11-23-15 MINUTES OF
A REGiTLAR MEETING
OF THE
C1TY CDUNCIL OF THE
CTTY UF ROLLING ffiLLS,CALIFORNIA
MONDAY,NOVEMBER 23,2015
CALL TO �RDER
A reguiar meeting of the City Co�uncil of the City of Rolling Hi11s was called to order by Mayor Pieper at
7:30 p.m, in#he City Cauncil Chamber at City Hall,2 Portuguese Bend Road,Ralli�ug Hills, California.
ROLL CALL
Councilmembers Present: Black,Dieringer,Mirsch, Wilson and Mayor Pieper.
Councilmembers Absent: None.
Others Present: Raymond R. Crux, City Manager.
Mike Jenkins, City Attorney.
Yolanta Schwartz,Planning Director.
Heidi Luce, City Clerk.
Kim Fuentes,Deputy Executive Director, SBCCOG.
Lt. Michael White, Los Angeles County Sheriff's Dept.,Lomita Sta.tion.
Tai Chung, 11 Road�er Road.
Tom Heinsheimer, 7 Johns Canyo;�Raad.
Norm Miller, 4 Chesterfield Drive.
Richard Colyear, 35 Crest Raad West.
Russ Coser, 56 Eastfield Drive,
Steve Nuccion, 18 Porluguese Bend Road.
Howard Weinberg, Weinberg Law Group.
William Hassoldt, 15 Portuguese Bend Road.
Hal Light,Attorney.
Roger Hawkins, 37 Crest Road West.
Michael Sherman, 33 Crest Road East.
Marcia Schoettle, 24 Eastfield Drive.
Scott Hale,Asst. Chief, Los Angeles County Fire Dept.
CUNSENT 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�e considered under Council Actions.
A. City Council Personnel Cammittee meeting notes ofNovember i6, 2015.
RECOMN�NDA1'I4N: Receive and file.
B. Payment of Bills.
RECONIII�NDATION: Approve as presented.
C. Financial Statement for the Manth of Ju1y,August and September, 2015.
RECOMMENDATION: Approve as presented.
D. A11ied Recycling Tonnage Report for October, 2015.
RECONIIVIENDATION: Receive and file.
E. Notice of Completion for FY 2015-16 Replacement of Traffc Striping and Pavement
Markings on Certain Streets in.the City of Rolling Hills.
RECONIII�NDATIUN: Apprave�s presented.
F. List of 20�6 City Council Meeting Dates and City Holidays.
RECOMMENDATTON: Receive and file.
Cauncilmember Mirsch rnoved that the City Council approve the items on the cansent calendar as
presented. Mayor Pro Tem Dieringer seconded the motion,which carried without ob�ection.
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colvrn�issroN i�n�s
RESOLUTION N0. 2015-22 — A RESOLUTI�N OF THE PLANNING COMM�SSION OF
THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE
PERMIT, SITE PLAN REVIEW AND VARIANCES FOR GRADING AND CONSTRUCTION
OF A RID1NG ARENA, LUNGING RING TO BE LOCATED IN THE FRONT YARD AREA
OF THE LOT AND TO RETAiN AN A5 BUILT GAZEBO IN THE FRONT YARD AREA OF
THE LOT IN ZONING CASE NO. 840 AT 1 MIDDLERIDGE LANE SOUTH, (L�T 167-UR},
(POPOVICH).
Mayar Pieper introduced the item and asked for staff camments. Planning Director Schwartz reviewed
the applicant's request in Zoning Case No. 890 a� 1 Middleridge Lane South to construct a c�ressage arena
and lunging ring in the front yard area of the property. She stated that the Planning Commission approved
the applicant's request recognizing that it is a positi�e addition to the community and encourages
equestrian uses on the properry and legalizes two structures on the property for which there are currently
no building permits. She further reviewed the conditions of approval stating that if there is a compiaint
regarding glare should a rnirror be installed on the arena that the applicant shall rnitigate the problem for
tk�e comp�aining party.
In response to Co�ancilmember Wilson regarding enforcement of glare complaints, Planning Director
Schwartz stated that the complaints would be handled by staff as a code enforcement matter and will be
required to be mitigated to the satisfaction of the cornplaining party.
Following brief discussion regarding tl�e proposed grading and measures for managing dust from the
arena, Councilmember Mirsch moved that the City Council rece�ve and file Planning Com�nission
Resolution No. 2015-22 granting approval of tiie applicant's request in Zoning Case No. 890 at 1
Middle�idge Lane South. Councilmember Wilson seconded the motion, which carried without objection.
