08-14-17 $ MINUTES OF
' A REGULAR MEETING
OF THE
CITY COUNCIL OF TI�
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY,AUGUST 14, 2017
CALL TO ORDER
� " A regular meeting of the City CounciI of the City of Rolling Hills was called ta order by Mayor Black at
7:01 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road,Rolling Hil1s, California.
ROLL CALL
Councilmembers Present: Dieringer,Mirsch,Pieper, Wilson and Mayor Black.
Councilmembers Absent: None.
Others Present: Raymond R. Cruz, City Manager.
Michael Jenkins, City Attorney.
Yolanta Schwartz,Planning Director.
Julia Stewart,Assistant Planner.
Yvette Hall, Interim City Cierk.
Kevin Johnsan, LA County Fire Dept.
J. Lopez,LA County Fire Dept.
Sue Breiholz, 6 Upper Biackwater Canyon Road
Wayne Sharp, 74 Eas�eld Drive
Judy Mishkin, 1 Flying Mane Road
Bob Gold, 9 Flying Mane Road
Kyle Clinton, 26 Eastfield Drive
OPEN AGENDA-PUBLIC COMMENT WELCOME
NONE.
CON5ENT CALENDAR
Matters whach may be acted upon by the City Council in a single rraotion. Any Councilmember may
request removal af any rtem frorra the Consent Cadendar causing it to be considered under Council
Actions.
A. Minutes -Regular Meeting of Juiy 24, 2017.
RECONIlV�NDATIQN: Approve as presented.
B. Payment of Bills.
RECOMNIENDATION: Approve as presented.
C. Consideration of a Professional Services Agreemer�t with Bolton Engineering for the
preparation of grading, drainage and related plans for the proposed improvements at the
tennis courts complex.
REC�MMENDATION: Approve as presented.
D. Review and approval of the Commission RecruitmentlAppointment Tirneline £or terms
expiring in January 2018.
�. RECONIlI+�NDATTON: Approve as presented.
E. Consideration of a da�e of December 11, 2017, 4-7 pm for the 32"d Annual Holiday Open
House
RECOMIV�NDATION: Approve as presented.
F. Caunty of Las Angeles Depart�nent of Anirnal Care and Control FY 2017-18 Service Le�el
Request.
RECOMIVVIENDAT'ION: Approve as presented.
Councilmember Mirsch requested that Item 4-F be removed from the consent calendar for individual
d
consideratian. Hearing no objection,Mayor Black so ordered.
-1-
Mayor Black requested that Item 4-C be removed from the consent calendar for individual cansideratian.
Hearing no objection, Mayor Black so ordered.
Councilmember Mirsch moved that the City Counci� approve the remaining itexns on the consent calendar
as presented. Councilmember Dieringer seconded the motion,which carried without objection.
4-F. County of Los Angeies Deparkment af Animal Care and Control FY 2017-18 Service Level
Request.
In response to Councilmember Mi�sch's questions, City Mana.ger Cruz stated that the City does not
recei�e reimbursement from pet owziers for sheltering services and pet owners pay for animals that are
impounded. H�also �ndicated there is na additianal cost for license clinics he�d in the City.
Councilmember Mirsch suggested that the City Cauncil consider participating in the Spay/Neuter Trust
Fund Program that would a11ow the City to contribute $5 per dog license fee collected to the Spay/Neuter
Trust Fund.
Following brief discussion, City Manager Cruz indicated that additianal information cauld be provided on
the cost, number of dog licenses issued, income requirements and financial impact to the City for
participating in the SpaylNeuter Trust Fund. He stated that an amendment to the agreement with the Los
Angeles County Animal Care and Control would be brought back to the next City Counci� Meeting for
City Council consideration.
Following further discussion, Councilrnember Mirsch mo�ed that the City Council approve Consent
Calendar Item No. 4-F as presented. Councilmember Pieper seconded the motion, which carried without
obj ection.
4-C. Consideration of a Professional Services Agreement with Bolton Engineering for the
preparation of grading, drainage and related plans for the proposed improvements at the
tennis courts complex.
In response to Mayor Black's questions, Planning Director Schwartz clarified that the agreement was to
prepare plans for the grading and drainage for ADA compliance and to perform pad work. She stated the
agreexnent was nat for septic tank re�ated work.
Following brief discussion, Mayor Black moved that the City Council appmve Consent Calendar Item No.
4-C as presented. Councilmember Pieper seconded the motion, which carried without objection.
Mayor Black requested that �tem 9-B be taken out of order and discussed at this junc�.ure. Hearing no
objection,Mayor Black so ardered.
MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDIlVG THE PROACTNE
ENFORCEMENT OF THE FIRE FUEL ABATEMENT ORDINANCE.
Mayor Black introduced the item and asked for sta�s comments. City Manager Cruz presented the staff
report stating that in November 201 S the Fire Fuel Abatement Ordinance was adopt�d by the City
Council. He stated that the ordinance is only enforced by city staff when there is a complaint. City
Manager Cruz stated that in rune 2017 represEntati�es from the Caballeros Equestrian Club expressed
concern that fire fuels in the canyon and nearby trails posed a threat to public safety and if ignited could
start a wildfire. He indicated that after hearing thzs request, City Council asked staff to place an agenda
item on a future meeting #o determine whether the City Council would like to maintain the status quo or
direct s�aff to �ring back options �o proactively enforce the Fire Fuel Abatement Ordinance. City
Manager Cruz indicated that LA County Fire Department o�fzcials were present to ftxrther discuss this
topic. He noted that conespondence was received from Sue Breiholz, resident, and that copies were
provided to the City Council and public.
Kevin 7ohnson, Assistant Fire Chief, Los Angeles County Fire Department Forestty Di�ision, Brush
Clearance Section, discussed tl�e issues with extending the Fire Department's enforcernent beyond 200
feet. He explained the Fire Department's enforcernent of the 200 feEt defensible perimeter was based
upon the distance from the structure and tha� going beyond 200 feet is an issue. He stated the Fire
Minutes
City Caunci�Meeting
08-14-17 -2-
Depa�tmer�t is only authorized ta go up to 200 feet. Assistant Fire Chief indicated that CEQA compliance
would be difficult to address if an increase of defez�sible space was implemented.
Discussion ensued among the City Council and LA County Fire Department officials on the County's
vegetation inspection pxogram, time�ine, enforcement and compliance, ingress and egress on City streets,
the County's roadside clearance requirement of 10 feet from the shoulder, CEQA compliar�ce, damage to
the environment and habitat distu�rbance and the Community Wildfire Protection Plan{CWPP).
J. Lopez, Assistant Fire Chief, Los AngeTes County Fire Department Foresriy Division, explained the
components of the CWPP, which include collaboration efforts among agencies, reduction of fire ignition
and vegetation hazards. He discussed recent fire studies that have been completed on perimeters beyond
1 QO feet and that it is difficult to justify if brush c�earance beyond 200 feet is sufficient to protect property.
He stated that gaing beyond 200 feet increases the area exponentially and that CEQA compliance is
justified only up to 200 feet.
Discussion followed among the Czty Council and LA County Fire Depaxtment officials regaxding
strategies to minirnize a wildfire when it occurs and the depth of chippings.
In response to Mayor Pro Tem Wilson's request for a copy af the fire studies that were completed by the
Riverside Fire Lab,Assistant Fire Chief Lapez stated he would provide further information on the topic,
Mayor Black called far public comment.
Sue Breiholz, 6 Upper Blackwater Canyon Road, expressed concern over the areas that are not overseen
by the County and the overaZl public safety of the City. She suggested that all dead vegetation be cleared
by June 1st af each year and that the perimeter shauld extend beyond 200 feet. She commented that it
should not be the responsibility of the residents to inspect properties.
Further discussion ensued on providing additional services outside of the Co�anty contract; extending the
roadside clearance beyond 10 feet and addressing issues and obstructions within the 10 faot roadway;
discing; compliance, inspecrions and en�orcement as it relates to staf'fing levels; property maintenance;
,. CEQA factars; CWPP; and the creation of a subcommittee to review enforcement of the Fire Fuel
Abatement Ordinance.
Councilmernber Pieper moved that the City Council establish a Dead Vegetation Enforcement
Subcomrnittee comprised of Councilmember Mirsch and Mayor Black. Mayor Pro Tem Wilson seconded
the motion, which carried without abjection.
COMMISSION ITEMS
RESOLUTTON NO. 2017-10--A RESQLUTION OF THE PLANNdNG COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPRQVAL OF VARIANCES TO RETAIN A
CHICKEN COOP IN THE REAR YARD SETBACK, RETAIN A SHED IN THE SIDE
SETBACK, RETAIN AN AS-BUII.T FIRE PTT, TO EXCEED TI�PREVIOUSLY APPROVED
L�T DISTURBANCE, CONSTRUCT A NEW SWIMMING POOL AND SPA AND TO
CONSTRUCT VARIOUS OUTDOOR AMENTTIES, IN ZONING CASE NO. 921, AT 26
EASTFIELD DRNE (LOT Bfi-A-EF)ROLLING HILLS, CA, (CLINTON).
