09-24-2018 MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, SEPTEMBER 24,2018
1. CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Wilson at
7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
2. ROLL CALL
Councilmembers Present: Black, Dieringer, Mirsch, Pieper and Mayor Wilson.
Councilmembers Absent: None.
Others Present: Elaine Jeng, P.E., City Manager.
Mike Jenkins, City Attorney.
Yolanta Schwartz, Planning Director
Yvette Hall, City Clerk.
John Resich, 8 Outrider Road.
Alfred Visco, 15 Cinchring Road.
Lauren Sharng, 25 Caballeros Road.
Terry Shea, Finance Director.
3. OPEN AGENDA -PUBLIC COMMENT WELCOME
None.
4. CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any Councilmember may
request retnoval of any item f�om the Consent Calendar causing it to be considered under Council
Actions.
A. Payment of Bills.
RECOMMENDATION: Approve as presented.
B. Republic Services Recycling Tonnage Report for August 2018.
RECOMMENDATION: Approve as presented.
C. Financial Statements for the Months of June, July and August 2418.
RECOMMENDATION: Approve as presented.
D. Authorization for the City Manager to Execute an Agreement with Konica Minolta
Business Solutions to Purchase a Konica Minolta Bizhub C759 Multifunction Color
Copier/Printer/Scanner and to Sign a Maintenance Service Agreement to Service the
Copier.
RECOMMENDATION: Approve as presented.
Councilmember Pieper moved that the City Council approve the items on the consent calendar as
presented. Councilmember Mirsch seconded the motion, which carried without objection as follows:
AYES: COLTNCILMEMBERS: Black, Dieringer, Mirsch and Wilson.
NOES: COUNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
PRESENTATION
INTRODUCTION OF NEW CITY MANAGER, ELAINE JENG, P.E.
Mayor Wilson introduced City Manager Elaine Jeng, P.E. and welcomed her to the City.
Mayor Wilson thanked Yolanta Schwartz for her service to the City as Interim City Manager.
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Mayor Wilson thanked Julia Stewart for her service to the City as Acting Planning Director.
City Manager Jeng expressed her appreciation to the City Council and staff for the warm welcome she has
received.
Mayor Wilson called a recess at 7:05 p.m. The meeting reconvened at 7:13 p.m. with all Councilmembers
present.
Mayor Wilson requested that Agenda Item No. 10.A. be taken out of order at ihis time. There were no
objections from the City Council.
10. MATTERS FROM STAFF
A. QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER
ENDING JCTNE 30, 2018.
Finance Director Shea presented the staff report for the quarter ending June 30, 2018. He indicated that
cash is down because a payment is made to Republic Services, Inc. in July for half of the year. He
compared last year's fourth quarter interest with this year's fourth quarter interest, noting the annual
interest budget for FY 2017/18 was $57,000 and the City received $89,922 in interest, and for the prior
year 2016/17, the annual budget was $30,475 and the City received $38,948 in interest. Finance Director
Shea indicated that at the end of the year the City was at 158 percent of the budget.
Discussion ensued among staff and the City Councilmembers concerning the California Public
Employees' Retirement System's (Ca1PERS) California Employers' Retiree Benefit Trust (CERBT)
Strategy 1 Other Post Employment Benefits (OPEB) Irrevocable Trust liability.
In response to Mayor Wilson's question, Finance Director Shea confirmed that Republic Services, Inc. is
paid by the City twice a year in the arrears.
Discussion ensued among staff and the City Councilmembers regarding Republic Services, Inc.'s billing
process and modifications to the current system.
Following staff's presentation, Councilmember Black moved that the City Council receive and file the
quarterly investment report for the quarter ending June 30, 2018. Councilmember Pieper seconded the
motion,which carried without objection by a voice vote as follows:
AYES: COUNCILMEMBERS: Black, Dieringer, Mirsch, Pieper and Wilson.
NOES: COLJNCILMEMBERS: None.
ABSENT: COLJNCILMEMBERS: None.
ABSTAIN: COiJNCILMEMBERS: None.
