis court facilities,
including the bathroom, are not handicap accessible. The tennis court lot is a City
property that is being leased to the Rolling Hills Community Association. The CJPIA
concerns were shared with the City Council, RHCA staff and Board. Over a year ago,
staff from both agencies was directed to develop a work plan for modifications to the
facilities, including the bathroom, for ADA compliance and renovations and
improvements of the entertainment area around the courts. RHCA engaged a landscape
architect to design an ADA compliant bathroom and pathways into the courts and
Page 1 of 3
picnic area from Portuguese Bend Road and an Architect to design the structures
including a new storage shed.
In August 2016 the City Council and RHCA Board, at their respective meetings,
reviewed preliminary plans for the improvements and concurred with the concepts and
reviewed and approved a very rough, preliminary budget for the project in the amount
of $316,931.
The City's portion of the cost includes as follows:
1. Pathways, railings, low walls along pathways and elsewhere, if needed, and
flatwork for ADA compliance
2. ADA Restroom ($5, 000)
3. Lighting
4. Planting/Irrigation (1/2)
5. Engineering, structural, plan check & permits (2/3)
6. Construction Manager (1/2)
In the 2017-18 fiscal year budget, the City Council appropriated $195,000 for the
improvements to account for prevailing wages and construction management costs.
However, this budgeted amount is still an estimate and the final costs will not be
known until all components of the project are bid out.
Over the year, several meetings were held between the staffs of both agencies, members
of the tennis club committee for this project and City Council and RHCA Board liaisons,
as well as the adjacent property owners. During this time period, based on everyone's
input, several changes were made to the original concept, including the location and
size of the storage shed.
Currently, architectural and structural plans, structural calculations and ADA pathway
plans have been prepared for the proposed project and have been submitted to the LA
County Building Department for plan check. The LA County Public Works staff, at no
cost to the City, provided technical support to the architect and landscape architect for
the preparation of structural calculations and plans that would be compliant with ADA
requirements. One of the components of the project entails grading for the ADA
pathways, low walls, handicap parking space, steps and planters to better utilize the
area. The grading is not extensive, mostly to level out the various areas for ADA
compliance.
DISCUSSION
As stated above, one of the components of the project require grading. Therefore, grading
and related plans must be prepared so a grading contractor would know what needs to
be done. The grading and related plans, such as drainage and LID compliance will be
submitted to LA County Building and Safety Department for review and permitting.
Page 2 of 3
Staff requested bids from several engineering firms for the preparation of grading plans
for this project and received two proposals back. One firm responded in writing that they
would not be able to provide a bid at that time.
COMPANY COST
1. Cetech Engineering $14,500
2. Bolton Engineering $8,000
3. Denn Engineering Did not bid
Bolton Engineering Corp. is a local civil engineering firm most familiar with the City's
topography and process. They are familiar with City lots, as they were previously
involved in the City's parking lot improvement, act as a civil engineering firm, on an as
needed basis, to the RHCA and have prepared many base maps for lots throughout the
City, including a partial topographic map of the tennis court lot. They prepared
topographic map and grading plans for the projects for the adjacent property, and are
therefore familiar with the topography, and have plans of the adjacent areas. All these
components are necessary to prepare a grading plan for the tennis court lot.
Bolton Engineering, Corp. meets all of the City's insurance requirements and is
qualified to do this job. Based on their familiarity with the City and their low bid, Bolton
Engineering Corp. is recommended for approval.
FISCAL IMPACT
The agreement will be on time and materials basis with the cost not to exceed the
contract amount of $8,000.00 without prior City authorization. The 2017/18 fiscal year
includes $195,000 for the tennis court area improvements and the costs shown here to
provide the grading and drainage plans fits within that budget.
NOTIFICATION
Dan Bolton, of Bolton Engineering Corp. has been notified that this item will be
considered by the City Council at its meeting of August 14, 2017 and a representative of
his office will be present to answer questions. This staff report was provided to RHCA
staff.
Page 3 of 3
THIS PAGE INTENTIONALLY LEFT BLANK
Bolton Engineering Corporation
25834 Narbonne Avenue #210
Lomita, CA 90717
Phone (310) 325-5580
March 1, 2017
City of Rolling Hills
Attn: Ray Cruz
2 Portuguese Bend Road
Rolling Hills, CA 90274
RE: PROPOSAL - CIVIL ENGINEERING
RHCA Tennis Court
Dear Mr. Cruz:
We are in receipt of preliminary plans for the subject project which depicts a new cabana, shed, and associated
ADA pathways to be located adjacent to the existing RHCA tennis courts. To authorize work under the outlined
terms, please sign one copy of this document and return to our offices with retainer. Thank you for the opportunity
to propose on this project.
1. Scope of Work: Civil
• Fine Grading and Drainage Plans: Prepare fine grading, drainage, and erosion control plan for the proposed
development. Provide earth work quantity study, as well as hydrology & hydraulics study. Includes one site
meeting with the City and RHCA to review plans.
• Low Impact Development (LID) Plans: Prepare LID plan and report in accordance with County of Los Angeles
Low Impact Development Standards Manual. Includes one meeting at the County to discuss LID
requirements.
• Retaining Wall Plan: If required, prepare retaining wall plan and calculation package for submittal to County of
Los Angeles for area adjacent to proposed shed and along walkways.
• Processing: Bolton Engineering will process the Grading / Drainage Plan and Retaining Wall Plan through the
County of Los Angeles.
Approximate Fee:
Total Approximate Fee:
Required Retainer:
$8,000.00
$ 8,000.00
$ Waived
I1. Deliverables
Hard copies and digital copies of plans and calculations, as outlined in the Scope of Work, suitable for submittal to the
County of Los Angeles.
111. Requirements
We anticipate receiving the following documents in order to prepare the Scope of Work, above:
• CAD file for the architectural plan sets, including site plan, sections, elevations, and roof plan with downspout
locations in AutoCAD 2014 version or equivalent.
• Soils report for project site (if available)
IV. Exclusions
• No structural design for the proposed cabana or shed will be performed as it is understood that this is being
taken care of by the County of Los Angeles. If structural design is required it can be provided for an additional
fee.
• No Conditions of Approval have been provided, BEC has not performed due diligence on the owner's behalf and
no representation is made as to the viability of the project. It is assumed that off site and public improvements
are sufficient to serve the project and any required off site work, in the public right-of-way, is in addition.
• Improvement plan scope is limited to the plans listed above; no off site work is included.
• It is assumed that the processing of plans and approvals through the County and other required entities, other
than those noted under the Scope of Work, will be done by the Client or another consultant. If meetings at the
City or on -site (other than the one included meeting) are required, they will be charged on a time and materials
basis.
1r3
Bolton i ee 1 Corporation
25834 Narbonne Avenue #210
Lomita, CA 90717
Phone (310) 325-5580
• Bolton Engineering Corp. does not engage in soils engineering or engineering geology. If these services are
required, they are outside the scope of this proposal and will require a separate consultant.
• Low Impact Development requirements of the County of Los Angeles prioritize infiltration design; it is
recommended that the project soils engineer address feasibility of infiltration in his report.
• We are under the assumption that less than an acre is proposed to be disturbed by this project and that a State
Storm Water Pollution Prevention Plan (SWPPP) is not required and therefore is excluded part of this proposal.
However, it can be provided for an additional fee should the City require SWPPP during plan check.
• Construction management, staking, surveying other than that specifically outlined above, and permanent and
temporary excavation support (retaining structures and shoring) has not been included in this proposal and can
be provided for an additional fee.
• Inspections are not included -in this Scope of Work but can be provided on a time and materials basis.
• Project revisions, representation at public hearings or other meetings required to present the project are not
included in the above fee and are proposed to be billed on a time and materials basis.
• All fees or levies required by govemment agencies will be assumed by the client. Reproduction and other
incurred costs on the client's behalf are additional.
Hourly Rates are as follows:
Reg. Chief Engineer - $175.00
Reg. Civil Engineer - $150.00
2 person Survey Party - $230.00
1 person Survey Party- $120.00
Drafting -
Engineer -
Designer -
$ 90.00
$120.00
$110.00
Senior Engineer -
Principal -
Surveyor Office -
Reg. Land Surveyor
$150.00
$260.00
$110.00
$140.00
Approximate cost, where indicated, is neither a maximum nor a fixed price unless so stated. Retainers are credited to final billing.
Interest rate shall be 12 percent. The undersigned client authorizes BOLTON ENGINEERING CORPORATION (BEC) to perform
the above described work. Reproduction costs and Govemment fees are not included in the fee and shall be paid for by the
client. The fee or balance of the fee is due and payable upon completion of the work. Work performed over an extended period
will be invoiced monthly and due and payable the 10th of the month following date of invoice. Client acknowledges services are
relating to improvement of real property. Accounts unpaid over 30 days will be charged a service charge of one and one half
percent per month (18% per annum), not to exceed 5 percent over the rate charged by the Federal Reserve Bank of San
Francisco to member banks on the 25th of the month preceding this contract.
If a suit or other legal action is instituted to collect fees, client agrees to pay, in addition, all costs of collection and reasonable
attomey's fees. Hourly rates will be adjusted annually. Work may be canceled before completion by written request by either
party, and invoiced on an hourly basis to point of cancellation. The client agrees to limit the total aggregate liability of BEC to the
client and all contractors and subcontractors on the project due to negligent acts, errors and omissions by BEC so that such
liability shall not exceed the total fee for engineering services. Client acknowledges this as a "preliminary 20 day notice" and
understands that if bills are not paid in full for services furnished, the improved property may be subject to mechanics liens. Any
controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance
with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator's may be entered
in any Court having jurisdiction thereof. In event that BEC is required to appear in any legal action relating to any work performed
under this agreement, client agrees to pay BEC prevailing hourly rates for such appearance, reasonable attorney's fees and costs.
Regards,
Tavisha Nicholson
BOLTON ENGINEERING CORP.
Accepted By:
Signature Date:
Print Name
Title
•THOMAS T. YUGE, P.E.
REGISTERED CIVIL ENGINEER
ENGINEERS • PLANNERS • SURVEYORS
2252 W. Carson Street • Suite B • Torrance, California 90501 • (310) 533-1550 • FAX (310) 533-1550
PROPOSAL & SHORT FORM AGREEMENT
July 31, 2017
To:
City of Rolling Hills
1 Portuguese Bend Road
Rolling Hills CA 90274
Scope of Requested Services
Project Title / Location:
City of Rolling Hills Tennis Court Improvements
1 Portuguese Bend Road.
Rolling Hills, CA
Fee
Civil Engineering and Survey Services for Tennis Court Improvments
1. Project Management and Coordination with Client and Consultants
2. Topographic Survey as Required for Grading and Drainage Design
3. Preparation of Precise Grading and Drainage Plan, Includes Details, Quantity
Estimates, and Specifications on Plans
4. Preparation of Low Impact Development Plan
5. Preparation of Erosion Control Plan
6. Preparation of Design and Structural Calculations for Site Retaining Walls
Payment Schedule
$1,000.00
$2,000.00
$7,000.00
$2,000.00
$1,000.00
$1,500.00
TOTAL FEE FOR THE REQUESTED SERVICES IS: $ 14,500.00
A retainer in the amount of $3,000.00 is required at the commencement of work. Payments of all amounts due
for completed work must be received prior to the release of any documents to the client or others.
This proposal estimate and agreement specifically excludes all city or other local agency fees, reproduction charges,
messenger service, special mailings or other costs such as fees or work performed by others. Any additional
required or requested work shall be performed in accordance with our attached rate schedule.
This proposal specifically excludes the preparation of any off -site hydrology studies, any utility plans, and any other
public improvement that may be required as a condition of site development.
This proposal and agreement is to provide professional engineering and surveying services as specifically
described. There are no understandings or agreements except as herein expressly stated. If this proposal is
acceptable, please provide your written authorization to proceed with the work in the indicated space below. Should
you have any questions, please do not hesitate to call me at (310) 533-1550.
Sincerely,
AUG 0 2 ZU1/
City of Rolling Hills
By
❑ The proposal described herein is accepted by the
undersigned and authorization to proceed with the
above scope of work is hereby approved.
By:
Name:
Title:
•THOMAS T. YUGE, P.E.
REGISTERED CIVIL ENGINEER
ENGINEERS • PLANNERS • SURVEYORS
2252 W. Carson Street • Suite B • Torrance, California 90501 • (310) 533-1550 • FAX (310) 533-1550
HOURLY RATES FOR ENGINEERING SERVICES
EFFECTIVE JANUARY 1, 2017
OFFICE HOURLY RATE
Project Manager $ 200.00
Professional Engineer $ 185.00
Design Engineer $ 160.00
CAD Operator $ 95.00
Messenger $ 70.00
Clerical $ 60.00
HELD SURVEY
Licensed Surveyor / Professional Engineer
One -Man Survey Crew / Field Engineer
Two -Man Survey Crew
Three -Man Survey Crew
OTHER
Professional Representation / Consultation
Expert Witness
$ 185.00
$ 160.00
$ 220.00
$ 290.00
$ 305.00
$ 465.00
All full size prints will be billed at $3.50 for 24" x 36" sheets, $5.00 for 30" x 42" sheets, and $60.00 per mylar
sheet. All other reproduction, and other reimbursable items will be charged at our cost, plus 25%.
The above hourly rates for survey crew include fully equipped vehicles and costs of normal materials. Any
specialty type survey monuments or equipment may be charged at additional cost.
Survey field work is charged on a portal to portal basis with a 2 hour minimum charge.
THOMAS T. YUGE, P.E.
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of August 2017 at
City of Rolling Hills, County of Los Angeles, State of California, by and between the
CITY OF ROLLING HILLS, hereinafter called the CITY and Bolton Engineering, Corp.
hereinafter called the CONSULTANT.
1. RECITALS
A. The City desires to retain CONSULTANT to prepare grading and related plans
and documents for the Tennis Court Area Improvement project. The scope of the
project is to replace the existing gazebo with a cabana andoutdoor kitchen, make the
area ADA accessible, update the bathroom at the back of gatehouse to be ADA
compliant and create a handicap parking space adjacent to court #1. The ADA
improvements include all hardscape (ramps, stairways, railings, irrigation, landscape
lighting and .landscaping) and demolition of the existing structures and hardscape.
The grading plans are necessary to implement the improvements for the ADA
components of the project.
B. CONSULTANT is well qualified by reason of education and experience to
perform such services; and
C. CONSULTANT is willing to render such professional services as
hereinafter defined.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
herein contained, CITY hereby engages CONSULTANT and CONSULTANT agree to
perform the services set forth in this Agreement.
2. SCOPE OF WORK. Consultant shall perform all work necessary to
complete in a manner satisfactory to CITY the services set forth in the scope of work
attached as Exhibit A.
3. COST. The CITY agrees to pay CONSULTANT for all the work or any
part of the work performed under the Agreement at the rates and in the manner
established in the attached Exhibit A.
A. Compensation. Total expenditure made under this Agreement shall
not exceed the sum of 8,000. This fee includes all expenses, consisting of all incidental
blueprinting, photography, travel, attendance at meetings and miscellaneous costs,
estimated to be accrued.
Any increase in the compensation or scope of work shall be by express
written amendment approved by the City Manager and CONSULTANT.
4. METHOD OF PAYMENT. CONSULTANT shall be reimbursed in one
lump sum upon completion of the processing of the grading/drainage and related plans
through the LA County Building and Safety Department, for issuance of grading permit.
2017- Professional Services Agreement Bolton Engineering
,J
CONSULTANT shall submit an invoice in duplicate addressed to the CITY, c/o Planning
Department, 2 Portuguese Bend Road, Rolling Hills, CA 90274.
5. SUBCONTRACTING
CONSULTANT shall not be permitted to subcontract any portion of this contract
without the express written consent of the CITY.
6. COMMENCEMENT OF WORK
CONSULTANT shall commence work under this agreement upon execution of
this agreement.
7. ACCOUNTING RECORDS
CONSULTANT must maintain accounting records and other evidence pertaining
to costs incurred which records and documents shall be kept available at the
CONSULTANT's California office during the contract period and thereafter for five years
from the date of final payment.
8. OWNERSHIP OF DATA
All data, maps, photographs, and other material collected or prepared under the
contract shall become the property of the CITY.
9. TERM OF CONTRACT
This contract shall be valid for one year from execution of this agreement. The
City Manager may extend this contract with proof of a good cause. Such extension
shall be in writing by the CITY Manager to the CONSULTANT.
10. TERMINATION
This contract may be terminated at any time for breach and the CITY may
terminate unilaterally and without cause upon seven (7) days written notice to the
CONSULTANT. All work satisfactorily performed pursuant to the contract and prior to
the date of termination may be claimed for reimbursement.
11. ASSIGNABILITY
CONSULTANT shall not assign or transfer interest in this contract without the
prior written consent of the CITY.
12. AMENDMENT
It is mutually understood and agreed that no alteration or variation of the terms of
this contract, or any subcontract requiring the approval of the CITY, shall be valid unless
made in writing, signed by the parties hereto, and approved by all necessary parties.
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2017- Professional Services Agreement Bolton Engineering
13. NON -SOLICITATION CLAUSE
The CONSULTANT warrants that he or she has not employed or retained any
company or persons, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the CITY shall have the right to annul this
contract without liability, or, in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
14. INDEMNITY
CONSULTANT agrees to indemnify the CITY, its officers, employees and agents
against, and will hold and save each of them harmless from, any and all actions, claims,
damages to persons or property, penalties, obligations or liabilities that may be asserted
or claimed by any person, firm, entity, corporation, political subdivision or other
organization arising out of the negligent acts or intentional tortuous acts, errors or
omissions of CONSULTANT, its agents, employees, subcontractors, or invitees,
provided for herein. CONSULTANT will defend any action or actions filed in connection
with any of said claims, damages, penalties, obligations or liabilities and will pay all
costs and expenses, including attorneys' fees incurred in connection herewith.
CONSULTANT will promptly pay any judgment rendered against CITY, its officers,
agents or employees for any such claims, damages, penalties, obligations or liabilities.
In the event CITY, its officers, agents or employees is made a party to any action or
proceeding filed or prosecuted against CONSULTANT for such damages or other
claims arising out of or in connection with the sole negligence of CONSULTANT
hereunder, CONSULTANT agrees to pay CITY, its officers, agents, or employees, any
and all costs and expenses incurred by CITY, its officers, agents or employees in such
action or proceeding, including but not limited to reasonable attorney's fees.
15. INSURANCE
A. Without limiting CONSULTANT'S obligations arising under paragraph 14 -
Indemnity, CONSULTANT shall not begin work under this Agreement until it obtains
policies of insurance required under this section. The insurance shall cover
CONSULTANT, its agents, representatives and employees in connection with the
performance of work under this Agreement, and shall be maintained throughout the
term of this Agreement. Insurance coverage shall be as follows:
i. Automobile Liability Insurance with minimum coverage of $300,000
for property damage, $300,000 for injury to one person/single occurrence, and
$300,000 for injury to more than one person/single occurrence.
ii. Public Liability and Property Damage Insurance, insuring CITY its
elected and appointed officers, agents, and employees from claims for damages for
personal injury, including death, as well as from claims for property damage which may
arise from CONSULTANT'S actions under this Agreement, whether or not done by
CONSULTANT or anyone directly or indirectly employed by CONSULTANT. Such
insurance shall have a combined single limit of not less than $1,000,000.
-3-
2017- Professional Services Agreement Bolton Engineering
iii. Worker's Compensation Insurance for all CONSULTANT'S
employees to the extent required by the State of California.
B. Deductibility Limits for policies referred to in subparagraphs A (i) (ii) and
(iii) shall not exceed $5,000 per occurrence.
C. Additional Insured. City, its elected and appointed officers, agents, and
employees shall be named as additional insured on policies referred to in
subparagraphs A (i) and (ii).
D. Primary Insurance. The insurance required in paragraphs A (i) (ii) and (iii)
shall be primary and not excess coverage.
E. Evidence of Insurance. Consultant shall furnish CITY, prior to the
execution of this Agreement, satisfactory evidence of the insurance required, issued by
an insurer authorized to do business in California, and an endorsement to each such
policy of insurance evidencing that each carrier is required to give CITY at least 30 days
prior written notice of the cancellation of any policy during the effective period of the
Agreement. All required insurance policies are subject to approval of the City Attorney.
Failure on the part of CONSULTANT to procure or maintain said insurance in full force
and effect shall constitute a material breach of this Agreement or procure or renew such
insurance, and pay any premiums therefore at CONSULTANT'S expense.
16. ENFORCEMENT OF AGREEMENT
In the event that legal action is commenced to enforce or declare the rights
created under this Agreement, the prevailing party shall be entitled to an award of costs
and reasonable attorney's fees in the amount to be determined by the court.
17. CONFLICTS OF INTEREST
No member of the governing body of the CITY and no other officer, employee, or
agent of the CITY who exercises any functions or responsibilities in connection with the
planning and carrying out of the program, shall have any personal financial interest,
direct or indirect, in this Agreement; and the CONSULTANT further covenants that in
the performance of this Agreement, no person having any such interest shall be
employed.
18. INDEPENDENT CONSULTANT
The CONSULTANT is and shall at all times remain as to the CITY a wholly
independent consultant. Neither the CITY nor any of its agents shall have control over
the conduct of the CONSULTANT or any of the CONSULTANT's employees, except as
herein set forth. The CONSULTANT shall not at any time or in any manner represent
that it or any of its agents or employees are in any manner agents or employees of the
CITY.
19. ENTIRE AGREEMENT OF THE PARTIES
-4-
2017- Professional Services Agreement Bolton Engineering
This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties hereto with respect to the employment of CONSULTANT by
CITY and contains all the covenants and agreements between the parties with respect
such employment in any manner whatsoever. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which
are not embodied herein, and that no other agreement or amendment hereto shall be
effective unless executed in writing and signed by both CITY and CONSULTANT.
20. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws
of the State of California, and all applicable federal statutes and regulations as
amended.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
CITY OF ROLLING HILLS CONSULTANT
CITY MANAGER: DAN BOLTON, BOLTON
ENGINEERING CORP.
RAYMOND R. CRUZ DAN BOLTON
DATE:
ATTEST:
INTERIM CITY CLERK
APPROVED AS TO FORM:
MICHAEL JENKINS, CITY ATTORNEY
-5-
2017- Professional Services Agreement Bolton Engineering
DATE:
or EngEneerEng Corpora
March 1-, 2017
City of Rolling Hills
Attn: Ray Cruz
2 Portuguese Bend Road
Rolling Hills, CA 90274
25834 Narbonne Avenue #210
Lomita, CA 90717
Phone (310) 325-5580
RE: PROPOSAL - CIVIL ENGINEERING
RHCA Tennis Court
Dear Mr. Cruz:
EXHIBIT A
We are in receipt of preliminary plans for the subject project which depicts a new cabana, shed, and associated
ADA pathways to be located adjacent to the existing RHCA tennis courts. To authorize work under the outlined
terms, please sign one copy of this document and return to our offices with retainer. Thank you for the opportunity
to propose on this project.