Recognizing that representatives from #he South Bay Cities Council af Governm�nts (SBCCOG) wer� in
attendance at the meeting regarding agenda item 7A pertaining to approving strategies for energy
efficiency in�he City of Rolling Hi�ls, Mayor Pieper suggested that the ite�n be taken out of order. Hearing
no objection,he so ordered.
NEW BUSINESS
APPROVAL OF STRATEGIES FOR ENERGY EFFICIENCY IN THE CITY OF ROLLING
HILLS FOR THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS CLIMATE ACTION
PLAN.
Mayor Piep�' in�r'oduced the item and asked for staff's comments. City Manager Cruz presented the staff
report stating that the Sauth Bay Cities Council of Go�emments (SBCCOG}is preparing a Climate Acdon
Plan {CAP) to serve as Rolling Hi�ls' guide for reducing greenhouse gas emissions in both municipal
operations and the residential community at large. He stated that before the City Council this evening is
consideratian of approval of proposed energy efficiency reduction strategies that will be later incorporated
into the final CA.P. He introduced Kim Fuentes, from SBCCOG to review the proposed strategies.
Ms. Fuentes reviewed the praposed strategies that were prepared in coordination with their CAP
consultant, Atkins and City sta#f. Having reviewed the strategies as presented in the staff report,
Councilmember Biack suggested that far the Community strategies the City should pramote rather than
require the strategies be implemented.
Following brief discussion conce;ning incentives available to the community for implementing the
strategies, Councilmernber Black moved that the City Council adopt the strategies for energy efficiency as
amended to strike tbe word "require" from each of the community strategies. Mayor Pro Tem Dieringer
seconded the motion, which carried withaut objection.
Mayar Pieper further suggested that itern l0A regarding the burglary update also be taken out of arder.
Hearing no abjecnon,he so ordered.
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City Council Meeting
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MATTERS FROM STAFF
BURGLARY UPDATE. (ORAL REPORT'}
Mayor Pieper introduced the item and asked for staff's comments. City Manager Cruz stated that the
current supplemental patrol progratri that began in September and was initiated in respoanse to the
burglaries that occurred over the suminer. Lt. Michael White provided an update regarding the strategies
implemented during the supplemental Sheriff's Dept. patrol in the City noting that since the program was
---- implemented, there has not been a residential burglary in the City. He furkher stated that Captain Bolin
recommends continuing the supplemental �atrol. Following brief discussion, Councilmember Mirsch
moved that the City continue the supplemental patrol. Councxirnember Black seconded the motian which
carried withaut objection.
Councilmember Black suggested that item 7B a�so be taken out of order. Hearing no objec#ion, Mayor
Pieper so ardered.
NEW BUSINESS
RESOLUTION NO. 1181 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS L�MITING THE CITY'S CONTRIBUTION TO EMPLOYEE MEDICAL,
DENTAL AND VISION INSUR.ANCE PREMIUM COST AND I7PDATING THE EMPLOYEE
HANDBOOK AND PERSONNEL POLTCY MANUAL ACCORDINGLY.
Mayor Pieper introduced the item and asked for staff's comments. City Manager Cn�z presented the staff
report stating that as a part of the review of employee compensatian and benefits, the City Council
Personnel Cornmittee recommends that the City Council keep the ciurent medical insurance cap at$1,642
per month and esta.blish a new cap for dental insurance for the maximuxn family premium at $202 per
month based on the 2015 rate for the Met Life DPO plan; and for vision insurance for the maximum
family premium at $30 per month based an the 2015 rate for the VSP plan to be effective January i, 2016.
He stated that the Personnel Comrnittee's recommendations are memorialized in the proposed Resolution
for the City Cauncil's consideration and tl�e Employee Handbook and Personnel Policy Manual will be
updated accordingly if the Resolutivn is adapted. He further sta.ted that #11e premiums will then be
reviewed annually by the PersonnEl Committee and any proposed changes wzll be brought back before the
Cxty Council.
Councilmember Mirsch moved that the City Council adopt Resolution Na. 1181 limiting the City's
contribution to employee medical, dental and vision insurance premium costs. Councilmember Wilson
seconded the motion,which carried without obj ectian.
Recognizing that it v�vas approximately 8:00 p.m., Mayor Pieper called for comment on the open agenda
iterns.
OPEN AGENDA-APPR�XIMATELY 8:00 P.M. -PUBLIC CONIlI�NT WELC�ME
Tai Chung, l.l Roadrunner Road addressed the City Council to suggested that horses be required to wear
diapers.
Tom Heinsheirner, 7 Johns Canyon Road addressed the City Cauncil regarding robacalls and suggested
the City pro�ide information to residents regarding how to apt out.
