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MINUTE5 OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CYTY OF ROLLING HILL,S, CALIFORNIA
MONDAY,MA�'$,2017
CALL TO ORDER
__ A regular meeting of the City Couricil of the City of RoIling Hills was called to order by Mayor Black at
7:00 p.m. in the City Council Chamber at City Hall,2 Portuguese Bend Raad,Rolling Hills, California.
R�LL CALL
Councilmembers Present: Dieringer,Mirsch, Pieper, Wilson and Mayor Black.
Councilmembers Absent: None.
Others Present: Raymond R. Cruz, City Manager.
Mike Jenkins, City Attorney.
Yolanta Schwartz, Planning Director.
Julia Stewart,Assistant Planner.
Heidi Luce, City C1erk.
Steve &Diana Nuccion, 1$Portuguese Bend Road.
Mary Hazelrigg, 33 Chuckwagon Road.
James Aichele, 14 Crest Road West.
Janet Westergaard, 21 Caballeros Raad.
Beth Myerhoff,President,Palos Verdes Peninsula Council of PTAs.
Linda Reid,Board Member, Palos Verdes Peninsula U.S.D.
OPEN AGENDA-PUBLIC COMMENT WELCOME
Steve Nuccion, 18 Portuguese Bend Road addressed the City Council concerning enforcement and other
matters relating to the resolution setting fvrth the required restorative action in a view impairiment
complaint between the properties at 15 Portuguese Bend Road and 1 S Portuguese Bend Road. Following
brief discussion concerning the issues raised by Dr. Nuccion, the City Cotu3.ci1 directed staff ta record the
resolution and agendize a r�port on the status of the restorative action at the next meeting of the City
CounciZ.
Mary Hazelr�gg, 33 Chuckwagon Raad addressed the City Council to express concern regarding the
prevalence of coyotes in the community and the dangers they pose to pets, other aiumals and humans. She
urged the City Council�o do something to control the papulation.
Jim Aichele, 14 Cres�Road West addressed the City Council to also express concern regarding coyotes in
the community.
CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any Councilmember znay
request removal of any item from the Consent Calendar causing it to be considered under Council Actions.
A. Minutes -Regular Meeting of Apri124, 2Qi7.
RECOMMENDATION: Approve as presented.
B. Payment of Bills - (1}Apri12�4,2017 (Revised); and(2)May 8, 2017
RECONIIVIENDATION: Approve as presented.
Councilmember Pieper moved that the City Council approve the items on the consent calendar as
presented. Co�ncilrnember Mirsch seconded the motion,which carried without objecnon.
Recognizing that th�re were rnembers of the public present to address Item 8A regarding consideration of
a Social Host Ordinance; and hearing no objection, Mayor Black stated that this item wiIl be taken o�xt of
order.
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NEW BUSINESS
ORDINANCE NO. 352 - AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A
NEW CHAPTER 9.58 {SOCIAL HOST LiABILTTY FOR PARTIES AT WHICH UNDERAGE
DRINKING OCCURS) TO ARTICLE VII (OFFENSES BY OR AGAINST NIINORS} OF TITLE
9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE CITY'S MUNICIPAL CODE TO
YMPOSE LIABILITY ON PERSONS WHO FACILITATE OR ALLOW THE CONSUMPTION
OF ALCOHOLIC BEVERAGES BY MIlVORS AT ANY PARTY, GATHERING �R EVENT
AT A PRNATE RESIDENCE; AND AMENDING SECTION 1.08.010 AND ADDING
SECTIONS 1 A8A3Q THROUGH 1.08.090 TO CHAPTER 1.08 (GENERAL PENALT� TO
TITLE 1 {GENER.AL PROVISI4NS) OF THE ROLLING HILLS MUNICIPAL CODE TO
CREATE AN ADNIINISTRATIVE CITATION PROCES� FOR CODE VI�LATIONS.
Mayor Black introduced#he item and asked for sta#�s comments. City Manager Cruz presented the staff
report stating that at the direction of the City Council in response to an urging from the Palos Verdes
Council of PTA's in an effort to reduce underage drinking at parties heid at private homes, staff has
prepared a DRAFT Social Host Ordinance for the City Council's consideration. He reviewed the
proposed ord�nance, stating that it is designed to protect the safety and welfare of xesidents by placing a
civil fine on persons responsible for gatherings where alcohol is made accessible to underage persons
through an administrati�e citation process. He further re�iewed the administration citation process and
sta.ted that the Ordinance has been reviewed by Lomita Sheriffls Station Captain Dan Beringer and he
indicated that his personnel can enfarce the proposed ordinance as proposed.
