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City Council Agenda 04-27-2017MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF 1HE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, MARCH 27, 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 7:01 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Mirsch, Pieper, Wilson and Mayor Dieringer. Councilmembers Absent: None. Others Present: Raymond R. Cruz, City Manager.. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Captain Dan Beringer, LASD, Lomita Station. OPEN AGENDA - PUBLIC COMMENT WELCOME None. CONSENT 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 be considered under Council Actions. A. Minutes - Regular Meeting of March 13, 2017. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of February 2017. RECOMIVIENDATION: Approve as presented. Mayor Pro Tem Black moved that the City Council approve the items on the consent calendar as presented. Councilmember Mirsch seconded the motion, which carried without objection. OATH OF OFFICE ADMINISTRATION OF OATH OF OFFICE & PRESENTATION OF CERTIFICATES OF ELECTION TO COUNCILMEMBERS DIERINGER AND PIEPER. City Clerk Luce presented the Certificate of Election and administered the Oath of Office to Councilmembers Dieringer and Pieper. CITY COUNCIL REORGANIZATION NOMINATION OF 2017-2018 MAYOR Councilmember Wilson nominated Mayor Pro Tem Black to serve as Mayor for the 2017-2018 term. Councilmember Mirsch seconded the nomination, which was confirmed by acclamation by Mayor Dieringer. COMMENTS FROM 2017-2018 MAYOR Mayor Black thanked his colleagues for selecting him as Mayor and stressed the importance of maintaining strong fiscal policies. -1- • NOMINATION OF 2017-2018 MAYOR PRO TEM Councilmember Mirsch nominated Councilmember Wilson to serve as Mayor Pro Tem for the 2017-2018 term. Councilmember Dieringer seconded the nomination, which was confirmed by acclamation by Mayor Black. PRESENTATION PRESENTATION TO MAYOR DIERINGER IN RECOGNITION OF HER SERVICE DURING HER 2016-2017 TERM AS MAYOR. Mayor Black thanked outgoing Mayor Dieringer for her service during her term as Mayor and presented her with a plaque in appreciation of her service. He praised Ms. Dieringer for always being well prepared and for her diligence and thoughtful consideration of the matters before the City Council. COMMENTS FROM OUTGOING MAYOR. Mayor Dieringer expressed sincere appreciation to the City Council, staff and those present for their support and participation during her term as Mayor. ADJOURNMENT TO RECEPTION The City Council adjourned to a brief reception at 7:13 p.m. The meeting was called back to order at 7:23 p.m. COMMISSION ITEMS None. PUBLC HEARINGS ORDINANCE NO. 351-U - AN URGENCY ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE CITY OF ROLLING HILLS MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 32 OF LOS ANGELES COUNTY CODE (FIRE CODE), RATIFYING THE MORE RESTRICTIVE FIRE STANDARDS CONTAINED IN THAT CODE, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF, AND DECLARING THE URGENCY THEREOF. ORDINANCE NO. 351: A NON -URGENCY ORDINANCE ADOPTING THE SAME PROVISIONS IN THE URGENCY ORDINANCE, ABOVE. Mayor Black introduced the item and asked for staff's comments. Planning Director Schwartz stated that before the City Council is a public hearing to adopt by reference the Los Ageless County Fire Code which contains more strict provisions than the State Code which is adopted every three years. She presented the staff report and stated that the City Attorney's office recommends adopting both an urgency ordinance and regular ordinance so that in the event the urgency provisions are challenged; the regular ordinance will be on track to be effective so there is no lapse in coverage under the Fire Code. Mayor Black opened the public hearing and called for public comment. Hearing none, he closed the public hearing and called for a motion. Councilcmember Dieringer moved staff's recommendation to waive full reading and adopt Ordinance No. 351-U adopting by reference the Los Angeles County Fire Code and declaring the urgency thereof and to introduce and waive full reading of Ordinance No. 351 also adopting by reference the Los Angeles County Fire Code as a non -urgency ordinance. Councilmember Pieper seconded the motion, which carried without objection. OLD BUSINESS None. Minutes City Council Meeting 03-27-17 -2- NEW BUSINESS None. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS None. MATTERS FROM STAFF None. CLOSED SESSION None. ADJOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 7:28 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, April 10, 2017 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, f Heidi Luce City Clerk Approv James Black, M.D. Mayor Minutes City Council Meeting 03-27-17 -3- CITY OF ROLLING HILLS PROOF OF SERVICE BY MAIL AND POSTING STATE OF CALIFORNIA SS COUNTY OF LOS ANGELES I am a citizen of the United States. I am over the age of eighteen years and not a party to the within proceeding; my business address is 2 Portuguese Bend Road, Rolling Hills, California. On the 24th day of March, 2017, I serve the within City Council Meeting - 03/27/2017 Regular Meeting a copy of which is annexed hereto and made a part hereof, and the person, or persons, named below were emailed or mailed the agenda: E -MAILED MAILED Interested RH Web site listSery Parties Interested parties DropBox City Attorney CouncilMembers Dieringer, Pieper, Black, Mirsch and Wilson DELIVERED City Manager City Council Also posted at City Hall, at www.Rolling-Hills.org and PDF's in DropBox. I declare under penalty of perjury, that the foregoing is true and correct. Executed on the 24`'' day of March, 2017 at Rolling Hills, California. Ewa Nikodem Administrative Assistant AGENDA Rai&t9 get4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS REGULAR MEETING MONDAY, MARCH 27, 2017 7:00 P.M. Next Resolution No. 1206 1. CALL TO ORDER 2. ROLL CALL Next Ordinance No. 351 3. OPEN AGENDA - PUBLIC COMMENT WELCOME This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4. CONSENT 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 be considered under Council Actions. A. Minutes - Regular Meeting of March 13, 2017. