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MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS,CALg'ORIVIA
MONDAY,MARCH �3, 2017
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Dieringer
at 7:02 p.m. in the City Council Chamber at City Hal�, 2 Portuguese Bend Road, Ro112ng Hills, California.
ROLL CALL
Councilmembers Present: Black,Mirsch,Pieper, Wilsan azid Mayor Dieringer.
Councilmembers Absent: None.
Others Present: Yolanta Schwartz,Planning Director.
Mike Jenkins, City Attorney.
Terry Shea, Finance Directoar.
Heidi Luce, City Clerk.
Malcolm Sharp, 74 Eastfield Drive (PVPUSD School Board Member)
Mitzi Cress,Principal, Peninsi.Fla High School.
Ann Y.ampe,Rancho Palos Verdes Resident, PVIS PTSA President.
Linda Reid,PVPUSD Board Member.
Steve and Lori Wheeler, 3$Portuguese Bend Road.
Marcia Schoettle, 24 Eastfield Drive.
Tina Greenberg, 32 Portuguese Bend Road.
Tai Chtuig, 11Roadrunner Raad.
OPEN AGENDA-PUBLIC COMIVVI�NT WELCUME
None.
CONSENT CALENDAR
Matters which may be acted upon by the City Cauncil in a single motion. Any Councilmember may
request removal of any item from the Consent Calendar causing it to be considered under Counci�Actions.
A. Minutes -Regular Meeting af February 27, 2017.
RECOMMENDATIDN: Approve as presented.
B. Payment af Bil�s.
RECONIlI�NDAT'ION: Approve as presented.
Councilmember Pieper moved tha.t the City Council apprave the items on the consent calendar as
presented. Mayor Pro Tem Black seconded the motion,which carried without objection.
CONIlVIISSION ITEMS
None.
Recognizing that there were several members of the public present to address the matter, Mayar Pro Tem
Black suggested taking New Business item $B regarding enacting a Social Host Ordinance out of order.
Hearing no objection, Mayor Dieringer so ordered.
NEW BUSINESS
D�SCUSSION AND POSSIBLE DIRECTION REGARDIl�TG ENACTING A SOCIAi, HOST
ORDINANCE.
Mayor Dieringer introduced the item and asked for staffs corriments. City Attorney Jenkins stated that at
its last meeting after hearing public comment on the subject, the City Cvuncil directed staff to provide
additionai information and agendize a discussion regarding the possibility of the City adopting a Social
Host Ordinance. He stated that a Social Host Ordinance is designed to prevent underage drinking by
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creating civil liability for those responsible for underage drinking, lazgely applied in private residences
where minors are present and drinking alcohal even if the parents are not home or aware of the event.
City Attorney Jenkins informed the City Council that�n order for a Social Host Ordinance to be applied in
tl�e City of Rolling Hills, the City would also need to adapt a Civil Penalties Ordinance, which the City
currently does not have in its Municipal Code. He reviewed the p:rocess for enforcing the ordinance which
involves issuing a civil citation with an associated fine where in the first instance, it does nat go to the
court system if appealed, but rather it would go before a hearing officer; and if further appealed would
then go to the Superior Court. He further explained the difference between civi� penalties and criminal
prosecution stating that the proponents of Social Host Ordinances believe tlie burden of proof may be
difficult to meet in these types of situations and as such,they encourage these ordinances ta provide a ci�vii
penalty.
Tn response to Councilmember Pieper, City Attorney Jenkins stated that under the Social Host Ordinance
he wrote in Manhattan Beach, two citations were issued shortly after the ordinance was adopted. He
further re�iewed the cixcumstances and autcome of those two citatians. In fi�rther response to
Councilmember Pieper he stated that it is difficult to assess whether or not having such an ordinance
provides a deterrent effect. Discussion ensued concerning the process for issuing citations, fines and the
appeal process. In response to Councilmember Wilson, City Attomey Jenkins stated that the optian to
enforcement under a Social Host�rdinance would be to prosecute as a criminal affense,but the burden af
proof is much higher.
Mayor Dieringer called for public comment.
Malcol�n Shaxp, 74 Eastfield Drive (PVPUSD Scl�ool Board Member} addressed the City Council in
support of the City adopting a Social Host Ordinance. He stated that the Board of Education supports
cities adopting a Social Host Ordinance.
Mitzi Cress,Principal, Peninsula High School addressed the City Council in support of the City adopting a
Social Hast�rdinance.