5. COMMISSION ITEMS
A. RESOLUTION NO. 2018-08 A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN
REVIEW, CONDITIONAL USE PERMIT, AND VARIANCES TO CONSTRUCT A
NEW 1,325 SQUARE FOOT DETACHED GARAGE, TO BE LOCATED IN THE
FRONT YARD WITH 490 CUBIC YARDS OF GRADING; TO EXCEED THE
MAXIMUM PERMITTED DISTURBANCE OF THE LOT; AND FOR MINOR
ADDITIONS TO THE RESIDENCE AT 38 PORTUGUESE BEND ROAD IN ZONING
CASE NO. 940, (LOT 18-RH)ROLLING HILLS, CA(WHEELER).
Mayor Wilson introduced the item and asked for the staff report. Senior Planner Stewart presented the
staff report and stated that this was a request for a Resolution of Approval for 38 Portuguese Bend Road.
She stated that the project includes a garage conversion, a residential remodel, a new detached garage and
requires a Site Plan Review, Conditional Use Permit and Variances. She stated that the project is subject
to a Site Plan Review based on the grading, residential addition and the garage conversion. She reviewed
the project elements which include the portion of the garage that is going to be converted into a gym with
a small addition of 30 square feet on the front, enclosure of the breezeway, new porte cochere over the
entry point, grading, proposed detached gaxage, screening of the footing, screening of the back area of the
garage and elevation. Senior Planner Stewa.rt stated that the property is close to the 40% maximum
allowance for disturbance, which includes the stable and corral set aside area. She indicated that the lot
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coverages are acceptable under the municipal code and that there will be no dirt export from the project.
She noted items of interest for this property which include a "no further development designation" and
that it has two previous code enforcement issues related to haxdscape and a pool pad; therefore, in the
Resolution of Approval there axe special conditions included that require the owners to complete the
issues of nonconformity and illegal conditions prior to any construction on the project. She stated that a
number of comments were received from surrounding neighbors related to concerns with the grading that
is already taking place as part of the clearing up of the previous code enforcement issues. She noted that
the Planning Commission (PC) was invited to visit the adjacent property to view the work that is being
done and the proposed work, which they did during their field trip. Senior Planner Stewart stated that the
project is categorically exempt from the California Environmental Quality Act (CEQA) and that the
findings for the Resolution are identified in the staff report.
Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No.
2018-OS granting approval of the applicant's request in Zoning Case No. 940 at 38 Portuguese Bend Road.
Mayor Pro Tem Mirsch seconded the motion,which carried without objection by a voice vote as follows:
AYES: COUNCILMEMBERS: Black,Dieringer, Mirsch,Pieper and Wilson.
NOES: COUNCILMEMBERS: None.
ABSENT: COLTNCILMEMBERS: None.
ABSTAIN: COiTNCILMEMBERS: None.
B. RESOLUTION NO. 2018-09 A RESOLUTI�N OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS AUTHORIZING A LOT LINE ADNSTMENT
BETWEEN TWO LOTS AT 0 BUGGY WHIP DRIVE (LOT 175-A-2-MS) AND 25
CREST ROAD WEST (LOT 175-A-1-MS) IN ZONIl�TG CASE NO. 944 (CZYZYI� /
CHANDRAN).
Mayor Wilson introduced the item and asked for the staff report. Councilmember Dieringer recused
herself from consideration of the project due to the proximity of her property to the subject project.
Senior Planner Stewart presented the staff report. She indicated that the project is a Resolution of
Approval for a lot line adjustment between 0 Buggy Whip Drive and 25 Crest Road West. She stated that
0 Buggy Whip is a flag lot that will have an increase in the driveway area and increase in the property area
for the adjacent property at 25 Crest Road West. She stated that the lot line adjustment also requires
Variances because both properties are in a RAS-2 zoning district but have less than the required minimum
net lot area for RAS-2 zone and are being altered. She stated that 0 Buggy Whip has an insufficient width
along the roadway easement and explained that the code requires 1501inear feet width. She stated there is
also a decrease in one of the properties that affects the net lot size. She indicated there will be a new
setback encroachment on 25 Crest Road West due to the change in the boundaries. Senior Planner
Stewart explained that 0 Buggy Whip is losing five square feet of gross area and 25 Crest Road West is
gaining five square feet of gross area.
Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No.
