08-24-15 MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CIT�OF ROLLING HILLS, CALIFORNIA
MONDAY,AUGUST 24,2015
CALL TO ORDER
A reguiar mee�ing of the City Cauncil af the City of Rolling Hills was called to order by Mayor Pieper at
7:31 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road,Rolling Hills, California.
ROLL CALL
Councilmembers Present: Black, Dieringer, Mirsch, Wilson and Mayor Pieper.
Councilmembers Absent: None.
Others Present: Raymond R. Cruz, City Manager.
Mike Jenkins, City Attorney.
Yolanta.Schwartz,Planning Director.
Terry Shea,Finance Director.
Ewa Nikodem,Administrative Assistant.
Lisa Naslund, Los Angeles County Building and Safety.
Jim Hynes, 23 Crest Road East.
Doug Morris,Doug Morris Construction.
Carmen Schaye, 58 Portuguese Bend Road.
Charlie Raine,2 Pinto Road.
CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any Councilmember may
request r�moval of any item from the Consent Calendar causing it to be considered under Council Actions.
A. Minutes -Regular Meeting of August �0,2015.
RECONIlVIENDATION: Approve as prese�ted.
B. Payment of Bills.
RECOMIVV�NDATION: Approve as presented.
C. Allied Recycling Tonnage Report for July,2015. .
RECOMMENDA'I'ION: Receive�nd file.
Mayor Pro Tem Dieringer asked #hat item 3-A be removed from the consent calendar for individual
consideration. Hearing no abjection, Mayor Pieper so ordered. Mayor Pra Tem Dieringer noted one
correction to the minufes ta more accurately summarize her comments on circle page 6. Fo�lowing brief
discussion, Mayor Pro Tem Dieringer moved that the City Council approve the minutes as amended and
the remaining items on the consent calendar as presented. Councilmember Mirsch seconded the motion,
which carried without objection.
Circde Page 6 — replace the word "eliminate" with "lirnit" and �he word "developer" with "wireless
carrier" so the sentence would read as follow " ... AB 57 would limit local control and put the wireless
carrier in control."
Recagnizing that Finance Directar Shea was pz�esent,Mayox P�epex asked to take Agenda Item 10-A ou#of
order. Hearing no objection he so ordexed.
MATTERS FROM STAFF
QUARTERLY SCHEDULE OF iNVESTMENTS REP4RT k'�R THE QUARTER ENDING
JLJNE 30, 2015.
Mayor Pieper in�oduced the item an asked �or staf�s comments. Finance Director Shea presented the
investmen#report for the quarter ending June 30, 2015. He reported that active deposits went down a little
because of a payment to Republic Services and stated that �pus Bank confirmed that they wiil reverse
their monthly charges. He reviewed the total investments and current interest rates and stated that the total
-1-
cash is $6,071,614.
COMMISS�ON ITEMS
None.
PUBLIC HEARINGS
CONTINUED PUBLIC HEARING IN ZONING CASE NO. 862: FURTHER CONSIDERATI�N
OF A REQUEST FOR SITE PLAN REVTEW FOR ADDITIONAL GRADING AND
MODIFICATION TO BASEMENT ACCESS AND A VARIANCE TO RECONSTRUCT TI�
REAR SLOPES THAT WOULD BE STEEPER THAN THE MAXIMUM PERMITTED
SLOPES ("DEFERRED ITEMS") !N ZONING CASE NO. 862 AT 40 EASTFIELD DRIVE
(LOT 91-EF}, ROLLING HII..LS, CA (TONSICH). THE PROJECT IS CAT'EGORICALLY
EXEMI'T FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA).