Ann Lampe, Rancho Palos Verdes Resident, PVIS PTSA President Council addressed the City Council in
support of the City adopting a 5ocial Host Ordinance.
Linda Reid, PVPUSD Board Member addressed the City Council in support of the City adopting a Social
Host Ordinance.
In response to Mayor Pro Tem Black regarding the cost associated with enforcement and appeal of a
citation, City Attomey Jenkins sYated that the cost varies based on the number of citations issued b�t a
hearing officer typically costs around $150/hour with cost for an individual case being somewhere
between$750-$1,500 unless it is appealed to the Superior Court.
Mayor Pro Tem Black moved that the City Council direct staff to prepare a Social Host Ordinance for
consideration at a future City Council meeting. Councilmember Wilson secanded the motion.
Mayor Dieringer requested that staff provide data or statistics on how often citations issued under a Civil
Host Ordinance end np going to Superior Court on appeal.
Councilmember Pieper expressed concern that the penalty is too low. City Attorney Jenkins stated that the
penalty can be discussed further when the ordinance is before the City Council.
Councilmember Mirsch cammented that she recognizes the problerns associated with underage drinking
and applauds the efforts being put forth to address the issues surrounding underage drinking, but she does
not see where having a Social Host Ordinance will achieve the objective or act as a deterrent to u�derage
drinldng.
Following further discussion, the motion to direct staff to prepare a Socia� Host �rdinance for
consideration at a future City Council meeting carried with Councilrnember Mirsch opposed.
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PUBLIC HEARINGS
A HEARING REGARDING A NUISANCE ABATEMENT AT 38 PORTUGUESE BEND
ROAD (LOT 118-RH), AND CONSZDERATION OF A RESOLUTION OF THE CITY
COUNCIL QF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE
PROPERTY TO BE A PUBLIC NUISANCE AND ORDERING TI� ABATEMENT
THEREOF.
Mayor Dieringer introduced the it�m and asked for staffls comments. Planning Director Schwartz stated
that before the City Council is a public hearing under the City's nuisance abatement pracedures pursuant
to Rolling Hills Municipal Code Chapter 8.24. She stated that CZty staff has been working with the
property owners on this issue since July 201b and after several correspondence, meetings and an office
conference, the nuxsance has not been abated. She stated that after hearing the testimony, it wil� be the
City Council's responsibility to determine whether or not a nuisance exists and if it is determined that a
nuisance does exist to adopt a resolution declaring such and setting forth the conditions for abatement of
the nuisance and the remedy if the nuisance is not abated. She stated that a draft resolution is included
with the staff report for the City Council's consideration.
Planning Director Schwartz reviewed the conditions creating the nuisance stating that in July 2016, City
staf�was informed that some dirt and rocks were dumped on the property bath on the pad and slopes
where the property slopes down into a natural drainage course. She stated that include witk� the staff
report are pho�ographs, correspondence and communications between City s�aff and the properry owner
a�egarding the matter in an effort to address this issue. She stated that the property owners have indicated
to staff they would like ta keep the dirt and come before tl�e Planning Commissian for a modification to a
previously approved project where the dirt would be used far that project, but to date that request for
modification has not been submitted. She stated that the pmperty owner has been given several
opportunities to abate the nuisazice but it has not yet been abated. She stated that the applicant has stated
that they are unaware of how the dirt got on their praperty but in the caurse of staffs investigation, staff
was told verbally that during an unrelated Southern California Edison project that was being dona in the
City,their contractor poty Bros. deposited the dirt on the property.
Planning Director Schwartz stated that two abatement notices were issued to the property owner but there
has been no abaternent af the nuisance. She stated that staf�asked the property ow7ner to remove the dirt
from the sIope and ensure t1�at all of the dirt is placed in a pile and covered up. She further stated that on
March 2, 2017 the property owner infarmed staff that a contractor had been hired to do the wark, but as a�
March 10, 2017,the work had not be�en completed.
In response to Mayor Dieringer regarding fihe source of the dirt, Pianning Directar Schwarz stated that
staff was advised that the dirt was depasited on the praperty from an earlier Southern Cali£ornia Edison
projecf. Councilmember Wilson expressed concern that not knowing the source of the dirt could be
problematic and expressed further concern that the dirt may be contaminated. Discussion ensued
conceming the Iocatian of the dirt as campared to the location of the previously approved development
project including the cabana and ofher amenities.
