02-26-2018 MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROI.LING HILLS, CALIFORNIA
MONDAY,FEBRUARY 26,2018
1. 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.
2. ROLL_CALL
Councilmembers Present: Dieringer,Mirsch, Pieper, Wilson and Mayor Black.
Councilmembers Absent: None.
Others Present: Yolanta Schwartz, Interim City Manager.
Crregg Kettles,Assistant City Attorney.
Yvette Hall, City Clerk.
Julia Stewart,Acting Planning Director.
Larry Hall,Attorney.
Gina Filippone,Attorney.
Allen Rigg, Consultant.
Marsha Schoettle, 24 Eastfield Drive.
Gene Honbo, 33 Portuguese Bend Road.
Jill Smith, 10 Georgeff Road.
John Nunn, 1 Crest Road West.
Jeff Lewis,Attorney, 24 Cinchring Road.
J. Lopez, Los Angeles County Fire Department.
Sue Breiholz, 6 Upper Blackwater Canyon Road.
John Nunn, 1 Crest Road West.
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 removal of any item from 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 January 2018.
RECOMMENDATION: Receive and file.
C. Financial Statement for the Month of January 2018.
RECOMNiENDATION: Approve as presented.
D. Professional Services Agreement to Prepare a Sanitary Sewer Improvement Feasibility
Study for the City of Rolling Hills' Civic Center Complex.
RECOMMENDATION: Approve as presented.
E. Interim City Manager Agreement.
� RECOMMENDATION: Approve as presented.
Councilmember Dieringer moved that the City Council approve the items on the Consent Calendar as
presented. Councilmember Pieper second�d the motion, which carried without objection by a voice vote
as follows:
AYES: COLTNCILMEMBERS: Dieringer, Mirsch,Pieper,Wilson and Black.
NOES: COUNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
ABSTAIN: COiJNCILMEMBERS: None.
-1-
5. COMMISSION ITEMS
None.
6. PUBLIC HEARINGS
None.
7. OLD BUSINESS
A. RESOLUTION NO. 1221 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROLLING HILLS DENYING A REQUE�T FOR MODIFICATIONS OF THE
HEIGHT AND ROOF TYPE OF A PREVIOUSLY APPROVED ADDITION TO AND
MAJOR REMODEL OF A SINGLE-FAMILY RESIDENCE AT 24 CINCHRING
ROAD (LOT 18-3-CH), IN ZONING CASE NO. 932, (NAKAMURA). THE PROJECT
IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA)
PURSUANT TO SECTION 15301.
Mayor Pro Tem Wilson introduced the item and asked for the staff report. Interim City Manager
Schwartz presented the staff report and stated that this matter is a Resolution denying a request of the
Nakamuras to amend their originally approved project at 24 Cinchring Road. She stated that the Planning
Commission(PC)held several public hearings for the project and recommended a Resolution of Denial be
brought forth to the City Council. She stated that the City Council took the matter under jurisdiction and
held a public hearing on January 30, 2018 and February 12, 2018, including a field trip on January 30,
2018. Interim City Manager Schwartz stated that at the previous City Council meeting, the City Council
directed staff to bring forth a Resolution denying the project with conditions that were adopted by the PC.
Mayor Black commented that the City Council should consider whether the Resolution adequately
memorializes the intent of the City Council or if the matter should be discussed by reopening the public
hearing. Mayor Black stated that Section 7.A. of the Resolution states the following: "Goal 1 and Goa12
of the City's General Plan relating to its Land Use Element set forth policies requiring that development
conform with the City's existing low-profile, ranch style architecture and ensure the siting of buildings
maintain and preserve viewscapes..." Mayor Black indicated that he believed that at the field trip meeting
the City Council found that the project does not obstruct the view of the neighbors at 26 Cinchring Road
and that Section 7.A. of the Resolution as he stated is inaccurate.
Assistant City Attorney Kettles advised that it would be appropriate at this time to open public comments.