2018-09 granting approval of the applicant's request in Zoning Case No. 944 at 0 Buggy Whip Drive and
25 Crest Road West. Councilmember Black seconded the motion, which carried by a voice vote as
follows:
AYES: COUNCILMEMBERS: Black,Mirsch, Pieper and Wilson.
NOES: COUNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
ABSTAIN: COIJNCILMEMBERS: Dieringer.
Councilmember Dieringer returned to the dais.
C. RESULUTION NO. 2018-10 A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN
REVIEW AND CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A 2,124
SQUARE FOOT MIXED-USE STRUCTURE AND 779 CUBIC YARDS OF GRADING
1N ZONING CASE NO. 934 AT 8 CREST ROAD EAST, (LOT 192-A-2-MS)
ROLLING HILLS, CA(JOHN TU).
Mayor Wilson introduced the item and asked for the staff report. Mayor Pro Tem Mirsch recused herself
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from consideration of the project due to the proximity of her property to the project.
Senior Planner Stewart stated that the project is a mixed-use structure with grading at 8 Crest Road East.
She stated that the project consists of 2,124 square feet. She stated that under a previous permit a new
house is under construction on the property. She showed the proposed area of the new project. She
indicated that the garage is 1,578 square feet and a storage area consisted of 546 square feet. She stated
that the project also requires grading to recess a portion of the structure into the hillside and that the
driveway area is permeable and at grade. She stated that the project has to undergo a Site Plan Review
because of the grading and requires a Conditional Use Permit because of the mixed-use structure. Senior
Planner Stewart stated that the project underwent multiple iterations of the design. She noted that when
the project went before the Rolling Hills Community Association (RHCA)Architectural Committee (AC),
the AC requested a design that more closely matched the existing design of the house. Senior Planner
Stewart stated the applicant made major changes to the exterior; therefore, the design now matches the
design of the house. She indicated that there were several comments received from residents expressing
concern with the new design; however, they were aware that the design was approved by the AC. She
reviewed the mixed-use structure layout and noted the pad coverage is under the acceptable limits. Senior
Planner Stewart indicated that the only excavation for the property is under the previously approved
basement excavation and that 91 percent of the lot was previously disturbed; therefore, the applicant is
working withir� the existing disturbance. Senior Planner Stewart stated that the project is categorically
exempt from CEQA and that the findings for the project are identified in the staff report.
In response to Mayor Wilson's question regarding the disturbance of the lot at 91 percent, Planning
Director Schwartz responded that when the streets of Georgeff Road and Crest Road were built, that this
particular lot and some of the others in the area, had to be graded. She explained that staff verified
through the Los Angeles County Building Department that the lot had been previously disturbed as
evidenced by the way it is terraced and having flat areas in between the slopes.
Councilmember Black provided the history of the property and indicated that it has been graded ever since
it was first built. He commented that the mixed use structure is more prominent than the house.
In response to Councilmember Dieringer's question, Senior Planner Stewart confirmed that the coverage
calculations do not include the basement of the new house.
In response to Councilmember's Dieringer's question, Senior Planner Stewart clarified that the new house
construction included an attached garage and that this request is for an additional garage.
Discussion ensued among the City Councilmembers regarding the requirements to underground utilities.
Councilmember Black moved that the City Council receive and file Planning Commission Resolution No.
2018-10 granting approval of the applicant's request in Zoning Case No. 934 at 8 Crest Road East.
Councilmember Pieper seconded the motion,which carried by a voice vote as follows:
AYES: COLTNCILMEMBERS: Black,Dieringer,Pieper and Wilson.
NOES: COIJNCILMEMBERS: None.
ABSENT: COLJNCILMEMBERS: None.
ABSTAIN: COLTNCILMEMBERS: Mirsch.
Mayor Pro Tem Mirsch returned to the dais.
D. RESOLUTION NO. 2018-11 A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS AUTHORIZING A LOT LINE ADJUSTMENT
BEWTEEN TWO LOTS AT 3 MIDDLERIDGE LANE NORTH (PORTIONS OF LOT
11-MR)AND 6 MIDDLERIDGE LANE NORTH(PORTIONS OF LOTS 12, 13, 14,
AND 15-MR) TO ALTER THE LOTS BY 51,624 SQUARE FEET AND GRANTING A
SITE PLAN AND VARIANCE IN ZONING CASE NO. 945, (TILLES / WILSON
FAMII,Y TRUST).