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of February 2017. RECOMMENDATION: Approve as presented. 5. OATH OF OFFICE A. ADMINISTRATION OF OATH OF OFFICE & PRESENTATION OF CERTIFICATES OF APPOINTMENT TO COUNCILMEMBERS DIERINGER AND PIEPER. 6. CITY COUNCIL REORGANIZATION A. NOMINATION OF 2017-2018 MAYOR B. COMMENTS FROM 2017-2018 MAYOR C. NOMINATION OF 2017-2018 MAYOR PRO TEM Page 1 of 3 7. PRESENTATION A. PRESENTATION TO MAYOR DIERINGER IN RECOGNITION OF HER SERVICE DURING HER 2016-2017 TERM AS MAYOR. B. COMMENTS FROM OUTGOING MAYOR. 8. , ADJOURNMENT TO RECEPTION 9. COMMISSION ITEMS NONE. 10. PUBLIC HEARINGS A. ORDINANCE NO. 351-U - AN URGENCY ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE CITY OF ROLLING HILLS MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 32 OF LOS ANGELES COUNTY CODE (FIRE CODE), RATIFYING THE MORE RESTRICTIVE FIRE STANDARDS CONTAINED IN THAT CODE, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF, AND DECLARING THE URGENCY THEREOF. AND ORDINANCE NO. 351: A NON -URGENCY ORDINANCE ADOPTING THE SAME PROVISIONS IN THE URGENCY ORDINANCE, ABOVE. RECOMMENDATION: Waive full reading and adopt Ordinance No 351-U; Introduce and waive full reading of Ordinance No. 351. 11. OLD BUSINESS NONE. 12. NEW BUSINESS NONE. 13. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS 14. MATTERS FROM STAFF NONE. 15. CLOSED SESSION NONE. City Council Agenda 03/27/17 Page 2 of 3 16. ADJOURNMENT Next meeting: Monday, April 10, 2017 at 7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the.item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. City Council Agenda 03/27/17 Page 3 of 3 DRAFT Agenda Item No. 4-A Meeting Date: 03/27/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, MARCH 13, 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 Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Mirsch, Pieper, Wilson and Mayor Dieringer. Councilmembers Absent: None. Others Present: Yolanta Schwartz, Planning Director. Mike Jenkins, City Attorney. Terry Shea, Finance Director. Heidi Luce, City Clerk. Malcolm Sharp, 74 Eastfield Drive (PVPUSD School Board Member) Mitzi Cress, Principal, Peninsula High School. Ann Lampe, Rancho Palos Verdes Resident, PVIS PTSA President. Linda Reid, PVPUSD Board Member. Steve and Lori Wheeler, 38 Portuguese Bend Road. Marcia Schoettle, 24 Eastfield Drive. Tina Greenberg, 32 Portuguese Bend Road. Tai Chung, 11 Roadrunner Road. OPEN AGENDA - PUBLIC COMMENT WELCOME None. CONSENT 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 be considered under Council Actions. A. Minutes - Regular Meeting of February 27, 2017. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. Councilmember Pieper moved that the City Council approve the items on the consent calendar as DRAFT presented. Mayor Pro Tem Black seconded the motion, which carried without objection. COMMISSION ITEMS None. Recognizing that there were several memberw of the public present to address the matter, Mayor Pro Tem Black suggested taking New Business item 8B regarding enacting a Social Host Ordinance out of order. Hearing no objection, Mayor Dieringer so ordered. NEW BUSINESS DISCUSSION AND POSSIBLE DIRECTION REGARDING ENACTING A SOCIAL HOST ORDINANCE. Mayor Dieringer introduced the item and asked for staff's comments. City Attorney Jenkins stated that at its last meeting after hearing public comment on the subject, the City Council directed staff to provide additional 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 creating civil liability for those responsible for underage drinking, largely applied in private residences where minors are present and drinking alcohol even if the parents are not home or aware of the event. City Attorney Jenkins informed the City Council that in order for a Social Host Ordinance to be applied in the City of Rolling Hills, the City would also need to adopt a Civil Penalties Ordinance, which the City currently does not have in its Municipal Code. He reviewed the process for enforcing the ordinance which involves issuing a civil citation with an associated fine where in the first instance, it does not 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 civil penalties and criminal prosecution stating that the proponents of Social Host Ordinances believe the burden of proof may be difficult to meet in these types of situations and as such, they encourage these ordinances to provide a civil penalty. In 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 reviewed the circumstances and outcome of those two citations. In further 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 Attorney Jenkins stated that the option to enforcement under a Social Host Ordinance would be to prosecute as a criminal offense, but the burden of proof is much higher. Mayor Dieringer called for public comment. Malcolm Sharp, 74 Eastfield Drive (PVPUSD School 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. Minutes City Council Meeting 03-13-17 DRAFT Mitzi Cress, Principal, Peninsula High School addressed the City Council in support of the City adopting a Social Host Ordinance. Ann Lampe, Rancho Palos Verdes Resident, PVIS PTSA President Council addressed the City Council in support of the City adopting a Social 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 Attorney Jenkins stated that the cost varies based on the number of citations issued but 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 seconded the motion. Mayor Dieringer requested that staff provide data or statistics on how often citations issued under a Civil Host Ordinance end up 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 commented that she recognizes the problems 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 underage drinking. Following further discussion, the motion to direct staff to prepare a Social Host Ordinance for consideration at a future City Council meeting carried with Councilmember Mirsch opposed. PUBLIC HEARINGS A HEARING REGARDING A NUISANCE ABATEMENT AT 38 PORTUGUESE BEND ROAD (LOT 118-RH), AND CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF. Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz stated that before the City Council is a public hearing under the City's nuisance abatement procedures pursuant to Rolling Hills Municipal Code Chapter 8.24. She stated that City staff has been working with the property owners on this issue since July 2016 and after several correspondence, meetings and an office conference, the nuisance has not been abated. She stated that after hearing the testimony, it will be the City Council's responsibility to determine whether or not a nuisance exists and if it is determined that a Minutes City Council Meeting 03-13-17 DRAFT 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 staff was informed that some dirt and rocks were dumped on the property both on the pad and slopes where the property slopes down into a natural drainage course. She stated that include with the staff report are photographs, correspondence and communications between City staff and the property owner regarding the matter in an effort to address this issue. She stated that the property owners have indicated to staff they would like to keep the dirt and come before the Planning Commission for a modification to a previously approved project where the dirt would be used for that project, but to date that request for modification has not been submitted. She stated that the property owner has been given several opportunities to abate the nuisance 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 property but in the course of staff's investigation, staff was told verbally that during an unrelated Southern California Edison project that was being done in the City, their contractor Doty 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 abatement of the nuisance. She stated that staff asked the property owner to remove the dirt from the slope and ensure that all of the dirt is placed in a pile and covered up. She further stated that on March 2, 2017 the property owner informed staff that a contractor had been hired to do the work, but as of March 10, 2017, the work had not been completed. In response to Mayor Dieringer regarding the source of the dirt, Planning Director Schwarz stated that staff was advised that the dirt was deposited on the property from an earlier Southern California Edison project. 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 concerning the location of the dirt as compared to the location of the previously approved development project including the cabana and other amenities. Lori Wheeler, 38 Portuguese Bend Road addressed the City Council stating that they were out of town when this situation was reported to them and they were not aware that the dirt was dumped on their property but they offered to keep the dirt so that they didn't have to haul it out of the City. She further stated that they are 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 Black, Mrs. Wheeler stated that they were not aware of the name 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 September 22, 2016 letter from the City Attorney's office specifically mentioning the contractor's name, Mr. Wheeler stated that they did not want to get into a legal 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 further stated that they are working with Bolton Engineering to prepare revised plans to present to the Planning Commission, but other financial obligations and personal matters have prevented them from getting the plans fmalized. Mr. Wheeler requested an extension of time to allow them to address the matter. Discussion ensued concerning the ways to accomplish the abatement and the time needed to do so. Minutes City Council Meeting 03-13-17 DRAFT City Attorney Jenkins stated that the applicant has had ample opportunity to request the appropriate entitlements but has not yet done so and if they are now asking for more time 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 that the City has requested several times that the dirt be moved but the property owner has taken no action. Discussion ensued concerning options for abating the nuisance and the timeline for doing do. Mayor Dieringer suggested including a deadline by which the property owner must apply to the Planning Commission for the requested entitlements. Following discussion, the City Council concurred that a nuisance exists on the property and suggested the following modification to Section 4 of the Resolution to require that property owners remove 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 within 30 days but no later than April 12, 2017. The pile(s) shall then be covered up. Within 75 days of the date of adoption of the Resolution the property owners 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 event that the property owners fail to complete the measures specified above by the above -described deadlines, then within 90 days of the Resolution, the property owners shall remove 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 Subject Property and haul it out of the City. If the property owners file the application for needed entitlements in a timely fashion, a decision by the Planning Commission or City Council shall be granted within 180 days of the Resolution. If the entitlements are not granted, then within 210 days of the Resolution the property owners shall remove 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 Resolution No. 1205, as amended above, declaring the condition of the property at 38 Portuguese Bend Road to be a nuisance and ordering the abatement thereof. Councilmember Mirsch seconded the motion, which carried with Mayor Pro Tem Black opposed. OLD BUSINESS None. NEW BUSINESS (continued) CONSIDERATION OF THE FISCAL YEAR 2016-2017 MID -YEAR BUDGET REVIEW AND APPROVAL OF FISCAL YEAR 2016-2017 BUDGET ADJUSTMENTS. Mayor Dieringer introduced the item and asked for staff's comments. Finance Director 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 are down $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 leave a budgeted deficit of $253,710 for fiscal year 2016-17. He further reviewed the proposed budget adjustments. Minutes City Council Meeting 03-13-17 DRAFT 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 seconded the motion, which carried without objection. REPORT, DISCUSSION AND DIRECTION REGARDING THE PLANNING COMMISSION'S CONSIDERATION OF MODIFICATIONS TO THE CITY'S VIEW PRESERVATION ORDINANCE. Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz reported on the background and status of the Planning Commission's consideration of amendments to the City's View Preservation Ordinance. She noted that a correspondence was received and placed on the dais from 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 the move forward with the recommendations from the ad hoc committee and staff is seeking direction on how the City Council wishes the Planning Commission to proceed. Discussion ensued concerning the options for moving forward given the fact that an initiative measure amending the City's View Preservation ordinance was submitted and placed on the ballot for the City's March 2019 election. Marcia Schoettle, 24 Eastfield Drive addressed the City Council to urge the City Council to direct the Planning Commission to continue its consideration of amending the City's View Preservation Ordinance as originally directed. Discussion ensued concerning whether or not the proponents of an initiative can withdraw the measure once it has been placed on the ballot. City Attorney Jenkins opined that language in the Elections Code concerning this matter is internally 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 of both tree owners and view seekers. Tai Chung, 11Roadrunner Road addressed the City Council to ask the status of a view impairment complaint he submitted previously. The City Council 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 originally directed. Councilmember Mirsch seconded the motion, which carried with Mayor Pro Tem Black opposed. DISCUSSION AND CONSIDERATION OF CREATING CITY E-MAIL ADDRESSES FOR CITY COUNCILMEMBERS AND COMMISSIONERS. Minutes City Council Meeting 03-13-17 DRAFT Mayor Dieringer introduced the item and asked for staff's comments. City Clerk Luce stated that the California Supreme Court recently issued an opinion holding that communications (texts, emails, etc.) pertaining to public business on private/personal devices and private servers are public records subject to inspection and disclosure. She stated that in order for the City to more accurately and appropriately respond to public records 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, Councilmember Pieper moved that the City Council direct staff to proceed with creating individual City e-mail addresses for City Councilmembers and Commissioners. Councilmember Wilson seconded the motion, which carried without objection. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS DISCUSSION AND POSSIBLE DIRECTION CONCERNING PROPOSED CALIFORNIA STATE LEGISLATION FROM SENATOR SCOTT WIENER: SB 35 — THE HOUSING ACCOUNTABILITY AND AFFORDABILITY ACT. Mayor Dieringer stated that this information on pending legislation that could take away local control is provided 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 facilities. It was noted that the City does not currently have a naming facility and brief discussion ensued concerning naming policies. No action was taken. MATTERS FROM STAFF None. CLOSED SESSION None. ADJOURNMENT Hearing no further business before the City Council, Mayor Dieringer adjourned the meeting 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 scheduled to be held on Monday, March 27, 2017 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Minutes City Council Meeting 03-13-17 DRAFT Heidi Luce City Clerk Approved, Bea Dieringer Mayor Minutes City Council Meeting 03-13-17 CHECK CHECK NO. DATE 24741 04/01/2017 24742 04/01/2017 24743 04/01/2017 24744 04/01/2017 24745 03/27/2017 24746 03/27/2017 24747 03/27/2017 24748 03/27/2017 24749 03/27/2017 24750 03/27/2017 24751 03/27/2017 24752 03/27/2017 24756 03/27/2017 24757 03/27/2017 24758 03/27/2017 24759 03/27/2017 " PR LINK 03/03/2017 * PR LINK 03/03/2017 C;t omo ll..g J/i// Agenda Item No: 4-B Mtg. Date: 03/27/17 INCORPORATED JANUARY 24, 1957 PAYEE CALPERS DELTA DENTAL STANDARD INSURANCE COMPANY VISION SERVICE PLAN - (CA) CHRISP COMPANY, INC. HASLER KONICA MINOLTA BUSINESS LA COUNTY SHERIFF'S DEPARTMENT OPUS BANK PACIFIC COAST LANDSCAPE PALOS VERDES PENINSULA USCM CIVICPLUS REMOTE SATELLITE SYSTEMS INTL THE GAS COMPANY VANTAGEPOINT PR LINK - PAYROLL PROCESSING PR LINK - PAYROLL 6 & PR TAXES 03/27/2017 - CHECK RUN DESCRIPTION NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 HEALTH INSURANCE APRIL 2017 DENTAL INSURANCE APRIL 2017 LIFE INSURANCE APRIL 2017 VISION INSURANCE APRIL 2017 FY 16/17 STREET STRIPPING PROJ MARCH 2017 POSTAGE MONTHLY MAINT 2/12/17-3/11/17 LAW ENF SERVICES FEB 2017 CCMF MTG, OFFICE SUPPLIES MAINT MARCH 2017 ELECTION DATE POST CARDS DEFERRED COMP 3/17/17 QUARTERLY WEBSITE MAINTENANCE SATELLITE PHONES APRIL 2017 GAS SERVICE 02/06/17-03/08/17 DEFERRED COMP 3/17/17 PROCESSING FEE PAY PERIOD - MARCH 1, 2017 THROUGH MARCH 14, 2017 I, Raymond K Cruz, City Manager of Rolling Hills, California certify that the above demands are accurate and there is available in the General Fund a balance of $62,471.55 for the payment of ove ms. Raymond R'."Cruz, City Manager * Previously Disbursed AMOUNT 7,965.43 681.72 394.84 113.30 1,493.15 1,500.00 114.69 25,735.10 2,035.50 565.00 217.50 998.00 1,382.41 97.90 119.46 364.00 57.45 18,636.10 $ 62,471.55 43,7/8.00 Printed on Recycled Paper 3/13/2017 6:43 PM CITY OF ROLLING HILLS BALANCE SHEET February 28, 2017 MUNICIPAL GENERAL & DEPOSIT COPS & COMMUN. SELF- REFUSE TRAFFIC TRANSIT UTILITY CAPITAL FUND FUND CLEEP FACILITIES INSUR. COLLECT. SAFETY PROP A, C, M FUND & TDA ASSETS Cash & Cash Equivalents $ ash & Cash Equivalents - Capital Project Fund Poppy Trail Grading Bond Accounts Receivable Prepaid Expense & Deposits LIABILITIES 4,653,588 $ 1,771 $ 135,131 $ 18,282 $ 260,374 $ 344,578 $ 2,921 $ 196,396 $ 1,236,507 305,000 • 8,972 36,573 TOTAL ASSETS $ 4,662,560 $ 306,771 $ 135,131 $ 18,282 $ 260,374 $ 381,151 $ 2,921 $ 196,396 $ 1,236,507 Accounts & Contract Payable $ 16,780 $ Employees Benefits Payable Deposits 18,852 306,771 Deferred Revenues 14,012 Employees Benefits Payable 197 _ TOTAL LIABILITIES 49,841 306,771 FUND BALANCE $ - $ 126,918 $ 126,918 Unassigned Fund Balance 4,612,719 135,131 18,282 260,374 254,233 2,921 $ 196,396 1,236,507 TOTAL FUND BALANCE 4,612,719 135,131 18,282 260,374 254,233 2,921 196,396 1,236,507 TOTAL FUND BALANCE &LIABILITIES $ 4,662,560 $ 306,771 $ 135,131 $. 