I. Scope of Work: Civil
• Fine Grading and Drainage Plans: Prepare fine grading, drainage, and erosion control plan for the proposed
development. Provide earth work quantity study, as well as hydrology & hydraulics study. Includes one site
meeting with the City and RHCA to review plans.
• Low Impact Development (LID) Plans: Prepare LID plan and report in accordance with County of Los Angeles
Low Impact Development Standards Manual. Includes one meeting at the County to discuss LID
requirements.
• Retaining Wall Plan: If required, prepare retaining wall plan and calculation package for submittal to County of
Los Angeles for area adjacent to proposed shed and along walkways.
• Processing: Bolton Engineering will process the Grading / Drainage Plan and Retaining Wall Plan through the
County of Los Angeles.
Approximate Fee:
Total Approximate Fee:
Required Retainer:
$8,000.00
$ 8,000.00
$ Waived
II. Deliverables
Hard copies and digital copies of plans and calculations, as outlined in the Scope of Work, suitable for submittal to the
County of Los Angeles.
III. Requirements
We anticipate receiving the following documents in order to prepare the Scope of Work, above:
• CAD file for the architectural plan sets, including site plan, sections, elevations, and roof plan with downspout
locations in AutoCAD 2014 version or equivalent.
• Soils report for project site (if available)
IV. Exclusions
• No structural design for the proposed cabana or shed will be performed as it is understood that this is being
taken care of by the County of Los Angeles. If structural design is required it can be provided for an additional
fee.
• No Conditions of Approval have been provided, BEC has not performed due diligence on the owner's behalf and
no representation is made as to the viability of the project. It is assumed that off site and public improvements
are sufficient to serve the project and any required off site work, in the public right-of-way, is in addition.
• Improvement plan scope is limited to the plans listed above; no off site work is included.
• It is assumed that the processing of plans and approvals through the County and other required entities, other
than those noted under the Scope of Work, will be done by the Client or another consultant. If meetings at the
City or on -site (other than the one included meeting) are required, they will be charged on a time and materials
basis.
1
Botto nineeringCorp
25834 Narbonne Avenue #210
Lomita, CA 90717
Phone (310) 325-5580
• Bolton Engineering Corp. does not engage in soils engineering or engineering geology. If these services are
required, they are outside the scope of this proposal and will require a separate consultant.
• Low Impact Development requirements of the County of Los Angeles prioritize infiltration design; it is
recommended that the project soils engineer address feasibility of infiltration in his report.
• We are under the assumption that less than an acre is proposed to be disturbed by this project and that a State
Storm Water Pollution Prevention Plan (SWPPP) is not required and therefore is excluded part of this proposal.
However, it can be provided for an additional fee should the City require SWPPP during plan check.
• Construction management, staking, surveying other than that specifically outlined above, and permanent and
temporary excavation support (retaining structures and shoring) has not been included in this proposal and can
be provided for an additional fee.
• Inspections are not included in this Scope of Work but can be provided on a time and materials basis.
• Project revisions, representation at public hearings or other meetings required to present the project are not
included in the above fee and are proposed to be billed on a time and materials basis.
• All fees or levies required by government agencies will be assumed by the client. Reproduction and other
incurred costs on the client's behalf are additional.
Hourly Rates are as follows:
Reg. Chief Engineer - $175.00
Reg. Civil Engineer- $150.00
2 person Survey Party - $230.00
1 person Survey Party- $120.00
Drafting -
Engineer -
Designer -
$ 90.00
$120.00
$110.00
Senior Engineer -
Principal -
Surveyor Office -
Reg. Land Surveyor
$150.00
$260.00
$110.00
$140.00
Approximate cost, where indicated, is neither a maximum nor a fixed price unless so stated. Retainers are credited to final billing.
Interest rate shall be 12 percent. The undersigned client authorizes BOLTON ENGINEERING CORPORATION (BEC) to perform
the above described work. Reproduction costs and Govemment fees are not included in the fee and shall be paid for by the
client. The fee or balance of the fee is due and payable upon completion of the work. Work performed over an extended period
will be invoiced monthly and due and payable the 10th of the month following date of invoice. Client acknowledges services are
relating to improvement of real property. Accounts unpaid over 30 days will be charged a service charge of one and one half
percent per month (18% per annum), not to exceed 5 percent over the rate charged by the Federal Reserve Bank of San
Francisco to member banks on the 25th of the month preceding this contract.
If a suit or other legal action is instituted to collect fees, client agrees to pay, in addition, all costs of collection and reasonable
attomey's fees. Hourly rates will be adjusted annually. Work may be canceled before completion by written request by either
party, and invoiced on an hourly basis to point of cancellation. The client agrees to limit the total aggregate liability of BEC to the
client and all contractors and subcontractors on the project due to negligent acts, errors and omissions by BEC so that such
liability shall not exceed the total fee for engineering services. Client acknowledges this as a "preliminary 20 day notice" and
understands that if bills are not paid in full for services furnished, the improved property may be subject to mechanics liens. Any
controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance
with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator's may be entered
in any Court having jurisdiction thereof. In event that BEC is required to appear in any legal action relating to any work performed
under this agreement, client agrees to pay BEC prevailing hourly rates for such appearance, reasonable attorney's fees and costs.
Regards,
Tavisha Nicholson
BOLTON ENGINEERING CORP.
Accepted By:
Signature Date:
Print Name
Title
2
TO:
FROM:
THRU:
SUBJECT:
ge't atc geeed
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.: 4-D
Mtg. Date: 08/14/17
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
YVETTE HALL, INTERIM CITY CLERK
RAYMOND R. CRUZ, CITY MANAGER p
REVIEW AND APPROVAL OF THE COMMISSION
RECRUITMENT/APPOINTMENT TIMELINE FOR TERMS EXPIRING
IN JANUARY 2018.
DATE: AUGUST 14, 2017
ATTACHMENTS:
List of expiring Commission terms
Timeline for recruitment/appointment process
Sample Letter to be sent to incumbent Commissioners
Notice to be posted at City Hall (Maddy Act Notice)
RECOMMENDATION
It is recommended that the City Council review the attached timeline for Commission
recruitment/appointments and direct staff if any changes are desired.
DISCUSSION
Attached you will find a list of the Planning Commissioners terms expiring in January,
2018. The list also identifies the original date of appointment. There are no Traffic
Commissioners with terms expiring in 2018.
The Commission appointment process for filling the expiring terms calls for the
incumbents and public to be informed of the Commission openings prior to the
expiration of the Commission term.
As noted in the attached timeline, staff proposes to send letters to each incumbent
advising them of the process for being considered for re -appointment; as well as post
the notice at City Hall and advertise the openings in the City Newsletter on September
6, September 20 and October 4. The proposed timeline is designed so that the
appointments can be made before the terms of the incumbents expire and without
conflicting with upcoming holidays. It also provides for six weeks of pubic notification.
Once letters of interest for serving on the Commissions are received, staff will schedule
candidate interviews with City Council Personnel Committee as necessary.
It is requested that the City Council advise and direct staff if any changes are desired. If
no changes are desired, the City Council may receive and file this report.
YH:hl
CommissionAppts-Regular.docx
Attachment 1
List of Expiring Commission Terms (January, 2018)
Name
Commission
Date of Original
Appointment
Gregg Kirkpatrick
Planning Commission
11/25/13
Matt Seaburn
Planning Commission
08 /22 /16
Attachment 2
Commission Appointment Timeline
August 14, 2017
City Council reviews appointment timeline and'directs
changes as, necessary
August 30, 2017
Letters mailed to incumbents advising of Commission re-
appointment process
September 6, 2017
Local Appointment List posted at City Hall
September 6 & 20 and
October 4, 2017
Notice of Commission Member recruitment in City
Newsletter
October 18, 2017
Due date for letters of interest in serving on Commission
TBD (Last week of Oct/
First week of Nov)
City Council Personnel Committee interviews Commission
candidates (Dieringer/Pieper)
November 13, 2017
City Council appoints Commission Members for terms
beginning in January 2018
December 2017
Staff conducts orientation for any new Commission
Members
Attachment 3
Letter template sent to incumbent Commissioners
August 30, 2017
Name
Address
Rolling Hills, CA 90274
Dear (name),
On behalf of the City Council, I am writing to thank you for your on -going commitment
and support of the community by serving on the Planning Commission. Your service to
the City through your contributions to the Planning Commission have helped shape
and maintain the unique and special character of Rolling Hills.
In January 2018, your term on the Planning Commission will expire. As such, to be
considered for re -appointment, it is necessary that you forward a letter expressing your
continuing interest in serving on the Commission by October 4, 2017. The letter should
be sent to: Rolling Hills City Council, 2 Portuguese Bend Road, Rolling Hills, CA 90274.
The City Council will consider your request along with any other letters of interest
received from members of the community. If necessary, the City Council Personnel
Committee will conduct interviews and subsequent to the interviews, a
recommendation will be made to the City Council for the appointment of a
Commissioner. Upon receiving the Personnel Committee's recommendation, the City
Council will make an appointment for the next four-year term.
If you have any questions about the appointment process, please do not hesitate to call
me at 310-377-1521.
Sincerely,
Yvette Hall
Interim City Clerk
YH
08-30-17pc-tc-reappt-Itr.docx
cc: Mayor and City Council
Raymond R. Cruz, City Manager
Yolanta Schwartz, Planning Director
t is* Rat&t, g/ceei
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
PLEASE POST
City of Rolling Hills
Local Appointments List
of Positions on City Commissions for Calendar Year 2018
This list is prepared pursuant to Government Code § 54972 to inform residents of the City of Rolling
Hills regarding opportunities that exist for appointment to City Commissions in calendar year 2018.
A. Appointive Terms.
The following is a list of all positions on the City's Planning and Traffic Commissions for
which the terms of office expire in 2018 and for which the City Council will be appointing or
reappointing persons to fill those positions:
PLANNING COMMISSION (4 -year term)
Position/Name of Incumbent Last Appt. Date Term Exp.
Gregg Kirkpatrick 1/1/14 1/1/2018
Matt Seaburn 8/22/16 1/1/2018
The necessary qualification to be a member of the Planning Commission is to be a resident of
the City of Rolling Hills at least 18 years of age (Rolling Hills Municipal code § 2.20.025).
TRAFFIC COMMISSION (4 -year term)
Position/Name of Incumbent Last Appt. Date Term Exp.
None
The necessary qualification to be a member of the Traffic Commission is to be a resident of
the City of Rolling Hills at least 18 years of age (Rolling Hills Municipal Code § 10.08.010).
B. List of Board, Commissions and Committees
The Planning Commission and Traffic Commission are the only permanent Commissions or
Committees of the City of Rolling Hills. All members of these bodies are appointed by the City
Council and all serve at the pleasure of the City Council. The qualifications for the Planning
Commission and Traffic Commission are listed in part A of this List.
Prepared this 6th day of September 2017.
By:
Yvette Hall
Title: Interim City Clerk
a
ge:16
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521.,
FAX (310) 377-7288
Agenda Item No.: 4-E
Mtg. Date: 08/14/17
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: RAYMOND R. CRUZ, CITY MANAGER "
SUBJECT: CONSIDERATION OF A DATE OF DECEMBER 11, 2017, 4-7 PM FOR
THE 32ND ANNUAL HOLIDAY OPEN HOUSE
DATE: AUGUST 14, 2017
RECOMMENDATION
It is recommended that members of the City Council approve December 11, 2017, 4-7
pm for the 32nd Annual Holiday Open House. Following the same procedure we have
used in previous years staff will coordinate the arrangements for invitations, food and
support services and keep Councilmembers apprised of any progress.
BACKGROUND
For the past 21 consecutive years, the City Council hosted a Holiday Open House at
City Hall. It is traditionally held on the second Monday in December. This year, the
second Monday is December 11th.
Until 2011 the event was held from 5-8 pm. Starting in 2012, the event was held from 4-7
pm so that residents who don't want to drive at night could attend the event. The event
is advertised in the citywide Newsletter and in addition formal invitations to the
Holiday Open House are mailed the second week in November to each household in
the City, to each Mayor on the Peninsula, President or lead individual of each local
governmental agency (County, School District, Library District, Cities and State
representatives) for all its elected officials and its chief of staff and, as deemed
appropriate by the individual agency, other subordinate staff could attend.
Per the City Council decision at their meeting on 11/09/2009, one invitation is mailed
to each Mayor and only the four cities on the Peninsula are included on the invitation
list. Also, vendors who provide a public service to residents are invited and one
invitation is sent to the lead repres tative of the company (e.g., utilities, refuse
9
contractor, Willdari, County Building Department, County Fire Department, County
Sheriff's Department, County Animal Care & Control Department, etc.). Staff estimates
that last year approximately 115 people attended the event.
FISCAL IMPACT
The expected cost of the event would be approximately $6,100 - $6,700 and it will be
consistent with previous years. Funds for the event are available in the FY 2017/18
budget.
RRC/en
Holiday Open House Report.doc
TO:
FROM
SUBJECT:
DATE:
Ralle:09 get4
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.: 4-F
Mtg. Date: 08/14/17
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
RAYMOND R. CRUZ, CITY MANAGER'""
COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE
AND CONTROL FY 2017-18 SERVICE LEVEL REQUEST.
AUGUST 14, 2017
ATTACHMENTS:
July 19, 2017 letter from Animal Care and Control
FY 2017-18 Contract City Billing Rates/ Service Level Request
FY 2017-18 Service Level Schedule
BACKGROUND
The City of Rolling Hills maintains a contract with the Los Angeles County Animal
Care and Control for animal control services, which includes licensing, picking up dead
animals and investigating nuisance and aggressive animal complaints among other
services. These services are provided on an on -call basis at the rates listed in the
attached correspondence. To ensure continuation of these services, the County requires
that this Service Level Request be completed and returned. The attached Service Level
Request for FY 17-18 has been prepared based on historical service levels and is
presented for City Council consideration.
Staff started to meet with officials from the Los Angeles County Department of Animal
Control and Care over a year ago concerning the Rolling Hills Municipal Code (RHMC)
that relates to their contract with the City. The City Attorney completed an analysis to
determine if the County through its Title 10 code was fulfilling its contract in enforcing
the City's code associated with animals — licensing, impounding, found animal
protocols, vaccinations, etc. The analysis demonstrated that over the years in a number
of areas that the County is not complying with certain service levels outlined in the
RHMC. Most of these areas would not be obvious or problematic with .the public, but
the County wanted the City to know that the RHCA as presently written is conflicting
in a few areas due to legislative/policy mandate changes or budgetary constraints of
the Department. As a result of these discussions, the County recently came back with
recommendations where the City should change the RHMC. Therefore; the Department
will still enforce the City's existing code as written until staff comes back with
recommended changes. The enclosed Service Level Request includes the exemptions to
Title 10 where it will provide services.
FISCAL IMPACT
The County estimates, based on the service level provided in FY 2016/17 that services
provided in FY 2017/18 will cost $4,254 based on the FY 17/18 rates, which is a 6.7%
increase over FY 2016/17. Since services are provided on an on -call basis this amount
may vary. The budget contains funding for this item.
RECOMMENDATION
It is recommended that the City Council approve the FY 2017-18 Service Level Request
as presented and authorize the City Manager to sign the form, or provide further
direction to staff.
RC:yh
17-18ServiceLeaelRequest_CountyACC-sta.docx
k = tattrutt - is
Marcia Mayeda
Director
Animal Care Center
fACC1 Locations
Agoura ACC
29525 Agoura Rd.
Agoura, CA 91301
(818) 991-0071
Baldwin Park ACC
4275 N. Elton St.
Baldwin Park. CA 91706
(626) 962-3577
Carson/Gardena ACC
216 W. Victoria St.
Gardena, CA 90248
(310) 523-9566
Caslaic ACC
31044 N. Charlie Cyn.
Road
Caslaic, CA 91384
(661) 257-3191
Downey ACC
11258 S. Garfield Ave.
Downey, CA 90242
(562) 940-6898
Lancaster ACC
5210 W. Avenue 1
Lancaster, CA 93536
(661) 940.4191
Palmdale ACC
38550 Sierra Highway
Palmdale, CA 93536
(661) 575-2888
County of Los Angeles
Department of Animal Care and Control
Administrative Office
5898 Cherry Avenue
Long Beach, Califomia 90805
(562) 728.4610 • Fax (562) 422-3408
http:l/animalcare.lacounty.gov
July 19, 2017
Mr. Raymond R. Cruz
City Manager
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, CA 90274
Dear Mr. Cruz:
RECEIVED
AUG 0 8 2017
City of Rolling Hills
By
SERVICE LEVEL REQUEST & UPDATES FOR CITIES
COL.NTY or
LOS A NGEUS
ANIMAL CARE
AND CONTROL
Thank you for your ongoing partnership in protecting the people and animals
in the City of Rolling Hills (City) and the County of Los Angeles (County). In
the interest of maintaining current and accurate communication between the
City and the County Department of Animal Care and Control (Department),
we are providing the following information.
The purpose of this is fivefold: to notify you of the billing rates for Fiscal Year
(FY) 2017-18, to provide you with the annual Services Level Request for the
City's services selection options, to inform you of ways you can lower the
City's sheltering cost by contributing to the Spay and Neuter Trust Fund, to
provide you with information on the Department's upcoming Master Plan for
facilities, and to provide an update on the status of the fee methodology
study.
Billing Rates
As discussed in prior letters, the Department is providing you with the service
rates for FY 2017-18. The Department, in conjunction with the County
Auditor -Controller, has revised the contract city billing rates for FY 2017-18.
The new rates are summarized on the first page of the FY 2017-18 Service
Level Request (Attachment A). These rates were set forth by the
Auditor -Controller and will take effect starting July 1, 2017.
To Enrich Lives Through Effective And Caring Service"
Mr. Raymond R. Cruz
July 19, 2017
Page 2
Service Level Request
To ensure requested services implementation within your jurisdiction without
interruption, we are seeking your cooperation in completing the enclosed Service Level
Request (SLR) and submitting it no later than August 9, 2017. The completed form
should be submitted to:
County of Los Angeles
Department of Animal Care and Control
Attention: Contract Management Division
5898 Cherry Avenue
Long Beach, CA 90805
We request that your city submit the SLR form by the deadline to ensure newly selected
services will take effect on the first day of September. If the new fiscal year SLR form is
not received to amend services, we will continue to provide service as indicated on the
most current SLR form on file.
The completion of this annual SLR is consistent with the terms of the Services
Agreement, providing the Department with an acknowledgement of planned services
and allowing for operational planning and deployment of resources. During the fiscal
year, you may also submit an amended request as needed. Any additions or deletions
to services will be scheduled for implementation upon agreement by both parties.
Also enclosed is a breakdown and description of Kennel Days and Field Services
(Attachment B) and FY 2017-18 Cost Estimates (Attachment C) for your reference.
Spay/Neuter Trust Fund
To minimize fiscal impact to your city, we encourage you to select the Spay/Neuter
Trust Fund from the SLR. The Trust Fund is an option to lower the City's future animal
intakes and thereby potentially lessen the field service hours and kenneling cost. By
selecting this program, your city will contribute $5.00 per dog license fee collected to the
Spay/Neuter Trust Fund. This allows the Department to offer a low cost and/or free
spay/neuter program to your city's residents. In addition to the current participating
veterinary clinics, the Department has contracted with a mobile veterinary clinic,
Spay4LA, to provide low cost and/or free spay and neuter services in cities who
contribute to this program. The program benefits city residents and aims to lower
overall animal service needs by limiting unwanted litters. While it is a not requirement to
adopt the Mandatory Spay and Neuter clause of the Title 10 ordinance to participate,
the program does aid residents in complying with the requirement in cities that have
adopted this ordinance.
Mr. Raymond R. Cruz
July 19, 2017
Page 3
Department's Master Plan
On April 19, 2017, a workshop was held to discuss the collaboration between the
Department, the County's Chief Executive Office Asset Management Branch, and the
Department of Public Works in developing a long-range facilities master plan. The
Department invited full -service cities with higher levels of use of animal care services as
well as the California Contract Cities Association to participate. Participants teamed
about trends in animal sheltering, calculating animal capacity requirements, public
safety, animal care and placement, veterinary services, special programs provided by
the Department, and the status of current Los Angeles County -operated animal care
centers. Participants also provided input to help guide the development of the Master
Plan. The County has retained Animal Arts Design, an architectural firm that
specializes in animal facility design, to lead this effort. On May 15, 2017, a letter and
copies of materials from the workshop were sent to you.
Contract City Billing Rate Study
The Department is finalizing the FY 2018-19 billing rate methodology that was
developed by our consultant, MGT of America, Inc. (MGT). The Department will be
meeting with the County's Board of Supervisors to provide information on MGT's billing
rate study, cost recovery, and recommendations.
We will be reaching out to contract cities in the coming months to invite you to one of
several meetings set at locations throughout the County to provide information about
the revised billing methodology and any additional changes that may be implemented,
including how these changes may impact your city.
If you have any questions, please contact Ms. Whitney Duong, Contract Management
Division Liaison, at (562) 256-2412 orwduong@animalcare.lacountv.gov.
Sincerely,
MARCIA MAYEDA
Director
MM:BW:AMJ:WD:mr
Attachments
THIS PAGE INTENTIONALLY LEFT BLANK
ATTACHMENT A
CITY -COUNTY MUNICIPAL SERVICES AGREEMENT
COUNTY OF LOS ANGELES
DEPARTMENT OF ANIMAL CARE AND CONTROL
AND
THE CITY OF
ROLLING HILLS
FISCAL YEAR 2017-18 SERVICE LEVEL REQUEST
Part One: Billing Rates for the period July 1, 2017, through June 30, 2018
Kennel Services*
Dog and Cat per day $32.79
Other animals per day $13.49
Dog license processing per license $ 3.25
Dead animal disposal per animal $15.69
Field Services per hour $98.62
Animal License Field Enforcement per hour $69.03
Liability Trust Fund (applied to Field Services and Animal License
Field Enforcement hourly amounts only) 4%
City of Rolling Hills
Page 1 of 10
Part Two: Annual/Amended Service Request Approval
Raymond R. Cruz
Authorized Representative Authorized Signature Dale
(Printed Name) (Signature)
City Manager 310-377-1521
Title Telephone Number
Part Three: Annual Service Level
Standard Shelter Services:
x Full Service - All animals acquired in the field, within the boundaries of the City or
determined to have originated within the boundaries of the City, may be impounded
at a County animal care center. Impounded animals will be vaccinated and
provided medical care, food, and shelter. The animal's picture will generally be
posted on the Department's website to assist residents in reclaiming a lost or
missing pet.. Residents may also visit the associated animal care center to find
their lost or missing pet. The hours of operation of each animal care center are
scheduled at the discretion of the Department. See Part One for the associated
shelter services billing rates. Primary animal care center**: Carson Animal
Care Center
Sheltering for Transfer - Full Service, as described above, except a designated
city or agency staff member with a vehicle deemed humane for transportation of
animals will acquire the animals from the County's Animal Care Center and
transport the animals to the shelter of the city's choice. The city will be responsible
for the costs of the temporary County care and housing, as well as the subsequent
costs of care and housing at the shelter of the city's choice.