Senior Planner Stewart stated that the request is for a Resolution of Approval for a lot line adjustment
between 3 Middleridge Lane North and 6 Middleridge Lane North. She explained the request for the lot
line adjustment was partially motivated by the property owner because 6 Middleridge Lane North is
completely built out and the portion of the property being transferred is located across the street from 6
Middleridge Lane North and is contiguous to 3 Middleridge Lane North. She indicated there is also a
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Variance required for the project. She noted that 3 Middleridge Lane North is within an overlay zone that
allows for reduced setback areas; therefore, the applicant is proposing a lot line adjustment that attaches a
portion of a lot that is in a different zone. She indicated the applicant has requested a zoning map
amendment which staff is including as part of this process; however, the zoning map amendment will
occur under a different process which staff will bring back at a future time. Senior Planner 5tewart stated
that the project does create additional disturbance on 6 Middleridge Lane North, thus, the applicant is
proposing a Variance to allow for 46.3 percent disturbance. Senior Planner Stewart stated that staff did
not receive any public comments for this project. Senior Planner Stewart stated that the project is
categorically exempt from CEQA and that the findings for the project are identified in the staff report.
Councilmember Black moved that the City Council receive and file Planning Commission Resolution No.
2018-11 granting approval of the applicant's request in Zoning Case No: 945 at 3 Middleridge Lane North
and 6 Middleridge Lane North. Councilmember Pieper seconded the motion.
In response to Councilmember Dieringer's question, Planning Director Schwartz clarified that l�oth
properties are in the RAS-1 Zone,but only one, 3 Middleridge Lane North, is in the RAS-1 Overlay Zone.
The portion of 6 Middleridge Lane North that is being transferred to 3 Middleridge Lane North is
contiguous to an overlay zone lot and is across the street from the 6 Middleridge Lane North lot. Planning
Director Schwartz stated that the zoning map amendment that will need to be processed could be either to
re-zone the transferred portion of the 6 Middleridge Lane North lot to be consistent with 3 Middleridge
Lane North, which would be in the overlay zone, or remove the 3 Middleridge Lane North lot out of the
overlay zone altogether. She indicated that currently there exists a front yard encroachment with the
house at 3 Middleridge Lane North, which is allowed under the overlay zoning, but not if the lot was
removed from the overlay zone. She further stated that in the overlay zone, the front yard setback is
measured 30' from the roadway easement line; and if the 3 Middleridge Lane North lot was remaved from
the overlay zone, it would create a front setback non-conformity on that lot. She fi�rther explained that in
the overlay zone the side yard setbacks must be 20' from the side property lines for new construction;just
like in any other RAS-1 zoning district. She explained that in an overlay zone, if an existing house
encroaches into the front or side setback; when it is demolished and reconstructed the new side setback
must be 20' but the front setback could be 30' from the roadway easement line".
T'he motion carried by a voice vote as follows:
AYES: COiJNCILMEMBERS: Black, Dieringer, Mirsch,Pieper and Wilson.
NOES: COiTNCILMEMBER5: None.
ABSENT: COLINCILMEMBERS: None.
ABSTAIN: COLTNCILMEMBERS: None.
6. PUBLIC HEARINGS
None.
7. OLD BUSINESS
None.
8. NEW BUSINESS
A. CONSIDERATION OF A REQUEST FOR A CONTRIBUTION OF CITY UTILITY
FUNDS TOWARDS THE COST ASSOCIATED WITH REMOVAL OF A UTILITY
POLE AT 38 SADDLEBACK ROAD.