Mayor Black introduced the item and asked for staff's comments. Assistant Planner Stewart pxesented the
staff report stating that before the City Council is a resolution approving the project in Zoning Case No.
921 at 26 Eastfield Drive. She provided a br;ief overview of the applicant's request for variances to retain
a chick�n coap in the reax yard setback, a shed, an as-built fire pit, a new pool and spa and to construct
various outdoor amenities. She stated that the proposed chicken coop was an existing sttucture that has
: never been legalized. Assistant Planner Stewart indicated that a project history and sunnmary sheet was
provid�d to the City Council and the public at the request of Councilmember Dieringer.
In response to Councilmember Dieringe�r's inquiry, Assistant Planner Stewart clarified the square footage
of the residential and garage additions and setback requirements for the project.
Discussion ensued concerning the chicken coop and required variance.
Mayor Biack called for public comrnent.
Minutes
City Council Meeting
08-14-17 -3-
Kyle Clinton, 26 Eastfield Drive, stated that he spoke with his neighbors regarding the project. He
indicated his neighbors had no issues with the�ro�ect except for a request to change his roof from a pitch
roof to a flat roof. Mr. Clinton requested that he be allowed to keep the chicken coop in its curtent
location as long as his neighbors approve it.
Councilrnember Mirsch stated that she made a site visit and would not support taking the praject under
jurisdictian.
Councilmember Pieper moved that the City Council recei�e and fiie Planning Cammission Resolution No.
2017-1Q granting approval of the applicant's request in Zoning Case No. 921 at 26 Eastfie�d Drive.
Coun.cilrnember Mirsch seconded the motion, which passed 3-2 with Councilmember Dieringer and
Mayor Black opposed.
City Manager Cruz requested that Item 7-A be taken out of order and discussed at#his juncture. Hearing
no objection,Mayor Black so ordered.
OLD BUSINESS
DISCUSSION AND POSSIBLE DIRECTION TO REDUCE PEAFOWL PQPULAT'ION IN THE
CITY OF ROLLING HILLS.
Mayor Black introduced the item and as�ed for staffs comments. City Manager Cruz presented the staff
report stating that at the last City Council meeting of July 24, 2017 staff reviewed �he three peafawl
managemen# progirams that were used by the three other peninsula cities. H� stated that at this meeting
the City Council received public comments and considered options to address the peafowl population.
Ci�y Manager Cruz stated that the City Council gave sta.ff direction on the following items: 1) Does the
city or state have a prohibition on feeding peafow�; 2) Investigate surrounding municipalities that may
have a peafowl feeding prohibition; 3) Follow up on the two programs that trap peafowl. City Manager
Cruz summarized that the City's municipal code currently does not prohibit the feeding of peafowl and
there is no state law that prohibits the feeding of peafowl. He indicated that both Cities of Rolling Hiils
Estates and Rancho Pa1os Verdes have adopted Tit1e 10 of the LA County Animal Code which does
prohibit feeding of animals. City Manager Cruz stated�hat the cur�ent program used by RHE would not
be practical as their city s#aff handles the complaints direc�ly and RPV uses Wildlife Services, a private
vendar. He indicated that he also received a quote from Animal Pest Management Services, Inc. for
services.
In response to Mayor Blac�C's inquiry, City Manager Cruz responded that a peafowl census is not
necessary.
Mayor B1ack called for public comment.
Wayne Sharp, 74 Eastfield Drive, inquired how many peafowl would be relocated.
In response to Ms. Sharp's comment, Mayor Black stated that City Council is considering relocating all of
#he peafowl.
Judy Mishkin, 1 Flying Mane Road, commented that she has had numerous issues with the peafowl and
that they continue to be a nuisance.
Bab Gold, 9 Flying Mane Road, stated that the pea#'awl are an invasive species and a nuisance due to the
noise they make early in the morning.
Fol�owing public comment and discussion, Councilmember Dieringer moved that the City Council
approve an agreement with Wildlife Services for $200 per bird, up to 50 birds, with the aption for an
addendum for additianal bixds; exclude a census; and ciirect staff to bring back a resolution to adopt Los
Angeles County Code Tit1e 10.84.O10 concerning prohibiting the feeding of peafowl and other bixds and
animals. Councilmember Mirsch seconded the motion,which carried without objection.