City's Animal Care and Control (Sheltering Services) contact information:
Department Name:
Telephone:
Address:
No Sheltering Services
City of Rolling Hills
Page 2 of 10
**The Department shall take reasonable action to shelter all animals at this location.
There may be circumstances in which the Department must shelter animals at an
alternate location.
Contract cities are charged for the first five days of care for most animals impounded
within the city's jurisdiction (see Chart 1). If an animal leaves our care earlier for any
reason, cities will be charged based upon the actual number of days (1-4). If an animal
is redeemed, the redemption fees collected from owners will be credited to the city up to
the maximum number of days that would otherwise be billed. The County assumes liability
and disposition of these animals after five days with the exception of animals held as a
result of a seizure or criminal case, abandoned animals, observation animals
(quarantine), potentially dangerous or vicious dogs, and return to owner animals.
City of Rolling Hills
Page 3 of 10
(.3
Below are the kennel services maximum number of days billed and the description:
CHART 1
*Kennel Services Description
Maximum Number
of Days Silted
Kennel Services: Stray or relinquished animals.
5 days
Private Veterinarian: If the owner is unable to be located and
the injury or condition is life threatening and the scene of the
incident is not in the vicinity of a County animal care center, or
if the medical staff at the animal care center are not available,
the animal will be taken to the nearest private contract
veterinarian. Cities will be charged for the private contracted
veterinarian visit.
5 days
Observation Animals: Animal bite that causes any
penetration of the skin by teeth which requires a bite report be
taken and the animal quarantined. The animal will be placed in
quarantine/confinement and observed for ten (10) days
minimum from the date of the bite at the discretion of the
Department of Veterinary Public Health.
10 days
Return to Owner Animal: The owner or person entitled to the
custody of any animal impounded can redeem such animal by
paying impound and boarding fees accruing up to the time of
such redemption.
10 days
Abandoned Animals: Hold at least fifteen (15) calendar days,
determine whether the owner had an agreement with someone
to care for the animal in their absence, post a Form 58 (Notice
of Impoundment) at the premises for the owner if they retum, and mail a registered or certified letter to the last address.
15 days
Special Intake: Animals that are Confiscated, Court Case,
Police Request, Owner Arrested, Potentially Dangerous or
Vicious Dog.
Unlimited days
City of Rolling Hills
Page 4 of 10
Field Services:
The County will provide the services set forth below in accordance with the provisions of
the Los Angeles County Code, Title 10 - Animals, and all amendments, except as
otherwise agreed to by the parties in this Service Level Request.
I Standard Service Plan - Includes answering calls for service (24 hours per day,
daily); dispatching or assigning field staff; and performance of duties in the field
based on priority, location, and availability of staff.
Limited Standard Service Plan (please check all boxes that apply):
o Daily between the hours of (a.m./p.m.) and (a.m./p.m.)
o Weekend days and holidays
o Emergency Services (specific to natural or manmade disaster) - As needed
o Humane investigations and Prosecution - As needed
City's Animal Care and Control (Field Services) contact information:
Department Name:
Telephone:
Address:
No Field Services
Outreach and Enforcement Services:
County will enforce the fees set forth in Los Angeles County Code Section 10.90.010 et
seq. unless the City provides to the County an alternate fee schedule approved by the
City.
Animal License Field Enforcement
License Enforcement Services - Provides for dedicated staff to perform license
enforcement activities (issuing new licenses, license renewals, collecting delinquency
charges and other fees) in the field.
Authorized Animal License Enforcement Services
o County and City shall subsequently agree to the time and scope of this
service.
• Note: All license enforcement revenue collected will be contributed
toward offsetting the cost of services.
i)1 No Animal License Enforcement Services
City of Roiling Hills
. Page 5 of 10
9
Animal Facility Licensing
Animal Facility Licensing Services — SB 945 mandates inspection and investigation at all
applicable pet boarding facilities. The County Animal Facility Licensing program provides
for dedicated staff to perform animal facility inspection and licensing to any lot, building,
structure, enclosure, or premises for any animal related business or organization which
is required to be licensed. The animal facility licensing staff inspects animal related
facilities annually to ensure the health and safety of the public and animals. Businesses
are provided a letter grade based on the results of the inspection. Animal facility licenses
are generally valid for one year from the date of issue. The Department will inspect animal
facilities and any revenues collected will offset services. Annual inspections and
investigations of commercial pet boarding facilities are part of the animal facility licensing
program and investigations in response to complaints about boarding activities at private
residences will be handled by our animal care center -based field officers.
X Animal Facility Licensing (Licensing and Inspection/Grading Services)
No Animal Facility Licensing (City will conduct their own Animal Facility
Inspections)
City's Animal Facility Licensing contact information:
Department Name:
Telephone:
Address:
Clinic(s)
In addition to the vaccination and licensing services provided in all County animal care
centers, the city may request the following additional services in its jurisdiction by
checking the applicable box:
Request County to provide or arrange for vaccination clinic(s) in its
jurisdiction and County will provide personnel to license animals during the
vaccination clinic;
No Vaccination or Licensing Clinics Services
City of Rolling Hills
Page 6 of 10
Part Four: License Information (required if the Department manages City licensing)
Standard Licensing Services:
License renewal notices are mailed or transmitted to the animal owner of record, the
renewal and payment is received and processed annually on a fee -per -license basis.
Licenses will be required before an animal will be released to a resident of a City
participating in the Standard Licensing Services program. Fees from licenses collected
will be credited to the City monthly in arrears.
City has adopted the license fees outlined in Title 10 of the Los Angeles County
Code
Altered Dog $ 20.00 Altered Cat $ 5.00
Unaltered Dog $ 60.00 Unaltered Cat $ 10.00
Senior -owned* Altered Dog $ 7.50
*Senior age is defined as 80 years.
Military Veteran w/ Disability Altered Dog $ 7.50
Delinquency Charge $ Equal to Amount of License
Delinquency Charge applies after: 30 days
Field Enforcement Fee** $ 40.00
**Licensing initiated in the field by employees of the County of Los Angeles
Department of Animal Care and Control.
'_N City has adopted the following license fees:
Altered Dog
Unaltered Dog
$ 9.00
$ 18.00
Altered Cat
Unaltered Cat
$ 5.00
$ 10.00
Senior -owned* Altered Dog $ N/A
*Senior age is defined as 60 years.
Military Veteran w/ Disability Altered Dog $ N/A
Delinquency Charge $ 25.00
Delinquency Charge applies after 30 days
Field Enforcement Fee** $
**Licensing initiated in the field by employees of the County of Los Angeles
Department of Animal Care and Control.
Current license fees adopted by the City on dilly 23 ,
No Animal Licensing Services
City of Rolling Hills
Page 7 of 10
Spay/Neuter Trust Fund:
The City may elect to contribute $5.00 per altered and unaltered dog licenses to the
Spay/Neuter Trust Fund. The Spay/Neuter Trust Fund will allow the Department to offer
a low cost and/or free spay/neuter program for the City's residents who wish to have their
pets spayed or neutered. Once residents are qualified, Department staff will work with
animal care center veterinary clinics and mobile veterinary clinics to assist qualified
residents in obtaining spay/neuter services in an area near them. Indicate preference by
checking one of the following boxes:
Participate in the Spay/Neuter Trust Fund
x No participation in the Spay/Neuter Trust Fund
Part Five: Animal Regulations/Enforcement (required for ALL services provided by
the Department)
The City hereby agrees to the -enforcement of Los Angeles County Code Title 10 as
indicated below. The County will notify the City if it is agreed to enforce exception(s).
Check one of the following boxes regarding Title 10 Enforcement:
City agrees to the enforcement of Title 10 with no exceptions
x The County will provide services in accordance with the provisions of Title 10,
Animals of the Los Angeles County Code, and all amendments thereto, City agrees
to the enforcement of Title 10 with the following exception(s): (please mark all that
apply)
Mandatory spay and neutering of
o dogs
o cats
Mandatory Microchipping of
o dogs
o cats
E Animal license fee (Part 4: Standard Licensing Services)
• Numbers of dogs and cats allowed per household
O Cat License voluntary
O Facility Animal License
gi Excessive Animal Noise Complaints
City of Rolling Hills
Page 8 of 10
x Other (Please list below or on attachment)
The County will notify the City if exceptions are agreed upon and
enforceable.
City's Requested Exceptions To Title 10
; Approved
Not
Approved
LA County Code Section 10.37 regarding potentially dangerous and
vicious dogs (LA County would provide the initial investigation which
includes the following: talking to the victim, witness, and dog owner.
The County wit collect the information and submit it to the city managsr)
YES
The County will enforce the leg -hold trap provisions in the City's code
YES
City of Rolling Hills
Page 9 of 10
Record
Upon reasonable notice, the Department shall make available to authorized
representatives of the City of Rolling Hills, for examination, audit, excerpt, copy, or
transcription, any pertinent transaction, activity, or other record relating to this Agreement.
The City of Rolling Hills shall ensure such records are handled in a manner consistent
with all applicable privacy laws and all related to public records, including, but not limited
to the Public Records Act (Government Code § 6250 et. seq.).
Part Six: Contact Information
Primary Contact
Name:
Title:
Address:
Telephone:
E-mail:
Alternate Contact
Name:
Title:
Address:
Raymond R. Cruz
City Manager
2 Portuguese Bend Road
Rolling Hills, CA 90274
( 310) 377-1521
RCruz@cityofhh.net
Yvette Hall
Interim City Clerk
2 Portuguese Bend Road
Rolling Hills, CA 90274
Telephone: ( 310) 377-1521
E-mail:
City of Rolling Hills
Yhall@cityofrh.net
Page 10of10
:l�
Attachment B
Los Angeles County
Department of Animal Care and Control
Description of Services Provided
Field Services
Resources dedicated to providing quality animal care services in the field.
Activities involve field officers performing a variety of tasks utilizing appropriate
equipment. These tasks include:
• Immediate response to vicious/dangerous animals that pose a public
safety threat;
• Capture and impoundment of stray domestic animals;
• Impoundment of animals surrendered by their owners;
• Removal of dead land animals (limited to a maximum of 150 pounds) from
public and private property;
• Enforcement of all animal related ordinances and State laws including
leash laws, animal cruelty laws, dangerous/vicious dog enforcement, and
the keeping of wild or exotic animals;
• Investigate Potentially Dangerous and Vicious Dog cases; prepare
appropriate petitions; and conduct administrative hearings, consistent with
state and county laws;
• Rescue of ill, injured or abused animals;
• Enforcement of animal nuisance complaints such as barking dogs and
leash law violators;
• Assist local law enforcement with their cases when animals are involved,
such as the service of search warrants and impounding animals belonging
to persons taken into custody;
• Emergency response to fires, earthquakes, floods and other natural or
manmade disasters to rescue animals from harm;
• Maintain 24 hour dispatch and call center to receive calls for service and
dispatch them to officers for field response; and
Shelter Services
Represents services dedicated to providing a comfortable and safe environment
to shelter animals. Shelter services include:
• Providing food, water, shelter medical care for impounded animals;
• Holding stray animals and attempting to reunite them with their owners;
• Finding new adoptive homes for domestic animals;
• Working with wildlife rehabilitators to rescue sick and injured wildlife;
• Providing emergency sheltering to animals displaced by wildfires or other
disasters;
• Spay and neuter services for all dogs and cats pursuant to State law
• Performing surgeries to make animals more adoptable
• Euthanizing sick, injured, dangerous, feral or un-adopted animals;
• Quarantine and observation of animals for rabies;
• File annual reports to the State of California as required by law;
• Disposal of dead animals;
• Maintain website of lost and surrendered animals so owners may locate
their lost animals and potential adopters may find a new pet; and
• Maintain regular hours of operation for the public.
Licensing
Represents resources for providing the issuance and processing of licenses. This
function includes:
• Issuance of animal licenses to animals that have been vaccinated against
rabies;
• Processing license applications, payments, and information changes;
• Issuing license renewal notices;
• Assessing and collecting fees, penalties and other financial remittances;
and
• Maintenance of animal licensing database
Animal Licensing Field Enforcement
Represents services dedicated to providing field enforcement for animal license
compliance. This program includes:
• Neighborhood field enforcement of animal licensing and other State and
local laws and ordinances;
• Issuing citations to violators of animal licensing ordinances; and
• Collecting license revenue
Animal Facility Licensing
Represents the process to issue and enforce licenses provided to private
businesses involved in regulated activities related to animals. This program
includes:
• Annually inspect and license animal facilities such as pet shops, breeders,
animal menageries, grooming parlors and all other places where animals
are maintained for profit or business activities; and
• Issue grades to facilities, similar to the Los Angeles County Public Health
Department's Restaurant Grading System
Vaccination and Microchip Clinics
Represents resources to provide vaccines and microchips, including:
• Provide low cost vaccinations and microchips;
• Staff with medical personnel and necessary support staff;
• Assist jurisdictions in promoting community based clinics; and
• Provide regular clinics at each Los Angeles County Animal Shelter
THIS PAGE INTENTIONALLY LEFT BLANK
Attachment C
COUNTY OF LOS ANGELES
DEPARTMENT OF ANIMAL CARE AND CONTROL
SERVICE LEVELS SCHEDULE
▪ GlufotMoF • .
CITY OF ROLLING HILLS
COs7. or
LOS ANGELIS
ANIMAL CARE.
ANSI CONTROL
City/Service Description
Shelter Services
Kennel Housing - Dog & Cat
Kennel Housing - Other Animals
Special Care - Housing
Disposal of Dead Animals
Private Vet
Field Services
Calls For Service
Animal License Enforcement Services
1f
Animals
Other
Liability Insurance (4% of total Field and Animal Ucertse Enforcement Services)
License Processing Fee
,Revenue:
Fees Collected From Residents
License/Penally Fees
Total City Net Cost
2
Estimated Actual FY 2016-17
Rate Unit Type Units
• Cost
Estimated FY 2017-18
(Assuming same units of service)
" Rate Unit Type Units
$ 28.79 Days $ $ 32.79 Days $
$ 12.98 Days 2 $ 26 $ 13.49 Days 2 $ 27
$ 28.79 Days - $ $ 32.79 Days $
$ 14.69 Each 7 $ 103 $ 15.69 Each 7 $ 110
Varies Each $ Varies Each $
$ 129 $ 137
* Cost
$ 94.73 Hours 49 $ 4,642 $ 98.62 Hours 49 $ 4,832
$ 64.22 Hours $ - $ 69.03 Hours S -
$ 2.58 Each
4,642
$ 4,642 $ 186
92 $ 237
423
$ (120)
$ (1.088)
$ (1,208)
3,986
" Service Levels Schedule is an estimate only (based on the current fiscal year 9 months actual) and is for your reference. City Is liable for actual cost.
" FY 2017.18 Billing rale approved by Los Angeles County Auditor -Controller to be effective on July 1. 2017,
Prepared by CMD 6/14/17
$ 3.25 Each
4,832
$ 4,832 $ 193
92 $ 299
492
$ (120)
$ (1,088)
$ (1,208)
4,254
cry °Mrrn
flit% INCORPORATED JANUARY 24, 1957
TO:
FROM:
THROUGH:
SUBJECT:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ATTACHMENT:
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
Agenda Item No.: 5-A
Mtg. Date: 08-14-17
HONORABLE MAYOR AND MEMBERS OF THE CITY
COUNCIL
YOLANTA SCHWARTZ, PLANNING DIRECTOR
JULIA STEWART, ASSISTANT PLANNER pel
RAYMOND R. CRUZ, CITY MANAGER
RESOLUTION NO. 2017-10. A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING APPROVAL OF VARIANCES TO RETAIN
A CHICKEN COOP IN THE REAR YARD SETBACK, RETAIN
A SHED IN THE SIDE SETBACK, RETAIN AN AS -BUILT
FIRE PIT, TO EXCEED THE PREVIOUSLY APPROVED LOT
DISTURBANCE, CONSTRUCT A NEW SWIMMING POOL
AND SPA AND TO CONSTRUCT VARIOUS OUTDOOR
AMENITIES, IN ZONING CASE NO. 921, AT 26 EASTFIELD
DRIVE (LOT 86-A-EF) ROLLING HILLS, CA, (CLINTON).
KYLE AND JENNIFER CLINTON
ART ALANIZ/STEPHANIE OBERC, THE SEED GROUP
JUNE 9, 2017
Resolution
REQUEST AND PLANNING COMMISSION ACTION
Recommendation
It is recommended that the City Council receive and file this report or provide other
direction to staff.
Request
The applicant is requesting a series of Variances to permit backyard amenities which
includes construction of a new 474 square foot swimming pool/spa, 493 square foot pool
deck, 30 square foot pool equipment area, 29 square foot barbeque and 83 square foot
:7
Printed on Recycled Paper
residential patio, legalize an existing 72 square foot chicken coop, 144 square foot metal
shed and approximately 20 square foot fire pit, construct new planters and stairs with
adequate set aside for a future stable and corral.
All elements of new construction submitted by the applicant are located within the rear
yard setback. Thus, a variance is needed to allow for all of these proposed project features.
The proposed chicken coop is an existing structure that has never been legalized. It is
located within setbacks and distances that require a variance. The metal shed was
approved by the Rolling Hills Community Association in 2014 but was never reviewed by
the City. The proposed improvements on the subject property will increase the amount of
disturbed area from 63.4% to 71.52% (it is noteworthy that the existing disturbance already
exceeded allowable limits), was initially going to exceed the total allowed lot coverage
with 39.38% but has now reduced lot coverage to 33.44% (35% maximum), and will exceed
the maximum residential building pad coverage with 52.04% with allowable deductions
(30% guideline maximum).
Planning Commission Review
The Planning Commission first viewed the project in the field, opened the hearing to
enable brief public testimony and continued the meeting to the evening meeting of the
Planning Commission on March 21, 2017. Due to concerns regarding the placement and
orientation of the pool equipment area, the Planning Commission directed staff to prepare
a resolution including conditions to address these points. At its regular evening meeting
held on April 18, 2017, the Planning Commission approved the resolution for the project.
BACKGROUND
Zoning and Land Size
The property is zoned RAS-1 and the lot area excluding the roadway easement is 0.83
acres. For development purposes the net lot area of the lot is 28,650 square feet or 0.66
acres. The property size is an existing non -conforming condition as it is less than one acre
in size even when considering the gross square footage of the site. The smaller lot size is a
likely contributor to the improvements located in setbacks and overall disturbance for the
proposed project.
Past Property Approval
The subject property is currently improved with a 3,146 square foot residence and 504
square foot garage with a rear patio. An addition of 422 square feet has already been
approved and will be added to the existing garage for a total of 926 square feet of garage
space. There is also an existing metal shed on the property which was previously
permitted by the Rolling Hills Community Association.
Animal Keeping
The applicant is seeking to legalize an existing non -permitted 72 square foot chicken coop
located within 100 feet from the neighboring residence and inside the 25 foot rear and side
setbacks. Municipal Code Section 6.32.020 Fowls and rabbits - Limitations states "...no
person shall keep, chickens...within twenty-five feet of any property line or within one
hundred feet of any dwelling house or structure used as a dwelling house, other than a
dwelling house or structure occupied by said person." The coop is approximately 52 feet
from the nearest residence, less than 10 feet from the rear property line, and just within 25
feet of the side property line. Thus, variances are required in order to permit the existing
chicken coop in its current location.
MUNICIPAL CODE COMPLIANCE
Grading
The total combined grading for this project will consist of 1,284 cubic yards of overall cut
and fill. Construction activities will include grading of 172 cubic yards of cut, 132 cubic
yards of fill, and 980 cubic yards for future stable and corral purposes. An export of dirt
for the pool excavation may not exceed 40 cubic yards.
Disturbance
20,490 square feet of the lot is proposed to be disturbed or 71.52%. Currently the existing
disturbed area is 18,160 square feet or 63.4%. The existing disturbed area of the lot already
exceeds the maximum allowable 40%. The lot is undersized which contributes, in part, to
the exceedance of maximum lot disturbance. The applicant is seeking a variance for lot
disturbance.
Lot Coverage
The property is a substandard sized lot and the size is considered an existing
nonconforming condition. This means that the RAS-1 zone requires a minimum of 1 gross
acre of land and the 0.66 acres of developable land on the subject property falls extremely
short of this zoning standard. This has impacted some of the coverages associated with the
lot. The applicant made changes to the originally proposed project to help address the
existing nonconforming condition. For example, large portions of the existing -
imperviously paved driveway are being replaced with pervious paving thereby reducing
the amount of flatwork on the site and reducing the overall lot coverage to levels
acceptable under the code.
The existing total lot coverage (structural and flatwork) on the property is 9,329 or 32.56%.
The total lot coverage now proposed is 9,581 square feet overall or 33.44% (with
deductions) (35% max. permitted). The structural coverage of the lot is 5,522 square feet or
19.27% (20% max. permitted). The applicant was originally seeking a variance to the
structural and overall lot coverages but now no longer needs a variance for coverage
because of these revisions.
Stable and Corral Set Aside
The applicant proposes a 450 square foot stable and 550 square foot corral set aside area.
Stable access would be located along the bridal trail on the southerly side of the property.
The identified location satisfies all the requirements for stable and corral set asides and
establishes the appropriate distance to the residence for horse keeping purposes.
Additionally, the structural and lot coverage for the stable is included in the currently
proposed project calculations.
Utility Lines
If electrical service is provided to the entertainment areas, it will be a requirement that
utility lines be placed underground.
Rolling Hills Community Association Review
Rolling Hills Community Association will review this project at a later date.
Planning Commission Responsibilities
When reviewing a development application, the Planning Commission must consider
whether the proposed project meets the criteria for a Site Plan Review and Variance, as
attached below.
Environmental Review
The project has been determined to be categorically exempt pursuant to the California
Environmental Quality Act (CEQA) under Class 3, Section 15303.
