05-22-17 MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS,CALIFORIVIA
MONDAY,MAY 22, 2017
CALL TO ORDER
___ A regular meetzng of the City Council of the City of Rolling Hills was called to order by Mayor Black at
7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road,Rolling Hills, California.
ROLL CALL
Councilmembers Present: Dieringer,Mirsch, Wilson and Mayo:r Black.
Councilmembers Absent: Pieper(excused).
Others Present: Raymond R. Cruz, City Manager.
Mike Jenkins, City Attorney.
Yolanta Schwartz, Planning Director.
Heidi Luce, City Clerk.
Captain Dan Beringer,Los Angeles County SherifPs Dept.
Rod Uyeda, Retired Law Enforcement Officer.
Diana Nuccian, 18 Porluguese Bend Road.
Haward Weinberg, ALtorney.
OPEN AGENDA-PUBLIC COMMENT WELCOME
None.
Mayor Black stated that item $A LTnder Old Business pertaining to Ordinance No. 352 wil�be taken out of
order.
OLD BUSINESS
�RDINANCE NO. 352 —AN ORDIlVANCE OF THE CITY OF RQLLING HILLS ADDING A
NEW CHAPTER 9.58 (SOCIAL HOST LIABILITY FOR PARTIES AT WHTCH UNDERAGE
DRINKING OCCURS) TO ARTICLE VII (OFFENSES BY OR AGAINST MINORS} OF TITLE
9 (PUBLIC PEACE, MQRALS AND WELFARE) OF THE CITY'S MUNICIPAL CQDE TO
IMPOSE LIABII,ITY ON PERSONS WHO FACILITATE OR ALLOW THE CONSUMP'TION
OF ALCOHOLIC BEVERAGES BY MIN�RS AT ANY PARTY, GATHERING OR EVENT
AT A PR�'VATE RESIDENCE; AND Al1�NDING SECTION 1.08.010 AND ADDING
SECTIONS 1.08.030 THROUGH 1.08A90 TO CHAPTER 1.08 (GENERAL PENALTY} TO
TITLE 1 (GENERAL PROVISFONS) OF THE ROLLING HILLS �MUNICIPAL CODE TO
CREATE AN ADMIlVISTRATIVE CITATION PR�CESS FOR CODE VTOLAT'IQNS.
RECONIlI�NDATION: Secand reading of Ordinance, waxve full reading �nd adopt
Ordinance.
Mayor Black introduced the item and asked for staff comments. City Manager Cruz presented the staff
report stating tha� first reading of this Ordinance.was held at last meeting of the City Council and the
Ordinance is presented�or secand reading and adoption.
.-�. Following brief discussion concerning the penalties associated with violations of the Ordinance and
comrnents from Captain Dan Beringer ia� support of the proposed ordinance and confirming that the
SherifPs Dept. can enfarce the ordinance, Mayor Black cailed for public camment.
Rod Ueda, Rancho Palos Verdes resident and retired law enforcernent a�ficer adciressed the City Council
in support of the ordinance.
Following brief discussion and clarification on rnatters in the administrative citation proc�ss portion af the
Ordinance, Councilmembe�r Dieringer moved that the City Council wai�e fu11 reading and adopt
Qrdinance No. 352 as presen#ed. Mayor Pro Tem Wilson seconded the motion.
Councilmember Mirsch commented that she is opposed to underage drinking and she supports educadonal
-1-
efforts to create awareness of the problem, but she does not believe enacting an arguab�y difficult
ordinance to enforce is the answer, given that providing for underage drinking is already illegal. She
com�nented that i�t is the parent's responsibility and she does not believe the City can legislate behavior.
Fo�lowing brief discussion,the rnotion carried with Councilmember Mirsch opposed.
CONSENT CALENDAR
Matters which may be acted upon by the City Cauncil in a single rnotion. Any Councilmember may
req�.est removal of any item from the Consent Calendar causing it to be considered under Council Actians.
A. Minutes -Regular Meeting of May 8, 2017.
RECONIlVIENDATIQN: Approve as presented.
B. Payment o�Bills.
RECONIlI�NDATION: Approve as presented.
C. Financiai Sta.tement for the Month of Apri12U17.
RECOMMENDATION: Approve as presented.
D. Republic Services Recycling Tonnage Report far February,March and Apri12017.
RECONIlI�NDATION: Receive and fiie.
Councilmember Dieringer moved that the City Council apprave the iterns on the consent calendar as
amended to carrect a typagraphical error in the minutes. Cauncilmember Mirsch seconded the mofion,
which carried without objection.