18,282 $ 260,374 $ 381,151 $ 2,921 $ 196,396 $ 1,236,507 COMPOSITION OF CASH Petty Cash OPUS Bank - Checking Account OPUS Bank - Interest Checking Account OPUS Bank - Money Market Calif. State Local Agency Investment Fund Malaga Bank - CDARS - CD's $ 1,500 67,810 1,007,730 721,669 4,555,839 495,000 $ 6,849,548 Prepare Terry She Finance Director Date Date 3/M/1 7 Raymond R. Cruz, City Manager YTD TOTAL BEGINNING OF YEAR TOTAL $ 6,849,548 $ 6,891,267 305,000 305,000 36,573 185,238 8,972 37,436 $ 7,200,093 $ 7,418,941 $ 143,698 $ 454,364 18,305 325,623 325,574 14,012 14,012 197. - 483,530 812,255 6,716,563 6,606,686 6,716,563 6,606,686 $ 7,200,093 $ 7,418,941 • 3/13/2017 6:55 PM CITY OF ROLLING HILLS SUMMARY STATEMENT OF REVENUES AND EXPENDITURES Actual Compared to Annual Budget July 1, 2016 to February 28, 2017 Fund GENERAL Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue CAPITAL IMPROVEMENT FUND Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue COMMUNITY FACILITIES Revenues Expenditures Net Revenue before transfers Transfers in (out) • Net Revenue MUNICIPAL SELF-INSURANCE Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue REFUSE COLLECTION Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue TRAFFIC SAFETY Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue TRANSIT - PROP A, C, M & TDA Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue UTILITY FUND Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue TOTAL ALL FUNDS Revenues Expenditures Net Revenue before transfers Transfers in (out) Net Revenue This Year Last Year This Year Better (Worse) Annual Budget & Adj. Remaining Budget $ 968,699 $ 960,147 $ 8,552 1,956,600 $ 987,901 972,974 862,462 (110,512) 1,866,260 893,286 (4,275) 97,685 (101,960) 90,340 94,615 16,000 (17,455) 33,455 (344,050) (360,050) 11,725 80,230. (68,505) (253,710) (265,435) 129,324 114,618 14,706 115,125 (14,199) 88,589 71,115 (17,474) 164,000 75,411 40,735 43,503 (2,768) (48,875) (89,610) - - - - 0 40,735 43,503 (2,768) (48,875) (89,610) - - - 100 100 - - - 62,700 62,700 - - - (62,600) (62,600) - - - 62,600 62,600.00 - - - - 0 - 235 235 6,000 6,000.00 - (235) 235 (6,000) (6,000.00) - (235) 235 (6,000) (6,000.00) 521,391 513,010 8,381 771,900 250,509 507,672 503,987 (3,685) 761,508 253,836 13,719 9,023 4,696 10,392 (3,327) (16,000) (16,000) - (24,000) (8,000) (2,281) (6,977) 4,696 (13,608) (11,327) 32,932 - 32,932 50 (32,882) 30,011 33,919 3,908 55,500 25,489 2,921 (33,919) 36,840 (55,450) (58,371) - 33,455 (33,455) 55,450 55,450 2,921 (464) 3,385 - (2,921) 56,776 56,654 122 85,786 29,010 - - - 190,000 190,000.00 56,776 56,654 122 (104,214) (160,990) 56,776 • 56,654 122 (104,214) (160,990) - 33,799 33,799 150,000 150,000.00 - (33,799) 33,799 (150,000) (150,000.00) - - - 250,000 250,000.00 - (33,799) 33,799 100,000 100,000.00 1,709,122 1,644,429 64,693 2,929,561 1,220,439 1,599,246 1,505,517 (93,729) 3,255,968 1,656,722 109,876 138,912 (29,036) (326,407) (436,283) $ 109,876 $ 138,912 $ (29,036) $ (326,407) $ (436,283) TO: FROM: THRU: SUBJECT: giff Rallz</if gad INCORPORATED JANUARY 24, 1957 NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 10-A Mtg. Date: 03/27/17 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL YOLANTA SCHWARTZ, PLANNING DIRECTOR tr RAYMOND CRUZ, CITY MANAGER )12()(' - CONSIDERATION OF ORDINANCES NO. 351-U AND 351. ORDINANCE 351-U. AN URGENCY ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE CITY OF ROLLING HILLS MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 32 OF LOS ANGELES COUNTY CODE (FIRE CODE), RATIFYING THE MORE RESTRICTIVE FIRE STANDARDS CONTAINED IN THAT CODE, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF, AND DECLARING THE URGENCY THEREOF. THE PROJECT IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061(B)(3). AND ORDINANCE 351. AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE CITY OF ROLLING HILLS MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 32 OF LOS ANGELES COUNTY CODE (FIRE CODE), RATIFYING THE MORE RESTRICTIVE FIRE STANDARDS CONTAINED IN THAT CODE, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF. THE PROJECT IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061(B)(3). DATE PUBLISHED: March 16, 2017 ATTACHMENTS: Ordinance No. 351-U and Ordinance No. 351 Current City Fire Code RECOMMENDATION It is recommended that the City Council waive full reading, conduct a public hearing and (1) adopt the attached Urgency Ordinance No. 351- U, by a 2/3 vote, adopting by reference the 2017 Los Angeles County Fire Code as the City's Fire Code which allows the Los Angeles County Fire Protection District to enforce certain more restrictive fire and life safety building standards within the City than mandated by the California Building Standards Fire Code; (2) introduce for first reading Ordinance No. 351, adopting by reference the 2017 Los Angeles County Fire Code; conduct public hearing and direct staff to schedule second reading and adoption of Ordinance No. 351 for the April 10, 2017 City Council meeting. BACKGROUND In January 2017 the City Council adopted the LA County Codes, except for the Fire Code. Normally, the County Board of Supervisors adopts the Fire Code at the same time as the other County codes. This year the adoption of the Fire Code was delayed and it was adopted in February 2017. The State of California, through the State Building Standard Commission, publishes uniform building standards applicable throughout the state. The State Fire Code is part of the California Code of Regulations, Building Standards Code, Title 24, part 9, and is updated tri-annually. Local jurisdictions, including the County and District are required by law to adopt the latest edition of the California Fire Code. The 2017 County Fire Code adopts by