In response to Mayor Black's question, Interim City Manager Schwartz clarified that it was the applicant's
who stated in several areas of their correspondence to the City Council that the obstxuction of the ridgeline
does not obstruct the view of 26 Cinchring Road; however, based on the goals of the General Plan, the
City Council made the finding of fact that there is an obstruction of the viewscape from 26 Cinchring
Road.
Assistant City Attorney Kettles stated that a member of the public could request that a public hearing be
reopened at a subsequent meeting.
Mayor Black opened public comments.
Jeff Lewis, Attorney, 24 Cinchring Road, commented that his clients are requesting that a public hearing
be reopened. He stated he and his clients are troubled by some of the findings in the Resolution. Mr.
Lewis indicated that a yes vote on this evening's Resolution would include a vote that the proposed
modifications do not "preserve viewscapes" as referenced on page 5, Section 7.A., of the Resolution, and
that"The proposed Modifications would also be visible from the street and to neighbors" as referenced on
page 6, Section 7.B., of the Resolution. Mr. Lewis stated that both of these statements are not supported
by substantial evidence. He requested that the public hearing be reopened to decide this matter based on
the merits and not based on any statements that an attorney may make later on in a�eposition.
Larry Hall, Attorney, 26 Cinchring Road, commented that he believed that the Resolution being
considered by the City Council is to affirm the decision made by the PC to deny the application, which is
where the language that is being referenced is coming from. Mr. Hall stated that the PC made these
determinations. He stated that at the field trip, the City Council had doubts in relation to understanding
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02-26-18 -2-
why the Nakamuras had to stop the constrtiction work as directed in the email from Interim City Manager
Schwartz in January 201 b.
Gina Filippone, Attorney, 26 Cinchring Road, commented that to reopen a public hearing based on the
language in a Resolution that the applicant is challenging seems to be extraordinary. She stated that her
clients have been through five work orders, filed a lawsuit, and feel that the Nakamuras will continue to
exhaust them. Ms. Filippone stated that the Nakamuras believe the Brunners will eventually give up as it
has taken seven years for the process.
Allen Rigg, Consultant, 24 Cinchring Road, commented that he and Mr. Lewis provided correspondence
to the City Council that states that they both have significant issues with what occurred at the last public
hearing. Mr. Rigg stated that he and Mr. Lewis have issues with the findings in particular. He �tated that
if the public hearing is reopened, he hopes that the City Council will be able to see the merits of the
project, in particular in terms of the Resolution. Mr. Rigg stated that there are a significant number of
things that he appreciates, one is that the City does not have a view ordinance in the City. Mr. Rigg
commented that at the last public hearing, there were at least two City Councilmembers that stated that
there were no view impacts on the project. He stated that the Resolution, as part of the findings, indicates
that the reason to deny this project is that it was built bigger than the original home; however, there is no
building ordinance or growth ordinance that prohibits making a house bigger. Mr. Rigg stated the
proposed 800 square foot addition with an,increase of a few feet of ridge height is minimal. He noted that
the way the Resolution is written is that any increase in the height of your home or size of your home will
get denied. He stated that it also indicates that his clients did not provide any justification for raising the
ridge and that his clients do want the ridge in the middle of the structure, which is typical of a home. He
stated that the plate height is eight and a half feet at the front, which is an acceptable plate height, and that
his clients want a 4 in 12 feet roof pitch. Mr. Rigg stated this is a typical roof pitch. He stated that he has
testimony as to why his clients want to make the improvements. Mr. Rigg commented that he is not in
favor of the process of how this project came before the City Council. Mr. Rigg stated that he heard that
this process of approving the new home was not based on the findings that are in the City's code but to
punish his clients for what they have done. He stated that both parties have incurred many costs such as
attorney's fees and consultant fees. Mr. Rigg indicated that he believes the findings are not based on
merits but based on setting a precedence to not allow this to occur again. Mr. Rigg requested that the
hearing be reopened and apologized for the time spent on the project. Mr. Rigg further stated that he
believes there are errors in the Resolution. �
Hearing no further comments, Mayor Black closed public comments.