In response ta Mayor Pro Tem Wilson's concern related to definition of"responsible person" including a
landlord, City Attorney Jenkins stated these are �act specific cases made on a case by case basis and a
landlord would oniy be issued a citation if there was evidence that he landlord knew or should have knaw
abaut the behavior.
Tn response to Councilmember Dieringer regazding the amount that will be set for fines reference in the
staff report, City Attorney 7enkins stated that fines are set by resolution and that resalution will be brought
back with second reading of the ordinance. Also in response to Cauncilmember Dieringer regarding the
increase fines for successive �iolations, City Attorney Jenkins stated tl�at State Law requu�es that t�ie
increased fines for successive violatians must be within the same year.
In response to Councilmember Mirsch regarding post fact enforcement af the ordinance, City Attorney
Jenkins stated that the ordinance can be enforced post fact if there is evidence to support the issuance of a
citation.
Mayor Black called for public comment.
Janet Westergaard, 21 Caballeras Road addressed the City Council expressing concem that the proposed
ordinance is rneddlesome and does not provide an option for responsible clrinking.
Beth Myerhoff, President, Palos Verdes Peninsula Council of PTAs addressed the City Council in support
of the ordinance and urged the City Council to adopt the ordinance.
Linda Reid, Board Member, Palos Verdes Peninsula U.S.D. addressed the City Council in support af the
ordinance and urged the City Council to adopt the ordinance.
Following brief discussion, Councilrnember Dieringer mo�ed that tl�e City Council introd�xce Ordinance
No. 352 for first reading, waive full reading of the ordinarice and schedule second reading at the May 22,
2017 City Cour�cil meeting. Mayor Pro Tem Wilson seconded the �notion, which carried without
objectian.
COMMISSION ITEMS
RESOLUTI�N NO. 2017-03 -A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY �F ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW,
CONDTTI�NAL USE PERMIT AND VARIANCES FOR A RESIDENCE ADDITION,
BASEMENT, VARIOUS WALLS AND GRADING; WIDEN ONE OF THE TWO
RESIDENTIAL DRIVEWAYS AND TO ENCROACH INTO THE FRONT SETBACK WITH
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POR'TIONS OF THE ADDITiONS, BASEMENT AND GARAGE IN ZONING CASE NO. 9�5
AT 1 MIDDLERIDGE LANE NOR'I'H, (PARTS OF LOTS 15, 16, Z 7-MR), (CIPOLLA).
AND
CONSIDERATION OF A RECQMMENDATTON FROM THE TR.AFFIC COMMISSION TO
APPROVE THE WIDENING OF AN EXISTING DRIVEWAY APRON AT 1 MIDDLERIDGE
LANE NORTH.
Mayor Black introduced the item and asked for staf�s comments. Planning Director Schwartz reviewed
� the applicant's request for an additian to the existing residence and other improvements on the property
including widening an existing driveway apron in Zoning Case No. 9 i 5 at 1 Middleridge Lane North. She
stated that he Planning Commission approved the project on a 4-0 vote with Commissioner Cardenas
recused due to pro�mity. She sta.ted that variances are requested for encroachment into the front setback
and a conditional use permit is requested to retain an existing double driveway. She stated that the Traffic
Commission reviewed the request for widening the driveway apron and recommended approval. She
stated that the development standards are within the code requirements. She commented that the original
request also included a large stable and in response to concems raised by the neighbors, the applicant
withdrew the request �or a stable and asked for it to be considered separately. She further re�iewed the
current code enforce�ment case that s�aff is enforcing related to a path that was created to access the rear
part of the lat and sta�ed that this matter wiZl be furkher addressed and legalized as part of consideration of
the proposed stable when i#comes back befare the Planning Commission in the near future.
Mayor Black called for comments from the public. Hearing none, he asked for comments or a motion
from the City Counci�. Mayor Black expressed concern regarding the limited amount of usable space
behi�d the home and the fact that th�re may not be raom for a poal.
