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MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, JULY 23, 2012
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Black at
7:32 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
ROLL CALL
Councilmembers Present:
Councilmembers Absent:
Others Present:
CONSENT CALENDAR
Heinsheimer, Lay, Pernell, Mayor Pro Tem Hill and Mayor Black.
None.
Anton Dahlerbruch, City Manager.
Mike Jenkins, City Attorney.
Yolanta Schwartz, Planning Director.
Ewa Nikodem, Administrative Assistant.
Sam Pena, Allied Waste.
Christine Greenberg, 32 Portuguese Bend Road.
Curits and Pamela Reis, 1 Wagon Lane.
Hal Light, Attorney for Greenberg.
Cat Spydell, PV Tree Society.
Jennifer Ise, Rancho Palos Verdes resident.
Howard Hall, 7 Portuguese Bend Road.
Cathy Nichols, 14 Crest Road West.
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 9, 2012.
RECOMMENDATION: Approve as presented.
B. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Financial Statement for the Month of June, 2012.
RECOMMENDATION: Approve as presented.
D. ORDINANCE NO. 329. CONSIDERATION OF AN ORDINANCE OF THE CITY OF
ROLLING HILLS AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS
MUNICIPAL CODE TO MODIFY THE REVIEW PROCESS FOR RECONSTRUCTION
OF EXISTING RESIDENCES AND ADDITIONS THERETO WHERE PARTIAL OR
TOTAL DEMOLITION OF THE STRUCTURE IS PROPOSED IN ZONING CASE NO.
820, ZONING . CODE AMENDMENT NO. 2012-03. THE PROJECT IS
CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
RECOMMENDATION: Second reading, waive full reading and adoption.
E. CONSIDERATION OF MEMORANUM OF UNDERSTANDING WITH THE PALOS
VERDES PENINSULA UNIFIED SCHOOL DISTRICT REGARDING CITY
PROVIDED NON -PAID WORK EXPERIENCE TO SCHOOL DISTRICT STUDENTS
(INTERNSHIPS).
RECOMMENDATION: Approve as presented.
Councilmember Lay moved that the City Council approve the items on the consent calendar.
Councilmember Heinsheimer seconded the motion, which carried without objection.
City Manager Dahlerbruch stated that Sam Pena, Allied Waste is in the audience and will respond to
Councilmember's concerns raised at the last City Council meeting. Mayor Black stated that with the City
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Council's concurrence, a report from Allied will be taken out or order. Hearing no objection, he so
ordered.
Sam Pena, Allied Waste, City's franchised refuse hauler, stated that to improve the residential trash,
recyclable and green waste service, they held a meeting with the trash drivers, had a franchise meeting
with City staff and will continue to meet with staff on a regular monthly basis. He mentioned that the
amount of green waste collected in Rolling Hills is greater than the amount of household trash and
recyclables combined and that often they have to bring a second truck to collect all green waste. He
announced that twice a year they will be mailing a newsletter to inform residents of upcoming special
events, trash pickup service, holiday schedule and about what is expected of Allied and what is expected
of residents.
COMMISSION ITEMS
None.
PUBLIC HEARINGS
VIEW IMPAIRMENT APPEAL OF RESOLUTION 2012-03-CTV BY MRS. CHRISTINE
GREENBERG, 32 PORTUGUESE BEND ROAD REGARDING THE REMEDIATION OF A
VIEW IMPAIRMENT COMPLAINT FILED BY MR. AND MRS. CURITS REIS, 1 WAGON
LANE.
Mayor Black introduced the item for consideration and asked for staff's comments. City Manager
Dahlerbruch reviewed the background of the view case and the previous action of the Committee on Trees
and Views. He stated that the view complaint was filed with the City in April 2011 by the property owners
of 1 Wagon Lane, Mr. & Mrs. Reis, against trees on the property of 32 Portuguese Bend Road, Mrs.