CRITERIA FOR VARIANCES
17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal)
must make the following findings:
A. That there are exceptional or extraordinary circumstances or conditions applicable to
the property that do not apply generally to other properties in the same vicinity and zone;
B. That such variance is necessary for the preservation and enjoyment of substantial
property rights possessed by other properties in the same vicinity and zone but which is
denied the property in question;
C. That the granting of such variance will not be materially detrimental to the public
welfare or injurious to properties or improvements in the vicinity;
D. That in granting the variance, the spirit and intent of this title will be observed;
E. That the variance does not grant special privilege to the applicant;
F. That the variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities; and
G. That the variance request is consistent with the general plan of the City of Rolling Hills.
SOURCE: City of Rolling Hills Zoning Ordinance
RESOLUTION NO. 2017-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO RETAIN A
CHICKEN COOP IN THE REAR YARD SETBACK, RETAIN A SHED IN THE
SIDE SETBACK, RETAIN AN AS -BUILT FIRE PIT, TO EXCEED THE
PREVIOUSLY APPROVED LOT DISTURBANCE, CONSTRUCT A NEW
SWIMMING POOL AND SPA AND TO CONSTRUCT VARIOUS OUTDOOR
AMENITIES, IN ZONING CASE NO. 921, AT 26 EASTFIELD DRIVE (LOT 86-
A-EF) ROLLING HILLS, CA, (CLINTON).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by property owners Kyle and
Jennifer Clinton with respect to real property located at 26 Eastfield Drive (Lot 86-A-EF)
Rolling Hills, CA requesting Variances. The Variances requested seek permission to: 1)
construct a 474 square foot infinity pool and spa partially located in the rear yard
setback 2) legalize a 72 -square foot as -built chicken coop located in the rear yard
setback, 3) legalize a 144 square foot as -built shed in the side yard setback, 4) legalize an
as -built fire pit in the rear yard setback, and 5) construct an 39 square foot patio and 29
square foot barbeque in the rear yard setback, 6) receive a variance for keeping chickens
within 100 feet from the neighboring residence and within 25 feet of the rear property
line, and 7) increase the amount of disturbed area of the lot from 63.4% to 71.52% (40%
maximum allowed) due to grading for the proposed pool and outdoor amenities. All
grading for the project is for the construction of and access to the pool.
Section 2. The Planning Commission conducted duly noticed public hearings
on June 20, 2017, including a field trip, and July 18, 2017, to consider the application.
The applicants and neighbors within 1,000 -foot radius of subject property were notified
of the public hearing in writing by first class mail. Evidence was heard and presented
from all persons interested in affecting said proposal and from members of the City
staff, and the Planning Commission reviewed, analyzed and studied said proposal. At
its June 20th public hearing meeting, the Planning Commission expressed concern with
the pool equipment enclosure. It was pointed out that the pool equipment area will be
fully enclosed with standard height walls and noise attenuation equipment required to
control the noise.
Section 3. The property is developed with a 3,146 square foot residence, 504
square foot garage with existing permits for up to a 926 square foot garage, rear patio
space, and a circular driveway with two driveway aprons.
Resolution No. 2017-10
26 Eastfield Drive
Section 4. The Planning Commission finds that the project is categorically
exempt from environmental review under the California Environmental Quality Act
(CEQA) as a "Class 3" project in that it is new construction of limited sized structures,
in accordance with the CEQA Guidelines, Class 3, Section 15303.
Section 5. Variances. Sections 17.38.010 through 17.38.050 of the Code
permit approval of a variance in order to grant relief from the standards and
requirements of the Zoning Ordinance when, due to exceptional or extraordinary
circumstances applicable to the subject property and not to other similar properties in
the same zone, strict application of the Code would deny the property owner
substantial property rights enjoyed by other properties in the same vicinity and zone.
With respect to the variances requested (as delineated in Section 1), the Planning
Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the subject property that do not apply generally to other property or class
of use in the same zone in that, principally, the fact that the property is a substandard
sized lot and the size is considered an existing nonconforming condition. This means
that the RAS-1 zone requires a minimum of 1 net lot acre of land and the 0.66 acres of
developable land on the subject property falls extremely short of this zoning standard.
This has impacted some of the coverages associated with the lot. The applicant made
changes to the originally proposed project to help address the existing nonconforming
condition.
B. The requested Variances for structures located in setbacks and disturbance
are necessary for the preservation and enjoyment of a substantial property right
possessed by other property in the same vicinity and zone, but which is denied to the
property in question in that swimming pools and associated equipment and chicken
coops and storage sheds are amenities common to, and characteristic of the large estate
sized properties that permit animal keeping and private recreational uses
complimentary to the single family RA -S-1 Residential zone.
C. The swimming pool/spa and outdoor amenities requested by the
property owners will not be injurious to neighbors. The chicken coop is an as -built
structure and has been in use for over one year. The neighbors have been aware of the
presence of the coop and have never communicated any problems with its location in
proximity to their residence. The pool equipment enclosure will be fully enclosed to
mitigate any possible noise. With the exception of the as -built shed, which matches the
design of the residence, none of the proposed amenities will be visible from the street.
There is also landscaping between neighboring properties to help screen backyard
elements and attenuate noise.
D. The variances that allow for the project do not violate the spirit and intent
of development in the area. All of the requested amenities are compatible with
Resolution No. 2017-10
26 Eastfield Drive
residential and agricultural uses; storage, animal keeping, and recreational activities
appropriate for residential uses.
E. The proposed accessory uses are consistent with the portions of the Los
Angeles County Hazardous Waste Management Plan relating to siting criteria for
hazardous waste facilities in that the project site is not listed on the current State of
California Hazardous Waste and Substances Sites List.
F. The variances do not grant special privileges to the applicant. To the
contrary, absent a variance, the property owner would be deprived of the same rights
and privileges afforded to other property owners in the vicinity, especially due to the
unusually small size of the property. This unique physical constraint makes it
infeasible for the property owner to comply with Sections 17.16.070.B (disturbance
limit) and 17.17.030 (development standards).
Section 6. Based upon the foregoing findings, the Planning Commission hereby
approves Zoning Case No. 921, request for Variances for construction of a 474 square
foot infinity pool and spa, partially located in the rear yard setback, legalizing a 72 -
square foot as -built chicken coop located in the rear yard setback, legalizing a 144
square foot as -built shed in the side yard setback, legalizing an as -built fire pit in the
rear yard setback, and construction of an 39 square foot patio and 29 square foot
barbeque in the rear yard setback, along with allowance for keeping chickens within 100
feet from the neighboring residence and within 25 feet of the rear property line, and
allowance to increase the amount of disturbed area of the lot from 63.4% to 71.52% (40%
maximum allowed) due to grading for the proposed pool and outdoor amenities.,
subject to the following conditions:
A. The Variance approvals shall expire within two years from the effective
date of approval as defined in Sections 17.38.070, unless otherwise extended pursuant to
the requirements of these sections.
B. If any condition of this resolution is violated, the entitlement granted by
this resolution shall be suspended and the privileges granted hereunder shall lapse and
upon receipt of written notice from the City, all construction work being performed on
the subject property shall immediately cease, other than work determined by the City
Manager or his/her designee required to cure the violation. The suspension and stop
work order will be lifted once the Applicant cures the violation to the satisfaction of the
City Manager or his/her designee. In the event that the Applicant disputes the City
Manager or his/her designee's determination that a violation exists or disputes how the
violation must be cured, the Applicant may request a hearing before the City
Council. The hearing shall be scheduled at the next regular meeting of the City Council
for which the agenda has not yet been posted, the Applicant shall be provided written
notice of the hearing. The stop work order shall remain in effect during the pendency
of the hearing. The City Council shall make a determination as to whether a violation
Resolution No. 2017-10 3 `D
26 Eastfield Drive
of this Resolution has occurred. If the Council determines that a violation has not
occurred or has been cured by the time of the hearing, the Council will lift the
suspension and the stop work order. If the Council determines that a violation has
occurred and has not yet been cured, the Council shall provide the Applicant with a
deadline to cure the violation; no construction work shall be performed on the property
until and unless the violation is cured by the deadline, other than work designated by
the Council to accomplish the cure. If the violation is not cured by the deadline, the
Council may either extend the deadline at the Applicant's request or schedule a hearing
for the revocation of the entitlements granted by this Resolution pursuant to Chapter
17.58 of the Rolling Hills Municipal Code (RHMC).
C. All requirements of the Building and Construction Ordinance, the Zoning
Ordinance, LA County Building Code and of the zone in which the subject property is
located must be complied with unless otherwise set forth in the Permit, or shown
otherwise on an approved plan.
D. The conditions of approval specified herein shall be printed on the
construction plans submitted to the building department for plan check and permitting
and shall be available at all time at the construction site.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated June 14, 2017, except as otherwise provided in these
conditions. The working drawings submitted to the Department of Building and Safety
for plan check review shall conform to the approved development plan. All conditions
of the Variance approvals shall be incorporated into the building permit working
drawings and where applicable complied with prior to issuance of a building permit.
F. Prior to submittal of final working drawings to the Building and Safety
Department for issuance of building permits, the plans for the project shall be
submitted to City staff for verification that the final plans are in compliance with the
plans approved by the Planning Commission.
Building permits may be required for the shed and any other outdoor "as
built" structure, if required by Building and Safety.
G. A licensed professional preparing construction plans for this project for
Building Department review shall execute a Certificate affirming that the plans conform
in all respects to this Resolution approving this project and all of the conditions set forth
therein and the City's Building Code and Zoning Ordinance. Further, the person
obtaining a building permit for this project shall execute a Certificate of Construction
stating that the project will be constructed according to this Resolution and any plans
approved therewith.
Resolution No. 2017-10 4
26 Eastfield Drive
H. Structural lot coverage of the lot shall not exceed 5,522 square feet or
19.27% of the net lot area with allowable deductions, in conformance with lot coverage
limitations (20% maximum). The size of the structures shall be measured from the
exterior surface of the outside walls.
I. The total lot coverage proposed, including structures and flatwork, shall
not exceed 9,581 square feet or 33.44% (with deductions), of the net lot area, in
conformance with lot coverage limitations (35% max).
J. Grading for this project shall not exceed 1,284 cubic yards total which
includes 172 cubic yards of cut, 132 cubic yards of fill and 980 cubic yards of grading for
the future stable and corral. An export of dirt for the pool excavation may not exceed 40
cubic yards. The disturbance of the lot shall not exceed 71.52%, including the future
stable and corral area.
K. A drainage plan, if required by the Building Department shall be prepared
and approved by City Staff prior to issuance of a construction permit. Such plan shall be
subject to County Code requirements.
L. The proposed pool equipment enclosure shall be fully enclosed (with the
exception of the roof) along with the service yard, but not be located in the RHCA
easement, unless permitted by the RHCA.
M. Per LA County Building Code requirements, a pool barrier/fence shall be
required.
N. With the exception of those areas already permitted by the RHCA under
the existing license agreement, perimeter easements and trails, if any, including
roadway easements shall remain free and clear of any improvements including, but not
be limited to, driveways, fences including construction fences, landscaping, irrigation
and drainage devices, except as otherwise approved by the Rolling Hills Community
Association.
0. 65% of any construction materials must be recycled or diverted from
landfills. The hauler of the materials shall obtain City's Construction and Demolition
permit prior to start of work.
P. During construction, the property owners shall be required to schedule and
regulate construction and related traffic noise throughout the day between the hours of
7 AM and 6 PM, Monday through Saturday only, when construction and mechanical
equipment noise is permitted, so as not to interfere with the quiet residential
environment of the City of Rolling Hills.
Resolution No. 2017-10 5
26 Eastfield Drive
Q. During construction, all parking shall take place on the project site and, if
necessary, any overflow parking shall take place within nearby unimproved roadway
easement adjacent to subject site. There shall be no blocking of adjacent driveways or of
the roadway easement for passage of pedestrians and equestrians. During construction a
flagmen shall be present to direct traffic when it is anticipated that a lane may be
impeded. During construction, to the maximum extent feasible, employees of the
contractor shall be encouraged to car-pool to and from the City.
R. The property owner shall at all times maintain the pool equipment within
the proposed enclosure such that it does not create any undue noise disturbances or
visual impacts to neighbors. Sound attenuating equipment shall be installed to dampen
the sound. The pool equipment shall utilize the most quiet and technologically
advanced equipment to dampen the sound.
S. The property owners shall be required to conform with the Regional
Water Quality Control Board and County Public Works Department Best Management
Practices (BMP's) requirements related to solid waste, drainage and storm water
drainage facilities management.
T. Any proposed modifications of the project after approval of the
application will be subject to Section 17.38.065 of the Rolling Hills Municipal Code.
U. The applicant shall execute an Affidavit of Acceptance of all conditions of
this permit pursuant to Zoning Ordinance, or the approval shall not be effective.
V. The existing driveway is proposed to be removed and replaced with a
pervious surface as illustrated in the plans submitted on June 14, 2017. The project
cannot be finaled without this change made to the existing driveway because lot
coverages will be over the allowable limit under the zone without the modified surface.
PASSED, APPROVED AND ADOPTED THIS'1 th D oE J U LY 2017.
13RAD CHELF, C
ATTEST:'
HEIDI LUCE, CITY CLERK
-AIkirVAN
Any action challenging the final decision of the City made as a result of
the public hearing on this application must be filed within the time limits set
forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil
Procedure Section 1094.6.
Resolution No. 2017-10
26 Eastfield Drive
6 �O
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2017-10 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO RETAIN A
CHICKEN COOP IN THE REAR YARD SETBACK, RETAIN A SHED IN THE
SIDE SETBACK, RETAIN AN AS -BUILT FIRE PIT, TO EXCEED THE
PREVIOUSLY APPROVED LOT DISTURBANCE, CONSTRUCT A NEW
SWIMMING POOL AND SPA AND TO CONSTRUCT VARIOUS OUTDOOR
AMENITIES, IN ZONING CASE NO. 921, AT 26 EASTFIELD DRIVE (LOT 86-
A-EF) ROLLING HILLS, CA, (CLINTON).
was approved and adopted at a regular meeting of the Planning Commission on
July 18, 2017 by the following roll call vote:
AYES: Commissioners Cardenas, Cooley, Seaburn and Chairman Chelf.
NOES: None.
ABSENT: Commissioner Kirkpatrick.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
HEIDI LUCE
CITY CLERK
Resolution No. 2017-10 7
26 Eastfield Drive CD
al Re fle stio qeek
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.: 5-B
Mtg. Date: 08-14-17
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
THROUGH: RAYMOND R. CRUZ, CITY MANAGER (`l
SUBJECT: RESOLUTION NO. 2017-11. A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE
PLAN REVIEW FOR GRADING TO REPAIR A FAILED SLOPE, A
VARIANCE TO EXCEED THE MAXIMUM PERMI11ED
DISTURBANCE OF THE LOT AND A STABLE USE PERMIT TO
ALLOW RECREATION USE IN A STRUCTURE CONSTRUCTED AS A
STABLE IN ZONING CASE NO. 908, AT 2950 PALOS VERDES DRIVE
NORTH, (LOT 1-D-1RH) (ROTTER).
ATTACHMENT:
Resolution
RECOMMENDATION, REQUEST AND PLANNING COMMISION ACTION
1. It is recommended that the City Council receive and file this report or provide
other direction to staff.
2. The applicants, Mr. and Mrs. Hans Rotter have submitted applications for a Site
Plan Review, Variance, and Stable Use Permit to allow improvements to their property
located at 2950 Palos Verdes Drive North. A Site Plan Review is required to allow
grading of 642 cubic yards total over a 6,295 square foot surface area to remediate a slope
failure contiguous and partially underlying the home and to construct a new 2,040
square foot basement area during the remedial work. A Variance is required because the
proposed grading will exceed the amount of disturbed area permitted on the property.
A Stable Use Permit is included with this application to allow a structure constructed as
a stable in 1980 to continue to be used as a recreation room and to require building
permits for the upgrade of the structure.
3. The Planning Commission adopted Resolution No. 2017-11 approving the project
by all present with Commissioner Kirkpatrick absent and excused. They found that the
project is consistent with the City's General Plan and the repair, (which causes the
exceedance of disturbance), is necessary for the safety of the lot and the residents. The
basement addition is a common construction in the City, especially when the adjoining
slopes can easily accommodate such construction and where caissons would be required
to shore up the structure. The Stable Use Permit is an allowed use if it meets the
requirement for such conversion.
BACKGROUND
4. Subject property is located in the RA -S-1 Zone and has 40,528 square feet of net lot
area. The lot is developed with a single family residence and accessory structures and is
occupied.
5. The applicants request a Site Plan Review to permit grading of a 6,295 square foot
area contiguous to the existing home that has been subjected to slope failure and
construct a new basement. The interior of the house will be modified to provide access
from the house to the basement by adding 60 square feet for interior stairway. A total of
642 cubic yards of dirt (cut and fill) will be graded and balanced on site. The excavated
material from the area of the proposed basement will be used to repair and stabilize the
slope and backfill the basement area. Along the exterior of the new basement area, a 4'
wide walkway will be constructed. The exposed height of the basement wall on the
exterior will be 5 -feet maximum. The slope area being repaired, after remediation, will
be restored to its pre -failure condition, with a maximum 2:1 slope.
6. The applicants conducted geological and soils explorations for the property. This
information will be submitted to the County geology and soils division and building and
safety department following Planning Commission/City Council approval. The City's
approval, if the project is approved, will be subject to meeting all of the LA County code
requirements for slope repair and soils and geology conditions. No other property is
affected by the slope failure.
7. The total disturbed area, including the existing house and all of the existing
impervious areas, will be 18,025 square feet or 44.5% of the net lot area, which requires a
Variance. Pursuant to the City's regulations, remedial grading is considered disturbance
and is included in the maximum disturbance calculations.
8. As part of the approval it is required that disturbed area be re -vegetated with
native drought tolerant plants and shrubs and that landscaping plan be submitted to the
City prior to grading. It is also a condition that during construction any stocked piled
dirt be covered when not used, that the dirt be watered for dust control, that erosion
ZC NO. 908
control measures be implemented and all other storm water best management practices
adhered to, per the building code.
9. The property is developed with a 3,609 square foot residence, a 652 square foot
garage, a 530 square foot guest house, a 625 square foot stable that is being used as a
recreation room, 180 square foot breezeway, and a 96 square foot service yard. The
guest house was approved in 1978 as a "cabana/rumpus room" and a set aside area was
designated for a future stable and corral in the general area of the recreation room. At
that time no distinction was made between a guest house and recreation room. In 1980 a
stable was approved and sometime after that time it was converted into a recreation
room. Building permits from County of LA and RHCA were found for the stable and the
guest house. The applicant is requesting a Stable Use Permit to retain the use of the
previously approved stable as a "tack room" for passive recreation uses. The applicant
will be required to provide photographic evidence that shows that it can be converted
into a stable. Pursuant to Section 17.18.140(H) legally constructed one-story stable not
currently used as a stable may be used for passive recreation activities provided that the
following conditions are met:
H. Property owners of stables that do not conform to the provisions of this chapter due
to the size of the agricultural and the tack room space, plate height of the loft, size of
corral and access, or other requirements of this chapter, and that were constructed or
modified prior to September 7, 2011 and/or were used for a purpose other than
animal -keeping prior to September 7, 2011, may apply for a "stable use permit"
granting such structures the legal right to exist under this code that runs with the
land, with not having to provide additional area for a set aside for a future stable
and corral, if the following requirements are met:
1. The structure is not larger than eight hundred square feet.
2. The structure has one story only.
3. The owner pays a fee set by a resolution of the City Council that reimburses the
City for the reasonable costs of this permit.
4. Owner consents to an inspection including photographic records of the current
structure of the current use.
5. Owner must apply for and obtain building permits for any and all portions of
the structure that were modified without building permits.
6. The structure shall not be located in a setback or front yard, except if in the
permitted rear setback.
7. The structure shall not be used for sleeping.
8. The structure shall have a stable -like appearance from the exterior.
9. The structure shall not be modified further unless it is to accommodate animals
or to repair, remodel re -roof or generally maintain such structure within the
existing footprint.
ZC NO. 908
10. The structure shall only be used for passive recreation or animal keeping
activities.
11. There is an area adjacent to the structure usable for a corral.
The City Manager shall be authorized to approve, conditionally approve or deny the
stable use permit on the basis of whether the requirements of this subsection (H) are met,
providing the applicant submitted signed statements from at least one owner of each
adjacent property and shall state that the owner is in support of the use. If such
statement is not submitted from at least one owner of each adjoining property then a
hearing shall be scheduled before the Planning Commission. Written notice shall be sent
by regular mail to all adjacent property owners a minimum of ten days prior to said
hearing. After such a hearing is held, the Planning Commission shall be authorized to
approve, conditionally approve or deny a stable use permit on the basis of whether the
requirements of this subsection are met.
10. Notices were mailed to the adjacent property owners regarding the Stable Use
Permit request and for the public hearing. To date we have not received any inquiry
regarding this project. Per the code, if no objections are received, the applicant will be
required to work with staff to comply with the provisions of Section 17.18.140H.
11. The structural coverage on the lot will be 5,752 square feet or 14.2% and the total
coverage (structures and hardscape) will be 10,252 square feet or 25.3%, both in
compliance with the code. The residential building pad coverage will be 5,127sq. ft. or
29.8%, with the 60 square foot addition. The tack room structure is located on a 3,080
square foot building pad and has coverage of 20.3%.
12. Rolling Hills Community Association will review this project at a later date.
13. When reviewing a development application the Planning Commission consider
whether the proposed project meets the criteria for a Site Plan Review and Variances,
enclosed below.
14. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
ZC NO. 908
SITE PLAN REVIEW
EXISTING
PROPOSED
RA -S- 1 ZONE SETBACKS
SINGLE FAMILY RESIDENCE
AND ACCESSORY
STRUCTURES
NEW BASEMENT, 60 SF
ADDITION, SLOPE REPAIR
STABLE USE PERMIT
Front: 50 ft. from front easement line
Side: 20 ft. from property line
Rear: 20 ft. from rear easement line
STRUCTURES
Residence
Basement
Garage attached
Guesthouse
Recreation Room
Att. Cov Porches
Service yard
3609 sq.ft.
0 sq.ft
652 sq.ft
530 sq.ft
625 sq.ft
180 sq.ft
96 sq.ft
Residence
*Basement
Garage attached
Guesthouse
Stable
Att. Cov Porches
Service yard
Basement
3669 sq.ft.
2040 sq.ft.
652 sq.ft.
530 sq.ft.
625 sq. ft.
180 sq.ft.
96 sq.ft
2040 sq.ft.
(Site Plan Review required if size of
structure increases by at least 1,000
sq.ft. and has the effect of increasing
the size of the structure by more than
25% in a 36 -month period).
TOTAL
5692 sq.ft.
TOTAL
5,752 sq.ft
STRUCTURAL LOT COVERAGE
14%
5,752 sf w/allowances 14.2% of
40,528 sq.ft. net lot area
(20% maximum)
TOTAL LOT COVERAGE
22.7%
10,252 sf w/allowances or 25.3%
of 40,528 sq.ft. net lot area
(35% maximum)
BUILDING PADS (30% guideline)
29.0%
20.3%
29.3% of 16,860 sq.ft. pad
20.3% of 3,080 sq.ft pad
Residential
Recreation Room
GRADING
N/A
642 cy cut and fill, = balanced on
site.
Site Plan Review required if
excavation and/or fill or combination
thereof that is more than 3 feet in
depth and covers more than 2,000
sq.ft.) must be balanced on site.