Mayor Black thanked Interim City Manager Schwartz for providing the heights of the ridgeline. Mayor
Black stated that he would like to reopen the public hearing as he feels there are errors in the Resolution.
He stated that he believed that at the field trip, the City Council agreed that there was no view obstruction
related to a structure and that the reference to the roofline not exceeding 14 feet on page 6 of the
Resolution is an error.
Mayor Black moved that the City Council reopen the public hearing to a future date in Zoning Case No,
932 at 24 Cinchring Road.
In response to Mayor Black's aforementioned cornment, Interim City Manager Schwartz clarified that the
reference to the 14 foot roofline is for the accessory structure that was approved behind the house from a
Resolution in 2009. She stated that the 2009 Resolution has a condition that the structure will not exceed
14 feet and it is referenced in the proposed Resolution in relationship to the house as it being compatible
with the structures on the property that were approved.
In response to Councilmember Dieringer's question, Assistant City Attorney Kettles stated that
individuals are interpreting the language in the Resolution related to the proposed modifications not
preserving viewscapes from adjacent residences as a finding that there is a view obstruction. He stated
that he does not read that interpretation to be the same. Assistant City Attorney Kettles stated that he
agrees that the language is susceptible to different interpretations and he does not read it the way some of
the commenters read it.
Councilmember Dieringer commented that her understanding is that because it is more massive and bulky
than what was approved, and that it is higher than what was approved, and that, the extent that this
modification is higher, it will not preserve the viewscape of the original proposed approved version.
Assistant City Attorney Kettles concurred with Councilmember Dieringer's interpretation as being a fair
interpretation.
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Councilmember Dieringer commented that there were no findings that any Councilmember made in their
decision at the last hearing that it was because the City Council never wanted this situation to occur again.
Councilmember Dieringer indicated, for the record, that she never heard this statement made by a
Councilmember. She indicated that page 12 of Mr. Rigg's letter stated the following: "Councilmember
Dieringer expressed that she had difficulties visualizing the proposed home as portrayed by the renderings
due to the existing temporary construction. In essence she made her decision on the temporary
winterization, exposed footings, and lack of elements of the firiished construction such as planters that
would reduce massing." Councilmember Dieringer stated, for the record, that is not what she based her
decision on; she based her decision on the entirety of the evidence, attended the field trip, and although
there were initial difficulties of visualizing the proposed project, after viewing the placement of the flags
and lines that were drawn, the project was able to be understood. She stated that this was why she
requested that photographs be taken of the project in order to have a visible presentation of what the City
Council viewed at the field trip, to provide guidance at the City Council meeting, and thus there would not
be any lack of information and would be as precise as possible.
Councilmember Mirsch commented that she felt that both sides received a fair hearing at the last City
Council meeting. She stated that it was unfortunate that Mayor Black was ill and not able to attend the
meeting. Councilmember Mirsch does not feel the matter should be reopened and believes the City
Council did their due diligence. She indicated; however, that she would rather err on the side of taking
more time to consider the matter by reopening the hearing, especially since Mayor Black expressed some
concern about the Resolution and was not able to express his comments. Councilmember Mirsch stated
that she does not like residents feeling that they are not being given a fair hearing. CouncilmerMber
Mirsch stated that she supports reopening the hearing if that were the wishes of the City Council.
Councilmember Mirsch seconded the aforementioned motion made by Mayor Black.