Greenberg. After mediation did not resolve the matter, the case was taken before the Committee on Trees
and Views in October 2011. The Committee determined that there was a significant view impairment and
following eight public hearings, adopted Resolution 2012-03-CTV. Mrs. Greenberg appealed the
Resolution to the City Council. City Manager Dahlerbruch further stated that in developing the
Resolution; the City retained, at the cost of the complainant, a certified arborist for the Committee on
Trees and Views to evaluate the least invasive way to achieve a corridor view of the Santa Monica Bay
and City lights and prepare a report to present to the Committee. The report addressed 77 of the 108 trees
within the line of site with a variety of recommendations including the removal of 22 trees, crown
reduction and lacing of the balance of 55 trees and replacement of four of the removed trees. Resolution
2012-03-CTV incorporated the recommendations of the arborists; included an allowance of $4,000 for the
stump removal and replacement of 4 trees; and assigned the financial responsibility for on-going
maintenance of the trees. He stated that the City conducted an environmental analysis for this case by
preparing a negative declaration and later preparing an amended negative declaration in recognition that
the scope of the project expanded from what was originally analyzed. Also, many times the parties were
asked to meet and to come to a private agreement or propose a settlement terms, but the parties were too
far apart for a settlement.
City Manager Dahlerbruch suggested that the parties and the public save their arguments until after the
City Council visits both sites and determines whether or not there is a significant view impairment. He
stated that the City Council will deliberate the case and in the process can either uphold the decision of the
Committee on Trees and Views, overturn or modify the Resolution or remand the decision back to the
Committee. He further stated that for the continued public hearing meeting on August 27`h, staff will
prepare more detailed background information and a response to the Appeal. He mentioned that in order
for the materials for the August 27`h continued public hearing to be included in the agenda packet, they
must be received at City Hall by noon the Thursday before the meeting. He stated that the same deadline
for submissions applies for other meetings. All correspondence received after that deadline will be
presented at the meeting. Also, all the materials for the August 27`h City Council meeting will be on CD
and will be available at City Hall for review. No hard copies will be available because the materials
already received are voluminous. He reiterated that the parties may negotiate a solution to the situation.
He also indicated that this matter has nothing to do with the initiative on the ballot, any pending lawsuits,
the merits of the existing Ordinance or potential changes to the existing Ordinance. The deliberations and
comments on this case should specifically focus on this particular case under the existing View Ordinance.
City Attorney Jenkins stated that for the record, the members of the City Council will want to disclose any
ex parte communication that they might have had about this matter that could impact their decision. In
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response to City Attorney Jenkins, Councilmembers Heinsheimer, Lay, Mayor Pro Tem Hill and Mayor
Black indicated that they didn't have any conversations with the parties about this case. Councilmember
Pemell indicated that he spoke to Mrs. Greenberg about personal, matters but that he gave no advice or
opinion about this matter and that the conversation he had will not influence his decision. Councilmember
Heinsheimer indicated that he had conversations about the view initiative petition but not about the view
impairment case.
Mayor Black opened the public hearing. Councilmember Lay reminded the audience to keep in mind that
the City Council didn't visit the site yet and suggested that if possible that the public comments be brief.
Hal Light, Attorney, addressed the City Council on behalf of the property owner at 32 Portuguese Bend
Road, Mrs. Greenberg. He stated that the issue in this case is the removal of 22 trees and the crown
reduction or topping of an additional 55 trees from Mrs. Greenberg property in order to create a view
while standing on the patio at the Reis property. He presented photographs showing both properties,
Exhibit GG showing the existing trees at the corner of Portuguese Bend Road and Wagon Lane that would
be topped, and exhibits K, L and M -aerial photographs from 1954, 1972 and 1980 showing the Reis' lot
and the number of threes that existed there before the Reis' house was built. He also commented on the
staff report for tonight's meeting, specifically relating to the City Council being advised to consider only
one thing, which is to determine whether there is a view and if yes, if it's significantly impaired. Mr. Light
stated that the view issue is much broader and that one of the things that should also be considered by the
City Council is whether or not this is creation of a view that did not exist at the time the property was
built, whether the Ordinance actually provides for creation of a view and allows for it. He reiterated that
the Ordinance clearly states to "restore a view" and not create a view. If there was no view at the time the
residence was built, then the view cannot be restored. He further stated that many of the trees on the
Greenberg property are more than 70 -years old and very large and that the intent of the Ordinance is to
address maturing trees and see that those_ maturing trees don't interfere with people's views. Many of the
trees on the Greenberg property, he stated, are not maturing trees. Mr. Light referred to section 17.26.050
Paragraph E of the Rolling Hills Municipal Code which says that "in no event shall restorative action be
required if such action would adversely affect the environment or would unreasonably detract from the
privacy or enjoyment of the property on which the objectionable vegetation is located'. He stated that