C011�I1VIISSION ITEMS
None.
PUBLIC HEARINGS
None.
NEW BUSINESS
RESOLUTION NO. 1206 - A RESOLUTION OF THE CITY COUNCIL OF 'IT� CITY OF
ROLLLING HILLS ESTABLISHING AND MODIFYING ROLLING HILLS FEES BY
REDUCING CERTAIN PLANNING AND DEVELOPMENT RELATED FEES, ELIMINATING
ONE GENERAL ADMiNISTR.ATTON PROCESSING FEE AND ADDING FINES FOR
ADMII�TISTR.ATIVE CITATIQNS; AND RESCINDING RESOLUTION NO. 1149.
Mayar Black intraduced the item and asked�or sta#�s comments.
Mayor Pro Tem Wilson commented that he didn't realize when this matter was discussed pre�viously that
tl�e fees pertaining to preparation of Environmental Impact Reports was proposed to be reduced and he is
not in favor of reducing such fees given #hat there is a significant amount of staff time involved in those
matters. Councilmember Dieringer cancurred. Councilrnember Mirsch and Mayor Black explained their
reasoning for suggesting the fee be reduced.
Mayor Pro Tem Wilson suggested that the fee for Environmental Impact Reports {rtem P) be changed
back ta Cansu�tant Fee p�us 20%. Cauncilmember Mirsch suggested amending it to plus 10% instead of
20%. Further discussion ensued conceming the fee for Environmental Review Prepara�ion of a Negative
Declaration or MND for View Ympairment Cases with Councilmember Dieringer suggesting that the fee
be put back to $1,000 instead of reduced to $50. Mayor Pro Tem Wilson comxnented that he would not be
in favor of eliminating tha� fee reduction. Further discussion ensued concerning the fee for a preparation
of a Negative Declaration or Midgated Negative Declaratian (MND) with Councilmernber Dieringer
suggesting that the fee also not be reduce�.
Following discussion, Councilmember Mirsch moved that the City Council adopt Resolution No. 1.206
establishing and modifying Rolling Hills fees by reducing certa�in planning and development related fees,
eliminating one general adrninistration fee and adding fines far administrative citations and rescinding
Resolution Na. 1149 as amended with Item P Environmental impact R�ports being changed to Consultant
Fee plus 10% . Mayor Pro Tem Wilson seconded the motion,which carried without objection.
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City Council Meeting
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MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
DISCUSSION AND POSSIBLE DIRECTION T4 FORMALLY OPP4SE AB 1250 (JONES-
SAWYER} CONCERNIIVG COUNTIES AND CITIES: CONTRACTS FOR PERSONAL
SERVICES (4RAL}
Councilmember Dieringer reported thaf there is pending legislation before the Sta.te legislature that would
prohibit cites like Rolling Hills' from contracting for services and could have a significant financial
�i impact and burdensome requirements on cities like ours.
Following brief discussion, Cour�cilmember Mirsch moved that the City Council formally oppose AB
1250. Councilmember Dieringer second�d the motion which carried without objection. The City Council
directed staff to prepare a letter of �ortnal oppositior� to AB 1250 and to contact Assembly Member
Muraxsuchi's office to express the City's opposition.
UPDATE ON THE PALOS VERDES PENINSULA REGI4NAL LAW ENFORCEMENT
COMMITTEE MEETING HELD ON MAY 11, 2017. (�RAL REPORI�
Councilmember Dieringer provided a report on #he discussion from the Palos Verdes Regional Law
Enforcement Committee meeting held on May 11, 2017 stating that a new motor deputy, Governor Davis,
has been assigned to the Lomita Station for traffi'ic enforcement. She noted that according to Captain
Beringer, there has been an uptick in burglaries �in Sou�hern California and a recent arrest was made in
Monrovia of suspects frorn a bu�rglary that occurred on the Palos Verdes Peninsuia. She distributed a
brochure regarding camera systems that was prepared by the Sheriff s Dept. and mentioned a device
called Ring Pro tP�at allows residents to answer their door remately�ia intercom.
OTHER MATTERS FROM THE CITY COUNCIL
Mayor Black reparted that he brought up the coyote issue at the recent Peninsula Mayor's lunch and
suggested coordinating a regiona2 approach to coyote control but the ather cites are cornfortable wzth their
--- cu.rrent efforts and didn't appear interested in a more regional approach.