DISTURBED AREA
28.94%
44.5% (18,025 sq. ft.)
(40% maximum; any graded building
pad area, any remedial grading
(temporary disturbance), any graded
slopes and building pad areas, and
any nongraded area where
impervious surfaces exist.)
STABLE (min. 450 SQ.FT.
625 sq. ft. (stable/recreation
room)
550 sq. ft. corral -future
625 sq. ft. (stable/recreation
room)
550 sq. ft. corral -future
& 550 SQ.FT. CORRAL)
STABLE ACCESS
N/A
Proposed from driveway
ROADWAY ACCESS
N/A
Proposed from driveway
VIEWS
N/A
Planning Commission condition
PLANTS AND ANIMALS
N/A •
Planning Commission condition
* Basements are not included in the calculations for structural coverage
ZC NO. 908
SITE PLAN REVIEW CRITERIA
11.46.010 Purpose.
The site plan review process is established to provide discretionary review of certain
development projects in the City for the purposes of ensuring that the proposed project is
consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive
grading practices; preserves existing mature vegetation; is compatible and consistent with the
scale, massing and development pattern in the immediate project vicinity; and otherwise
preserves and protects the health, safety and welfare of the citizens of Rolling Hills.
11.46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan reviewapproval shall be approved by the
Commission, or by the City Council on appeal, unless the following findings can be made:
1. The project complies with and is consistent with the goals and
policies of the general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and undeveloped
state of the lot by minimizing building coverage. Lot coverage requirements are regarded as
maximums, and the actual amount of lot coverage permitted depends upon the existing
buildable area of the lot;
3. The project is harmonious in scale and mass with the site, the
natural terrain and surrounding residences;
4. The project preserves and integrates into the site design, to the
greatest extent possible, existing topographic features of the site, including surrounding native
vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls);
5. Grading has been designed to follow natural contours of the site
and to minimize the amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor redirect
drainage flow, unless such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and mature
trees and supplements these elements with drought -tolerant landscaping which is compatible
with and enhances the rural character of the community, and landscaping provides a buffer or
transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and
safe movement of pedestrians and vehicles; and
9. The project conforms to the requirements of the California
Environmental Quality Act.
CRITERIA FOR VARIANCES
17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal)
must make the following findings:
ZC NO. 908
O
A. That there are exceptional or extraordinary circumstances or conditions applicable to
the property that do not apply generally to other properties in the same vicinity and zone;
B. That such variance is necessary for the preservation and enjoyment of substantial
property rights possessed by other properties in the same vicinity and zone but which is denied
the property in question;
C. That the granting of such variance will not be materially detrimental to the public
welfare or injurious to properties or improvements in the vicinity;
D. That in granting the variance, the spirit and intent of this title will be observed;
E. That the variance does not grant special privilege to the applicant;
F. That the variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste
facilities; and
G. That the variance request is consistent with the general plan of the City of Rolling
Hills.
SOURCE: City of Rolling Hills Zoning Ordinance
ZC NO. 908
THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 2017-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR GRADING
TO REPAIR A FAILED SLOPE, A VARIANCE TO EXCEED THE
MAXIMUM PERMITTED DISTURBANCE OF THE LOT AND A STABLE
USE PERMIT TO ALLOW RECREATION USE IN A STRUCTURE
CONSTRUCI'ED AS A STABLE IN ZONING CASE NO. 908, AT 2950
PALOS VERDES DRIVE NORTH, (LOT 1-D-1RH) (ROTTER).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Hans and Theresa
Rotter with respect to real property located at 2950 Palos Verdes Drive North, Rolling
Hills, requesting a Site Plan Review approval for grading of 642 cubic yards dirt (cut
and fill) over a 6,295 square foot surface area to repair a failed slope and to excavate and
finish a 2,040 square foot basement under the existing residence.
Also requested is a Stable Use Permit to allow a structure originally permitted as a
stable to be used for recreational purposes, pursuant to Section 17.18.140(H) of the
Rolling Hills Municipal Code.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on July 18, 2017 in the field and at an evening meeting on
July 18, 2017, at which the Resolution of Approval was reviewed by the Plarming
Commission, and following discussion was adopted. Evidence was heard and
presented from all persons interested in affecting said proposal, and from members of
the City staff and the Plarming Commission having reviewed, analyzed and studied
said proposal. The applicant's representative was in attendance at the hearings. No one
from the public came forward to address this project.
Section 3. The Planning Commission finds that the project qualifies as an
exemption, and is therefore categorically exempt from environmental review under the
California Environmental Quality Act.
Section 4. Subject property is located in the RA -S-1 Zone and has a permitted
structure that was built as a stable, but it has been used as a recreation room for many
years. The applicants are requesting to retain said use, and have therefore applied for a
Stable Use Permit, (Section 17.18.140(H) of the Rolling Hills Municipal Code).
Section 5. Section 17.46.020(A)(1) requires a Site Plan Review for grading
projects requiring a grading permit. With respect to the Site Plan Review application,
the Planning Commission makes the following findings of fact:
ZC 908, 2950 PV DR. N.
A. The proposed activity, as conditioned, is compatible with the General Plan
and the Zoning Ordinance. The Land Use Element of the General Plan establishes the
maintenance of strict grading practices to preserve the community's natural terrain. The
Building Code and the Zoning Ordinance require a balanced cut and fill ratio and do
not permit import or export of soil, except under special circumstances applicable to a
property and with a discretionary permission by the Planning Commission. It is
projected that all of the dirt will be used on site.
B. The proposed activity preserves and integrates into the site design, to the
maximum extent feasible, existing natural topographic features of the lot including
surrounding native vegetation, mature trees, drainage courses, and land forms (such as
hillsides and knolls). Although grading of the existing slope is necessary to correct slope
failure and for the installation of drainage devices, only 0.15 acres or 6,295 square feet
over the net parcel area will be affected by the grading, and is necessary to repair a
failed slope. The excavation for the basement does not require a discretionary review.
C. The development plan follows natural contours of the site to minimize
grading. The natural drainage courses will be preserved and continue drainage to the
canyon at the northeastern side of this lot. As a result of this activity drainage on site
will be corrected, thus, preventing erosion of the slopes and the drainage will be
directed to the canyon.
D. The development plan will, based upon compliance with the conditions
contained in this Resolution, supplement the existing vegetation with landscaping that
is compatible with and enhances the rural character of the community. Upon
completion of the project the graded slope will be re -vegetated with native vegetation.
E. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because no new
structures are proposed.
F. The proposed project is harmonious in scale and mass with the site, the
natural terrain and other residences in the vicinity. Grading will be minor and required
only to repair the slope failure of the property.
Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance granting relief from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property prevent the owner from making use of a parcel
of property to the same extent enjoyed by similar properties in the same vicinity or
zone. In proposing to remediate a failed surficial slope and make the lot safe from a
geotechnical standpoint, grading of the failed area is necessary, in which case the
proposed disturbance area would exceed the allowed amounts with an increases from
ZC 908, 2950 PV DR. N. 2 g
29% to 44.5 where 40% maximum total lot disturbance is allowed. With respect to the
aforementioned request for the Variance, the Planning Commission finds as follows:
A. There are exceptional circumstances and conditions on the subject
property as follows:
Regarding the requested variance from Section 17.16.070 for disturbance limits,
the project does not meet the maximum disturbance allowed. The increase in
disturbance is due to the necessary repair of the failed slope, which pursuant to the
.City's Ordinance is considered disturbance. The exceptional circumstance is that the
slope failed and it is necessary to repair it, so that further damage to the property, the
adjacent canyon and adjacent properties are prevented.
B. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property owners in the same vicinity and
zone but which is denied to the property in question by strict application of the code.
The property right which otherwise would not be enjoyed is the ability to retain a safe
and geotechnically stable lot. The proposed location of the repair is the least visually
intrusive to the property and its neighbors.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the properties or improvements in such vicinity and zone
in which the property is located, on the contrary, not repairing the slope could result in
property damage to the applicants' and adjacent lots.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed activity is necessary to create a safe condition on
the lot and will not impact use of the existing structures.
E. The Variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities.
Section 7. Stable Use Permit: Pursuant to Section 17.18.140(H) of the Rolling
Hills Municipal Code, property owners of stables that do not conform to the provisions
of this chapter (17.18 of the RHMC) due to the size of the agricultural and the tack room
space, plate height of the loft, size of corral and access, or other requirements of this
chapter, and that were constructed or modified prior to September 7, 2011 and/or were
used for a purpose other than animal -keeping prior to September 7, 2011, may apply for
a "stable use permit" granting such structures the legal right to exist under this code that
runs with the land, with not having to provide additional area for a set aside for a
future stable and corral, if the following requirements are met:
1. The structure is not larger than eight hundred square feet.
2. The structure has one story only.
ZC 908, 2950 PV DR. N.
3 3
3. The owner pays a fee set by a resolution of the City Council that reimburses the
City for the reasonable costs of this permit.
4. Owner consents to an inspection including photographic records of the current
structure of the current use.
5. Owner must apply for and obtain building permits for any and all portions of
the structure that were modified without building permits.
6. The structure shall not be located in a setback or front yard, except if in the
permitted rear setback.
7. The structure shall not be used for sleeping.
8. The structure shall have a stable -like appearance from the exterior.
9. The structure shall not be modified further unless it is to accommodate animals
or to repair, remodel re -roof or generally maintain such . structure within the
existing footprint.
10. The structure shall only be used for passive recreation or animal keeping
activities.
11. There is an area adjacent to the structure usable for a corral.
The City Manager shall be authorized to approve, conditionally approve or deny
the stable use permit on the basis of whether the requirements of this subsection (H) are
met, providing the applicant submitted signed statements from at least one owner of
each adjacent property and shall state that the owner is in support of the use. If such
statement is not submitted from at least one owner of each adjoining property then a
hearing shall be scheduled before the Planning Commission. Written notice shall be
sent by regular mail to all adjacent property owners a minimum of ten days prior to
said hearing. After such a hearing is held, the Planning Commission shall be authorized
to approve, conditionally approve or deny a stable use permit on the basis of whether
the requirements of this subsection are met.
Section 8. The applicant has not separately informed the adjacent neighbors
prior to the public hearing to obtain concurrence, but a separate notice was mailed to
the adjacent neighbors informing them of the request for the Stable Use Permit, with the
notice of the public hearing for the slope remediation. In the letter, the neighbors were
provided an opportunity to comment in writing or come to the public hearing and
address the request at that time. To date, the City has not received any inquiry
regarding this project or the stable use permit. If no objections are received, or if no
more than one objection is received but the Planning Commission concurs with the
continued use, the applicant will be required to comply with the provisions of Section
17.18.140H.
Section 9. Based upon the foregoing findings and the evidence in the record,
the Planning Commission hereby approves the Site Plan Review and Variance, as well
as Stable Use Permit, in Zoning Case No. 908 for grading and slope repair and to
ZC 908, 2950 PV DR. N. 4 i ,
continue utilizing the stable structure for recreational uses as indicated on the
development plan incorporated herein, subject to the following conditions:
A. The Site Plan Review, Variance and Stable Use Permit approvals shall
expire within two year from the effective date of approval if construction pursuant to
this approval has not commenced within that time period, as required by Sections
17.46.080(A) and 17.38.070 of the Rolling Hills Municipal Code, or the approval granted
is otherwise extended the entitlement pursuant to the requirements of said sections.
B. If any condition of this resolution is violated, the entitlement granted by
this resolution shall be suspended and the privileges granted hereunder shall lapse and
upon receipt of written notice from the City, all construction work being performed on
the subject property shall immediately cease, other than work determined by the City
Manager or his/her designee required to cure the violation. The suspension and stop
work order will be lifted once the Applicant cures the violation to the satisfaction of the
City Manager or his/her designee. In the event that the Applicant disputes the City
Manager or his/her designee's determination that a violation exists or disputes how the
violation must be cured, the Applicant may request a hearing before the City. Council.
The hearing shall be scheduled at the next regular meeting of the City Council for
which the agenda has not yet been posted; the Applicant shall be provided written
notice of the hearing. The stop work order shall remain in effect during the pendency
of the hearing. The City Council shall make a determination as to whether a violation
of this Resolution has occurred. If the Council determines that a violation has not
occurred or has been cured by the time of the hearing, the Council will lift the
suspension and the stop work order. If the Council determines that a violation has
occurred and has not yet been cured, the Council shall provide the Applicant with a
deadline to cure the violation; no construction work shall be performed on the property
until and unless the violation is cured by the deadline, other than work designated by
the Council to accomplish the cure. If the violation is not cured by the deadline, the
Council may either extend the deadline at the Applicant's request or schedule a hearing
for the revocation of the entitlements granted by this Resolution pursuant to Chapter
17.58 of the Rolling Hills Municipal Code (RHMC).
C. All requirements of the Buildings and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise. set forth in the Permit, or shown otherwise on an
approved plan. These conditions of approval shall be printed on all construction plans.
D. Prior to submittal of final working drawings to Building and Safety
Department for issuance of building permits, the plans for the project shall be
submitted to City staff for verification that the final plans are in compliance with the
plans approved by the City Council.
ZC 908, 2950 PV DR. N.
5 1
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated June 29, 2017, except as otherwise provided in these
conditions. The licensed professional preparing construction plans for this project for
Building Department review shall execute a Certificate affirming that the plans conform
in all respects to this Resolution approving this project and including conformance with
all of the conditions set forth therein and the City's Building Code and Zoning
Ordinance.
Further, the person obtaining a building and/or grading permit for this project shall
execute a Certificate of Construction stating that the project will be constructed
according to this Resolution and any plans approved therewith.
F. The basement shall be reviewed and approved by the Rolling Hills
Community Association (RHCA) Architectural Committee prior to the issuance of
building permit. Perimeter easements and trails, if any, shall remain free and clear of
any improvements including, but not be limited to fences -including construction fences,
any hardscape, driveways, landscaping, irrigation and drainage devices, except as
otherwise approved by the RHCA.
G. The property owner shall defend, indemnify, and hold harmless the City
of Rolling Hills and its officers, employees and agents from and against any claim,
action or proceeding against the City of Rolling Hills, its officers, employees, or agents
to attack, set aside, void, or annul any approval or condition of approval of the City of
Rolling Hills concerning this Site Plan Review application, including but not limited to
any approval or condition of approval of the City Council, Planning Commission or
Planning Director, which action is brought within the time period provided for in
Government Code Section 66499.37. The City shall promptly notify the applicant of any
claim, action, or proceeding concerning the application and the City shall cooperate
fully in the defense of the matter.
H. Grading shall not exceed 6,295 square feet surface area, 642 cubic yards of
cut and fill and shall be balanced on site, unless approved by staff as a minor
modification. The project shall be completed to Building and Safety Engineer's
requirements and satisfaction.
I. The disturbed area of the lot, which includes the existing disturbed areas
and the proposed slope repair area, shall not exceed 18,025 square feet or 44.5% of the
net lot area in conformance with lot disturbance limitations.
J. A grading plan shall be reviewed and approved by the Building Dept.
Geology and Soils Sections prior to commencing any work on subject property, and be
completed per LA County grading requirements.
ZC 908, 2950 PV DR. N.
6 8
K. A drainage plan system shall be approved by the Drainage Engineer, to
include any water from the site irrigation systems and natural flow and all drainage
from the site shall be conveyed in an approved manner.
L. An Erosion Control Plan containing the elements set forth is Section 7010
of the 2016 County of Los Angeles Uniform Building Code shall be prepared to
minimize erosion and to protect slopes and channels to control stormwater pollution as
required by the Building Code.
M. Intensive geotechnical review and supervision may be required
throughout the time the project is ongoing.
N. Two copies of landscape plan for the graded/repaired area shall be
submitted for review by the Planning Department prior to the issuance of grading
permit. Mitigation areas shall be planted with native and drought tolerant plants.
O. To prevent construction equipment from going beyond the limits of the
remediation area, contractors shall use fencing or other barriers to the greatest extent
possible. There shall be no dumping of soil, construction material or any other debris
into the canyon.
P. The property owners shall be required to conform with South Coast Air
Quality Management District, Los Angeles County and local ordinances and
engineering practices during construction by using dust control measures to stabilize
the soil from wind erosion and reduce dust and objectionable odors generated by
construction activities. Stockpiles of soil, sand and similar materials shall be stabilized
by being enclosed, covered, watered twice daily, or with application of non-toxic soil
binders.
Q. During construction, all parking shall take place on the project site. The
common driveways shall not be impeded by construction trucks or contractors' vehicles
at any time and shall remain open. In the event that construction activities require the
use of the common driveway, a flagman shall be provided to assist with the traffic.
R. During construction, the property owners shall be required to schedule and
regulate construction and related traffic noise throughout the day between the hours of
7 AM and 6 PM, Monday through Saturday only, when construction and mechanical
equipment noise is permitted.
S. Should the repair activity be halted for any reason, (i.e. inclement
weather), the property owner shall take appropriate measures, as determined by the
Building Official, to minimize the seepage of any water into the area of slope failure.
ZC 908, 2950 PV DR. N. 7
T. Notwithstanding the above conditions, any modification to the plan dated
June 29, 2017, as required by the applicants' soils engineer and Public Works
Department shall be reported to the Planning Commission by City staff.
U. The contractor shall not use tools that could produce a spark, including
for clearing and grubbing, during red flag warning conditions. Weather conditions can
be found at: http f/www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_definitions#FIRE.
It is the sole responsibility of the property owner and/or his/her contractor to monitor
the red flag warning conditions. Should a red flag warning be declared and if work is to
be conducted on the property, the contractor shall have readily available fire
distinguisher.
V. Prior to finaling of the project an "as graded" plan and certification shall
be provided to the Planning Department and the Building Department to ascertain that
the completed project is in compliance with the approved plans.
W. The applicant shall comply with the requirements of Section 17.18.140(H)
for the Stable Use Permit and all necessary modifications to the structure and area
adjacent thereto shall be completed at the same time as the slope repair is completed, or
no final inpsecton shall be granted for the project.
X. Until the applicants execute an Affidavit of Acceptance of all conditions of
this approval, the approvals shall not be effective.
Y. All conditions of the Site Plan, Variance and the Stable Use Permit
approvals, that apply, shall be complied with prior to the issuance of a grading or
building permit.
PASSED, APPROVED AND ADOPTED THIri7S 18TH D,A'Y
,A
A 1"1'EST:
17.
D CHEL , CHAI AN
Any action challenging the final decision of the City made as a result of the public
hearing on this application must be filed within the time limits set forth in Section
17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section
1094.6.
ZC 908, 2950 PV DR. N.
8 9
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
I certify that the foregoing Resolution No. 2017-11 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR GRADING
TO REPAIR A FAILED SLOPE, A VARIANCE TO EXCEED THE
MAXIMUM PERMITTED DISTURBANCE OF THE LOT AND A STABLE
USE PERMIT TO ALLOW RECREATION USE IN A STRUCTURE
CONSTRUCTED AS A STABLE IN ZONING CASE NO. 908, AT 2950
PALOS VERDES DRIVE NORTH, (LOT 1-D-1RH) (ROTTER).
was approved and adopted at a regular meeting of the Planning Commission on July
18, 2017 by the following roll call vote:
AYES: Commissioners Cardenas, Cooley, Seaburn and Chairman Chelf.
NOES: None.
ABSENT: Commissioner Kirkpatrick.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
4,1,(1t
HEIDI LUCE,
CITY CLERK
ZC 908, 2950 PV DR. N. 9
TO:
FROM:
SUBJECT:
DATE:
er4 %�L�fie# q�eia INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.: 7-A
Mtg. Date: 08/14/17
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
RAYMOND R. CRUZ, CITY MANAGER
DISCUSSION AND POSSIBLE DIRECTION TO REDUCE PEAFOWL
POPULATION IN THE CITY OF ROLLING HILLS
AUGUST 14, 2017
ATTACHMENTS:
Wildlife Services proposal
Animal Pest Management Services, Inc. proposal
RPV ordinance on feeding certain animals
New emails from residents concerning peafowl
BACKGROUND
Staff was asked to bring an agenda item forward to the July 24th City Council meeting
about controlling the City's peafowl population after receiving an email from residents
Bob and Marcia Gold from Flying Mane Road. Their email requested that the City
reduce the peafowl population (estimated by the Golds to be 40 peafowl) because of
their significant jump in population the last two years that has made living in their
neighborhood very difficult. The problems that the peafowl have been causing have
included loud cawing that lasts through the late night/early morning hours, damage to
their home, and the foul smelling droppings that are left throughout their property.
The City has not historically managed the peafowl population that is within the
community. When staff receives complaints about peafowl, they inform residents that
they can be removed by them only through humane methods via a State certified
trapper. The Gold's request is that the City take the responsibility in reducing the
peafowl population similar to how it is done in other peninsula cities. However, it is
unknown how many residents like the present number of peafowl and would object if
the City was involved with a trapping and relocation program. This topic has been
contentious in other peninsula cities when trapping was reviewed and discussed.
At the July 24th City Council meeting, staff walked through the three peninsula cities
peafowl management programs and their costs. After hearing public comments and
having a general discussion on the subject, the City Council directed staff to investigate
the following: find out if there are any existing City code or State laws that prohibit
feeding of peafowl; examples of legislation that prohibit the feeding of peafowl or other
wildlife from other cities; and to receive further information and costs concerning the
trapping services provided by a private vendor for Rancho Palos Verdes (RPV) and by
the County Department of Animal Care and Control for Rolling Hills Estates (RHE).
DISCUSSION
Through staff's research, it was found that the City of Rolling Hills has no ordinance to
prohibit the feeding of peafowl. However, there is a State law that prohibits the
harassment of animals that includes the feeding of nongame birds. But since peafowl
are not classified as "wildlife" by the State Department of Fish and Wildlife, the law
does not apply because they are considered "feral". When it comes to other cities'
regulations, both the cities of RPV and RHE have adopted Title 10 from the County of
Los Angeles Code that prohibits providing food to certain animals that includes
peafowl. The wording to this code is attached to the staff report.
When staff further investigated the RHE trapping arrangement with the County of Los
Angeles Department of Animal Care and Control, it was found to be not feasible for the
City of Rolling Hills to implement. First, RHE field staff are responsible for delivering
the big dog traps to a resident's home when trapping is requested because the traps do
not fit in the County's vehicles. This would be a non starter for the City of Rolling Hills
because the City does not have the staff and vehicles to make these deliveries.
Furthermore, it has been acknowledged by both RHE and County officials that the big
dog traps have been very ineffective to trap peafowl. Therefore, staff believes this
option is not viable for the City.