Councilmember Mirsch further stated there is so much that has occurred over the years; however, she
feels that she was able to remove all the extraneous matters as Mr. Rigg has asked the City Council not tQ
focus on how the project got to this point, but only whether the City Council could make the findings for
this project. Councilmember Mirsch indicated that she made an effort to view the project this way. She
stated that the finding she could not make is the reference to maintaining views and viewscapes from
adjacent neighbors. Councilmember Mirsch stated that when she,visited the site, she never said that there
was no view impact; she stated that it was obvious that the neighbors could always see the house that was
there at 24 Cinchring Road. Councilmember Mirsch indicated that the reason given by the applicant for
the extra height was due to the pitch of the roof and the desire for a loft because the house had a loft
before. She feels that this does not justify raising the height up and not because the residents at 26
Cinchring Road said they had a view and could not see the house at 24 Cinchring Road before. She stated
that there is nothing that prohibits building a house in front of another property. She stated that the
residents of 26 Cinchring Road have an ample view around the side of 24 Cinchring Road and over 24
Cinchring Road; however, raising the house at 24 Cinchring Road up and building it out does impact the
massing that can be seen from 26 Cinchring Road. Councilmember Mirsch stated that this is what she
was basing her findings on and even though the City does not have height restrictions, the City
consistently reviews the height and mass of a project. She stated she would have pushed back on this
project as a Planning Commissioner. Councilmember Mirsch indicated that the owners of 2b Cinchring
Road made a decision based on plans of what would be built at 24 Cinchring Road, and if any changes
were going to be made, they would have had a chance to provide their input before the PC as part of the
regular process, instead of seeing an as build structure. Councilmember Mirsch concurred with
Councilmember Dieringer's aforementioned comment related to the City Council making decisions on
facts and not because they do not want this situation to occur again.
Councilmember Pieper stated that he previously served on the PC, that he is the most liberal PC member
and treats everyone the same. He stated that this is part of the reason he is serving. Councilmember
Pieper stated that if the project started in the PC, it would not have been approved the way it is not
because of the way the roof pitches or the height, but because of the way it looks and comes out of the
ground. He stated that the project would not have been approved and that the PC would have worked with
the applicants all the way through. He stated that he always asks if the project makes sense and that there
is no punishment involved. Councilmember Pieper indicated that he read many of the past PC staff
reports and minutes to get all the background information on the project.
Councilmember Dieringer stated that the City Council has never reopened a hearing in the past due to the
absence of a Councilmember and that there is no new information being presented. She stated that the
City Council was careful in making a decision based nn the evidence and that it would not be fair to have
another hearing.
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Mayor Pro Tem Wilson clarified that when he was asked to postpone the hearing at the last City Council
meeting, there were many people in attendance ready to participate in the hearing. Mayor Pro Tetn
Wilson indicated that it seemed appropriate to hold the hearing at that time and that none of the other City
Councilmembers expressed an interest in postponing the hearing so that is why the City Council went
forward with it.
A roll call vote was taken at this time on the aforementioned motion that the City Council reopen the
public hearing to a future date in Zoning Case No. 932 at 24 Cinchring Road. The motion failed by the
following roll call vote:
AYES: COiJNCILMEMBERS: Mirsch and Black.
NOES: COLTNCILMEMBERS: Dieringer,Pieper and Wilson.
ABSENT: COUNCILMEMBERS: None.
ABSTAIN: COLTNCILMEMBERS: None.
In response to questions by the City Council related to language in the Resolution, Interim City Manager
Schwartz clarified that the intent of the language is not to state that there is a view that is being obstructed.
She stated that it is not a specific view that the Brunners are losing but a reference to a broad definition to
maintain and preserve viewscapes of the City per the General Plan.
Councilmember Dieringer moved that the City Council adopt Resolution No. 1221 in Zoning Case No.
932 at 24 Cinchring Road as presented. Councilmember Pieper seconded the motion, which carried by the
following roll call vote:
AYES: COUNCILMEMBERS: Dieringer, Mirsch, Pieper and Wilson.
NOES: COUNCILMEMBERS: Black.
ABSENT: COUNCILMEMBERS: None.
ABSTAIN: COiJNCILMEMBERS: None.
B. ADOPTION OF A NON-BINDING CLIMATE ACTION PLAN WHICH INCLUDES
ESTABLISHING A GREENHOUSE GAS EMISSIONS BASELINE, FORECASTING
EMISSION REDUCTIONS, AND ESTABLISHING FUTURE REDUCTION TARGETS.