Minutes
City Council Meeting
as-ia-i� -4-
COMMISSION ITEMS
RESOLUTION NO. 2017-1�. –A RESOLUTION OF THE PLANNING COA�IlVIISSION OF THE
CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR GRADIlVG TO
REPAIR A FAiLED SLOPE, A VARIANCE TO EXCEED THE PERMITTED
DISTURBANCE QF THE LOT AND A STABLE USE PERMIT TO ALLOW RECREATION
USE IlV A STRUCTURE CONSTRUCTED AS A STABLE IN ZONING CASE NO. 908, AT
2950 PALOS VERDES DRIVE NORTH, {LOT 1-D-1RH} (ROT`TER).
Mayor Black introduced the item and asked for staff's comments. Planning Director Schwartz presented
—� the staff report stating that before the City Council is a resolution approving the project in Zoning Case
NQ. 90$ at 2950 Palos Verdes Drive North. She provided a brief overview of the applicant's request far a
Site Plan Review, Variance, and Sta.ble Use Permit to allaw improvements to their property. Planning
Director Schwartz indicated that na comments were received from the surrounding neighbo:rs.
Councilmember Pieper rnoved thaf the City Council receive and file Planning Commission Resolution No.
2017-11 granting approvat of tl�e appXicant's request in Zaning Case No. 908 at 2950 Palos Verdes Drive
North. Mayor Pro Tem Wilson secanded the motion,which carried without objection.
PUBLIC HEARINGS
NONE.
ULD BUSINESS
DISCUSSION AND POSSIBLE DIRECTION TO REDUCE PE,AFOWL POPULATION IN THE
CITY OF ROLLING HILLS.
Taken out of order–see above.
NEW BUS�NESS
RESOLUTION NO. 1215 – A RESOLUTTON OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS AMENDING RESOLUTION NO. 1245 REGARDING DECLARATION OF
A NUISANCE CONDITION AND ABATEMENT THEREOF AT 38 PORTUGUESE BEND
ROAD (LOT 11 S-RH) TQ MOD�FY THE TIMELINE FOR IMPLEMENTATI4N OF THE
ORDER. OWNERS: STEVE AND LORI WHEELER.
Mayor Black introduced the item and asked for staff's comments. Planning Director Schwartz presented
the staff report stating that before the City Couricil is a request to amend the resolution that the City
Cauncil adopted declaring a nuisance at 38 Portuguese Bend Road. She explained that the applicant is
requesting an extension of time to irnplement the abatement order to either remove the dirt or request from
the Planning Commission a modification to the previously approved praject.
Discussion ensued among the City Council concerning the applicant's campliance withiz� the timeframe
approved by the resolutian.
Counci�member Pieper moved that the City Council adopt Resolution No. 1215 as presented.
Cauncilmember Mirsch seconded the mation, which passed 3-2 with Councilmember Dieringer and
Mayor Black opposed.
MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
-�� DISCUSSIQN AND POSSIBLE DIRECTION REGARDING EXTENDING THE
MORATORIUM ON THE PROCESSING AND CONSIDERATION OF .APPLICATIONS
SOUGHT UNDER THE PROVISIONS OF CHAPTER 17.26 (VIEW PRESERVA'TIOl�.
Mayor Black introduced the item and asked for staf�s comments. Planning Director Schwartz presented a
suminary of the staff report. She staxed that adaptian of Measure B in March 2013 has led to difficulties
in the applicat:ion of the City's view preservation ardinance. She sta.ted that in Navember 2016 the City
Cauncil adopted an ordinance estab�ishing a maratorium on acceptance and processing of view
applications. P�ant�ing Director Schwartz stated that the City Council requested this matter be agendized
Minutes
City CovnciI Meeting
08-14-17 -�-
for consideration to extend the moratorium or allow it to expire on November 28, 2017.
Discussion ensued on Measure B and the amount of time to extend the moratarium.
Councilmember Pieper moved that the City Council direct staff to prepare an ardinance to extend the
moratorium and sc�edule a public hearing by October 31, 2017. Mayor Pro Tem Wi�san seconded the
motion, which passed 4-1 with Mayor Black opposec�.
DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING THE PROACTIVE
ENFORCEMENT OF THE FIRE FUEL ABATEMENT ORDINANCE.
Taken out of order—see above.
DISCUSS�ON AND POSSIBLE DIRECTION TO REPLACE WHITE THREE-RAIL FENCE IN
FRONT OF CITY HALL ALONG PORTUGUESE BEND ROAD. (ORAL}
Mayor Black introduced the item. Cauncilmember Pieper requ�sted that staff obtain a quate on replacing
the whole fence the City is responsible for.
Mayor Black commented tha�he felt only a few boards needed replacement.