Planning Director Schwartz presented the staff report. She stated that the owner of 38 Saddleback Road
recently built a new home and have undergrounded their own utility lines as required; however, they have
a utility pole that is right in the middle of their property in between two properties, 36 Saddleback Road
and 38 Saddleback Road. She stated that the owners of 38 Saddleback Road feel the utility pole is an
eyesore because it is made of wood with a transformer that continually pops and is a hazard. She stated
that the residents at 34 Saddleback Road and 36 Saddleback Road have been experiencing Internet and
phone service issues with the wooden utility pole. She stated that the owners at 38 Saddleback Road are
in the process of removing the pole and discussed the removal with both property owners at 34
Saddleback Road and 36 Saddleback Road. She indicated that the owners at 34 Saddleback Road are in
the process of undergrounding their utilities and a replacement pole will be set further down in the canyon
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that is made of composite material, not wood, and will be a better quality pole. Planning Director
Schwartz stated that the owner of 38 Saddleback Road is requesting financial assistance from the City to
pay for the removal of the pole and did not specify an amount they would like to receive. She stated that
letters of support have been received from the owners at 34 Saddleback Road and 36 Saddleback Road.
Planning Director Schwartz indicated that the owners at 38 Saddleback Road are paying for all the
improvements, which totals approximately $33,000, of which $22,954 is for Southern California Edison,
Cox Cable and Frontier's design of the project. She stated that the City Council has provided assistance in
the past to other residents to remove a single pole. She provided the history of the establishment of a
utility fund for the purpose of assisting residents who were potentially creating an assessment district, but
that to date no assessment district came to fruition. Planning Director Schwartz stated that the City
Council has been encouraging residents to underground their utilities. Planning Director Schwartz noted
that the City Council allocated a contribution of$5,300 to residents on Meadowlark Lane and $9,000 was
contributed to residents on Hackamore Road.
In response to Councilmember Pieper's question, Planning Director Schwartz clarified that the location of
the subject pole was in the easement between the two properties of 34 Saddleback Road and 38
Saddleback Road.
In response to Mayor Wilson's inquiry, Planning Director Schwartz stated that the RHCA contributed
$3,295 towards the pole removal.
Mayor Wilson called for public comment. Hearing none,Mayor Wilson closed public comments.
Councilmember Pieper suggested a contribution of $2,500 per residence if the project is for multiple
residences.
Discussion followed among the Councilmembers and staff regarding the location of the subject utility
pole.
Councilmember Pieper moved that the City Council contribute $2,500 per residence for a total of$5,000.
The motion failed due to a lack of a second.
Councilmember Dieringer moved that the City Council contribute $3,295 in City funds towards the
removal of a utility pole at 38 Saddleback Road to match the amount the RHCA contributed.
Councilmember Pieper seconded the motion.
Councilmember Black stated that he does not think the removal of the pole benefits 36 Saddleback Road.
Planning Director Schwartz stated that the owner of 36 Saddleback Road submitted a letter of support for
removal of the pole and stated that it would benefit them.
Assistant City Attorney Abzug advised that as long as more than one property owner benefits from the
contribution it is not considered a gift of public funds
The motion carried by a voice vote as follows:
AYES: COUNCILMEMBERS: Dieringer, Mirsch,Pieper and Wilson.
NOES: COUNCILMEMBERS: Black.
ABSENT: COiTNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
B. CONSIDERATION OF APPROVAL OF PROFESSIONAL SERVICES AGREEMENT
WITH WILLDAN ENGINEERING FOR PREPARATION OF DOCUMENTS AND
PROCESSING OF A SEWER LINE PROJECT IN ORDER TO TRANSFER A
MLTNICIPAL SEWER FACILITY TO THE LA COUNTY CONSOLIDATED SEWER
MAINTENANCE DISTRICT(CSMD).
Mayor Wilson introduced the item and asked for the staff report. Planning Director Schwartz stated the
item is a request to enter into an agreement with Willdan Fngineering in the amount of$2,930 to prepare
documents for annexation of a sewer line project along Johns Canyon Road to the Los Angeles County
Consolidated Sewer Maintenance District (LACCSMD). Planning Director Schwartz indicated that the
sanitary sewer line was constructed by a private resident, Mr. Richard Colyear, along John's Canyon Road
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to serve three residents via lateral at 35 Crest Road West, 2 Johns Canyon and 8 Johns Canyon Road. She
explained that each time there is construction of a sewer line, documents and legal descriptions need to be
processed for the LACCSNID to accept it for maintenance. Planning Director Schwartz further stated that
the request is to have Willdan Engineering research new regulations that have been instituted by the
LACCSMD for staff to prepare documents for the City Council to adopt resolutions to forward the project
for maintenance to the LACCSMD. Planning Director Schwartz indicated that Mr. Colyear is offering to
reimburse the City for half of the consultant service fees in the amount $1,465.