Norm Miller, 4 Chesterfield Road addressed the City Council regarding funding for undergrounding of
— utility lines.
Richard Colyear, 35 Crest Road W�st addressed the City council concerning the sewer mainline extension
on Johns Canyon Road and offered to pay any unreimbursed costs associated with the project.
Russ Coser, 56 Eastfield Drive addressed the City Cauncil concerning storage of his recreational vehicle
and asked that the City Council consider the matter again. Mayor Pro Tem Dieringer asked that the matter
be agendized far fizture discussion.
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PUBLIC HEARINGS
THE PUBLIC HEARING ON ZONING CASE NO. 880, AT 15 PORTUGUESE BEND
ROAD WILL BE CONTINUED TO JANUARY 25, 2016 — ZONING CASE NO. 880. —
REQUEST FOR A VARIANCE TO ENCROACH WITH 61 SQUARE FEET OF MOSTLY
COMPLETED ADDITiON AND N�T TO EXCEED 3' HIGH RETAINING WALLS INTO
THE SIDE YARD SETBACK AND TO PROVIDE LESS THAN THE MINIMUM REQUIRED
4' WIDE WALKWAY ALONG TI� PERIMETER �F THE ADDITI4N IN ZQNING CASE
NO. 880, AT 15 PORTUGiTESE BEND ROAD (L4T 78-RH), ROLLING HILLS, CA,
(HASSOLDT), THE PROJECT IS EXEMPT FR�M THE CALIFORIVIA ENVIRONMENTAL
QUALITY ACT (CEQA)PURSUANT TO SECTION 15301, CLASS 1 EXEMPTION.
At the request of the applicant, consideration of this item was continued to January 25, 2015.
CONSIDERATION OF TWO APPEALS OF COMMITTEE ON TREES AND VIEWS
RESOLUTION NO. 2015-03-CTV �ETTIlVG FORTH FINDINGS RELATING TO TRIlVIMING
OF TREES AT 15 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT FROM 1$
PORTUGUESE BEND ROAD.
LOCATION OF TREES: 15 PORTUGUESE BEND ROAD
PROPERTY OWNER: MR. AND MRS. HASSOLDT
C�MPLAINANTS: DR. AND MRS. NUCCION
18 PORTUGUESE BEND ROAD
Mayor Pieper in�roduced the item and asked for staffs comments. P�anning Director Schwartz presented
tlie staff report stating that this matter is being appealed to the City Council by both parties as the result of
a Committee on Trees and Views decision in a view impaument complaint filed by the property owner of
18 Portuguese Bend Road {Nuccion) against trees located at the property located at 15 Portuguese Bend
Road (Hassoldt). She stated that the complete appeals as well as the background information on the case
are included in the staff report and have been placec{in a separate three ring binder for the City Cauncil's
reference when considering the appeals. She stated that both appeals were filed in a timeiy manner and
the appeals were set for public heazing pursuant to the Municipal Code. She further stated that in its
considerat�on of the appeals, the City Council will heaz the matter as a new public hearing and should
consider the previous evidence, including the Committee's finding as well as new evidence; and the Citq
Cour�cil may uphold, reverse or modify the Committee's decision based on the evidence received or the
matter may be remanded back ta the Coinmittee. She further commented that the City Council is only
rec�uir�d to take the matters listed in the appeals under eonsideratian. She briefly reviewed the basis for
each of the appeals stating that the tree owners (Hassoldt), in their appeal, assert that the Nuccions did not
establish c�ear and convuicing evidence that there was a view when they purchased the property in April
2009; that the trees should all be consider�d mature,thus exempt from action; and that they did nat receive
proper notice of the hearing before the Cammittee on Trees and Views. She stated that the Nuccion
appeal asserts that the Committee erred in its determination that two of the oli�e trees were mature and
exemp# from remediation and that the Cammittee abused ifs discretion in selecting one arborist's report
over the others.
Planning Director Schwartz further stated that it was determined, in consultation with the Fair Political
Practices Commission that Mayor Pieper may participate in this process even though his property is wi#lzin
500 ft. of the properties in the appeal.
Pianning Director Schwartz further reviewed t1�e background af this view iinpairment case stating that the
ariginal complaint was filed in April 2014 and was subsequently referred to mediation. After several
months of unsuccessfixl mediation, the Nuccions submitted an application for a hearing before the
Committee on Trees and Views and a public hearing commenced. Following several public hearings, a
site visit and having received several arborists reports relative ta the maturity of the t��es, the Committee
�nade the necessary findings and called for certain restorative action on nine of trees as set forth in
Resolution No. 2015-03-CTV.