Mrs. Greenberg's extensive and detailed declaration explains how the trees are important to her and were
to her late husband and, he stated that ignoring her declaration and removing 22 trees and topping 55
additional trees to develop a view from a patio should not be considered; and according to the Ordinance
restorative action should not be required. He stated that this should also be considered by the City Council
and it should be included for discussion in the 8/27 staff report. He pointed out that on page 3 of the staff
report that the sentence "the Committee instructed that the scope of work consider 108 trees on the
property of 32 Portuguese Bend Road which were identified as potentially in the line of sight of the Santa
Monica Bay and City lights views..." is incorrect. The scope of work specified in the agreement between
the City and the arborist at Travers Tree Service identifies 72 trees and each tree is numbered. The report
received back from Travers identifies 77 trees instead of 72 trees. Mr. Light stated that there was no notice
and no public hearing on these additional five trees and that these five trees are all located in the entrance-
way to the property. The restorative actions in the Resolution, specifically item No. 3, state to avoid crown
reduction at focus points on the property, like entrance -ways. He referred to Exhibit FF of the appeal, and
showed a photograph of the five trees to the left of the entrance -way that according to the arborist should
be trimmed but according to the restorative measures in the Resolution, trimming of these five trees
should be avoided. Also, mitigation measure No. 1 states to avoid crown reduction in general, but 55 trees
on the property are to be topped. He also stated that with the number of trees to be removed and topped
this leads to CEQA related issues and will have a major impact not just on the property owner but on the
entire community. Mr. Light further stated that this complaint should be denied but if it's not, he asked
that the City Council wait with their decision until the Planning Commission conduct the public hearings
on view ordinance and potentially revise the ordinance and/or also when the results of the view petition
are known.
In response to Mayor Black's inquiry as to how many years the current City view Ordinance has been in
place, City Manager Dahlebruch stated that the Ordinance was adopted in 1987 and since then, 13 cases in
total were filed with the City, out of which seven have been handled and resolved privately between the
parties and four were appealed to the City Council. He further responded that during the 25 -years between
1987 and 2012, the City Council ordered to remove approximately ten trees in the City.
Pamela Reis, 1 Wagon Lane addressed the City Council stating that the issue should have been resolved
neighbor to neighbor long time ago. She stated that they have lived in their home for over 16 -years and
presented background about their property and Mrs. Greenberg's property. She indicated that her house
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was built in 1972 and that the house was clearly oriented by the architect to take advantage of the views
from the property. The Greenberg's home was build a year later. She further commented that during the
16 years they lived there, that Mrs. Greenberg on occasion did some modest pruning and tree removal but
the last work was done seven years ago, back in 2005. The trees have since obscured and blocked the
Reis' view corridors, view of Santa Monica Bay, the mountains and the lights of the LA basin to the north
and the mountains to the northeast. She stated that since April 2010 they were trying to meet with Mrs.
Greenberg to develop a mutually acceptable pruning schedule to resolve the problem and they had also
offered to pay for the work. She further stated that between April 2010 and March 2011, they made five
requests to meet with Mrs. Greenberg but that she never made an appointment to come to their home to
discuss the situation. She indicated that their request has always been to regain their view corridors; it has
never been to establish an unobstructed panoramic view. She further stated that the trimming would
improve the views from the front rooms of the house, the living room, dining room, family room, master
bedroom as well as from the front patio. The view of the LA basin and city lights to the north is about
80% obscured and of the Santa Monica Bay to the northwest is roughly 60%-90% blocked. The view of
the San Gabriel Mountains and Mt. Baldy to the northeast is also about 60%-75% obscured depending on
the room one is in. She also commented that her property is substantially uphill from the Greenberg
property; she stated that the elevation of their patio is 1,126 ft above sea level, Wagon Lane entrance to
Greenberg home is 1,085 ft above sea level and the Portuguese Bend entrance to Greenberg home is 1,055
ft. above sea level. Estimated elevation of Greenberg house is 1,070 ft above sea level, she further stated
that based on the elevation maps, her house is 56 ft above the front door to the Greenberg's house. She
responded to Mr. Light's statement that the Resolution requires 22 trees to be taken down and clarified
that out of the 22 trees total — 15 trees are volunteers, six trees are dead or dying and only one tree is
mature. She further commented that they worked 15 -months thru the City process that included mediation
and then the Committee on Trees and Views' public hearings process. Throughout this time frame, a
variety of solutions were proposed and that she believes that the Committee was very diligent and fair to
both parties in their deliberations; she stated that they exercised their patience, wisdom, common sense
and open mindedness and, the Committee on Trees and Views Resolution on June 19, 2012 passed
unanimously. She asked the Council to approve the Resolution with the same conditions. She concluded
that they are looking forward to the City Council's visit to their home, and the Council's input and
resolution to resolve this case.