reference with some changes the 2016 California (State) Fire Code. State law allows cities, counties and fire protection districts to adopt more restrictive building standards than those contained in the State of California Fire Code if those standards are necessary due to the unique climatic, geological, and topographical conditions existing in the local jurisdiction. In order to adopt these more restrictive building standards, the County and District must make findings justifying the more restrictive provisions. As part of the amended Fire Code adopted by the BOS, the Consolidated Fire Prevention District of Los Angeles County proposed building standards relating to fire safety that are more stringent than those building standards contained in the California Building Standards Code, pursuant to Health and Safety Code section 13869.7. District amendments that are more restrictive building standards must be ratified by the City in order for those amendments to be enforceable within the City's jurisdiction. The City may choose not to adopt the County Code; then by default the California Building Standards Code of California Fire Code becomes effective in the City. DISCUSSION The resolution before you adopts the Los Angeles County Fire Protection District Fire Code as the City's Fire Code and ratifies the building standards, relating to fire and life safety, which are more restrictive than those adopted by the State Fire Marshal and contained within the California Building Standards Code. California law requires building standards adopted by local jurisdictions that are more restrictive than those adopted by the state to be enacted by ordinance within 180 days after the state adopts and publishes the California Building and Fire Code. The California Health and Safety Code Section 13869.7 authorizes the Fire District to adopt such standards but requires ratification by the legislative body where the standards will apply. There are no changes in the 2017 LA County Fire Code pertinent to regulations for single-family residential construction. The 2014 Fire Code has adopted all of the more restrictive building standards that apply to single-family residential construction. The only change relevant to residential construction is a change in fees for plan check and inspection. The City Attorney advises that two ordinances be considered by the City Council. The Urgency Ordinance becomes effective immediately, and is necessary due to the fact that the County Fire Code is already in effect and the City could be challenged if the Fire Department applies the new requirements to City projects, when the City did not adopt the new code. However, Urgency Ordinances require justification and must contain valid, constitutional and persuasive facts to justify the urgency. A non -urgency ordinance becomes effective 30 -days following the second reading by the City Council. It is a good practice to adopt both ordinances, in case the Urgency Ordinance is challenged. If the Urgency Ordinance were challenged, the Fire Department staff would be able to process projects applying the new Fire Code adopted under the non -urgency ordinance, although a little later. FISCAL IMPACT Building plan check and Fire Department permit fees are paid to compensate the City for expenditures associated with fire code implementation activities. The fees collected will continue to match the expenditures, and there will be no net fiscal impact to the City. NOTIFICATION A notice of this public hearing was published in the Peninsula News on March 16, 2017, in the City's Newsletter and was posted at City Hall. The City Council agenda is also available on the City's website. CONCLUSION Staff recommends that the City Council, following a public hearing, adopt Urgency Ordinance No. 351-U by a 2/3 vote and introduce for first reading Ordinance No. 351. THIS PAGE INTENTIONALLY LEFT BLANK ORDINANCE NO. 351-U. ORDINANCE 351-U. AN URGENCY ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE CITY OF ROLLING HILLS MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 32 OF LOS ANGELES COUNTY CODE (fire code), RATIFYING THE MORE RESTRICTIVE FIRE STANDARDS CONTAINED IN THAT CODE, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF, AND DECLARING THE URGENCY THEREOF. WHEREAS, the City of Rolling Hills lies within the jurisdictional boundaries of the Consolidated Fire Protection District of Los Angeles County (District); and WHEREAS, the District has responsibility for fire protection within said jurisdictional boundaries; and WHEREAS, the County Board of Supervisors, acting as the Governing Body of the District did on January 24, 2017, adopt amendments to the District Fire Code by adopting by reference, with certain changes and amendments, the 2016 Edition of the California Fire Code and the 2015 edition of the International Fire Code; and WHEREAS, as allowed by state law, the District Fire Code contains local amendments that constitute more restrictive building standards relating to fire and panic safety than those adopted by the State Fire Marshal and contained in the California Building Standards Code; and WHEREAS, pursuant to Section 13869.7(c) of the California Health and Safety Code, local amendments containing such more restrictive building standards are not effective within the jurisdictional boundaries of the City until ratified by the City Council; and WHEREAS, it is the intention of the City to ratify all of these more restrictive building standards and to have those standards be enforced in the City; THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 15.20.010 of Title 15, Chapter 15.20 (Fire Code) of the Rolling Hills Municipal Code is hereby amended to read as follows: 15.20.010 Adoption of Fire Code. Except as hereinafter provided in this chapter, Title 32 Fire Code of the Los Angeles County Codes, as amended and in effect on February 24, 2017, which constitutes an amended version of the California Fire Code, 2016 Edition and an amended version of the International Fire Code, 2015 Edition is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Fire Code, 2016 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. Ordinance