Mayor Pieper introduced the item and asked fo� staf�s comments. Planning Director Schwartz sta#ed that
the City Council �isited the site earlier i:n the day to view a mock-up of the proposed slopes at the rear of
the residence that can be seen from Outrider Road. 5he reviewed the applicant's request in Zoning Case
Na. 862 at 40 Eastfield Drive stating that this case was taken under jurisdiction by the City Council at the
7anuary 12, 20�5 meeting and that on March 23, 2Q 15 the City Council adopted Resolution No. 1172
granting various madi�cations ta the project. At that time, the City Council did not approve the
applicant's request for a staircase leading from the upper level around the comer of the house into the
eiectrica� room and light well and to re-grade the rear portion of the lat between the residence and
Outrider Road. The City Counci� postponed consideratian of those two items to allow applicant to revise
the request or to prave tha� the grade was steeper than 2:1. She reported that currently, the applicant
requests approval of the 4 feet wide staircase to the electrical room in the same configuration as in the
pre�vious proposal tog�ther with a 2 feet high keystone wall along the rear of the residence and parking
pad. She sta.ted that the applicant proposes to retain the flat area at the bottam af the property. The part of
the slope between the wal�and the basement varies fram i.7:1 to 2:1 and the remainder of the slope below
the keystone wall wau�d be 1.5:1, except that the slope along the pathway that accesses the septic tank
area would be 2:1. She indicated that at the August 10, 2015 City Council meeting the applicant
submitted some historical data with regard to the original condition of the slope. She furtiier reviewed a
previously appro�ed plan,which shaws that the slopes were originally greater than 2:I. She also reviewed
the March 3, 2015 Coast Geotechnical geologist's report and concluded that the locations for the seepage
pit and the septic tank were selected based on that report. In response to Councilmember Black, Planning
Director Schwarkz explained that the total lot coverage, including structure and flatwork, will be 29% and
structural 1ot coverage will be 19.97%. She mentioned that per the Rolling Hills M�xnicipal Code, the
maximum permitted total lot coverage is 35% and structural lot coverage is 20%, so if the project is to be
approved, the coverage will be within the Code. She also stated that the guideline for building pad
caverage, which includes the flat portion of the lot including the driveway, is 30%. Planning Director
Schwartz stated that Lisa Naslund, the Los Angeles County Building and Safety Official and Doug
Morris,the applicant's contractor, are present to answer any questions.
Following brief discussion concerning the location of the septic tank, the leaning fence in the rear of the
property and the steepness of the slope, Mayor Pieper opened the public hearing and ca.11ed for public
comrnent. Hearing none,he closed the public hearing.
Discussion ensued cancerning the s�ope and the flat area. Mayor Pro Tern Dieringer expressed concern
regarding #he �ocation of the septic tank and asked if it could be located elsewhere so that tl�e slopes can
be reconstructed at 2:1. Further discussion ensued concerning the alternate locations for the septic tank,
the integrity of the slope and the changes that were made to the building pad when the size of the house
was increased.
Councilmembers expressed concern that the project, as currently proposed, does not look good from
Outrider Road; however having a portion o£the area for the stable set aside in a sloped area is not idea� for
someone who would like to have an equestrian facility. Following lengthy discussion concerning the
location of the septic tank, the seepage pits, the proposed location for the stable and the play area as well
as landscaping and reconstructing the slope, the City Council concluded that this project would need to be
resolved in such a way sa it is beneficial to the applicant,to his neighbars and to the City.
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City Councii Meeting
08-24-15 -2-
Further discussion ensued concerning landscaping bond, the terms of tl�e bond and landscaping opt�ons to
screen the rear of the property.
Following lengthy discussion Mayor Pieper called far a motion. Mayor Pro Te�n Dieringe�moved that the
City Council continue the public hearing and request the applicant to pravide evidence of stability of the
slope. The motion died for lack of a second.
Follawing further discussion, Councilmember Wilson moved that the City Council direct staff ta prepare a
Resolution granting approval of the applicant's request in Zoning Case No. 862 at 40 Eastfield Drive with
the standard findings of fact and conditions of approval contingent on applicant submitting a detailed
landscaping plan, start�ng with large trees from the start and that a condition be placed on the approval
requiring a deposit of a landscaping bond to be held by the City for up to five-years in the amount of the
landscaping work, {labor, material and 'urigation}, plus 15% of the cost, to be refunded only i� it is
determined that the landscaping is in goad conditions and meets the intent of tlie Resoludon. The
landscaping plan must address screening of the entire site at all times; and specifical�y the rear slope, the
retaining wall, the baseinent walls and the stairs to the basement from Outrider Road and from the
neighbors to the north-west. In addition, the landscaping plan must provide for replacement of trees and
vegetation shoi�ld the elcisting trees die; list the type of planting and show their placement in a manner that
they would not grow into a hedge �ike screen or into neighbors' views of the harbor and other scenic
vistas. Councilmember Mirsch seconded the motion, which carried by the following roll call vote:
AYES: Councilmembers Mirsch, Wiison and Mayor Pieper.