Christine Greenberg, 32 Portuguese Bend Road addressed the City Council and stated that these mature
trees and mature landscape on her property are what she and her late husband purchased and enjoyed. She
stated that to consider destroying her entire front landscape to create a view that did not exist and that the
Reis' did not pay for is outrageous. She further stated that the request is to not just trim trees; it's rather to
cut the trees one-third to one-half. Some of the big eucalyptus trees will have no limbs and would look
like utility poles. Her arborist's estimated that only five of those trees were worth $152,000. This would
be a great devaluation of her property. She reiterated that she purchased the property with the trees and
that the Reis' didn't purchase a property with a view and never paid for a view they are seeking now.
Cat Spydell, PV Tree Society addressed the City Council stating that she represents a group of concerned
residents that care about mature trees. She stated that most eucalyptus trees will not survive the topping
and that topping is dangerous to the tree but if it were to survive it will be more susceptible to decay,
disease and pest infestation. She stated that about 15 -years ago, many trees along Palos Verdes Drive
North in Palos Verdes Estates were improperly pruned and as a result died.
Howard Hall, 7 Portuguese Bend Road, addressed the City Council and stated that he fully supports Mrs.
Greenberg's position. He indicated that if the Councilmembers were to uphold the Committee on Trees
and Views' Resolution that it would not just cost a lot of money to remove the trees but it would also have
a tremendous impact on the entire community and the value on the Greenberg property. Mr. Hall further
stated that the current Ordinance is unfair to property owners and should be amended and changed. He
commented that he also went thru this process himself and was not happy with the City Council's
resolution.
Mayor Black mentioned that Mr. Hall is in litigation with the City over the recent view impairment case.
Jennifer Ise, Rancho Palos Verdes resident addressed the City Council and stated that she is in support of
Mrs. Greenberg. She stated that she's interested in this case because of the environmental consequences of
the potential decision. She stated that the Committee on Trees and Views' Resolution if upheld by the City
Council could have disastrous long-term cumulative environmental impacts for the City and surrounding
Palos Verdes Peninsula communities. She indicated that the CEQA analysis should have thoroughly
evaluated cumulative impacts and the potential climate change impacts because the precedent could lead
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to significant loss of large trees throughout the City. Also, trees improve the quality of life for individuals
and communities providing environmental, social and economic benefits. People are looking to live in
areas with green space and trails to reconnect with nature and look for ways to live healthier. She stated
that large trees are necessary and that large mature and healthy trees larger than 77 centimeters in diameter
remove approximately 70 times more air pollution annually than small healthy trees less than 8
centimeters in diameter. Every hundred healthy, large trees remove about 500 pounds of air pollution, and
about 15 tons of carbon dioxide from the air each year. She indicated that Mrs. Greenberg should be able
to reasonably use her property in a way that protects and optimizes her health.
Cathy Nichols, 14 Crest Road West addressed the City Council stating that there's been a lot of recent
study about how walking for just 15 minutes a day in a green space area significantly reduces blood
pressure as well as what it does to people to live in a highly polluted area. She stated that the trees in
Rolling Hills are good for the community and that they significantly add to property value. She mentioned
that the creator of Rolling Hills and San Luis Obispo said that he picked the site for Rolling Hills but that
he could not sell a property unless he planted a tree on it. She reiterated the importance of trees over the
view and the importance of mature trees and vegetation to stabilize the hill.
Mayor Black stated that the public hearing will be continued to an adjourned regular meeting of the City
Council scheduled to be held on Monday, August 20th at 6:30 p.m. for the purpose to conduct a field visit
to 1 Wagon Lane and 32 Portuguese Bend Road. He stated that public testimony will be taken again at the
regular City Council meeting scheduled for August 27 y at 7:30 p.m.