Councilmember Black moved that the City Council approve the agreement with Willdan Engineering in
the amount of$2,930 for the preparation of documents in order to annex a sewer line project along Johns
Canyon Road to the Los Angeles County Consolidated Sewer Maintenance District and accept Mr.
Richard Colyear's offer to reimburse the City for half of Willdan Engineering's fees in the amount of
$1,465. Councilmember Dieringer seconded the motion,which carried by a voice vote as follows:
AYES: COUNCILMEMBERS: Black, Dieringer, Mirsch,Pieper and Wilson.
NOES: COUNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
A. CLARIFICATION OF DEAD VEGETATION CLEARANCE ON STEEP SLOPES AND
POSSIBLE AMENDMENT TO FIRE FUEL ORDINANCE (ROLLiNG HILLS
MUNICIPAL CODE CHAPTER 8.30).
Mayor Wilson introduced the item and asked for the staff report. Senior Planner Stewart stated that this
item was for consideration of a policy or code amendment related to clearance of dead vegetation within
the City. She provided the background of the Dead Vegetation Enforcement Ad Hoc Subcommittee's
proposed pilot program to proactively enforce the City's Fire Fuel Ordinance. She stated that direction
was given to staff at the time the City Council was presented with the pilot program for proactive
enforcement of the ordinance that staff was not to enforce clearance of dead vegetation on steep slopes
based on common sense judgment by staff. Senior Planner Stewart indicated that staff is returning to the
City Council to ask for direction to either continue with this policy, if not, should the current ordinance be
amended. She provided an update on the pilot program as follows: 1) A letter was sent to residents in
July 2018 notifying all residents in the City that the City would be proactively enforcing the ordinance
which requires removal of all dead vegetation on every property within the Ciry; 2) Staff drafted a
template letter to be used to notify properiy owners in the future; 3) Staff drafted a job description for a
code enforcement official that has not yet been advertised, and 4) Sta.ff discussed with the RHCA about
collaborating with the urban forester that the RHCA utilizes. Senior Planner Stewart noted that an
unexpected result of sending out the letter is that the City received many more reports on dead vegetation
than staff had previously received. She indicated that staff has received a fairly substantial amount of
responsiveness to adhering to the clearance of dead vegetation; however, the extreme terrain
considerations are still outstanding and staff is seeking direction from the City Council. She stated that
staff inet with representatives from the County of Los Angeles Department of Agricultural
Commissioner/Weights and Measures (ACWM) to discuss dead vegetation removal from slopes. She
stated that ACWM does not enforce dead vegetation removal on slopes beyond 25 percent and in places
that could pose a safety risk.
Assistant City Attorney Abzug commented that the City Council has discretion on how it would like to
enforce its municipal code and has the option to make certain amendments that would be beneficial such
as adding quantitative provisions.
Mayor Wilson called for public comment.
Alfred Visco, 15 Cinchring Road, commented that he submitted a letter to the City Council. Mr. Visco
stated that since the fire occurred in 2009, the dead trees sitting in the canyon adjacent to his property have
not been removed and now there are more dead weeds there. Mr. Visco stated it is unclear who owns
what portions of the canyons. Mr. Visco indicated that he attended the fire insurance seminar held by the
City. He commended the City Council and staff for taking time to listen to him about the importance of
addressing dead vegetation. He commented on his letter and stated that he does not want to create an
erosion control problem or safety problem and highlighted the following items: 1) Dead Palm fronds
should be included in the requirement for removal of dead vegetation; 2) Tumbleweeds dead or live
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should be included; 3) The City should hire an urban forester to evaluate each parcel separately with
regard to slope; and 4)Develop guidelines.
In response to Mayor Pro Tem Mirsch's question, Assistant City Attorney Abzug stated that she does not
believe that the City Council needs to amend the fire fuel ordinance. Assistant City Attorney Abzug
further stated that the City Council could set a guideline such as 50 percent.
Discussion followed among the City Council and staff regarding preparing guidelines, various methods to
measure slopes, should 2:1 slope be the slope for removal of dead vegetation, the inclusion of Palm
fronds, vacant lots and abatement procedures.