Foilowing brief discussion, Councilmember Pieper moved that the City Council receive and file Planning
Commission Resolution No. 20 i 7-a3 granting approval of the applicant's request in Zaning Case No. 915
at 1 Midd�eridge Lane North and per the Traffic Commission's recommendation, approve the widening of
the existing dri�eway apron a 1 Middieridge Lane North. Councilmernber Mirsch seconded the motion,
which carried without objection.
RESOLUTION NO. 2017-04—A RESOLUTTON OF THE PLANNING CQMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REV�W,
CONDITIONAL USE PERMIT AND VARIANCES FOR GRADING AND CON�TRUCTION
OF A NEW RESIDENCE ADDITION WITH A BASEMENT, DETACHED GARAGE,
COVERED PORCHES, SWIMMING POOL WITH A SPA, PATIO TRELLIS, TENNIS
COURT, NEW SECOND DRIVEWAY, STABLE AND CORRAL; TO EXCEED THE
PERM�iT'TED GRADING AND GRADED AREA FOR THE TENIVIS COURT
AND TQ EXCEED THE MAXTMUM PERMITTED LOT DISTURBANCE IN ZONING CASE
N0. 917 AT 5 PINE TREE LANE,(LOT 94-RI�, (SHARNG).
AND
CONSIDERATION OF A RECOMMENDAT'ION FROM THE TRAFk'IC COMMISSIQN TO
APPROVE A NEW DRIVEWAY APRON FOR A SECOND DRIVEWAY AND A NEW
PATHWAY APRON FOR ACCESS TQ THE STABLE AT 5 PINE TREE LANE.
Mayor Black introduced the item and asked for staffls comments. Assistant Planner Stewart reviewed the
applicant's request ta construct an addition to existing residence and other impravements including a
basement, detached garage,pool, spa, stable, corral and tennis court along with a new second driveway on
the property in Zoning Case No. 917 at 5 Pine Tree Lane. She stated that stafF prepared a summary
comparison table of this project compared to previous approvals at the request of Councilmember
Dieringer and that table has been placed on the dais. She further reviewed the request sta.ting that the
_ existing residence wiIl remain with only the wall providing access to the new wing being demolished. She
stated that the applicant proposes to retain the existing driveway, which provides access to the existing
garage; and to add a second driveway for access to the new deta.ched garage as well as adding an access
pathway to the stable. She stated that both of the new aprons have been reviewed by the Traffic
Commission and recommended for approval with a conditian that tlie pa�hway apron be revised �a the
Traffic Engineer's satisfaction, which has been achieved.
Ms. Stewart further reviewed the project stating that variances are requested to exceed the maximurn
allowed disturbance with disturbance proposed at 47.22% arid to exceed the maximum allowed grading as
well as graded surface far the tennis court. She sta.ted that at the suggestion of the Planning Commission,
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the applicant in�estigated the option to import dirk in order to reduce the amoun� af grading required, but
determined doing so was not feasible due to an exponential increase in truck traffic. She further reviewed
the comparison of the new proposed project with the previous approval.
In response to Councilmember Dieringer concerning the proposed second driveway with Ms. Stewart
explained that the new second driveway was approved through a Conditional Use Permit and will provide
access to the front of the property and the new detached garage where the existing driveway serves the
existing garage as well as the neighboring property at 3 Pine Tree Lane.
Mayor Black called for public comment. Hearing none, he expressed concern regarding the grading
associated with the praject as well as the appearance of the project resulting in two separate houses with a
walkway in-between. Councilmember Mirsch commented that she visited the site during the Planning
Commission's site visit to this praperty.
Following brief discussion, Mayor Black moved that the City Council take the applicant's request in
Zoning Case Na. 917 at 5 Pine Tree Lane, including the new driveway apron for a second driveway and a
new pathway apron for access to the stable under jurisdictiot�. Councilmember Dieringer seconded the
motion, which carried without objection.