Acting Planning Director Stewart presented a summary of the staff report. She stated the recommendation
is to consider the adoption of a non-binding Climate Action Plan (CAP) that was prepared by the South
Bay Cities Council of Governments (SBCCOG). Acting Planning Director Stewart indicated that a grant
was received by the SBCOG to fund the preparation of the CAP and that this is the second phase of the
grant. She stated the first phase addressed energy efficiency measures. She indicated that a SBCOG
representative,Kim Fuentes,would make a presentation.
Kim Fuentes,Deputy Executive Director, SBCCOG, presented a summary of the CAP as follows: 1) The
CAP is a visioning document and provides an opportunity to secure funding for the City and subregion; 2)
The CAP supports City policies, regulatory requirements, the General Plan, purchasing policies and any
strategic plans the City would have in the future; 3) The CAP addresses reduction of green house gases; 4)
The structure of the plan has goals, measures and substrategies; 5) The SBCCOG prepared 15 CAPs for
all the South Bay Cities; 6) All Cities have approved their CAP except for a few Cities including Roliing
Hills; 7) The CAP was drafted in a template addressing the City's specific strategies; 8) At the last City
Council meeting there was a question regarding what type of funding might be available; 9) Ms. Fuentes
pointed out funding sources in the CAP; 10) If the City adopts the CAP, the SBCCOG will work with
other Cities with similar strategies and package them for submission for grant funding; 11) The SBCCOG
will also partner with the utility companies to identify projects to bring to the residents such as solar
programs, educational tools and newslette'r articles; 12) During the public discussion at the previaus City
Council meeting,residents wanted to see a stronger plan; however, Ms. Fuentes stated this is not the intent
of this document; this document is meant to be a broad document; and 13) A stronger CAP could be
prepared later.
Councilmember Dieringer expressed concern with the CAP stating that the City will have to implement all
of the goals and that there is limited staff�to execute them. She inquired if receiving this document as a
policy guidance document and using it to assess and prioritize future projects in the City would prevent
the City from partnering with the SBCCOG for grants.
Ms. Fuentes responded that if the CAP was adopted by the City Council it would allow the SBCCOG to
report to the state that all cities in its jurisdiction adopted a CAP and that would support a stronger
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argument for submitting for grants.
Mayor Black commented that there are ways to do this as it is non�binding, but rather than adopting it the
City Council can accept it as this is what was done in the past.
Interim City Manager Schwartz stated that there was a similar discussion for the Energy Conservation
Plan, and the City Council agreed to "accept"it and not adopt it.
Discussion followed related to the use of language such as "non-binding", "accepted" or "adopted" to
reflect the City's support of the CAP.
Councilmember Dieringer moved that the City Council strike the word "Adopt" and replace with "Accept
in principle" on page 1 of the staff report and adopt the following motion: Accept in principle the City of
Rolling Hills Climate Action Plan with the existing approved EE chapter and the additional LUT, Waste,
Greening, and Energy Generation/Storage chapters as a policy guidance document for assessing,
prioritizing, and implementing future projects within the City. Councilmember Mirsch seconded the
motion,which camed without objection by a roll call vote as follows:
AYES: COUNCILMEMBERS: Dieringer,Mirsch, Pieper, Wilson and Black.
NOES: COiTNCILMEMBERS: None.
ABSENT: COiJNCILMEMBERS: None.
ABSTAIN: COITNCILMEMBERS: None.
8. NEW BUSINESS
None.
9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
A. FIRE FUEL REDUCTION AD-HOC COMMITTEE REPORT.
Mayor Black called for the report. Interim City Manager Schwartz noted that correspondence was
received from Clint Patterson, Rick Boos, Jill Smith and Pamela Reis expressing support of the City's
proactive management of the removal of dead vegetation�in the City.