Staff contacted the private vendor that traps and relocates peafowl for the City of
RPV —Wildlife Services. In order to manage the Rolling Hills peafowl issue, they
propose to first complete a thorough census to determine an accurate amount of
peafowl within the designated area. They will then determine how many peafowl will
need to be removed to improve the current situation. The goal is to alleviate
overcrowding and reduce homeowner complaints, while insuring residents that the
peafowl will be treated humanely and be placed in loving homes. The vendor will be
responsible to erect and maintain their own traps; then safely remove and relocate the
trapped peafowl. They only will trap from August 1st to March 31st due to nesting and
chick rearing concerns. The vendor charges a flat rate for each per bird trapped and
relocated. The vendor provided the City a proposal to provide a census and trapping
and relocation services that is attached to the staff report.
The other option the City has for peafowl trapping is from the vendor that provides
coyote control services for the City —Animal Pest Management Services. They provided
the City a proposal to provide a census and peafowl trapping that is enclosed. They
2�`
charge a flat weekly rate where they utilize three funnel traps that are placed on
residents' property and checked daily. They also utilize net guns to supplement funnel
traps, but when funnel traps are ineffective, net guns are utilized exclusively. The
weekly cost is invoiced regardless of the number of peafowl that are caught each week.
However, they will reduce the rate (time/gas only) if they do not catch anything and
will not resume to the normal rate until they have success. When the peafowl are
trapped, they are taken off site and they then seek locations that will adopt them.
FISCAL IMPACT
At the last meeting, the City Council acknowledged that it appears the growth in the
number of peafowl has become a problem in certain neighborhoods in the City.
However, there was a general discussion if trapping and relocation was going to be
considered-- who would pay for it? Historically, residents have paid for this service
themselves in Rolling Hills. Although not brought up at the last meeting, Marcia Gold
wanted the City Council to know that she and other neighbors are open to paying for
all or some portion of the costs for trapping.
Below are the costs for the two viable trapping options for the City of Rolling Hills:
Wildlife Services
*Peafowl census (estimated it will take 6 to 8 hours) $ 50 / hour
*Peafowl trapping (charged for each individual peafowl caught) $ 200 / bird
Animal Pest Management
*Peafowl census (3 day survey)
*Peafowl trapping (3 funnel traps and net guns utilized)
$ 2,250
$ 1,100 / week
Peafowl trapping is not in the City of Rolling Hills FY 17/18 budget, and a budget
transfer would need to come from its contingency account that has a balance of $25,000.
NOTIFICATION
Dana Chelf; Bob and Marcia Gold; Nina Ritter; Judy Mishkin; Clint Patterson, Jill Smith;
Malcolm and Wayne Sharp; Carla Routt; Michelle Mottola; Jack Thourot; Debi Fournier;
Janet Leach; Gary Johnson; August Rihaczek; Dale Stucker; all Flying Mane Road
residents and Los Angeles County Department of Animal Care and Control.
RC/yh
Peafowl Reduction-staffreport.docx
THIS PAGE INTENTIONALLY LEFT BLANK
WILDLIFE SERVICES
305 Newbury Lane
Newbury Park, Ca 91320
(626) 827-2282
PEACOCKPRO@YAHOO.COM
PEAFOWL REMOVAL & RELOCATION PLAN
DESCRIPTION
Due to overcrowding and homeowner complaints, the city of Rolling Hills is in need of reducing the
population of peafowl that currently inhabit their city.
THE OBJECTIVE
First complete a thorough census to determine an accurate amount of peafowl within the designated
area. Then determine how many peafowl will need to be removed to improve the current situation.
THE GOAL
To alleviate overcrowding and reduce homeowner complaints, while insuring residents that the peafowl
will be treated humanely and be placed in loving homes. With the potential of each peahen producing
up to six offspring annually an exponential increase in the population will occur yearly with current
estimated population.
THE SOLUTION
Humane removal and relocation of a portion of the city's peafowl population. Only removing a
significant percentage of the population will prevent a dramatic increase in numbers. As long as
adequate food, shelter and space are available these flocks will continue to grow. Wildlife Services will:
• Erect and maintain our own traps
• Safely remove and relocate the trapped peafowl
• Maintain a professional & courteous relationship with all residents
COST SUMMARY
Peafowl removal & relocation fees are on a per bird basis
$200 per bird for a quota of 50 peafowl or less,
a lower price can be negotiated for a larger
quota.
TERMS & MANAGEMENT
Due to nesting and chick rearing concerns trapping will only take place between August 1st and March
315t. We do not wish to disturb the peafowl during chick rearing season. Traps will be erected at city
approved locations which may include private residences.
Servicing will done on a regular basis but for traps that are placed on residences we will request that
the homeowners notify us when a bird is trapped to ensure quick removal. Although these traps are safe
and secure once notified the peafowl will be removed within 24 hours.
Once peafowl are removed from a trap they become the property of Wildlife Services. Trapped peafowl
will be relocated to qualified individuals approved by Wildlife Services and released onto their property.
Names and phone numbers of adoptive homes will be provided to city personnel upon request.
The traps used by Wildlife Services are large walk-in traps that can catch and hold up to a dozen birds at
once. Once erected a trap may have to stay in place for up to two weeks before that local flock is
caught. Generally the majority of the flock will be caught and removed within the first two weeks.
Please feel free to contact me with any questions or concerns.
Mike Maxcy
(626) 827-2282
WILDLIFE SERVICES
305 Newbury Lane
Newbury Park, Ca 91320
(626) 827-2282
peacockpro@yahoo.com
PEAFOWL CENSUS PROPOSAL
DESCRIPTION
A census would involve a detailed and comprehensive sweep of the affected areas within
the city limits of Rolling Hills. Each specified area would require two separate days of
observation, with multiple counts occurring on each of those days.
THE OBJECTIVE
Peafowl colonies tend to have loose flocks that roam throughout their range seeking food
and shelter, normally incorporating a specific pattern in the process. The objective would
be to identify their roosting and feeding sites, flock size and patterns, as well as
determining the best locations for trapping.
THE GOAL
Complete a thorough census of the specified areas within a two day period and reaching a
count accuracy of 90%.
COST SUMMARY
Peafowl Census $50.00 / Hr
Estimated time for census of the affected area is 6 to 8 hours
THIS PAGE INTENTIONALLY LEFT BLANK
PEST CONTROL AGREEMENT
90606316
Animal Pest Management Services, Inc.(
9_. Urban Wildli, fe Professionids'°;
NAME: on' OF ROLLING HILLS
Phone 800.344.6567
Fax 909.590.1435
ATTN: RAY CRUZ DATE: 07/18?017
STREET: 2 PORTUGUESE BEND ROAD
CITY: ROLLING HILLS
STATE: C1 ZIP: 90274 —
EMAIL INVOICES TO:
HEREBY AUTHORIZES SERVICE AT: CITY OF ROLLING HILLS'
STREET: VARIOUS LOCATIONS THROUGHOUT THE CITY
CITY: ROLLING HILLS ZIP:
PHONE 310-377-1521
FAX: EMAIL: RCRL''ZRCITYOFRILNET
Animal Pest Management Services, Inc. agrees to provide pest control service at the described premises and according to the terms set forth under
description of work. Unless otherwise indicated, this agreement may be canceled by either party upon presentation of a 30 -day written notice prior to
the desired cancellation date. The agreement covers only the premises and pests specified under description of work This agreement does not guarantee
against present or future pest damage to the property, building, or contents of the described premises, or provide repairs or compensation therefore.
Should any litigation be commenced between the parties to the contract concerning the contract or the rights and duties of either in relation to it the
prevailing party in such litigation shall be entitled, in addition to such other relief as may be g anted, to a reasonable sum for attorney's fees in the
litigation which shall be determined by the court in such litigation or in a separate action brought for that purpose.
DESCRIPTION OF WORK
Option 61:
ANIMAL PEST MA NAGEIIEVT SER I7CES, INC. WILL SCHEDULE A ONE-TJME 3 -DAY PEAFOWL SURVEY AND CENSUS FOR THE
COST OF S2,250.00 PER CENSUS. WEATHER AND SCHEDULES PERMITTING.
Option 62:
.ANIMAL PEST MANAGEMENT SERVICES, INC. WILL USE NET GUN TO CAPTURE PEAFOWL AS WELL ASSET -UP LIVE FUNNEL
TRAPS TO BE PLACED IN AREAS FREQUENTED BY THE PEAFOWL. PERMISSION WILL HAVE TO BE OBTAINED, WHETHER IT
IS CITY PROPERTY OR A PRIVATE RESIDENCE, TO USE THEIR YARD. FOOD AND WATER WILL BE MAINTAINED AS THE TRAPS
WILL BE CHECKED DAILY. PEAFOWL REMOVED BY EITHER THE NET GUN OR TRAPPING WILL BE PLACED IN HOLDING
CAGES IVHILE BEING TRANSPORTED. THE COST FOR THIS PEAFOWL PROGRAM WILL BE S1,100.00 PER WEEK FOR UP TO
THREE (3) FUNNEL TRAPS.
PAYMENT TERMS
NET 30 -DAYS
CUSTOMER AGREES TO PAY WHEN BILLED FOR SERVICES DUE A SERVICE CHARGE OF 1.5 % PER MONTH EQUIVALENT TO AN ANNUAL
PERCENTAGE RATE OF 18% WILL BE APPLIED TO PAST DUE ACCOUNTS.
NOTICE OF CHANGE IN MANAGEMENT -
Association and Management agree to provide Animal Pest Management Services, Inc. with written notice within fourteen (14) days in the event
Association terminates Management's employment and hires new management
COSTS
❑ Clean -out: initial 5
❑ Monthly S
® One -Time SSEEOPTIONS
❑ Other S
.)3
ANIMAL PEST MANAGEMENT SERVICES, INC.
Notice: The customer acknowledges and understands that Animal Pest Management Services, Inc.
assumes no responsibility and has no liability for any and all damage (including slope weakening and
instability activity) done prior. during or after the rendering of pest control services to the premises,
the land. slope and all dwellings and other structures thereon.
Can only be cancelled with a 30 -clay written notice.
Please Pint Name
DATE: 7/1 7O 7 DATE:
CUSTOMER (SIGNATURE)
PRESIDENT/PRINCIPAL CONSULTANT/URBAN WILDLIFE BIOLOGIST: DAN FOX
AREA 7
PLEASE SIGN AND RETURN ONE COPY
Signature of this agreement acknowledges receipt of rodenticidelinsecticide information on the 2n° page of this document.
sk �b
Corporate Office 13655 Redwood Court, Chino, CA 91710-5516
San Diego County 3525 Del Mar Heights, 6760, San Diego. CA 92130-2122
Orange County 23170 Del Lago Drive, Laguna Bills, CA 92653.1306
Riverside County PMB 446.31855 Date Palm Drive, Cathedral City, CA 92234-3100
For Over 35 Years, Helping To
Make Our World Greener.
www.animalpest.com
THIS PAGE INTENTIONALLY LEFT BLANK
The City of Rancho Palos Verdes has adopted Title 10 of the LA County Animal Code as cited under
RPVMC Section 6.04.010. However, RPVMC Section 6.04.020 amends Section 10.84.010 of the
County Code which prohibits the feeding of certain animals (including peafowl)
10.84.010 Providing food for certain animals —prohibited. Except as otherwise provided for in
Section 10.84.020, no person shall feed or in any manner provide food to any peafowl, crow, pigeon,
seagull, nondomesticated rodent, including tree squirrels or ground squirrels, or to a
nondomesticated mammalian predator, including coyotes, foxes, opossums, skunks and raccoons.
THIS PAGE INTENTIONALLY LEFT BLANK
Wednesday, August 9, 2017 at 11:05:57 AM Pacific Daylight Time
Subject: Report on City Council meeting 24 July 2017 regarding peafowl population
Date: Tuesday, July 25, 2017 at 9:40:47 AM Pacific Daylight Time
From: Marcia Gold
To: 16a -Debi Fournier, 16a-Susana Luna, 16b -Bob Gold, 16b -Carla Routt, 16b -Dorothy Friedman, 16b -
Dr. Godfrey Pernell, 16b-Elvie Gieszl, 16b -Gary & Kellie Johnson, 16b -Greg Coates, 16b -Jack
Thourot, 16b -Judith Mishkin, 16b-Lavonne & Dale Stucker, 16b -Lori & Art Kaiser, 16b -Michele
Mottola, 16b -Yale Gieszl, 16c -Abby & John Douglass, 16c -Andrea & Blake Brown, 16c -Christie &
John Mavredakis, 16c -Dana Chelf, 16c -Fred & Lucille Ripley, 16c -Kathleen & Joshua Carvalho, 16c -
Myrna Frame, 16c -Nina Ritter, Beatriz Dieringer, Ewa Nikodem, Heidi Luce, Julie Walter, RH Assn:
Kristen Raig, Ray Cruz, Zone 15b: Clint Patterson
Thanks to all who attended the City Council meeting last night, and joined in the peafowl discussion. Everyone
acknowledged that there is indeed a peafowl overpopulation problem going on right now. City Manager Ray Cruz
presented the methods used and costs of peafowl removal programs in neighboring cities. The upshot was that staff
was directed to provide a recommendation on how to proceed with a possibly City -based solution utilizing available
peafowl removal and relocation services, and costs involved.
We will keep everyone posted with updated information. In the meantime, here is an excerpt from Rancho Palos
Verdes' Ordinance 488 prohibiting feeding of peafowl with specific fines outlined for each violation (fines not listed):
10.84.010 Providing food for certain animals —prohibited. Except as otherwise provided for in Section
10. 84.020, no person shall feed or in any manner provide food to any peafowl, crow,
pigeon, seagull, nondomesticated rodent, including tree squirrels or ground squirrels, or
to a nondomesticated mammalian predator, including coyotes, foxes, opossums„ skunks and raccoons.
The City of Rolling Hills does not appear to have a similar ordinance; however, staff is checking into it. Enforcing this
kind of ordinance would be problematic, but just publicizing its existence might discourage casual feeding of the
pests that causes overpopulation.
In the meantime, we'd like to note that we purchased a fake owl with a nice, waving -in -the -wind wingspan that we
have mounted on a pole in the backyard. It seems to have some effect, and has reduced the number of birds seen in
our immediate area. Here's a link to the owl:
https://www.amazon.com/ep/product/B0019FAMT4/ref=oh aui detailpage o00 s00?ie=UTF88tosc=1
The pole, purchased at Home Depot, is a dowel about % to 3/" that we insert into the bird neck.
We have also heard of success with motion -activated sprinklers such as this one:
https://www.amazon.com/Hoont-Powerful-Outdoor-Blaster-Repeller/do/B01MRGZOKK/ref=sr 1 2?s=lawn-
garden&ie=UTF8&aid=1501000161&sr=1-2&keywords=motion+sprinkler+animal
Nothing will be more effective than trapping and relocation, but these items might help in our fight against these
pests until we have a good removal system in place. Please don't hesitate to email us if you have any questions.
Marcia and Bob Gold
Page 1 of 2
Wednesday, August 9, 2017 at 11:03:16 AM Pacific Daylight Time
Subject: Re: Peafowl overpopulation in our area
Date: Wednesday, July 26, 2017 at 9:02:15 AM Pacific Daylight Time
From: Gary Johnson
To: Marcia Gold, Ewa Nikodem, Heidi Luce, Lead Block Captain: Marcia Gold, Kristen Raig - RHCA, Ray
Cruz
CC: Bob Gold
Hi Kristen & Ray
Kellie & I are writing you to address what has become an unbelievable overpopulation of peacocks in our
area, as well as Rolling Hills in general. Just today, yesterday, the day before and everyday for the past year or
so, we spend our mornings, and our evenings cleaning peacock crap from all over our driveway, railings,
fountains, gardens, walkways etc. We average probably 10-20 of these things on our property in the morning
and evening. God knows, when we get home from work, our property is devastated with eaten plants, crap,
flies....it is such a shame what has happened as a result of the city's total inaction to this problem. Please,
other cities have addressed the concerns of their residents....I have no doubt our property values could be
affected . . . if I was a potential buyer, and I came to 8 flying Mane Road on any given morning or afternoon
and saw firsthand the goopy peacock crap everywhere (mind you we clean it up 2x a day) . . . I would think
twice about living there.
We used to grow our own vegetables in 3 planter boxes in the upper corral of our property . . . well that
stopped a year and a half ago . . . they eat everything. It's such a shame these frikking birds are ruining
Rolling Hills . . . You can do something about it, other cities have. Time to get something done.... Trap &
relocate . . . .
Thank you for your leadership in this situation . . . it can be addressed humanly and logically
Gary Johnson
Vice President
ACE Clearwater Enterprises
310.965.5302 Direct
310.347.8993 Cell
gjohnsonta aceclearwater.com
Aviation is proof, that given the will,
We have the capacity to achieve the impossible.
Eddie Rickenbacker
Gary Johnson
ACE Clearwater
Cell 310.347.8993
From: Marcia Gold
Sent: Tuesday, July 18, 2017 2:27 PM
Page 1 of 2
Wednesday, August 9, 2017 at 11:10:48 AM Pacific Daylight Time
Subject: Peafowl locations
Date: Friday, July 28, 2017 at 11:47:46 AM Pacific Daylight Time
From: dfried325@gmail.com
To: Ray Cruz
Ray.... I am at # 11 Flying Mane Road. Across from me, at # 12 (the DesLierres residence),
the peacocks are being fed and encouraged. Every morning, different ages of peafowl come up their driveway, often
in groups, onto our street and spread out in different directions.
I'm not sure how many total are currently there each night, as many of the older peafowl have gone down the hill
behind my house to live, which is why I am awakened many times during the night by their shrieking cries.
Sent from my iPad
Page 1 of 1
Wednesday, August 9, 2017 at 11:11:00 AM Pacific Daylight Time
Subject: Peafowl Nesting Locations
Date: Friday, July 28, 2017 at 8:42:34 PM Pacific Daylight Time
From: Dana Chelf
To: Ray Cruz
CC: Marcia Gold
Hi Ray,
Marcia Gold asked us to tell you where specifically the peafowl are nesting so the trapper can locate
them easier. We live at 59 Crest Road East and they love the pine trees that line the front of our
driveway and continue to the back of our property. As it gets dark, they will fly into the pine trees for
the night. In the morning, they will swoop down from the pine trees onto our roof. We have also had
some of the peahens nest in the dirt around our flowers that line our driveway as well as near our
front door. I believe they also hide out behind our house in the bushes just above our trash area. In
the afternoon, they like to congregate at the front of our driveway and on our yard that surrounds
our pool area. In the mornings, they seem to prefer our yard that is on the ocean side of the
property.
I hope this helps. Please let me know if you need any more information.
Thank you very much!!
Dana and Brad Chelf
Dana Chelf
310-567-5855 (mobile)
o
Page 1 of 1
Wednesday, August 9, 2017 at 11:11:21 AM Pacific Daylight Time
Subject: Re: Need to know locations of peafowl resting areas
Date: Monday, July 31, 2017 at 12:11:21 PM Pacific Daylight Time
From: Jack Thourot
To: Marcia Gold, 16a -Debi Fournier, 16a-Susana Luna, 16b -Carla Routt, 16b -Dorothy Friedman, 16b -Dr.
Godfrey Pernell, 16b-Elvie Gieszl, 16b -Gary & Kellie Johnson, 16b -Greg Coates, 16b -Judith Mishkin,
16b-Lavonne & Dale Stucker, 16c -Abby & John Douglass, 16c -Andrea & Blake Brown, 16c -Brad
Chelf, 16c -Christie & John Mavredakis, 16c -Dana Chelf, 16c -Fred & Lucille Ripley, 16c -Kathleen &
Joshua Carvalho, 16c -Nina Ritter, Beatriz Dieringer, Ray Cruz
CC: 16b -Bob Gold
Greetings
Peafowl roosting that I know of is high in the pine trees to the left of the sign for #10 Flying
Mane Rd. They also roost in the pines to the left of the sign for #1 Flying Mane Ln.
In the A.M. several different male birds perch,one at a time, on my ring fence near a mailbox
I use to keep dog train gear in.
There is a depression that they have made in the ground by a Tangerine tree at the end of our
pool. I almost daily find females laying resting in that depression. I fill in the depression but
they always return.
As of late, nearly every A.M. there is 3 to 5 females coming through our back yard and onto
our patio, at their leisure with males in the mix, not far behind, waiting down at our ring or
over at the Golds.
also want to relate activity that may be of assistance. This last January in the evening when
a rain storm was predicted for the night and next day, I spread about 60 lbs. of Rye-grass
seed in our ring. As luck would have it the storm did not take place as predicted. The next
morning I had a flock of 16 birds (Peafowl) in the ring eating the seed. I chased them off but
they would come right back as soon as my dog and I left. This went on for days, with
numbers that I saw, ranging from 12 or more to the high of 16 for the first day. Very little
grass grew this year and this is a planting strategy I have successfully used in past wet years.
Jack Thourot
7 Flying Mane. Rd.
(310) 377 - 2729
From: Marcia Gold <marcia@marciagold.com>
To: 16a -Debi Foumier <Debi4nier@aol.com>; 16a-Susana Luna <susanaluna@cox.net>; 16b -Carla Routt <LBMPtopper@aol.com>;
16b -Dorothy Friedman <dfried325@gmail.com>; 16b -Dr. Godfrey Pemell <dr.pemell@dentalhealthservices.com>; 16b-Elvie Gieszl
<elvie@gieszl.com>; 16b -Gary & Kellie Johnson <gjohnson@aceclearwater.com>; 16b -Greg Coates <wiseowl2004@yahoo.com>; 16b -
Jack Thourot <JT@acdbug.com>; 16b -Judith Mishkin <judithmishkin@schlossbros.com>; 16b-Lavonne & Dale Stucker
<iblavonne@aol.com>; 16c -Abby & John Douglass <adouglass@traceww.com>; 16c -Andrea & Blake Brown
<BAHAHbrown@yahoo.com>; 16c -Brad Chelf <brad.chelf@cbre.com>; 16c -Christie & John Mavredakis <christie@mavredakis.com>;
16c -Dana Chelf <danachelf@gmail.com>; 16c -Fred & Lucille Ripley <lucilleripley@yahoo.com>; 16c -Kathleen & Joshua Carvalho
<kbcarvalho@hotmail.com>; 16c -Nina Ritter <nina.ritter4@verizon.net>; Beatriz Dieringer <ddabea@msn.com>
Cc: 16b -Bob Gold <bob@bobgoldpr.com>
Sent: Friday, July 28, 2017 10:41 AM
Subject: Need to know locations of peafowl resting areas
Hi All
Ray Cruz, our City Manager, has requested the locations of where the pesky peafowl nest so
the trapper can take a census and know where to trap the peafowl for relocation.
Page 1 of 2
Wednesday, August 9, 2017 at 11:11:43 AM Pacific Daylight Time
Subject: Peafowl Hangouts Flying Mane/Crest Road East
Date: Monday, July 31, 2017 at 3:42:03 PM Pacific Daylight Time
From: Abby Douglass
To: Ray Cruz
Hi Ray,
First of all thank you very much for taking the first steps in dealing with our Peafowl overpopulation here in Rolling
Hills...THANK YOU!