Lori Wheeler, 3$ Portuguese Bend Road addressed the City Council stating that they were out of town
when this situation was reparted to them and they were not aware that the dirt was dumped on their
properry but they offered to keep the dirt so that they didn't have to ha.ul it out of the City. She fiuther
stated that they aze working with Bolton Engineering to revise the previously approved project and may be
able to compact and use the dirt.
In response to Mayor Pro Tem Bla�k, Mrs. Wheeler stated that they were not aware of the na�e of the
contractor that deposited the dirt on their property so they were not able to contact them to remove the
dirt. In response to Mayor Dieringer regarding the Septernber 22, 2U16 letter from the City Attorney's
oi�ice specifically rnentioning the contractor's name, Mr. Wheeler stated that they did not want to get into
a iegal issue with the contractor so they decided to keep the dirt and put a chain across the access to that
area to prevent future instances like this from occurring. Mr. Wheeler fiurther stated tl�at they are working
with Bolton Engineering to prepare revised plans to present to the Planning Commission, but other
fmancial obligations and personal matters have prevented them from getting the plans finalized. Mr.
Wheeler requested an extension of time to aliow them to address the matter. Discussion ensued
concerning the ways to accomplish the abatement and the time needed to do so.
City Attorney Jenkins stated that the applicant has had amp�e opportunity to request tl�e appropriate
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entitlements but has not yet done so and if they are now asking for more tirne to submit for the
entitlements, it will be several more months before anything happens and in the meantime, the dirt is
sitting in the canyon. He stated #hat the City has requested several times that t13e dirt be moved but the
properry owner has taken no action. Discussion ensued concerning options for abating the nuisance and
the timeline far doing do. Mayor Dier�nger suggested including a deadline by which the property owner
must apply to the Plannit�g Commission for the requested entitlements.
Fol�owing discussion, the City Council concurred that a nuisance exists on the property and suggested the
fallowing modification to Section 4 of the Resotution to require that property owners remove all of the dirt
and rocks that was dumped and is being stored on fihe pool pad, along the slopes of and in the canyon of
the subject property within 30 days but no later than April 12, 2017. The pile(s} shall then be covered up.
Wi�hin 75 days of the da.te of adoption af the Resolution the property ov�mers shall submit to the Planning
Department the necessary documents, applications and fees to be placed on the Planning Commission's
agenda for a request to modify the previous approval, including a Variance request to keep the dirt for said
modification. In the e�ent that the property owners fail #o complete the measures specified above by the
abave-described deadlines, then wi�hin 90 days of the Resolution, the property owners shall remove all of
the clirt and rocks that was dumped and is being stored on the pool pad, a�ong the slapes of and in the
canyon of Subject Property and haul it out of the City. If the property owners file the applicataon far
nee�ed entitlements in a timely fashion, a decision by the Planning Commissian or City Co�ncil shall be
granted wi#hin 180 days of the Resolution. If the entitlements are not granted, then within 210 days of the
ResoXut�on the property owners shall remo�e all of the dirt and rocks that was dumped and is being stored
on the pool pad, along the slopes of, and in the canyon of the Subject Property and haul it out of the City.
Councilmember Pieper moved that the City Council adopt Resoludon No. 1205, as amended abave,
declaring the condition of the property at 38 Portuguese Bend Road to be a nuisance and ordering the
abaternent thereof. Councilmember Mirsch seconded the rnotion, which carried with Mayor Pro Tem
Black opposed.
�LD BUSINES5
None.
NEW BUSINESS (continue�
C�NSIDER.ATION �F THE FISCAL YEAR 2016-2017 MID-YEAR BUDGET REVIEW AND
APPROVAL OF FISCAL YEAR 2016-2017 BUDGET ADNSTMENTS.
Mayor Dieringer introduced the item and asked for staf�s comments. Finance Dixector Shea presented
the mid-year budget review stating that review shows the City has a positive budget variance of$22,583.
The revenues are down $32,666, expenditures aze dawn $55,249 and net transfers in (out) are equal. The
proposed increase in revenues of$25,000 and the decrease in proposed expenditures of$12,000 will lea�e
a budgeted deficit of $253,710 for fiscal year 2016��7. He further reviewed the proposed budget
adjustments.
Following brief discussion, Councilmember Pieper moved that the City Council receive and file the FY
16-17 mid year budget review and approve the budget adjustments as presented. Councilmember Mirsch
secanded the motion,which cartied withaut objection.
REPORT, DISCUSSION AND DIItECTION REGARDING THE PLANNING COMMISSION'S
CONSIDERATION OF MODIFICATIONS TO TI� CITY'S VIEW PRESERVATION
QRDINANCE.