NOES: Councilmember Black and Mayor Pro Tem Dieringer.
ABSENT: None.
ABSTAIN: None.
ZONING CASE NO. 869, SUBDIVISION NO. 94, VESTING TENTATIVE PARCEL MAP
NO. 72775 — A REQUEST TQ SUBDNIDE AN EXISTING LOT TOTALING 7.Q5 ACRES
GROSS INTO 2 PARCELS OF LAND AS FOLLOWS: PARCEL 1: 3.70 GROSS ACRES, 3.0
NET ACRES; PARCEL 2: 3.34 GROSS ACRES, 2.67 NET ACRES. THE PROPERTY IS
CURRENTLY VACANT AND IS KNOWN AS 23 CREST ROAD EAST, (LOT 32-A-MS),
PARCEL NO.: 7567-011-020 IN TI� RA-S-2 ZONE, RESIDENTIAL AGRICULTURAL
SUBURBAN 2-ACRE MINIMUM NET LOT AREA, TO BE IMPLEMENTED BY MR. JIM
HYNES.
Mayor Pieper introduced the item and asked for staff's comments. Planning Directar Schwartz indicated
that the applicant is requesting to subdi�ide an existuig 1ot laiown as 23 Crest Road East, located on the
south side of Crest Road East, between Georgeff Road and Caballeros Road into 2 parcels. Parcel 1 is
proposed to be 3.70 acres and Parcel2 is proposed to be 3.34 acres. She stated tha# the lot is vacant and
was nat previously developed and that no plans were submitted £ox development, other than for feasibility
of future construction. She stated that staff has prepared ari Initial Study evalua.t�.ng patential
environmental impacts and concluded that with mitigation measures the proposed subdivisian wi�l not
have a significant effect on the environment. Accordingly, a Mitigated Negative Declaration has been
prepared. Sh� reported that a Geatechnical and Geological Investigation Study, including preliminary
percolation was prepared for the purpose of evaluating the subsurface condition at the site and to provide
geotechnical and geological recommendations for the proposed future construction of twa single famiiy
hames. She stated that the reports were reviewed by Willdan Engineering and they confirmed that the lot
is feasib�e for subdivision provided that the recommendations and design guidelines specified in tl�e
reports are implemented during constiuction. She also mentioned t�iat pursuant to the California
Environmental Quality Act (CEQA) staff mailed the Initia] Study to local Cities and State agencies for
their comments and as a result received some conditions to pratect the natural drainage course ax�d the
blue line stream from any debris and storm water runoff and other conditions that will be included in the
City Council Resolution upon approval of the project. Planning Director Schwartz further reported that
new driveways will be constructed for each of the �wo new lots from Crest Road East and the proposed
driveways were reviewed a�d recornmended for approval by the Traffic Commission at their January 22,
2015 meeting. She also stated that the Planning Commission held several public hearings in this case, held
a field trip visit to the property and at their meeting an May 19, 2015 approved Resolution No. 2015-11
recommending approval of a Vesting Tentative Parcel Map No, 72775 Subdivisian No. 94, a request to
subdivide the vacant lot into two single family r�sidential lots pending satisfactory proposal and
explanation of the post-development drainage system. She also stated that Willdan Engineering has
reviewed the Iot for feasibility with standards in areas inc�uding streets, soils, geology, fire pre�ention,
septic tank review, water availability, drainage and grading and that they recommended approval of the
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City Council Meeting
08-24-15 -3-
project, as the subdivision mcets the criteria and requirements for a lot split. She mentioned that addition�.l
soils, geology, seepage pit studies will be required prior to approvai of a development on either of the lots.
She indicated that the applicant's engineer prepared a plan for controlling runoff water, which was
reviewed by Willdan Engineering and approved in concept. She mentioned that while Planning
Carnmission considered this case, that several neighbors questioned the feasibility of the runoff system
and expressed concern that the system will deposit past development runoff to an akeady overburdened
Little Klondike Canyon. Based on the neighbor's comments, the applicant revised their draina.ge plan to
allow retention of the runoff in underground storage cisterns to be located underneath the driveway on
each lat. The cisterns will collect r�anoff from the driveway, roof downspouts and the general upper pad
area. The runaff will first pass through a pre-treatment system and then enter into the storage cisterns. An
overflow system would be installed to address times when the volume exceeds fhe capacity in the cisterns,
such as a pump, which would release th� excess volume possibly for irrigation. She stated that the City
recei�ed several letters fram neighboring property owners recommending denial of the subdivision and
that the letters are included in the staff report. She further stated that the proposed subdivision is subject to
separa�e review and approval by the Rolling Hills Community Associarion.