RESOLUTION NO. 2017-OS —A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GR.ANTING APPROVAL FOR A COND�TIONAL USE PERNIIT,
SITE PLAN REVIEW AND VARIANCES FOR GRADING AND CONSTRUCTION OF A
DRESSAGE ARENA, STASLE, RESIDENCE AND GARAGE ADDITION, VARTOUS
RETAINING WALLS, SWIMMING POOL AND RELATED PATIOS, DECKS; TO LOCATE A
POR'TION OF THE EQUESTRIAN FACIL,ITIES IN THE FRONT YARD AREA OF THE LOT,
TO RETAIN, B17T REDUCE IN S�ZE AN EXISTING DETACHED GARAGE, TO LOCATE A
NOT T� EXCEED 5' H�GH RETAINiNG WALL IN TI� SIDE SETBACK AND TO EXCEED
THE PERMITTED LOT DISTURBANCE IN ZONING CASE NO. 896-
MODIFICATION(M)AT 11 SADDLEBACK ROAD, (WARREN).
Mayor Black introduced the item and asked for staf�s comments. Assistant Planner Stewart reviewed the
applicant's request for a major modification to a previously approved project in Zoning Case No. 896-
Modification at 11 Saddleback Road. She stated that the modifications include moving the stable close�r to
the dressage arena, modifying the residence to allow for the minimum distance required between sta.ble
and residential uses and a new infinity pool. She stated that the proposed changes result in a larger
residence, smaller pool and slightly larger stable; which further resuits in less disturbance and grading, as
well as fewer retaining walls. Ms. 5tewark further reviewed the applicant's request including the variances
requested and the comparison between the current project and the previausly approved project.
Mayor Black called for public cornrnent. Hearing none, he asked for comments ar a motion from the City
Council.
Councilmember Pieper moved that the City Council receive and file Planning Cornrnission Resolution No.
2017-OS granting approval of the applicant's request ta rnodify the original request in Zoning Case No.
896-M at 11 Saddleback Road. Councilmember Mirsch seconded the motian, which carried without
objection.
RESOLUTION NO. 2017-06—A RE50LUTION OF THE PLANN�NG COMMISSION OF THE
CITY OF ROLLING HILLS GRANTIlVG APPROVAL OF A SITE PLAN REVIEW AND
VARIANCE FOR A 1,000 SQUARE FOOT POOL/SPA, POOL EQUIPMENT ENCLOSURE,
AND TO LOCATE THE STRUCTURES IN THE FRONT YARD OF THE LOT TN ZONIlVG
CASE NO. 919 AT 7 NIIDDLERIDGE LANE SOUTH, {LOT 249-A-UR),
(MCCARTHY/CHENG).
Mayar Black introduced the item and asked for staff's comments. Assistant Planner Stewart reviewed the
applicant's request to construct a new pool and pool equipmcnt in the front yard area in Zoning Case No.
919 at 7 Middleridge Lane South. She stated that the Planning Commission asked that the paol equipment
be fully enclosed with the doors opening to the interior of the properry to reduce any noise impact on the
neighbors.
Mayor Black called for public comment. Hearing none, he asked for comments or a motion from the City
Council.
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Following brief discussion, Cot,uzciImember Pieper moved that the City Council receive and file Planning
Com�nission Resolution No. 2017-06 granting approval of the applicant's request in Zoning Case No. 919
at 7 Middleridge Lane South. Councilmember Dieringer seconded the motion, which carried without
objection.
PUBLIC HEARINGS
None.
OLD B�TSINESS
FINAL STATU� REPORT REGARDING COMPLIANCE WITH THE CITY COUNCIL,
, RESOLUTTON NO. 1203 CONCERNING AZUL, THE DOG OWNED BY DR. JEFFREY
OSTRIKER AT 27 CABALLEROS ROAD W�TH REGARD TQ THE CONFINEMENT
RESTRICTIONS IMPOSED ON AZUL.
Mayor Black introduced the item and asked for staff's comments. City Manager Cruz presented the sta.ff
report stating that the conditions imposed by the resolutian have been meet and the City has received no
further complaints regarding the dog. Following brief discussion, the report was received and filed. No
further action was taken.
DISCUSSI4N AND CONSIDERATION 4F DEVELOPING AN ORDIN.ANCE TO REGULATE
DRONES IN THE CITY OF ROLLING HILLS.
Mayor Biack introduced the item and asked for staff's comments. City Manager Cruz sta.ted that �t a
previous meeting the City Council directed staff to agenize a discussion for cansideration of developing an
ordinance to regulate drones in the�City of Rolling Hills. He stated that the staff report contains a copy of a
draft ordinance which is a modified version of the Hermosa Beach ordiriance changed to be more speci�c
to Rolling Hi�ls and if the City Council wishes to pursue this matter further, staff could be dir�cted to
bring an ordinance back for f rst reading. Discussion ensned concerning the provisions in the draft
ardinance at�d the difficulty involved in enforcing such an ordinance. It was noted that there have been
relatively few complaints regarding drones in the City.