John Resich, 8 Outrider Road, commented that once residents start clearing more than one acre they may
have stormwater prevention problems and might have to prepare a Stormwater Pollution Prevention Plan.
Mr. Resich stated that residents may create greater issues and displace animals.
Hearing no further public comments, Mayor Wilson closed public comments.
City Manager Jeng suggested that the City Council consider directing staff to prepare a guideline far
determining dead vegetation and use it for a trial period.
Councilmember Black suggested that the slope for removal of dead vegetation should be steeper than 25
percent.
Mayor Pro Tem Mirsch commented that she has an issue with the City Council focusing on the areas that
they cannot address at this time and not focusing on the areas that can be enforced. She stated that she is
open to suggestions. She expressed concern with the active code enforcement cases that are not related to
the steep slope issue and that have obvious dead vegetation that needs to be addressed. Mayor Pro Tem
Mirsch commented that procuring additional staff or a consultant to assist with the code enforcement
effort should be a priority. She commented on the differences with clearing agricultural land versus steep
canyons. Mayor Pro Ten Mirsch indicated that she would like to include abatement of tumbleweeds.
Discussion followed among the Council regarding liability related to a slope failure after clearance and
hiring an outside consultant.
Councilmember Dieringer suggested that staff research ACWM's material related to why they use their
parameters for dead vegetation clearance.
There was a consensus of the Councilmembers to continue with the current enforcement activities,
including proactive enforcement and to prepare guidelines to define dead vegetation methods.
B. DISCUSSION- CITIZENS COMMITTEE ON COYOTE MANAGEMENT.
Planning Director Schwartz presented the staff report and provided a summary of the coyote concerns
experienced in the City. She indicated that the City continues to receive more frequent reports on coyote
encounters. She explained that the three Peninsula Cities' approach to address coyote issues is
educational and emphasizes how to keep coyotes in the wild and out of the neighborhoods. She stated that
the City of Rolling Hills takes a more proactive approach than other cities by contracting with two vendors
to trap coyotes. She stated that several residents approached the City Council requesting that the City take
an even more aggressive approach towards eradication of coyotes. She stated that residents also �uggested
that a citizen committee be formed on this matter. Planning Director Schwartz indicated that at the
August 27, 2018 City Council meeting, Mayor Pro Tem Mirsch suggested that the topic of formation of a
citizen committee on coyotes be agendized for Council's discussion.
In response to Councilmember Dieringer's question, Planning Director Schwartz indicated that there are
several reasons why residents do not allow trapping on their properties including that they must keep their
pets inside while the trap is set. She also indicated that some properties are not conducive for the setting
of traps due to the topography of the property.
Discussion ensued among the Councilmembers regarding the current coyote management services and
issues with residents not granting permission to trap on their property.
Mayor Wilson called for public comment.
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Lauren Sharng, 25 Caballeros Road, commented that she has three small dogs and each time she walks
them she is stalked by coyotes. Ms. Sharng stated that she signed authorization forms for both of her
properties at 25 Caballeros Road and 5 Pine Tree Lane. Ms. Sharng stated that her property of 25
Caballeros Road is not favorable for trapping; however, she does not know why traps are not set at her
property at 5 Pine Tree Lane. Ms. Sharng suggested that more effort could be made to control coyotes.
Councilmember Pieper noted that recently a Los Angeles County trapper has been designated for the
Peninsula Cities exclusively whereas in the past he was shared amongst all of Los Angeles County.
Discussion followed among Councilmembers regarding forming a citizen committee and the usage of
additional trapping services when available.
Assistant City Attorney Abzug advised the City Council on the options to form a Brown Act body
comprised of two City Councilmembers, the City Manager and residents or solely comprised of citizens.
She did not have any concerns related to liability in forming a citizens committee.
John Resich, 8 Outrider Road, commented that coyotes are a predator and a nuisance. He expressed
concern with the inability to eliminate coyotes.
Hearing no further public comments,Mayor Wilson closed public comments.
Mayor Pro Tem Mirsch moved that the City Council form an ad hoc committee comprised of two
Councilmembers and to hold an open meeting inviting all residents. Councilmember Black seconded the
motion. No vote was taken.