Councilmember Dieringer reported on her attendance at the Contract Cities Annual Municipal Seminar
and dzstributed some handouts frvm the meeting for the City Council's information.
MATTERS FRQM STAFF
REP�RT ON MATTERS DESCRIBED BY THE PROPERTY OWNER QF 1$ PORTUGUESE
BEND ROAD AT THE CITY COUNCIL MEETING OF MAY 8, 20 i 7 RELATED TO
RES�LUTiON NO. 1196 PERTAINING TO A DECISION IN A VIEW IMFA�RMENT
COMPLAINT FILED BY THE PROPERTY OWNERS OF 18 PORTUGUESE BEND ROAD
REGARDING TREES LOCATED AT 15 PORTUGUESE BEND R4AD.
Mayar Black introduced the item and asked for stafPs cornrnents. Planning Director Schwartz presented
the staff report stating that this matter was agendized at the request of the City Council in response to an
inquiry from Dr. Stephen Nuccion (18 Poriuguese Send Road) at the iast City Council meeting pertaining
to enforcement of Resolution No. 1196 relating ta a view impairment camplaint fi�ed by the property
owners of 18 Portuguese Bend Road regarding trees tocated at 15 Portuguese Bend Road. She reviewed
the issues raised by Dr. Nuccion which included: recordation �f the resolutian, his inquiries concerning
en£orcement of the resolution being referred to the City �ttorney through his attorney and his request for
reimbursement for those expenses; and that the restorative action was not done completely, specifically
� regarding two items in the Resolution.
Planning Director Schwartz explained that the resoiution was not recorded because the restorative ac�ion
had not yet taken place and the photos to be attached to the R�solution had not been taken; but since the
iast meeting, the photos were taken, subsequent to the restorative action, and the resolution has since been
recorded. She furth�r explained the circumstances surrounding why it was suggested that Dr. Nuccion
have his attorney contact the City Attorney directly far questians regarding the code enforcement efforts
pertaining to compliance with the Resolution. Lastly, regarding the restorative action not being done
completely, Ms. Schwartz commented that the Pepper tree in question was no�included in the list of t.rees
requiring restorative action in the Resalution and thus, is not subject to any restorati�e action. Regarding,
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other two trees in question (Tree #5 and Tree #7}, she st�.ted that the contractor that completed the work
indicated that all the work was done according to the contract and pro�ided an e-mail statement to that
effect. Discussion ensued concerning the exact finished height of the Eucalyptus tree {Tree #7} that was
supposed to have been be trimmed to 46 f�. in height.
Diana Nuccion, 18 Portuguese Bend Road addressed the Ciry Council to further explain their concerns
regarding enforcement of the Resolution. She commented that the Pepper tree was intended to be
included iz�the restorative action because it was originally included in a group of ather trees (labeled Tree
#4) that were subject to restoradve action. She reiterated ttaaY they do not believe the Olive tree (Tree #7)
along the front was cut to the "old cuts," nor vvas the Eucalyptus tree (Tree #5) cut to 46 ft. per the
Resolution.
Howard Weinberg, Attorney addressec� the City Council to further explain why he and his client believe
the Hassoldts are in violation af the Resolution. He distributed a correspondence outlining specific areas
o� concern and explained those concerns, specifically that Tree #4, Tree #5 and Tree #7 are nat in
compliance with the requirements set forth in tlie Resolution. He asked that the City CounciI take acrion to
address the issues raised in the letter. In response to M�s. Nuccion's inquiry, it was clarified per the
Resolution that subsequent maint�nance shall be performed by March of every odd year.
Following brief discussian, the report was received and filed. The City Council directed staff to schedule
an inspecrion to ensure that the work on Tree #5 and Tree #7 was done according to the specifications set
forth in Resolution No. 1196.
CLOSED SESSION
None.
ADJOLTRNMENT
Hearing no further business before the Ciiy Council, Mayar Black adjourned the meeting at 8:32 p.m. to
an adjourned regular meeting of the City Council scheduled to be held on Tuesday, May 30, 2017
beginning at 7:00 a.m. for the purpose of conducting a site visit to 5 Pine Tree Lane. The next regular
meeting of the City Council is scheduled to be held on Monday, June 12, 2017 beginning at 7:Q0 p.m, in
the City Council Chamber at City Hall, 2 Portuguese Bend Road,Rolling Hills, California.
Respectfully submitted,
Heidi Luce
City Clerk
Approved,
Patric i on
Mayor Pro Tem
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