I am not sure of the exact address of the house where most of the peacocks hang out near us but the house is officially
on Flying Mane next door to Godfrey Pernell. The property aligns Crest Road E.
I have been told by several neighbors that the woman in that house feeds them. The peacocks hang out on this Flying
Mane property and go back and forth to the Chelf's and upour private road to our house and yard continuously. There
are times I have a dozen peacocks at my front door or on my roof or side yard and it is a small area.
Thank you again for your help with this matter. Very much appreciated.
Abby and John Douglass
51 Crest Road East
Page 1 of 1
Wednesday, August 9, 2017 at 11:12:31 AM Pacific Daylight Time
Subject: Re: Need to know locations of peafowl resting areas
Date: Tuesday, August 8, 2017 at 3:21:16 PM Pacific Daylight Time
From: Nina
To: Jack Thourot
CC: Gary Johnson, Ray Cruz, Marcia Gold, 16a -Debi Fournier, 16a-Susana Luna, 16b -Carla Routt, 16b -
Dorothy Friedman, 16b -Dr. Godfrey Pernell, 16b-Elvie Gieszl, 16b -Greg Coates, 16b -Judith Mishkin,
16b-Lavonne & Dale Stucker, 16c -Abby & John Douglass, 16c -Andrea & Blake Brown, 16c -Brad
Chelf, 16c -Christie & John Mavredakis, 16c -Dana Chelf, 16c -Fred & Lucille Ripley, 16c -Kathleen &
Joshua Carvalho, Beatriz Dieringer, 16b -Bob Gold
As I have been pointing out to Mr Cruz for a couple of years (and years to others before him), the peacock explosion
has fueled an increase in coyotes (which we have been fighting in our property for over 5-6 years now).
Sent from my iPhone
On Aug 8, 2017, at 1:13 PM, Jack Thourot <jtPacdbug.com> wrote:
Greetings once again
noticed that I did not have Mr. Cruz on the distribution so I have included him
and I have some additional report.
Yesterday morning 8/7/17, at the bottom of my property, 7 Flying Mane Rd.
found the remains of what appeared to be a Peacock that had been almost
completely eaten. The leftovers had to be no more than a day old, there were
lots of feathers with some but very little bone and sinew. The feathers indicated
to me that it was a male.
This morning 8/8/17 I again say one of the hens with 3 chicks so at least one of
the family group is still going strong for sure.
jt
From: Gary Johnson <GJohnson(a)acecfearwater.com>
To: Jack Thourot <jteacdbuo.com>
Cc: Marcia Gold <marcia o(�marciaoold.com>; 16a -Debi Foumier <Debi4nieraaol.com>• 16a-Susana Luna
<susanalunaecox.net>• 16b -Carla Routt <LBMPtoorere.aol.com>; 16b -Dorothy Friedman <dfried325(c�omail.com>;
16b -Dr. Godfrey Pemell<dr.pemell(cr�dentalhealthservices.com>; 16b-Elvie Gieszl <elvieegieszl.com>• 16b -Greg
Coates <wiseowI2004evahoo.com>; 16b -Judith Mishkin<iudithmishkineschlossbros.com>; 16b-Lavonne & Dale
Stucker <iblavonne()o.aol.com>• 16c -Abby & John Douglass <adouglass(o traceww.com>• 16c -Andrea & Blake Brown
<BAHAHbrownevahoo.com>; 16c -Brad Chelf <brad.chelfecbre.com>; 16c -Christie & John Mavredakis
<christieemavredakis.com>; 16c -Dana Chelf <danachelf(8 gmail.com>; 16c -Fred & Lucille Ripley
<Iucilleriplevevahoo.com>. 16c -Kathleen & Joshua Carvalho <kbcarvalhoehotmail.com>; 16c -Nina Ritter
<nina.ritter4 aeverizon.net>• Beatriz Dieringer <ddabea(o)msn.com>• 16b -Bob Gold <bobebobooldpr.com>
Sent: Friday, August 4, 2017 8:07 PM
Subject: Re: Need to know locations of peafowl resting areas
We have a mom & 3 babies every day in our bird bath
Gary
Sent from my iPhone
Page 1 of 3
Thursday, August 10, 2017 at 9:47:37 AM Pacific Daylight Time
Subject: Re: Peafowl locations
Date: Thursday, August 10, 2017 at 8:14:54 AM Pacific Daylight Time
From: dfried325@gmail.com
To: Ray Cruz
Ray....emailing you again from #11 Flying Mane Rd. Aside from being awakened last night three times, just now at 8
AM, four (4) loud screaming middle-sized males were in my front yard.
I chased them with a broom, whereupon they perched on my roof.
Incidentally, there are droppings on my front walkway, on the front porch, in the grass, on the back patio area not
a pleasant sight. Had a guest accidentally step on the peacock feces also not a pleasant occurrence.
Sent from my iPad
On Jul 28, 2017, at 11:47 AM, dfried325Pgmail.com wrote:
Ray.... I am at # 11 Flying Mane Road. Across from me, at # 12 (the DesLierres residence),
the peacocks are being fed and encouraged. Every morning, different ages of peafowl come up their driveway,
often in groups, onto our street and spread out in different directions.
I'm not sure how many total are currently there each night, as many of the older peafowl have gone down the hill
behind my house to live, which is why I am awakened many times during the night by their shrieking cries.
Sent from my
Page 1 of 1
al Rollie, q‘cek
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No: 8-A
Mtg. Date: 08-14-17
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
THRU: RAYMONG R. CRUZ, CITY MANAGER
SUBJECT: RESOLUTION NO. 1215 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROLLING HILLS AMENDING RESOLUTION NO.
1205 REGARDING DECLARATION OF A NUISANCE CONDITION
AND ABATEMENT THEREOF AT 38 PORTUGUESE BEND ROAD
(LOT 118-RH) TO MODIFY THE TIMELINE FOR IMPLEMENTATION
OF THE ORDER. OWNERS: STEVE AND LORI WHEELER.
DATE: AUGUST 14, 2017
ATTACHMENTS:
RESOLUTION No. 1215
RESOLUTION No. 1205
RECOMMENDATION
Consider the staff report and Resolution No. 1215, amending Resolution No. 1205, an
order to abate a nuisance condition at 38 Portuguese Bend Road. The amendment is to
allow an extension of time to implement the abatement order.
BACKGROUND
The City Council, following a public hearing on a nuisance abatement issue, at their
March 13, 2017 adopted Resolution No. 1205 declaring a nuisance condition on the
property at 38 Portuguese Bend Road and ordering its abatement.
This case came to the City's staff attention as a complaint in July 2016 that dirt with
small rocks and cement was deposited on the property and on the side of the canyon
and concern was expressed that the material is sloughing into the canyon and the
natural drainage area. Following attempts by staff to have the property owners correct
Cr)
the situation, and when the owners did not comply with staff's direction, the case was
referred to the City Council for a determination of a nuisance. At the March 9, 2017 City
Council meeting the City Council directed the applicants to abate the nuisance within
date specific time line, by either removing the dirt from the sides of the canyon, stock
piing it on the pad and applying to the Planning Commission for a variance to retain
the dirt; or removing the dirt from the canyon and the property and returning the slope
and the swimming pool pad to the condition they were prior to the dirt being deposited
there.
Following City Council's decision, the applicants, submitted an application for Planning
Commission consideration in a timely fashion.
DISCUSSION
Section 4 of Resolution 1205 specifies a time line for the abatement of the nuisance.
Specifically it states in part that, "If the property owners file the application for needed
entitlements in a timely fashion, a decision by the Planning Commission or City Council
shall be granted within 180 days of this Resolution. If the entitlements are not granted,
then within 210 days of this Resolution the property owners shall remove all of the dirt
and rocks that was dumped and is being stored on the pool pad, along the slopes of,
and in the canyon of the Subject Property and haul it out of the City."
The applicants submitted an application to the Planning Commission for a variance to
keep the dirt on site and to modify a previously approved project, for which the dirt
would be used. The Planning Commission held the first public hearing regarding this
application on May 16, 2017, and following a field trip and a hearing on June 20, 2017,
the Planning Commission directed the applicant to revise the scope of work and reduce
the proposed area of grading so that it is similar to the previously approved
entitlement. A revised plan was submitted to the Planning Commission for the July 18,
2017 meeting, matching the square footage of the previously approved pad, but in a
different shape, which would necessitated more grading towards the canyon and a
neighbor, but reduced grading in the northerly direction. After consideration, the
Planning Commission requested that the applicant revise the project again. The
applicants are working on a revision, but are not ready to submit for the August 15th
Planning Commission meeting and requested continuance of their case to the
September 19th meeting.
Resolution 1205 requires that within 180 days of passage of the Resolution (March 13,
2017), "a decision by the Planning Commission or City Council shall be granted". The
180 days falls on September 9, 2017.
It is therefore recommended that the 180 days provision for granting a decision be
amended by 90 days to 270 days or to December 8, 2017. It is also recommended that
the 210 days for removal of the dirt, if approval is not granted to keep all or some of the
dirt, be amended to 300 days.
Attached for your consideration is a Resolution amending these time lines. Included as
a condition in the amended Resolution is a requirement that the property owners
implement appropriate dust control, erosion control and storm water management
measures while the dirt remains on the property.
NOTIFICATION
Copies of this report have been sent to the property owners and Los Angeles County
Building and Safety Department. A copy of the agenda with this item on it was
emailed/mailed to adjacent neighbors who provided input to the Planning Commission
or visited City Hall to inquire about this project.
THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 1215
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING
HILLS AMENDING RESOLUTION NO. 1205 REGARDING DECLARATION
OF A NUISANCE CONDITION AND ABATEMENT THEREOF AT 38
PORTUGUESE BEND ROAD (LOT 118-RH) TO MODIFY THE TIMELINE
FOR IMPLEMENTATION OF THE ORDER. OWNERS: STEVE AND LORI
WHEELER.
The City Council of the City of Rolling Hills does hereby find, resolve and order as
follows:
Section 1. Recitals
A. It is the duty of every person that owns or is in possession of any property,
place or area within the boundaries of the City to maintain the property, place or area free
from any nuisance. (Rolling Hills Municipal Code Section 8.24.020.) Section 8.32.060(B)
of the Rolling Hills Municipal Code states: "No person shall intentionally throw, deposit,
place, leave, maintain or permit to be thrown, deposited, placed, left or maintained or
kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles
or accumulations, on or upon any roadway, driveway, trail, canyon, storm drain, inlet,
catch basin conduit or drainage structure, or upon any private plot of land in the City, so
that the same might be or become a pollutant." (Emphasis added.) Any condition in
violation of Chapter 8.32 is a public nuisance. (Rolling Hills Municipal Code Section
8.32.100(A)(1)(a).)
B. On or about July 13, 2016, City Staff was alerted to the fact that a large
amount of unpermitted dirt, rocks, and loose concrete had been deposited and was being
stored along the slope of, and in the canyon adjacent to, certain real property in the City
of Rolling Hills commonly known as 38 Portuguese Bend Road (Lot 118-RH) (hereinafter
referred to as the "Subject Property"). A visit to the site revealed that the loose dirt, rocks
and concrete pieces being stored along the slope of the Subject Property and the canyon
adjacent thereto had the potential to fall to the bottom of the canyon and become part of
the natural drainage course which leads into the Pacific Ocean. Furthermore, the loose
dirt, rocks and concrete pieces covered the existing vegetation along the slope and
canyon, thereby facilitating potential erosion of the slopes into the canyon. On July 14,
2016, City Staff notified the owners of the Subject Property, Mr. and Mrs. Steven Wheeler
("Property Owners"), that the storage of dirt along the slope of the Subject Property and
the canyon adjacent thereto was a violation of Rolling Hills Municipal Code section
8.32.060(B) and requested that they abate this nuisance condition. Despite continued
attempts to gain the Property Owners' compliance, the dirt, rocks, and loose concrete
remain along the slope of the Subject Property and in the canyon adjacent thereto.
C. Since the Property Owners have failed to make a good faith effort towards
abatement of the nuisance condition on the Subject Property on March 13, 2017 the City
Council held a public hearing regarding the nuisance abatement issue, and adopted
Resolution No. 1205 determining that the property at 38 Portuguese Bend Road
Resolution No. 1215 -1-
constitutes a condition that is injurious to the public health, safety and welfare by
violating Section 8.32.060(B) of the Rolling Hills Municipal Code such that it is a public
nuisance pursuant to Chapter 8.24 and Section 8.21.100(A) (1) (a) of the Rolling Hills
Municipal Code.
Section 2.
A. Resolution 1205 specifies the actions the Property Owners must take to
abate the nuisance and provides a timeline by which to implement the order. The City
Council ordered the Property Owners to either remove the dirt from the sides of the
canyon, stock pile it on the pad and apply to the Planning Commission for a variance to
retain the dirt; or remove the dirt from the canyon and the property and return the slope
and the swimming pool pad to the condition they were prior to the dirt being deposited
there. Further, the order specified that within 180 days of the adoption of the Resolution,
(if the applicants submit an application in a timely fashion to the Planning Commission to
retain the dirt), a decision shall be granted; and if decision is not granted then within 210
days of the passage of the Resolution the Property Owners would have to remove the dirt
from the lot.
B. Following City Council's decision, the applicants, submitted an application
for Planning Commission consideration in a timely fashion, (April 2017), and the
Planning Commission held its first public hearing on the matter on May 16, 2017.
C. The Planning Commission held additional hearings on June 20, 2017 and
July 18, 2017 and visited the site on June 20, 2017, and required that the Property Owners
revise the scope of the project to reduce the proposed grading area, which would result in
having to retain less of the dumped dirt on the property and exporting the remaining
dirt.
D. The Property Owners are unable to submit a second revised plan for
consideration at the August 15th Planning Commission meeting and have requested
continuance of their case to the September 19th Planning Commission meeting, which is
past the 180 days stipulated by Resolution No. 1205 for granting a decision.
Section 3. Upon consideration of the staff report and evidence described above
to extend the timeline for implementation of the order of Resolution No. 1205, the City
Council determines and orders that Section 4 of Resolution No. 1205 be amended to read
as follows:
A. "In accordance with the foregoing, and because it is the duty of property
owners to maintain their properties free of nuisances, the City Council orders that the
property owners remove all of the dirt and rocks that was dumped and is being stored on
the pool pad, along the slopes of and in the canyon of the Subject Property within 30 days
of the date of this Resolution but no later than April 12, 2017. The pile(s) shall then be
covered up. Within 75 days of this Resolution the property owners shall submit to the
Planning Department the necessary documents, applications and fees to be placed on the
Planning Commissions agenda for a request to modify the previous approval, including a
Resolution No. 1215 -2-
Variance request to keep the dirt for said modification. In the event that the property
owners fail to complete the measures specified above by the above -described deadlines,
then within 90 days of this Resolution the property owners shall remove all of the dirt and
rocks that was dumped and is being stored on the pool pad, along the slopes of and in the
canyon of Subject Property and haul it out of the City. If the property owners file the
application for needed entitlements in a timely fashion, a decision by the Planning
Commission or City Council shall be granted within 270 days of this Resolution. If the
entitlements are not granted, then within 300 days of this Resolution the property owners
shall remove all of the dirt and rocks that was dumped and is being stored on the pool
pad, along the slopes of, and in the canyon of the Subject Property and haul it out of the
City. In the event the property owners fail to complete the measures specified above by
the specific dates the City will perform the corrective measures at the Property Owners'
expense as authorized in Section 8.24.060 of the Rolling Hills Municipal Code.
B. The Property Owners shall implement dust control measures to stabilize the
soil from wind erosion and reduce dust as well as introduce appropriate erosion control
measures to protect slopes and channels to control storm water pollution.
C. All other conditions of Resolution No. 1205 shall be in full force and effect.
Section 4. The Interim City Clerk is hereby directed to send a copy of this
resolution by certified and regular mail to the owners of the property located at 38
Portuguese Bend Road.
Section 5. This resolution shall take effect immediately on August 14, 2017.
PASSED, APPROVED AND ADOPTED THIS 14TH DAY OF AUGUST, 2017.
James Black, Mayor
ATTEST:
Yvette Hall, Interim City Clerk
Resolution No. 1215
3
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
SS
The foregoing Resolution No. 1215 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
AMENDING RESOLUTION NO. 1205 REGARDING DECLARATION OF A
NUISANCE CONDITION AND ABATEMENT THEREOF AT 38 PORTUGUESE
BEND ROAD (LOT 118-RH) TO MODIFY THE TIMELINE FOR IMPLEMENTATION
OF THE ORDER. OWNERS: STEVE AND LORI WHEELER.
was approved and adopted at a regular meeting of the City Council on August 14, 2017,
by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Resolution No. 1215
Yvette Hall
Interim City Clerk
CO
RESOLUTION NO. 1205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS DECLARING THE CONDITION OF THE
PROPERTY LOCATED AT 38 PORTUGUESE BEND ROAD TO BE A
PUBLIC NUISANCE AND ORDERING THE ABATEMENT
THEREOF.
The City Council of the City of Rolling Hills does hereby find, resolve and order as follows:
Section 1. Recitals.
A. It is the duty of every person that owns or is in possession of any property, place or area
within the boundaries of the City to maintain the property, place or area free from any nuisance.
(Rolling Hills Municipal Code Section 8.24.020.) Section 8.32.060(B) of the Rolling Hills Municipal
Code states: "No person shall intentionally throw, deposit, place, leave, maintain or permit to be
thrown, deposited, placed, left or maintained or kept, any refuse, rubbish, garbage, or any other
discarded or abandoned objects, articles or accumulations, on or upon any roadway, driveway, trail,
canyon, storm drain, inlet, catch basin conduit or drainage structure, or upon any private plot of land in
the City, so that the same might be or become a pollutant." (Emphasis added.) Any condition in
violation of Chapter 8.32 is a public nuisance. (Rolling Hills Municipal Code Section
8.32.100(A)(1)(a).)
B. On or about July 13, 2016, City Staff was alerted to the fact that a large amount of
=permitted dirt, rocks, and loose concrete had been deposited and was being stored along the slope of,
and in the canyon adjacent to, certain real property in the City of Rolling Hills commonly known as 38
Portuguese Bend Road (Lot 118-RH) (hereinafter referred to as the "Subject Property"). A visit to the
site revealed that the loose dirt, rocks and concrete pieces being stored along the slope of the Subject
Property and the canyon adjacent thereto had the potential to fall to the bottom of the canyon and
become part of the natural drainage course which leads into the Pacific Ocean. Furthermore, the loose
dirt, rocks and concrete pieces covered the existing vegetation along the slope and canyon, thereby
facilitating potential erosion of the slopes into the canyon. On July 14, 2016, City Staff notified the
owners of the Subject Property, Mr. and Mrs. Steven Wheeler ("Property Owners"), that the storage of
dirt along the slope of the Subject Property and the canyon adjacent thereto was a violation of Rolling
Hills Municipal Code section 8.32.060(B) and requested that they abate this nuisance condition. Despite
Continued attempts to gain the Property Owners' compliance, the dirt, rocks, and loose concrete remain
along the slope of the Subject Property and in the canyon adjacent thereto.
C. On January 18, 2017, the City Manager issued the Property Owners a Notice to Abate
Nuisance (pursuant to Section 8.24.030 of the Rolling Hills Municipal Code); this Notice informed the
Property Owners that the dirt, rocks, and loose concrete being stored along the slope and in the canyon
was a nuisance, and that said items must be removed no later than February 2, 2017. The Property
owners failed to meet the February 2, 2017 deadline.
D. On February 8, 2017 the City Manager issued the Property Owners a second Notice to
Abate Nuisance (pursuant to Section 8.24.030 of the Rolling Hills Municipal Code); this Notice
informed the Property Owners that the dirt, rocks, and loose concrete being stored along the slope and in
the canyon was a nuisance, and that said items must be removed no later than March 9, 2017. This
deadline has passed and the Property Owners have failed to make a good faith effort towards abatement
of the nuisance condition on the Subject Property.
Section 2. Pursuant to Sections 8.24.040 and 8.24.050 of the Rolling Hills Municipal Code,
the City Council conducted a hearing on March 13, 2017, to consider any protest of the Property Owner,
possessor or other interested person regarding the condition of the Subject Property, and the canyon
adjacent thereto.
Section 3. Upon consideration of the staff' report, related documents and the evidence
presented at the time of the hearing, the City Council determines that the property at 38 Portuguese Bend
Road constitutes a condition that is injurious to the public health, safety and welfare by violating Section
8.32.060(B) of the Rolling Hills Municipal Code such that it is a public nuisance pursuant to Chapter
8.24 and Section 8.21.100(AX1)(a) of the Rolling Hills Municipal Code.
Section 4. In accordance with the foregoing, and because it is the duty of property owners to
maintain their properties free of nuisances, the City Council orders that the property owners remove all
of the dirt and rocks that was dumped and is being stored on the pool pad, along the slopes of and in the
Resolution No. 1205 -1-
canyon of the Subject Property within 30 days of the date of this Resolution but no later than April 12,
2017. The pile(s) shall then be covered up. Within 75 days of this Resolution the property owners shall
submit to the Planning Department the necessary documents, applications and fees to be placed on the
Planning Commission's agenda for a request to modify the previous approval, including a Variance
request to keep the dirt for said modification. In the event that the property owners fail to complete the
measures specified above by the above -described deadlines, then within 90 days of this Resolution the
property owners shall remove all of the dirt and rocks that was dumped and is being stored on the pool
pad, along the slopes of and in the canyon of Subject Property and haul it out of the City. If the property
owners file the application for needed entitlements in a timely fashion, a decision by the Planning
Commission or City Council shall be granted within 180 days of this Resolution. If the entitlements are
not granted, then within 210 days of this Resolution the property owners shall remove all of the dirt and
rocks that was dumped and is being stored on the pool pad, along the slopes o1 and in the canyon of the
Subject Property and haul it out of the City. In the event the property owners fail to complete the
measures specified above by the specific dates the City will perform the corrective measures at the
Property Owners' expense as authorized in Section 8.24.060 of the Rolling Hills Municipal Code.
Section 5. lithe nuisance is not abated as specified herein, then the City Manager is directed
to cause the nuisance to be abated by the City, and also is directed to notify the property owner in
writing by certified mail and regular mail of the cost of removal of the nuisance and that payment in full
for removal of the nuisance is due to the City within 10 days of the date of mailing of the notice. If the
total cost of abating the nuisance is not paid to the City within 10 days after the date of the notice, the
City Clerk shall record, in the Office of the County Recorder, a statement of the total balance due to the
City, which shall constitute a lien upon the property.
Section 6. The City Clerk is hereby directed to send a copy of this resolution by certified and
regular mail to the owners of the property located at 38 Portuguese Bend Road.
Section 7. This resolution shall take effect immediately on March 13, 2017.
PASSED, APPROVED AND ADOPTED THIS 13TH DAY OF MARCH, 2017.