In response to Mayor Pro Tem Dieringer as to why the Klondike Canyan Geologic Hazard Assessment
District (GHAD}was not among the reviewing agencies in this project, Planning Director Schwartz stated
that all local and state agencies that are required to be notified in this project were nonfied and that each
agency respanded back. She indicated that the City was not aware of the Klondike Canyon GHAD but that
she will look into it and contact the City of Rancho Palos Verdes as the Klondike Canyon GHAD is in
their jurisdiction.
Brief discussion ensued about a 25-year versus 50�year rain storm and haw it is measured. Jim Hynes,
applicant explained that the rain storm is based on statistical rnodeling for rainfall.
Mayor Pieper opened the public hearing and called for public comment.
Charlie Ra�ine, 4 Pinto Road addressed the City Councii stating that once the lots are developed, the
residents of the Flying Triangle and areas above will be affected by the additianal runoff down Little
Klondike Canyan. He stated that there are a number af issues for downhill residents that are a cause for
concern as in the past heavy rains have maxed out the capaci�y o£the pipes under a shared driveway on
Portuguese Bend Road and at the cu�-de-sac on Pinto Road. 5hould it happen again there could be a
significant consequence for the properties down below fram the subject lot. He asked that a condition be
placed on the subdivision approval that any subsequent improvements of the lots will contribute zero
added surface flow down Little Klondike Canyon based on 50-year starm.
Carmen Schaye, 58 Poriuguese Bend Road addressed the City Council to express concern that the future
development of the lots will cause additional stress on the slope and cause damage to the existing
properties down below. She asked that if the project is approved, the existing hoznes located below tlie
vacant lot be protected against potential land movement.
Following discussion pertaining to starm water runoff and more stringent retention of water on the
proposed lots tl�e applicant was directed to provide additional information about the storm water runoff
system and to explain the difference between the 25, 50 and 100-year rain storm statistics in relation to
this project. Also the City Cauncil asked that the applicant's engineer be present at the next City Council
meeting to answer questions about tl�e proposed storm water retention system.
Follawing brief discussion and public commen#, the City Counci� continued the public hearing and
scheduled a field trip to the site to gain further understanding of the applicant's request. The field tnip was
scheduled for Manday, September 14, 2015 beginning at 6:30 p.m. at 23 Crest Road East. The City
Council also agreed to visit the properties below the subj�ct site.
OLD BUSINESS
None.
NEW BUSINESS
None.
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City Council Meeting
08-24-15 -4-
OPEN AGENDA-APPROXIMATELY 8:U0 P.M. -PUBLIC COMMENT WELC�ME
None.
MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
UPDATE ON THE PALOS VERDES PENIlVSULA REGIONAL LAW ENFORCEMENT
COMMITTEE MEETING(ORAL).
Mayor Pxo Tern Dieringez�provided an update on the discussion from the August 13, 2415 meeting of the
Palos Verdes Peninsula Regional Law En£orcement Committee meeting. She x�eported that burglaries,
security cameras and policing strategies were discussed. She indicated that identity thefts continue to be
reported and mentioned that at the meeting it was stated that merchants are not allowed to ask for
identif cation while customer is using a credit card to pay for purchases. She fiirtl�er stated that paper
license plates are illegal and residents should be infarmed that vehicles with paper license plates should be
reported to the SherifPs Dept. She a�so mentioned that McCormick Ambulance is worl�ng on improving
their response time.
MATTERS FROM STAFF
CONSIDERATION �F THE DRAFT PUBLIC INFORMATION DOCUMENT "WII.DFIRE
PREVENTION AND FIItE FUEL REDUCTION RESOURCES"FOR APPROVAL.
Mayor Pieper intraduced the item and asked for staff's comments. City Manager Cruz presented the staff
report indicating that the City Council Ad Hoc Fire Fuel Reduction Committee at their July 1, 2015
meeting recommended that that the City Council send a direct mailer to evezy Rolling Hills household
requesting that residents remove the wild tall grasses from their properties.