Councilmember Mirsch presented her report as follows: 1) The Dead Vegetation Enforcement Ad Hoc
Subcommittee's (Comrnittee) purpose is to determine the feasibility of using the existing City's fire fuel
abatement ordinance to remove dead vegetation and changing the City's role from a complaint driven
enforcement to a proactive enforcement process; 2)The Los Angeles County Fire Department's (LACFD}
enforcement of defensible space is 200 feet from structures; 3) The City has adopted a more stringent
position on fire fuel abatement that encompasses any part of the property; 4)Many of the City's properties
have unvegetated or open spaces that grow weeds and grasses that then die and become fuel if they are not
cleared; 5) This matter was brought up by residents who expressed their concerns at City Council
meetings regarding dead grasses and asked the City to take action and mandate that dead vegetation be
cleared; 6) The City has placed articles in the newsletter and distril�uted pamphlets to educate residents; 7)
If no enforcement is done, there is a small percentage of residents that, through negligence or lack of
awareness, will not comply and the result is that the fire fuel will remains; 8) Residents do not like to
report on their neighbors; 9) Fire fuel could be located in canyons where some residents are not aware of
and they may also think the dead vegetation along the trails belongs to the Rolling Hills Community
Association and is not on their property; 10) The Committee agreed to determine if this issue is isolated to
one or two properties in the City or is a condition throughout the City; 11) Mayor Black and
Councilmember Mirsch separately made observations �f properties from the roads and trails and found
dozens of properties with dead vegetation; 12) T'he Committee believes that this amount of hazardous
material warrants the City's attention and efforts to mitigate the hazardous conditions; 13) The Committee
feels that the City's current practice is inadequate to address the safety of the City and its residents and
recommends a proactive enforcement of the ordinance; 14) The City's ordinance is separate from
LACFD's requirements; 15) The Committee reviewed �he resources available to implement the program
and believes it would create an increase in staff's workload due to the limited staff resources; 16) The
Committee does not feel it is acceptable to allow hazardous conditions to exist because of limited
resources; 17) The Committee recognizes that resources will need to be allocated for this project and
suggests that the City Council direct staff to explore the best practices to proactively enforce Chapter 8.30
of the municipal code; 18) The Committee recommends that the resources and costs required to
implement this program be brought back to the City Council for consideration; 19) The Committee
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recommends to take immediate action; 20) Fines were discussed; however, the Committee feels fines are
not necessary to impose at this time; 21) The Committee discussed concerns that were received from
residents who opposed the proactive enforcement of the ordinance and determined that there is broad
support from residents who feel it is incumbent upon the City Council to protect the City from hazardous
conditions and reduce fire fuel; 22) The Committee discussed concerns received from residents who felt
that the City would abuse its powers; 23) The Committee determined that the proactive enforcement
would only be limited to dead vegetation; 24) The Committee found significant amounts of other dead
vegetation such as trees and Palm fronds and recommends expanding the scope to consider all dead
vegetation and follow what is outlined in Chapter 8.30 of the municipal code, 25) In response to
Councilmember Dieringer's concerns that proactive enforcement would conflict with the efforts af the
LACFD, such as the implementation of the Community Wildfire Protection Plan (CWPP), or would
encourage residents to clear their brush in an unsafe or environmentally unsound manner, the Committee
believes the issue is with the enforcement component of the ordinance and is not suggesting anything that
would be in conflict with any of the LACFD programs; 26) The Committee recommends using LACFD's
brush clearance guidelines to address watershed concerns; 27) The Committee encourages the continuance
of the standing Fire Fuel Reduction Ad Hoc Subcommittee to continue its work with the LACFD to
develop a CWPP for the City and to include inspection and enforcement components; and 28) The
Committee believes the existing ordinance, which extends the requirement to remove dead vegetation
beyond the defensible space area enforced by LACFD, provides critical additional protection needed for
the prevention of wildfires and proactive enforcement should be a priority for the City and staff.
Mayor Black opened public comments.
Marsha Shoettle, 24 Eastfield Drive, commented that she feels the proactive enforcement of the ordinance
is redundant and is shocked that the City now wants to give themselves more power. Ms. Shoettle stated
that the proactive enforcement is not as simple as it was presented and expressed support of the LACFD's
efforts to clear dead vegetation. She further stated that most residents follow the requirements of the fire
department.