ATTEST:
alitaighttf)
Heidi Luce
City Clerk
Resolution No. 1205 -2-
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
The foregoing Resolution No. 1205 entitled:
SS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS DECLARING THE CONDITION OF THE
PROPERTY LOCATED AT 38 PORTUGUESE BEND ROAD TO BE A
PUBLIC NUISANCE AND ORDERING THE ABATEMENT
THEREOF.
was approved and adopted at a regular meeting of the City Council on March 13, 2017, by the following
roll call vote:
AYES: Councilmembers Mirsch, Pieper, Wilson and Mayor Dieringer.
NOES: Councilmember Black.
ABSENT: None.
ABSTAIN: None.
Resolution No. 1205
41.fd tw
Heidi Luce
City Clerk
D
eeest Rallaio geeld
INCORPORATED JANUARY 24, 1957
TO:
FROM:
THROUGH:
SUBJECT:
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.: 9-A
Mtg. Date: 08/14/17
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
YOLANTA SCHWARTZ, PLANNING DIRECTOR
RAYMOND R. CRUZ, CITY MANAGER
DISCUSSION AND POSSIBLE DIRECTION REGARDING
EXTENDING THE MORATORIUM ON THE PROCESSING AND
CONSIDERATION OF APPLICATIONS SOUGHT UNDER THE
PROVISIONS OF CHAPTER 17.26 (VIEW PRESERVATION).
City Council members requested that this topic be agendized for discussion.
BACKGROUND
The adoption of Measure B in March 2013 by the electorate has led to difficulties in the
application of the City's view preservation ordinance (RHMC Chapter 17.26). In the
winter of2017, the City Council has appointed a subcommittee to work collaboratively
with a group of residents to rewrite the view preservation ordinance in order to address
the ambiguities and uncertainties. Since February 2017, the Planning Commission held
several public forums and a public hearing to consider revisions to the ordinance. The
Planning Commission will hold their second public hearing on Tuesday, August 15th.
The Planning Commissions desire is to, as soon as possible, adopt a resolution
containing the new language and recommending to the City Council to adopt an
Ordinance amending the City's current view preservation provisions. However, the
date of adoption of a recommendation to the City Council by the Planning Commission
is not certain. Following the Planning Commission's recommendation of a new
Ordinance, the City Council will be required to hold a minimum of two public hearings
on the subject.
On November 28, 2016, the City Council adopted Ord. No. 348, establishing a
moratorium on acceptance and processing of view applications for 45 days. On January
9, 2017, the Council extended the moratorium for 10 months, 15 days to November 28,
0
2017 with adoption of Ordinance No. 349. Under State law, the moratorium may be
extended one more time for a maximum of one year (through November 27, 2018). The
moratorium may be repealed at any time prior to its expiration.
While the moratorium is in effect, the City will not accept or process view applications.
Once the moratorium expires, the City will be obligated to accept and process view
applications; at that time, the City will process them in accordance with the law then in
effect.
An ordinance proposing repeal of Measure B is scheduled to be considered by the
electorate at a November 7, 2017 special election. If the measure passes, Measure B will
be repealed and the original 1988 view ordinance (with some clean-up made to the
ordinance in 2016) will be in effect, unless the City Council adopts amendments to the
ordinance.
If the measure fails, Measure B will remain in effect; the City Council will be able to
adopt amendments to the view ordinance not in conflict with the provisions added by
Measure B.
ALTERNATIVES
The alternatives available to the City Council include:
1. Direct staff to prepare an ordinance to extend the moratorium, and specify for
how long
2. Provide staff with an alternative direction
NOTIFICATION
Notice of this discussion item was included as an Agenda item in latest City
Newsletter. The agenda and staff report were posted on the City's website, an email
notification of this item was sent to those residents who signed up for automatic
notifications of this topic and all those who participated in the prior discussions on the
view ordinance and Measure B. The staff report and the agenda were also provided to
RHCA.
atc >raiht, qey4
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No: 9-B
Mtg. Date: 08/14/17
TO: HONORABLE MAYOR AND MEMBERS OF
THE CITY COUNCIL
FROM RAYMOND R CRUZ, CITY MANAGER
SUBJECT: DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING
THE PROACTIVE ENFORCEMENT OF THE FIRE FUEL ABATEMENT
ORDINANCE
DATE: AUGUST 14, 2017
ATTACHMENTS:
Fire Fuel Abatement Ordinance
BACKGROUND
At the June 26th City Council meeting, representatives from the Caballeros Equestrian
Club spoke under oral communications of their desire for the City to proactively
enforce the Fire Fuel Abatement Ordinance. They believe that the fire fuels in the
canyons and nearby trails are presently too dense and dry. They believe this condition
is posing as a threat to public safety and if ignited could start a serous wildfire. After
hearing this request, Councilmember Mirsch with the City Council's approval asked
staff to place an agenda item for the August 14th meeting to determine what interest the
City Council has with proactively enforcing the Fire Fuel Abatement Ordinance.
DISCUSSION
The Fire Fuel Abatement Ordinance was adopted by the City Council on November 23,
2015. Although the ordinance prohibits dead vegetation anywhere on a parcel, like
most other ordinance violations, it is only enforced by city staff when there is a
complaint. For some time now, it has been Councilmember Mirsch's desire for the City
to enforce this ordinance in a more proactive manner. Tonight's agenda item will
determine if the City Council has a desire to keep the status quo, or to direct staff on
bringing back options to proactively enforce the Fire Fuel Abatement Ordinance.
It should be clear to the public that this ordinance is different from the LA County Fire
Department's brush clearance ordinance that requires brush to be cleared only within
200 feet of structures. Furthermore, the Fire Fuel Abatement Ordinance has a different
objective than the Community Wildfire Protection Plan that was initiated last summer,
but stalled due to staffing shortages within LA County Fire Department's Forestry
Division.
NOTIFICATION
Members of Caballeros that attended the June 26th City Council meeting and Los
Angeles County Fire Department officials.
RC:yh
PROACTIVE ENFORCEMENT OF FIRE FUEL ORDINANCE[2J. docx
Chapter 8.30 - FIRE FUEL ABATEMENT
Sections:
8.30.010 - Dead trees as public nuisance.
Every person who owns or is in possession of any property, place or area within the boundaries of the
City shall, at his or her own expense, maintain the property, place or area free from any dead tree, shrub
or other plant. Any dead tree, shrub or other plant located on any property in the City is hereby declared
to be a public nuisance.
(Ord. No. 345, § 2, 11-23-2015)
8.30.020 - Abatement.
Any condition declared to be a public nuisance by Section 8.30.010 shall be abated or corrected in
accordance with the provisions of Chapter 8.24.
(Ord. No. 345, § 2, 11-23-2015)
Agenda Item No: 9-E
Mtg. Date: 08/14/17
AGN. NP.
MOTION BY SUPERVISORS KATHRYN BARGER August 15, 2017
AND JANICE HAHN
Blue Ribbon Commission on Public Safety:
improving Rehabilitation -and Public Safety Outcomes
.On February 21, 2017, the Board unanimously approved a motion by Supervisors Barger
and Hahn asking the Chief Executive Officer to report back and provide background
information on the death of Officer Keith Boyer from the Whittier Police Department, who
was shot and killed on February 20, 2017.
Specifically, the motion asked for a review of: 1) a comprehensive criminal history of the
gunman; 2) an analysis of the gunman's involvement with the state parole system, probation
supervision, including revocations; and, 3) a comprehensive review of policies and
procedures to help identify risk factors and recommendations, as needed, in order to ensure
the highest level of public safety.
The motion sought to fully understand the facts surrounding the death of Officer Boyer and
how initiatives and public safety legislation may have created unintended consequences and
placed the safety of our residents and first responders at great risk. The legislation and
policies in questions are: AB109 — The Public Safety Realignment Act; Proposition 47 — The
Safe Neighborhoods and Schools Act and Proposition 57 — The Public Safety and
Rehabilitation Act of 2016.
BACKGROUND
The Public Safety Realignment Act - ABIOS
In May 2011, a ruling by a panel of Federal Court judges mandated the State to reduce the
prison population. During the same period of time, the State was facing a fiscal crisis. In
response to both, Governor Jerry Brown enacted AB109 — The Public Safety Realignment
Act, effective October 2011. Funded by the State, AB109 consists of three major public
safety changes:
— MORE
MOTION
SOLIS
KUEHL
HAHN
BARGER
RIDLEY THOMAS
MOTION BY SUPERVISORS KATHRYN BARGER AND JANICE HAHN
August 15, 2017
Page 2
1) Post Release Community Supervision (PRCS): It created a new community
supervision program known as "Post Release Community Supervision" which shifted
the responsibility of supervision of certain offenders from the State (parole) to the
counties (probation). In order to qualify for PRCS, the last offense for which the
inmate was sentenced must qualify as a non -serious, non-violent, non -sexual offense
(N3).
2) Prison De -crowding: It shifted incarceration from State prison to county jail for
offenders with N3 convictions with no prior N3 convictions.
3) Parole Violators: It permanently shifted the incarceration of parole violators from
State prison to county jails.
AB109 also provided funding to support local public safety programs intended to reduce
recidivism through effective rehabilitation, including services for mental health, substance
abuse, job training/placement, and housing assistance. This funding was essentially an
incentive to local probation departments to keep people out of jail and out of prison by
providing them with programming to increase the possibility of their successful re-entry into
our communities.
While the State largely succeeded in its goal of reducing prison overcrowding, some
counties, including Los Angeles, experienced overcrowding in their own jails. As a result, Los
Angeles County inmates (non-AB109) were (and still are) released early to make room for
the N3's coming into our jails.
The Safe Neighborhoods and Schools Act — Proposition 47 (Prop 47)
In November 2014, California voters approved Proposition 47, the Safe Neighborhoods and
Schools Act (Prop 47). Prop 47 went into effect immediately and reduced certain felonies to
misdemeanors unless the defendant had prior convictions for murder, rape, certain sex
offenses or certain gun crimes. Prop 47 also allowed for re -sentencing of those inmates
currently serving a prison sentence for any of the offenses now deemed misdemeanors
under Prop 47.
Under Prop 47, the following felony offenses became misdemeanors for values not
exceeding $950:
• Forgery
• Passing bad checks
• Receiving stolen property
® Grand theft
O Felony grand theft
b Theft of afire arm
9 Possession of a controlled substance (i.e., cocaine, heroin, and methamphetamine)
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MOTION BY SUPERVISORS KATHRYN BARGER AND JANICE HAHN
August 15, 2017
Page 3
The overarching goal of Prop 47 was to allow for the release of certain types of offenders,
moving them from incarceration into rehabilitation, in order to allow the jails to keep other
more serious and dangerous offenders in custody for closer to the full term of their imposed
sentences. For those who had felony convictions on their record, it was intended to
eliminate barriers to leading. productive lives, such as access to housing and employment.
The Public Safety and Rehabilitation Act - Proposition 57— (Prop 57)
Most recently, in November 2016, voters approved Proposition 57 — The Public Safety and
Rehabilitation Act (Prop 57). It provides for the following:
g Allows parole consideration for persons convicted of certain felonies upon completion
of their prison sentence for their primary offense.
Q Authorizes 'Department of Corrections and Rehabilitation to award sentence credits
for rehabilitation, good behavior, or educational achievements.
Requires Department of Corrections and Rehabilitation to adopt regulations to
implement new parole and sentence credit provisions and certify they enhance public
safety.
a Provides that juvenile court judges, rather than prosecutors, shall determine whether
juveniles aged 14 years and older should be prosecuted and sentenced as adults for
specified offenses.
As of June 1, 2017, the State has begun to create an inventory of inmates who may qualify
for a Prop 57 release and as of July 1, 2017, approximately 600 inmates are slated for
release from State prisons.
The goal of Prop 57 is to allow for early release of inmates who earn credits for completing,
among other things, educational goals or demonstrate good behavior upon completion of
their term on the primary sentence.
Each of these criminal justice policies, (AB109, Prop 47 and Prop 57) has or will have
impacts on our communities. As mentioned above, numerous studies have been
commissioned to ascertain the individual and collective outcomes and their impact on
society, law enforcement, jails, and victims. However, there is no current consensus on how
to best achieve the highest level of public safety and improve outcomes for offenders. These
goals are the catalyst of much debate, both county- and state-wide.
The February 21, 2017 motion by Supervisors Barger and Hahn focused largely on
investigating the history of the gunman, his involvement in the justice system, and public
safety policies.
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MOTION BY SUPERVISORS KATHRYN BARGER AND JANICE HAHN
August 15, 2017
Page 4
illovinq Forward:
We must now explore a more comprehensive and holistic understanding that will deliver
lasting solutions to restore the lives of the individuals entangled in the justice system. It is
also critical that we deliver lasting solutions to respond to the challenges associated with
recent public safety initiatives so that we can provide effective rehabilitation and re-entry
programs as well as the highest level of public safety that can be afforded to those who
reside in Los Angeles County.
Lastly, these efforts must also include an understanding of the challenges experienced by
law enforcement agencies and all first responders so that their safety and effectiveness may
be maximized.
Extensive work has already been accomplished by various Departments and workgroups
within the County. Much of this work continues, including that underway by the Public Safety
Realignment Team (PSRT), the Justice Metrics Workgroup, and the Probation Department's
Critical Incident Review Team (CIRT).
Building upon these efforts will enable the Board to lead our County to achieve meaningful
and thoughtful reforms to both advance rehabilitation and also protect public safety; goals
that are not mutually exclusive.
In order to achieve these ambitious goals, we must work collaboratively with regional elected
and appointed leaders, service and treatment providers, justice partners and advocates, as
well as labor organizations. This process must be inclusive and consider all perspectives as
we critically examine the challenges and opportunities for the County to adequately deliver
meaningful assistance to the incarcerated and those involved with the criminal justice
system. We must also provide the necessary tools to our law enforcement partners and first
responders to sustain safe and thriving communities.
WE, THEREFORE, MOVE THAT THE BOARD OF SUPERVISORS:
1) Establish a Blue Ribbon Commission on Public Safety comprised of:
a. An appointee from each of the Board offices — (5)
b. A representative from the Los Angeles County Police Chiefs' Association — (1)
c. A representative from the League of California Cities Association (LCC) — (1)
d. A representative from the California State Association of Counties (CSAC) —
(1)
e. A representative from the Los Angeles Regional Reentry Partnership
(LARRP), the Office of Diversion and Re-entry, the Departments of Mental
Health and Public Health — (4)
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\�J
MOTION BY SUPERVISORS KATHRYN BARGER AND JANICE HAHN
August 15, 2017
Page 5
f. A representative from the following justice partners: the Los Angeles County
Sheriff's Department, the District Attomey's Office, Los Angeles Police
Department, the Probation Department, the Califomia Department of
Corrections and Rehabilitation, the Superior Court, the Public Defender's
Office, the Alternate Public Defender's Office, and Labor -Law Enforcement
Community — (9)
2) Direct the Blue Ribbon Commission to:
a. Be staffed by the Countywide Criminal Justice Coordination Committee
(CCJCC) with any additional support needed from other county departments,
including the Chief Executive Office and County Counsel;
b. Be co-chaired by the Probation Chief and the District Attomey's Office;
c. Work with Departments to conduct a robust and in-depth analysis of
department -specific strategies, challenges, and opportunities presented by
AB109, Prop 47, and Prop 57 including but not limited to:
i. Working with all stakeholders to recommend model programs and best
practices to achieve successful outcomes for the justice involved
population;
ii. An analysis of violent crimes that may be considered for inclusion under
the California Constitution Section 32, Article 1 along with an outline of the
steps necessary to accomplish this change;
iii. Enhancing the exchange of information shared between CDCR and the
Probation Department by building on the relationship already established
and developing and training Probation staff on a list of "key" terms used in
CDCR documents to ensure accurate understanding of their clients'
complete risk and needs;
iv. Developing clear policies and procedures for meaningful revocation and
flash incarceration for the Post Release Community Supervision (PRCS)
program;
v. Conducting a focused study of randomly selected "very high risk" AB 109
Post -Release Supervised persons to identify successes and challenges of
supervision, based on factors such as participation and compliance during
PRCS, and providing recommendations to improve treatment outcomes
and enhance public safety;
vi. Conducting an analysis of the top 100 misdemeanants under Prop 47 with
the highest recidivism rates and providing recommendations to improve
rehabilitative services as well as options for detention; and
vii. Developing a matrix to track the recidivism rate of those released under
Prop 57 and incorporating the findings into Probation's quarterly AB -109
report.
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MOTION BY SUPERVISORS KATHRYN BARGER AND JANICE HAHN
August 15, 2017
Page 6
d. The Commission should also consult with and consider other relevant
stakeholders and studies for a holistic perspective, including:
i. Crime trends, impacts on victims and local jails, as well as challenges for
law enforcement partners;
ii. The County's Justice Metrics workgroup and the Public Safety
Realignment Team (PSRT); and,
iii. The Public Policy Institute of California for their study of AB 109
commissioned by the State.
3) Provide a written status report to the Board every 90 days with the final report due in
1 year. Each status report should include a list of immediate, short and long term
recommendations to allow ongoing improvements and modifications to our practices,
policies and procedures; and,
4) The Blue Ribbon Commission on Public Safety shall sunset upon the issuance of
their final report.
# # #
KB:sed
Ra 'of qeeli
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.: 10-A
Mtg. Date: 08/14/17
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: RAYMOND R. CRUZ, CITY MANAGER I44"
JULIA STEWART, ASSISTANT PLANNER S
SUBJECT: DISCUSSION AND POSSIBLE DIRECTION CONCERNING THE
CITY OF ROLLING HILLS PARTICPATING IN A COMMUNITY
CHOICE AGGREGATION (CCA) PROGRAM TO PROVIDE
RESIDENTS FUTURE ENERGY OPTIONS
DATE: AUGUST 14, 2017
Attachment:
Foothill Tax Payers Association, 7/20/2017 Letter
BACKGROUND
The Reason for CCAs
In 2006, the California Legislature adopted AB 32 which required cities to reduce
greenhouse gas emissions (GHGs) to 1990 levels the year 2020. Many cities were having
difficulty reducing GHGs to previous levels because the local municipalities did not
have control over the electric energy options used to power their residents' homes,
businesses, and public facilities. Solutions to this issue were considered and the Public
Utilities Code authorized the creation of community choice aggregation programs or
CCAs.
What are CCAs
Community Choice Aggregation (CCA) programs are authorities that enable a city to
decide the percentage of what type of electric power will be supplied by to users within
the city (i.e. coal fueled power plants, nuclear fueled power plants, natural gas fueled
power plants, solar facilities, geo-thermal facilities and/or wind facilities). There are
three types of CCAs that are current options to cities within California.
1) Individual City - A city can create its own CCA and operate exclusively on its own.
2) Regional JPA - A regional joint powers authority (JPA) can be created in an area,
typically geographical, whereby the JPA of the region operates collectively to make
energy decisions. There is currently a South Bay area regional JPA in the process of
being formed.
3) County JPA - There is a Los Angeles County Community Choice joint power
authority that is also in the process of being formed by cities throughout the County of
Los Angeles. Currently, the City of Rolling Hills Estates and the City of South Pasadena
are among the first members.
DISCUSSION
How Each CCA Differs
There are advantages and disadvantages to each type of CCA. When an individual city
acts as its own CCA it has complete authority over how power is delivered. It also bears
complete responsibility for the operation of the CCA, requiring significant staff time
and resources, and is responsible for ensuring it functions properly to deliver energy to
its inhabitants.
Regional JPAs are attractive to many cities because jobs created by the energy service
delivery can be directed to local providers. This is a positive economic development
benefit. Also, with a smaller JPA, as many Regional JPA CCAs appear to be, there is
more authority to make decisions about what type of energy will be used. This is
beneficial when attempting to meet the GHG goals set forth by the State.
The LACCE JPA is attractive because it has the ability to lower energy rates for
residents and if residents feel strongly about wanting to use more (or less) of certain
types of renewable energy, they have the ability to individually decide on different
energy plan options including staying with their current provider, Edison, with no
changes. It would be the responsibility of the resident to opt out of the City option but,
ultimately, the choice would be completely in the hands of each individual resident.
Because the City of Rolling Hills already has lower GHGs and does not need to direct
jobs to inhabitants of the city, lowering energy rates becomes a greater priority.
Therefore, the LACCE option offers the ability to lower rates without a enormous
participation commitment which is more challenging for a small city staff. Therefore,
staff has concluded that the LACCE appears to present the greatest opportunity for
participation as a CCA while meeting residents needs.
Potential Risks
There are some risks associated with participation in a CCA. Any participation in a joint
power authority will require some commitment of staff time. Because some of the
details of operations are being decided, it is not clear if there would be any exit costs
should the City at a future time decide to leave the joint power authority.
There would be no risk in losing power delivery. Edison would still provide the power
through existing utilities. But the City would then be in a position to decide what mix of
energy was being provided.
Pending state legislation
The attached letter from the Foothill Tax Payers Association expresses concern about
AB 1110 which has to do with reporting requirements associated with the energy mix
by users. However, that legislation is related to retail businesses and would not affect
the City of Rolling Hills.
FISCAL IMPACT
No Impact to the City
Los Angeles County Supervisors were interested in helping cities in the County to
participate in decisions regarding delivery of renewable energy. So, they approved $10
million as a 0% loan that is paid back in one year by the LACCE once it is established.
That means there is no start up costs for the City to join and there is no risk to the City
itself because the JPA, not the City, is responsible for the loan. Any failure on the part of
the JPA to repay the loan would not become the responsibility of the City. However, it
is only free to join the CCA if a City does so by December 31, 2017. Further, joining the
LACCE in the first phase will enable the City of Rolling Hills to have a representative
on the board with each vote of the board members being weighed equally. Therefore, if
the City wants to join the County CCA, the City Council needs to move forward soon.
NEXT STEPS
LACCE presentation
This staff report was to give you a very general overview of what a CCA is and the
options the City has to join one. If the City Council has any interest in the concept, it is
recommended that the City Council direct staff to bring a member of the organizing
entity of the LACCE to present to the City Council at the next meeting so that City
Council Members can learn more details about how the LACCE might work within the
City.
July 20, 2017
All Cities/Towns in the State of California
City/Towns Councils
Dear Honorable City/Town Councilmembers,
The Foothill Tax Pavers Association has been monitoring the Community Change Aggregation
(CCA) frenzy, sweeping California. In the interest of Tax Pavers, we came across this
information and decided to pass it along to you, in case you have or are considering setting up
or joining a CCA.
The exit fees and the AB 1110 anti-REC legislation will drive up the costs from your original
proposals. We ask that you delay your decisions until these unknowns are cleared up. Carefully
consider because the Tax Pavers will pay the price if you make the wrong choice! The letter
states that JPA financial firewall will not protect in this matter.
Regards,
Linnie Drolet
Foothill Tax Pavers Association