Planning Director Schwartz stated that additional informa�ion related to the appeal was received today
fram the Nuccion's attorney and that infarmation has been placed on the da.is as well as rr�ade available to
the pub�ic.
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Brief discussion ensued concerning the basis for the Hassoldt appeal and the Committee's reference to
A.E. Hanson's book Rolling Hills, The Early Years in esta.blisl�ing whether or not the trees were mature.
Mayor Pieper stated that as a part of its consideration of the appeals, the City Council will schedule a field
trip to visit the properties. With the understanding that a field trip will be scheduled and this matter will
be continued,Mayor Pieper called for public comment.
Steve Nuccion, 18 Portuguese Bend Road addressed the City Counci� �o further explain the basis for their
appeal. He stated that when they purchased the property at 18 Portuguese Bend Road in 2009 it had a view
and over the next few years, the had a good relationship with the prior owner of the property at 15
Portuguese Bend Road whereby they would help him maintain the trees which helped also maintain their
view. He further commented that they tried to maintain a similar relationship with the Hassoldts when
they purchased the property in 2012, but were unable to do sa and since then, their view has deteriorated
significantly which has resulted in loss of enjoyment and value of their property.
�n response ta Mayor Pro Tem Dieringer, Dr. Nuccion sta.ted that he does not know the exact date that
they first trimmed the trees at 15 Portuguese Bend Road and explained the process by which they acquired
their properiy.
Howard Weinberg, Attorney addressed the City Council on behalf of the Nuccions to briefly respond to
the Hassoldt appeal recognizing that the record on the case is quite extensive and there will be a field trip
and future public hearings. He stated that when the Nuccions purchased their property in 2009, there was
a view and although the photographs submitted are not from 2009, the view they had when then moved in
was as good or better than what was shown in the photographs submitted and any trimming that was done
subsequent to 2009 was only done to maintain the view. He further explained the basis of their appea�,
specifically with relatian to the issue af the maturity of the trees.
Hal Light, Attorney addressed the City Council on behalf of the Hassoldts to further explain the basis for
their appeal stating that the City Council has to first determine what �i�w existed when the Nuccions
acquired their property in Apri12009. He fixrther stated they assert that a vi�w did not exist in 2009 when
the Nuccians acquired the property, but rather the view was created sometime subsequent to that time. He
provided further background with regazd to the basis of their appeal related to the issue of the maturity of
the trees. He furthe�r commented that the Hassoldt's plan to do remedial trimming on all of the�ees for the
health of the trees but they have not been able ta do so because of these proceedings.
Richard ColyEar, 35 Crest Raad West addressed the City Council regarding Measure B and stated that he
feels that the Committee on Trees and Views should have used the results af the independent arborists
report to make its determination.
In response to Councilmember B1ack, City Attorney 7enkins stated that there isn't anything in Measure B
that prevents a property owner from trimming their awn trees. Also in response to Council�ember Black,
City Attorney Jenkins stated that the City cannot compel the restoration of a view that is �mpaired by a
mature tree, not withstanding that it may have been trimmed prior to the date of acquisition. Brief
discussion ensued concerning the fact that the term "mature"is not clearly defined in Measure B.
Following public testimony and discussion the public hearing on this matter was continued to a field trip
scheduled for Monday, January 11, 2016 beginning at 7:04 a.m. Follawing a suggestion by
Councilmember Black, the City Council asked the applicant (Nuccion} to prepare tree inventory map and
asked the Hassoldts to provide access to their property so that the map can be prepared. Both parties
agreed.
OLD BUSINESS
SECOND READING, WAIVE FULL READING AND ADOPT ORDINANCE NO. 345 - AN
ORDINANCE OF THE CITY OF ROLLING HII..LS ADDING CHAPTER 8.30 TO 'TITLE 8 OF
THE ROLLIlVG H1I.LS MUNIClPAL CODE REGARDING ,ABATEMENT OF FIRE FUEL
HAZARDS.
Mayor Pieper introduced the item and asked for staff's comments. City Manager Cr,uz presented the staff
report stating that the pmposed ordinance would declare dead vegetation a public nuisance within the City
of Rolling Hills and will provide the City with increased flexibility to respond to the increasing amount o�
dead vegetation in the community. He sta.ted that the ordinance was in�roduced at the November 9, 2U15
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meeting of the City Council and following pubiic testimony, staff was directed to replace the word
"vegetation" throughout the ordinance with the word "plant or plants." He stated that the revised
ordinance is presented for consideration.
Mayar Pieper called for pubiic comment.