Following brief discussion, Mayor Pieper suggested that the last paragraph be revised ta include "dead
vegetation and dead trees" sa that the sentence would read as Follows: "The present drought condition rn
the State of Calaforraia had corrapounded the problem, so make wild tall dry grass, dead vegetation and
dead trees removad a priot�ity on your propertyl". �t was also suggested that the article be published in the
Rolling Hills Living Magazine, be available on the City website and be mentioned in the citywide
Newsletter.
Following further discussion, Councilmember Mirsch moved that the City Council dir�ct sta.�f to proceed
with producing of the informational flyer as amended and advertise it in the citywide Newsletter, post the
flyer on the City website, include in the October 2015 Rolling Hills Living Magazine and also mail to all
residents. Councilmember Black seconded the motion,which carried withaut objection.
STATLTS REPORT CONCERNING THE RESIDENTIAL BURGLARIES.
Mayor Pieper introduced the item and asked far s#af�s comments. City Mana.ger Cruz presented the s�taff
report stating that since December 2013 the City of Rolling Hills has ha.d seven�een burglaries. He stated
that ma�ority of the incidents were in th�; vicinity of Southfield Drive. He co�firmed that the City has
purchased 5 security cameras and another surveillance tool that the Sherii�s detectives now have in their
possession to assist with their investigatian. He mentioned tha� residents farmed the "Southfield Task
Force" to address the burglaries and they are currently working on implementing a three-month pilot
program to have a private security services to patrol the neighborhood.
Counciimember Mirsch stated that she noticed increased presence of the Sherif�s Depu�ies in marked
vehicles in the City. She suggested that an article be placed in the citywide newsletter to let residents
knaw that Lomita Sherif�s Department is accepting donations of used ATVs. The ATVs wi11 be driven by
t1�e Sheriffs Deputies to patrol the trails. City Manager Cruz was asked to contact the Sheriffls Dept. and
find out what ATVs can be used on the trails and how residents can donate the ATVs to the Sheriff's
Department.
Mayor Pieper stated that it may be helpful to ask the Sheriff s Dept. to reassign the Traffic Deputy from
the stop si� on Portuguese Bend Road at lower Saddleback Raad/Middleridge Lane to the stap sign on
Crest Road East at Southfield Drive.
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City Cout�cil Meetrng
08-24-15 -5-
REPORT REGARDING REPEAT DEVELOPMENT APPLICATIONS AFTER DENIAL.
Mayor Pieper introduced the item an asked for staf�s comments. P�anning Director Schwartz presented
the staff report and reviewed the current provision in the Zonirig Code pertaining to reapplication for a
discretionary permit after the previous application was denied. She indicated that it is very rare that a
praject is denied in the City and she reviewed the project application process. She stated that staff is
available to meet with the applicants or their agEnts and advise them of the requirements so that the
application meets the requixements of the City's Code. In response to Mayor Pro Tem Dieringer whether
other cities follow the same procedures, Planning Director Schwartz confirmed that she queried the staff at
the three other cities on the Peninsula about their requirernents for reapplication and that each of the three
cities responded�hat they have the same requirernents as ours. Following brief discussion, Counciimember
Black moved that the City Council receive and file the report as presented. Councilmember Mirsch
seconded the motion,which carnied by the following roll cal�vote:
AYES: Councilmernbers Black,Mirsch, Wilson and Mayor Pieper.
NOES: Mayor Pro Tem Dieringer.
ABSENT: None.
ABSTAIN: None.
PUBLIC COMMENT �N CLOSED SESSION ITEMS
None.
CLOSED SESSI�N
None.
RETURN TO OPEN SESSION
Nane.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Pieper adjourned the meeting at lO:Od p.m.
An adjourned regular meeting of the City Council is scheduled to be held on Monday, Septeznber 14, 2015
beginning at 6:3Q p.m. for the purpose of conducting a field trip to 23 Crest Road East. The next regular
meetang of the City Counczl zs scheduled to be he�d on Monday, September 14, 2415 beginning at 7:30
p.m, in the City Council Chamber at City Hall, 2 Portuguese Bend Road,Rolling Hills, Califorriia.
Respectfully submitted,
� 1���
Ewa Nikodem
Administrative Assistant
Approved,
Jeff eper
yor
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City Council Meeting
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