No. 351-U 1 A copy of Title 32 of the Los Angeles County Code, along with a copy of the California Fire Code, 2016 Edition has been deposited in the office of the City Clerk and shall be at all times maintained by the Clerk for use and examination by the public. Section 2. Ratification of More Stringent Building Standards. Pursuant to Health and Safety Code section 13869.7, subdivision (a), as part of its amendments to Title 32 (Fire Code), the Consolidated Fire Protection District of Los Angeles County proposed building standards relating to fire and public safety that are more stringent than those building standards adopted by the State Fire Marshal and contained in the California Building Code. Pursuant to Health and Safety Code section 13869.7, subdivision (c), by adoption of this ordinance, the City Council hereby ratifies the building standards included within the ordinance amending Title 32 (Fire Code) as amended and in effect on February 24, 2017. Section 3. The City Council hereby finds that the changes and modifications to the Fire Code that has been enacted by this ordinance are reasonably necessary because of the City's local climate, characterized by hot, dry summers, often resulting in drought conditions, followed by strong Santa Ana winds, often resulting in hazardous fire conditions, and the City's geological characteristics in that the area is characterized by geological instability; location in Southern California; and the relatively hilly topography of the City. The City Council hereby finds that the modifications to the California Fire Code in Title 32 of the Los Angeles County Code are reasonably necessary because of the local climatic, geological, and topographical conditions indicated above. Accordingly, the City Council fmds the modifications in this Ordinance to the Fire Code to be necessary for the protection of the public health, safety, and welfare. Section 4. To the extent the provisions of this ordinance are substantially the same as previous provisions of the Rolling Hills Municipal Code, these provisions shall be construed as continuations of those provisions and not as new enactments. Section 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council of the City of Rolling Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Section 6. Urgency Findings. Title 32 (Fire Code) of the LA County Code took effect on February 24, 2017. It is essential that the City have in effect as of that date codes that comport with state law and contain those modifications necessitated by unique topographic, geologic and climatic conditions. In the absence of immediate effectiveness, the provisions of the Fire Code unique to the City's special circumstances will not be in place and this will have a detrimental effect on the public, health, safety and welfare. The modifications to the Code contain vital provisions regarding administrative procedures, and other similar matters necessitated by the City's exposure to Santa Ana winds and its limited rainfall in summer and fall months and increased risk for fires. For these reasons, the public health, safety and welfare require that this ordinance take effect immediately. This Ordinance is an urgency ordinance adopted pursuant to Government Code Section 36967 and shall take effect immediately. Ordinance No. 351-U 2 O Section 7. This Ordinance has been determined to be exempt from the California Environmental Quality Act pursuant to State Guidelines Section 15061(b)(3) because it is not a project that has the potential for causing a significant effect on the environment. Section 8. Thee City Clerk shall certify the adoption of this Ordinance and shall file a copy of this Ordinance as follows: California Department of Housing and Community Development, Division of Codes and Standards, 2020 West El Camino Avenue, Suite 250, Sacramento, California 95833-1820. California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833 and Consolidated Fire Protection District of Los Angeles County, Attn: Chief Mark Savage, Fire Marshal, 5823 Rickenbacker Road, Commerce, California 90040. • PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF MARCH 2017: Mayor ATTEST: Heidi Luce City Clerk Ordinance No. 351-U 3 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Ordinance No. 351-U entitled: ORDINANCE 351-U. AN URGENCY ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE CITY OF ROLLING HILLS MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 32 OF LOS ANGELES COUNTY CODE (FIRE CODE), RATIFYING THE MORE RESTRICTIVE FIRE STANDARDS CONTAINED IN THAT CODE, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF, AND DECLARING THE URGENCY THEREOF. was approved and adopted at a regular meeting of the City Council on March 27, 2017 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI LUCE CITY CLERK Ordinance No. 351-U 4 0 ORDINANCE NO. 351 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE CITY OF ROLLING HILLS MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 32 OF LOS ANGELES COUNTY CODE (FIRE CODE), RATIFYING THE MORE RESTRICTIVE FIRE STANDARDS CONTAINED IN THAT CODE, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 15.20.010 of Title 15, Chapter 15.20 (Fire Code) of the Rolling Hills Municipal Code is hereby amended to read as follows: 15.20.010 Adoption of Fire Code. Except as hereinafter provided in this chapter, Title 32 Fire Code of the Los Angeles County Codes, as amended and in effect on February 24, 2017, which constitutes an amended version of the California Fire Code, 2016 Edition and an amended version of the International Fire Code, 2015 Edition is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Fire Code, 2016 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 32 of the Los Angeles County Code, along with a copy of the California Fire Code, 2016 Edition has been deposited in the office of the City Clerk and shall be at all times maintained by the Clerk for use and examination by the public. Section 2. Ratification of More Stringent Building Standards. Pursuant to Health and Safety Code section 13869.7, subdivision (a), as part of its amendments