City Attorney Jenkins indicated that no testimony will be taken at the field trip scheduled for Monday,
August 20th as the field trip meetings are not recorded.
Discussion ensued regarding the materials to be provided for the August 27th City Council meeting. City
Attorney Jenkins indicated that the materials for that meeting will include a more extensive report that will
have a point by point response to each of the 24 -points raised in the appeal. City Manager Dahlerbruch
stated that additional information from the previous meetings of the Committee on Trees and Views will
also be provided as background material.
Councilmember Pernell asked if photographs of the trees on the property could be provided for the August
20th meeting so the members of the City Council could easily identify certain trees. In response to
Councilmember Pernell, City Manager Dahlerbruch stated that photographs, additional materials and a
site plan will also be provided to allow to identify the locations of the trees.
Following public testimony and discussion, Mayor Black continued the public hearing to the field trip
scheduled for Monday, August 20, 2012 at 6:30 p.m. at 1 Wagon Lane and 32 Portuguese Bend Road. He
reiterated that no public testimony will be taken at the field trip.
OLD BUSINESS
None.
NEW BUSINESS
None.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
Councilmember Pernell reported on the Annual CJPIA Board of Directors meeting he attended with City
Manager Dahlerbruch on July 18. He mentioned that CJPIA currently services about 122 entities all over
the state and that they now have local offices. He was very complementary of the CJPIA's administration,
their programs and trainings.
MATTERS FROM STAFF
City Manager Dahlerbruch indicated that a letter about trespassing in response to the RHCA request will
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be mailed this week. He explained that Penal Code section 602 provides the Sheriff's Department with the
authority to cite for trespassing in the community and on the trails and that additional City Ordinance
would be duplicative and therefore unnecessary. There were no objections raised to a letter being sent.
City Manager Dahlerbruch reported on a meeting with Johns Canyon Road and Storm Hill Lane residents
held earlier in the day about sewer main line extension and the creation of a new Improvement District. He
stated that Councilmember Heinsheimer was also present and participated as a resident and that interest
was expressed among the neighbors to create a sewer district. He mentioned that 7 properties were
represented at the meeting and that there may be about 8-9 property owners who would be interested in
creating the district and removing the overhead power lines.
City Manager Dahlerbruch announced that on Thursday, August 9 the Planning Commission will begin
conversation about the existing view Ordinance and that notice about the meeting was placed in the
citywide Newsletter.
MATTERS FROM THE CITY ATTORNEY
CLOSED SESSION
The City Council finds, based on advice from legal counsel, that discussion in open session will
prejudice the position of the local agency in the litigation.
G.C. 54956.9(a)
Howard H. Hall, an individual, as Trustee of the Howard H. Hall Living Trust v. City of Rolling
Hills, Oksana R. Bihun, Los Angeles County Superior Court Case No. BS136694.
G.C. 54956.9(a)
Howard H. Hall, an individual, as Trustee of the Howard H. Hall Living Trust v. Oksana R. Bihun,
City of Rolling Hills, et al., Los Angeles County Superior Court Case No. BC482607.
G.C. 54956.9(a)
Richard C. Colyear, an individual, v. Anton Dahlerbruch, City Manager/City Clerk, City of
Rolling Hills, et al., Los Angeles County Superior Court Case No. BS138363.
The City Council recessed into closed session at 8:53 p.m. to discuss the Colyear v. Anton Dahlerbruch,
City Manager/City Clerk, City of Rolling Hills, et al litigation case listed above. Following the closed
session, City Attorney Jenkins reported in open session that no action was taken other than to authorize
the City Attorney's office to defend the City in the litigation.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Black adjourned the meeting at 9:15 p.m. to
the next regular meeting of the City Council scheduled to be held on Monday, August 13, 2012 beginning
at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills,
California. An adjourned regular meeting of the City Council was scheduled to be held on Monday,
August 20, 2012 beginning at 6:30 p.m. at 1 Wagon Lane for the purpose of a site visit to 1 Wagon Lane
and 32 Portuguese Bend Road.
Respectfully submitted,
AP zu,
Ewa Nikodem
Administrative Assistant
Approved 7
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James Bla D.
Mayor
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