Roger Hawkins, 37 Crest Road West addressed the City Council in opposition to the ordinance stating that
he feels the ordinance is ripe for�itigation and is redundant and unnecessary.
Michael Sherman, 33 Crest Road East addressed the City Coi�ncil stating that based on his experience
di.aring a view impairment case against his properry, he learned that in situations like his where there are
natu�al drainage courses and unstable land situations, dead tress should not be removed. He suggested that
his property should be exempted from the ordinance if it is adopted and stated that he will hold the City
responsible for future losses should trees be required to be xemoved from his praperty. In response
Counci�member Mirsch commented that the City will follow the nuisance abatemen� process when
enforcing the ordinance and will comply with all applicable en�ironmental laws and regulations in
implementing the ordinance.
To� Heinsheimer, 7 Johns Canyon Road addressed the City Counci� in su�pflrt of the ordinance stating
that l�e feels the ordina�nce reinforces the County and State ordinances and provides a measure of local
control.
Norm Miller, 4 Chesterfield Road addressed the City Cauncil stating that he feels that if there are ather
gavernmental agencies that can address fire fuel issues then the City does not need this ordinance.
Marcia Schoettle, 24 Eastfield Drive addressed the City Council in opposition to the ordinance stating that
she applauds the City's efforts in trying to protect the City from fire,bu#she does not feel this ordinance is
the way to do it. She expressed concern that since the process is complaint driven that neighbars could use
this process to address view impairment issues.
Mayor Pro Tem Dieringer suggested that the City Council move cautiously and take mare time to consider
legai opinions to determine that this ordinance is the best way to address fire fuel issues because based on
her preliminary research, she has same concerns regarding the cansfitutionality, including preemption of
the proposed ordinance.
In response to Mayor Pro Tem Dieringer's comments, City Attorney Jenkins stated that he has reviewed
the ordinance and he is satisfied with it. He stated that it is constitutional, lawful and is a proper exercise
of the City's police power per Government Code Section 38771. Mayor Pro Tem Dieringer expressed
further concern that the City Manager does not have the expertise to enforce the ordinance.
Councilmember Black moved that the City Council waive full reading and adopt Ordinance No. 345
pertaining to abatement of fire fuel hazards. Councilmember Wilson seconded the motion, which carried
with Mayor Pro Tem Dieringer opposed.
MATTERS FROM THE CITY COUNCIL Al`TD MEETING ATTENDANCE REPORTS
UPDATE ON THE PALOS VERDES PENIN�ULA REGIONAL LAW ENFORCEMENT
COMMITTEE MEETING HELD ON NOVEMBER 12, 2015. {ORAL REPORT)
Mayor Pro Tern Dieringer provided a recap of the discussions frorn the Navember 12�` Regional Law
Committee meeting including and the discussion pertaining to additional funding for an additianal
Surveillance and Apprehension Team (SA'T) Detective to help combat burglaries. She stated which will
be agendized for the City Council's consideration in January.
MATTERS FROM STAFF
City Manager Cruz reported that an Associate Planner has been hired and will start with the City on
December 28, 2015.
In response to Councilmember Mirsch's suggestian that when information is avaiiable about the coming
SCE upgrade project that it be presented ta the City Council, City Manager Cruz stated that when SCE
provides the detailed information,the matter will be agendized.
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Mayor Pro Tem Dieringer suggested that staff work with the Williamsburg undergrounding group to help
move the project farward.
PUBLIC CONIMENT ON CLOSED SESSION ITEMS
None.
CLOSED SESSION
Government Code §54957
Public Employee Performance Evalua.tion
Title: City Manager
Go�ernment Code §54957.6
Conference with Labor Negotiator
City representa�ive: Personnel Committee (Pieper and Dieringer)
Unrepresented employee: City Manager
The City Council recessed into ciosed session at 10:08 p.m. to discuss the matters listed above on the
clased session agenda. The meeting rehzrned to open session at 10:32 p.m.
RETURN T� OPEN SESSION
ANNOUNCEMENT QF AC'TIONS FROM CLOSED SESSION (ORAL REPORT�.
The meetimg was called back to order in open session at 14:32 p.m. City Attorney Jenkins reported that the
Ciry Council met in closed session to discuss the item listed above and no reportable action was taken.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Pieper adjourned the meeting at 10:33 p.m.
The next regular meeting of the City Council is scheduied to be held on Monday, DecEmber 14, 2Q15
beginning at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills,
Cali�'ornia.
Respectfizlly submitted,
Heidi Luce
City Clerk
Approved,
Jeff ' per
Ma�yor
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