Mayor Black called for public comment.
Jim Aichele, 14 Crest Road West addressed the City Council in support of adopting provisions regulating
drones and suggesting the drones be allowed only on the drone operator's properiy.
Fol�owir�g fiu-ther discussion, the report was received and filed. No further action was takez�at this time.
NEW BUSINESS (continued)
CONSIDERATION OF A MEMORANDiTM OF UNDERSTANING (MQU) BETWEEN THE
C�'TY OF ROLLING HILLS AND THE CALIFORNTA JOINT POWERS INSUR.ANCE
AUTHORITY (C7PIA) FOR THE PURPOSE OF AUTHQRIZING WORK RELATED TO
CJPIA'S AMERICANS WITH DISABILITIES ACT (ADA) ASSISTANCE PROGRAM
INVOLVING WORK PERFORMED BY DISABIL,ITY ACCESS CONSULTANTS (DAC)
INCLUDING CONDUCTING AN ADA SELF-EVALUATTON AND DEVELOPING AN ADA
TRANSITTON PLAN.
Mayor Black introduced the item and asked for staffls comments. City Manager Cruz presented the staff
report requesting the City Council's approval to enter into a Memorandum of Understanding with the
California Join� Powers Insurance Authority (CJPIA) for the purpose of authorizing work related to the
CJPIA's ADA campliance assistance program invo�ving work performed by Disability Access
Consultants including at�ADA Self-Evaluation and de�eloping an ADA Transition plan as reqi.�ired by the
American's with DisabzXities Act. He stated that based on the MOU, this work would be done at no cast to
the City, but at an estimated�a.�ue of$I4,800.
Mayor B�ack expressed concern that the pla�n would require the City to track its cornpliance until aZl
identified barriers are remaved and the City may not be able or willing to remove the baxriers. In response
to Mayor Pro Tem Wilson regarding the potendal exposure this may create, City Attorney Jenlcins
commented that the ADA requirement is for t1�e City to create accessibi2ity when it engages in projects
and doing the survey would not create a new obligation to make changes absent a project. Discussion
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ensued concerning the:requirements and the benefits of rnoving forward with ADA compliance.
Following further discussion, Councilmember Dieringer maved that the City Council approve and direct
the City Manager to execute a Memorandum af Understanding between the City of Rolling Hills and the
California Joint Powers �nsurance Authority for the purpose of authorizing wark related to the C7PIA's
Americans with Disabilities Act assistance program invalving work performed by Disability Access
Consultants (DAC) including conducting and ADA Self-Evalua.tion and developing an ADA transition
plan. Councilrnember Pieper seconded the motion, which carried vvith Mayor Pra Tem Wilson and Mayor
Black opposed.
MA,TTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
DISCUSSTON AND P�SSIBLE DIRECTION CONCERNING THE CIVIC CENTER CAMPUS
LANDSCAPE MAINTENANCE. (ORAL REPORT)
Councilmember Pieper reported that he and the RHCA Board President are investigating the possibility of
having the RHCA be responsible for the City Hall campus area and tennis court landscape design and
installation of new plant material with the City being responsible for weekly maintenance as a response to
the poor condition the tennis court landscape maintenance was in when fihe Tennis Club held its rnost
recent social event. Following brief discussion, staff was directed to work with the current landscape
maintenance provider to ensure that the provisions in the iandscape maintenance agreement are being met.
MATTERS FROM STAFF
None.
CLOSED SESSION
None.
AD30URNMENT
Hearing no further business befor� the City Council, Mayor Black adjourned the meeting at 9:14 p.m. in
memory af long time resident Frances Price. The next regular meeting of the City Council is scheduled to
be held on Monday, May 22, 2017 beginning at 7:00 p.m. in the City Coi.ancil Chamber at City HaII, 2
Portuguese Bend Road,Rolling HiXls, Califomia.
Respectfully submitted,
Heidi L�ce
City Clerk
Approved,
James B aj�ck,M.D.
Mayor
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