Following a brief discussion,the City Council, by consensus, directed staff to obtain a quote on the cast to
replace the white three-rail fen.ce in front of City Hall.
UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT
COMMITTEE MEETING HELD ON AUGUST 10, 2017. (ORAL)
Councilmember Dieringer stated she attended the Regional Law Enforcement Meeting held on August 10,
2017 and provided an update on the following items: 1) Palos Verdes Estates has not ins�alled their
automatic license p�ate readers yet; 2) The truck brake failure accident in Ralling Hills Estates was not
reparted to the CHP due ta no in�uries. However, Cap�ain Beringer stated he would forward a copy of the
report now. A presenta.tion by the CHP will be made to the committee to explain #he pratacol for
investigating truck accideni�s; 3} Statistics will be provided on the Fire Department's response for medical
sexvice; and 4) The committee is working an a report to coordinate a Peninsula-wide effort for emergency
aperation services.
DISCUSSION AND POSSIBLE DIRECTION FOR THE CITY OF ROLLING HILLS TO
SUPPfJRT A MOTION TO HAVE THE LO� ANGELES COUNTY BOARD OF
SUPERVISORS ESTABLISH A BLUE RIBBON COMMISSION ON PUBLIC SAFETY TO
CONDUCT .AN IN-DEPTH ANALYSIS OF SPECIFIC STRATEGIES, CHALLENGES AND
OPPORTLFNITIES PRESENTED BY AB 109, PROP 47 AND PROP 57. (ORAL}
Mayor Black introduced the item. Councilmember Dieringer stated that she will be representing the
California League of Cities and, as an individual, to argue in fa�or of this motion �o work on strategies to
provide greater public safety. She asked the City Council to formally support the Los Angeles County
Baard of Supervisors' establishment of a Blue Ribbon Commission on Public Safety.
Mayor Biack moved that the City Council support a motion to have the Los Angeles County Board of
Supervisors establish a Blue Ribbon Commission on Public Safety to Conduct an In-Depth Analysis of
S}�ecific Strategies, Challenges and Opportunities presented by AB 109, Prap 47 and Prop 57.
Cauncilmember Mirsch seconded the motion, wh�ch passed 4-1 with Councilmember Pieper opposed.
Councilmember Pieper inquired about the date of the next greenwaste pickup that was announced in the
latest newsietter.
MATTERS FROM STAFF
DISCUSSION AND POSSIBLE DiREC'TION CONCERNING THE CITY OF ROLLING HILLS
PARTICIPATING IN A COIVIMLJNITY CHOICE AGGREGATION (CCA) PROGRAM TO
PROVIDE RESIDENTS FUTURE ENERGY OPTIONS.
Mayor Black introduced the item and asked for staff's comments. Assistan# Planner Stewart presented a
Minutes
City Council Meeting
08�14-17 -6-
summary of the staff repart. She sta,ted that in 2006 tY�e California Legisiature adopted AB 32 which
required cities to reduce greenhouse gas emissians to 1490 levels. She explained the three types of
Community Choice Ag�regation (CCA) programs that allow municipalities to choose their power mix as
follows: 1} Individual City; 2) Regional Joint Pawers Authority (JPA); and 3) Caunty JPA (Los Angeles
County Community Choice Joint Power Authority}. Assistant Planner Stewart higk�.lighted the County
JPA as an option for City Council consideration because it has the ability to �ower energy rates for
residents. She stated that a presentation to the City Cauncil could be made by a member o�the Connty
J'PA at the next meeting.
Discussion ensued on the costs to join a CCA program, the number of representatives that each city is
� allowed to appoint and how solar energy is billed.
By consensus, the City Council directed staff to request that the Los Angeles County Community Choice
J'oint Power Authority make a presentation to the City Council on energy options.
CLOSED SESSION
NONE.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Black adjourned the meeting at 4:45 p.m.
The next regular meeting of the City Council is schedtiled ta be held on Monday, August 28, 2Q17
beginning at 7:00 p.rr�. in the City Councif Chamber at City Hall, 2 Portuguese Bend Road, Rol�ing Hills,
California.
Respectfully submitted,
_ �
Yve Hall
.�— Interim City Clerk
'pprove ,
James lack, M.D.
Mayo
Minutes
City Council Meeting
08-14-17 -7-
..................:.........
..... ....�M .��. -... ,�..,_,..,.�u,._k---- -- - --,.,�,.,� u,._k,.,��u,._,µ....�.....,A,..��.-�..,. .,;N;;�.._.r.
_....... . .. ..._. ........ ......_...... ... _ _
r,�..: .. ..............�.......� .. ..... ..