Discussion followed among the City Council and staff regarding the purpose of the ad hoc committee and
scheduling an open forum meeting with residents.
Planning Director Schwartz stated that the open forum meeting could be advertised in the City's
newsletter.
Councilmember Dieringer moved that the City Council form an ad hoc committee comprised of two
Councilmembers, Mayor Pro Tem Mirsch and Councilmember Dieringer, to discuss methods to control
the coyote population and schedule an open forum meeting with residents. Councilmember Black
seconded the motion,which carried by a voice vote as follows:
AYES: COLJNCILMEMBERS: Black,Dieringer,Mirsch, Pieper and Wilson.
NOES: COLTNCILMEMBERS: None.
ABSENT: COiTNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
At this time, other matters from the City Council were discussed.
Councilmember Pieper indicated that resident Arun Bhumitra would like to make a funding request in the
amount of$5,000 on behalf of the Rolling Hills Tennis Club and that Mr. Bhumitra would like to lrnow if
the funds can be expended on new lights. Councilmember Pieper stated that Mr. Bhumitra offered to pay
for half of the cost of the lights.
By consensus, the City Council directed staff to agendize the consideration of allocating funding to the
Rolling Hills Tennis Club.
Councilmember Pieper requested an update on the City Hall Complex/Tennis Courts Sewer Feasibility
Study.
Planning Director Schwartz provided an update. She indicated that staff has not received the Sewer
Feasibility Study from Willdan Engineering and that the final design for the tennis courts is being
modified by the RHCA.
Councilmember Dieringer commented that all of the resolutions for building plans have a condition which
she believes could cause the City to lose its private road status if it is interpreted that the City is taking
action as a second entity of the RHCA. She expressed concern that this is a legal issue if it is viewed that
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City Council Meeting
09-24-18 -9-
the City is taking action to assist the RHCA with matters under their authority. She referred to Condition
R on page 20 of 23 listed in Agenda Item No. SA as an example. Councilmember Dieringer stated that
she spoke to the Assistant City Attorney who advised that the City could elect not to enforce the condition.
Councilmember Dieringer stated that she believes the City cannot be assisting a private entity concerning
perimeter easements as the private entity has Covenants, Conditions & Restrictions that can be enforced.
Councilmember Dieringer would like to research this matter.
Assistant City Attorney Abzug indicated that she will review the condition. She stated that the City
Council does not necessarily have to use it as drafted, and that the standard condition has been used for a
long time and has never been challenged. Assistant City Attorney Abzug concurred with Councilmember
Dieringer's concerns regarding the delegation of authority between the City and the RHCA. Assistant
City Attorney advised the City Council that they could direct the City Attorney to review this matter
further or eliminate the condition going forward.
City Manager Jeng stated that the condition is not meant as a point of contention for the approval of a
project; however, it is intended to remind the applicant that there are local regulatory agency requirements
that must be met. City Manager Jeng opined that the easement condition does not interfere with the intent
of the project although she suggested that it be removed from the standard conditions in the resolution.
By consensus, the City Council directed the City Attorney to research the easement condition.
Mayor Pro Tem Mirsch�suggested that the City Council consider scheduling an alternate City Council
meeting in November due to the canceled meeting for Veterans Day.
Discussion ensued among the Councilmembers and staff regarding the scheduling of a second meeting in
November. There was a consensus of the Councilmembers to wait for direction from staff on the need to
schedule a meeting.
Mayor Pro Tem Mirsch thanked staff for including the applicant's statement in their application for
development.
Mayor Wilson reported that he visited the unofficial Sister City of Hidden Hills and met with the Mayor
and City Manager.
11. CLOSED SESSION.
None.
12. ADJOURNMENT
Hearing no further business before the City Council, Mayor Wilson adjourned the meeting at 9:46 p.m. in
memory of long time resident Diana Mary Mitchell. The next regular meeting of the City Council is
scheduled to be held on Monday, October 8, 2018 beginning at 7:00 p.rn. in the City Council Chamber at
City Hall, 2 Portuguese Bend Road,Rolling Hills, California.
Respectfully submitted,
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Yvette i all � �
City Clerk
Approved, �, ,�'
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Pat �� -' ti �
Mayor
Minutes
City Council Meeting
09-24-18 -10-