Sue Breiholz, 6 Upper Blackwater Canyon Road, commented that she feels it is the City's responsibiliry to
enforce the safety of the City. She stated she has observed fields of dead vegetation and grass outside of
the 200 foot LACFD requirement that have not been addressed. She expressed support of the proposed
program:
Gene Honbo, 33 Portuguese Bend Road, stated that he hikes the trails and has observed a lot of properties
that do not maintain their canyons and that the bottom of the trails are filled with debris. He expressed
support of the proposed proactive enforcement of the ordinance.
Jill Smith, 10 Georgeff Road, stated that�she submitted correspondence to the City Council expressing
concern with the dead vegetation in the canyons and in the lower trails. She expressed support of the
proposed proactive enforcement of the ordinance.
John Nunn, 1 Crest Road West, commented that he supports the removal of dead vegetation. He
expressed concerns with creating more compulsion. Mr. Nunn stated that residents have not been told to
clear dead vegetation in the canyons;thus he does not feel proactive enforcement is necessary.
J. Lopez, LACFD, Forestry Division, stated that he appreciates all the comments made related to
LACFD's enforcement of the 200 foot requirement. He indicated that the state's regulations require
clearance up to 100 feet and LACFD requires clearance up to 200 feet. He indicated that the state and
LACFD both meet the California Environmental Quality Act (CEQA) compliance. Mr. Lopez stated that
he is obligated to inform the City that CEQA compliance is required for private properties.
Discussion followed among the City Council and Mr. Lopez concerning the CEQA requirements,
LACFD's 200 foot clearance requirements, the CWPP, educational tools for the public,Hazard Mitigation
Plan,grants and best practices from the CWPP.
Mr. Lopez provided a handout that summarized the CEQA requirements.
Further discussion ensued concerning the CEQA requirements, past fires in the City, fire prevention
preparedness, dead vegetation management and best management practices from the CWPP.
Hearing no further comments, Mayor Black closed public comments.
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Mayor Black commented that he would like to extend beyond the 200 foot requirement for brush
clearance.
Mayor Pro Tem Wilson inquired if compliance would�e possible without fines.
In response to Mayor Pro Tem Wilson's question, Councilmember Mirsch clarified that the City only
pursues enforcement of the ordinance on a complaint basis and that if proactive enforcement is adopted,
the Committee felt that fines would not be necessary since residents have not been made aware of the
additional areas, such as canyons,to clear.
Discussion followed among the Councilmembers regarding compliance from the Palos Verdes Land
Conservancy, CEQA compliance, the adoption of a ,CWPP, and costs to implement a proactive
enforcement program of the fire fuel abatement ordinance.
Councilmember Pieper moved that the City Council direct staff to research and provide recommendations
on implementing a proactive fire fuel reduction program and the cost.
Acting Planning Director Stewart recommended that City Council direct staff to review the proposed
program to proactively enforce the fire fuel abatement ordinance on an entire property and how it would
effect CEQA regulation.
Councilmember Pieper offered an amended motion that the City Council direct staff to research and
provide recommendations on implementing a proaetive fire fuel reduction program that includes brush
clearance of the entire property and the cost. Mayor Pro Tern Wilson seconded the motion, which carried
without objection by the following roll call vote:
AYES: COiJNCILMEMBERS: Dieringer,Mirsch, Pieper, Wilson and Black.
NOES: COiJNCILMEMBERS: None.
ABSENT: COiTNCILMEMBERS: None.
ABSTAIN: COLJNCILMEMBERS: None.
At this time other matters from the City Council were discussed. �
Councilmember Dieringer provided the City Council with a copy of a report from the League of
California Cities entitled"Retirement Systems Sustainability Study and Findings."
10. MATTERS FROM STAFF
None.
11. ADJOURNMENT
Hearing no further business before the City Council, Mayor Black adjourned the meeting at 9:06 p.m.
The next regular meeting of the City Council is scheduled to be held on Monday, March 12, 201 S at 7:00
p.m. in the Council Chamber, Rolling Hills City Hall;2 Portuguese Bend Road,Rolling Hills, California.
Respectfully submitted,
� ���+��
Yv�. te Hall �
City Clerk
Approved,
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� atrick i son
Mayor
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