Mayor Dieringer introduced the item and asked for staff s comments. Planning Director Schwartz
reparted on the background and status of the Planning Commission's c�nsideration of amendments to the
City's View Preservation Ordinance. �he noted that a correspondence was received and placed on the dais
fram Mr. Karpf urging the City Council to direct the Planning Commission to continue its consideration of
amending the Ordinance. She stated that the Planning Commission has made good progress in attempting
tl�e mo�e forward with the recommendations from the ad hoc cammittee and staff is seeking direction an
how the City Council wishes the Plannzng Commission to proceed. Discussion ensued concerning the
options for moving forward given the fact that an initiati�e measure amending the City's View
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Preservation ordinance was submitted and placed on the ballot for the City's March 2019 election.
Marcia Schoettle, 24 Eastfield Dri�� addressed the City Councii to urge the City Council to clirect the
Planning Commission to cantinue its consideration of amending the City's View Preservatian Ordinar�ce
as originally directed.
Discussion ensued concerning whether or not the propanents of an initiative can withdraw the measure
once it has been placed on the ballot. City Attomey �enkins opined that language in the Elections Code
conc�rning this rnatter i� internaliy inconsistent and poorly written; and does not accurately reflect the
legislative intent. Further discussion ensued concerning how to best move forward with amending the
Ordinance and repealing Measure B.
Tina Greenberg, 32 Portuguese Bend Road expressed concern that if Measure B is repealed, the rules will
revert back to before Measure B. She urged the City Council to adopt a fair ordinance to take into account
the rights af both tree owners and view seekers.
Tai Chung, 11Roadrunner Road addressed the City Council to ask the status of a view impairment
compIaizrt he submitted previausly. The City Cautxcil suggested that Mr. Chung follow up with staff
regarding the status.
Following discussion, Councilmember Pieper moved that the City Council direct the Planning
Commission to continue its consideration of amending the City's View Preservation Ordinance as
originalZy directed. Councilmember Mirsch seconded the �notion, which carried with Mayor Pro Tem
Black opposed.
DISCUSSION AND CONSIDERATION OF CREATING CITY E-MAIL ADDRESSES FOR
CITY COUNCILI`�IEMBERS AND COMMISSIONERS.
Mayor Dieringer introduced the item and asked far staffls comments. City Clerk Luce stated that the
California Supreme Caurt recently issued an opinion holding that communications (texts, emails, etc.)
pertaining ta public business on privatelpersonal devices and private servers axe public records subject to
inspection and disclosure. She stated that in order for the City to more accurately and appropriately
respond to public record.� request, the City Council may wish to discuss and consider directing staff to
create a City e-mail address for each Councilmember and Commissioner.
Following discussion, Councilmernber Pieper moved that the City Council direct staff ta proceed with
creating individual City e-mail addresses for City Councilmembers and Commisszoners. Councilmember
Wilson seconded the motion,which carried without objection.
MATTERS FROM THE CITY C�UNCIL AND MEETING ATTENDANCE REPORTS
DISCUSSIQN A1vD POSSIBLE DIRECTION CONCERNIlVG PROPOSED CALIFORNIA
STATE LEGISL�iTION FROM SENATOR SCOTT WIENER: SB 35 — TI� HOUSING
ACCOUNTABILITY AND AFFORDABILITY ACT.
Mayor Dieringer stated that this information on pending legislation that could take away local contro� is
pravided for the City Council's information
TENNIS COURT IMPROVEMENT PROJECT UPDATE FROM CITY COUNCIL LIAISON TO
ROLLING HILLS TENNIS CLUB. (ORAL REPORT)
Councilmember Pieper reported on the status of the tennis court improvement project and inquired about
the City's policy on naming public facifities. �t was nated that the City does not currer�tly ha�e a naming
facility and brief discussion ensued concerning naming policies.No action was taken.
1VIATTERS FROM STAFF
None.
CLOSED SESSION
None.
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ADJOURNMENT
Hearing no further business before the Ciry Council, Mayor Dieringer adjourned the mee#ing at 9:57 p.m.
in memory of long time residents Paul Mitchell and William Zappas. The next regular meeting of the City
Council is schedulec� ta be held on Monday, March 27, 20 t 7 beginning at 7:00 p.m. in the City Council
Chamber at City Hall, 2 Portuguese Bend Road,Rolling Hills, Califomia.
Respectfully submitted,
Heidi Luce
City Clerk
Approved, '
Bea Dieringer
Mayor
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