to Title 32 (Fire Code), the Consolidated Fire Protection District of Los Angeles County proposed building standards relating to fire and public safety that are more stringent than those building standards adopted by the State Fire Marshal and contained in the California Building Code. Pursuant to Health and Safety Code section 13869.7, subdivision (c), by adoption of this ordinance, the City Council hereby ratifies the building standards included within the ordinance amending Title 32 (Fire Code) as amended and in effect on February 24, 2017. Section 3. The City Council hereby finds that the changes and modifications to the Fire Code that has been enacted by this ordinance are reasonably necessary because of the City's local climate, characterized by hot, dry summers, often resulting in drought conditions, followed by strong Santa Ana winds, often resulting in hazardous fire conditions, and the City's geological characteristics in that the area is characterized by geological instability; location in Southern California; and the relatively hilly topography of the City. The City Council hereby finds that the modifications to the California Fire Code in Title 32 of the Los Angeles County Code are reasonably necessary because of the local climatic, geological, and topographical conditions indicated above. Accordingly, the City Council fmds the Ordinance No. 351 1 0 modifications in this Ordinance to the Fire Code to be necessary for the protection of the public health, safety, and welfare. Section 4. To the extent the provisions of this ordinance are substantially the same as previous provisions of the Rolling Hills Municipal Code, these provisions shall be construed as continuations of those provisions and not as new enactments. Section 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council of the City of Rolling Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Section 6. This ordinance shall be effective upon adoption and shall become operative as of February 24, 2017. Section 7. This Ordinance has been determined to be exempt from the California Environmental Quality Act pursuant to State Guidelines Section 15061(b)(3) because it is not a project that has the potential for causing a significant effect on the environment. Section 8. Thee City Clerk shall certify the adoption of this Ordinance and shall file a copy of this Ordinance as follows: California Department of Housing and Community Development, Division of Codes and Standards, 2020 West El Camino Avenue, Suite 250, Sacramento, California 95833-1820. California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833 and Consolidated Fire Protection District of Los Angeles County, Attn: Chief Mark Savage, Fire Marshal, 5823 Rickenbacker Road, Commerce, California 90040. PASSED, APPROVED AND ADOPTED THIS DAY OF APRIL 2017. Mayor ATTEST: Heidi Luce City Clerk Ordinance No. 351 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Ordinance No. 351 entitled: ORDINANCE 351-U. AN URGENCY ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE CITY OF ROLLING HILLS MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 32 OF LOS ANGELES COUNTY CODE (FIRE CODE), RATIFYING THE MORE RESTRICTIVE FIRE STANDARDS CONTAINED IN THAT CODE, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF, AND DECLARING THE URGENCY THEREOF. was approved and adopted at a regular meeting of the City Council on April , 2017 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI LUCE CITY CLERK Ordinance No. 351 3 THIS PAGE INTENTIONALLY LEFT BLANK Chapter 15.20 - FIRE CODE* Sections: 15.20.010 - Adoption of Fire Code. Except as hereinafter provided in this chapter, Title 32 Fire Code of the Los Angeles County Codes, as amended and in effect on April 24, 2014, which constitutes an amended version of the California Fire Code, 2013 Edition (Part 9 of Title 24 of the California Code of Regulations) and an amended version of the International Fire Code, 2012 Edition is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Fire Code, 2013 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 32 of the Los Angeles County Code, along with a copy of the California Fire Code, 2013 Edition, and the International Fire Code, 2012 Edition, has been deposited in the office of the City Clerk and shall be at all times maintained by the Clerk for use and examination by the public. (Ord. 311 § 21, 2008: Ord. 290-U § 8(part), 2002: Ord. 277-U § 5(part), 1999). (Ord. No. 322-U, § 7, 1-10-2011; Ord. No. 338, § 2, 6-9-2014) 15.20.020 - Short title. This chapter shall be known as the "Fire Code of the City of Rolling Hills" and may be cited as such. (Ord. 277-U § 5(part), 1999). 15.20.025 - Very high fire hazard severity zone (VHFHSZ). The entire City of Rolling Hills is designated as a very high fire hazard severity zone, as prescribed by. the Director of California Department of Forestry and Fire Protection and as designated on a map titled City of Rolling Hills VHFHSZ dated July 1, 2008 and which shall be retained on file in the City Clerk's office at the Rolling Hills City Hall. (Ord. 311 § 22, 2008). 15.20.030 - Permits. Any permit heretofore issued by the County of Los Angeles pursuant to the Fire Code of said County, for work within the territorial boundaries of the City of Rolling Hills, shall remain in full force and effect according to its terms. (Ord. 277-U § 5(part), 1999). 15.20.035 - Reserved. Editor's note— Ord. No. 338, §§ 1, 3, adopted June 9, 2014, repealed former § 15.20.035 which pertained to amendment —draft system identification sign, and derived from Ord. No. 277-U, § 5. adopted 1999; Ord. No. 290-U, § 8. adopted 2002; Ord. No. 311, § 21, adopted 2008; Ord. No. 322-U, § 7. adopted Jan. 10, 2011. 15.20.050 - Violations. Every person violating any provision of the Fire Code or of any permit or license granted hereunder, or any rule, regulation or policy promulgated pursuant hereto, is guilty of a misdemeanor unless such violation is declared to be an infraction by Section 5101.1 of the Fire Code. Each such violation is a separate offense for each and every day during any portion of which such violation is committed, continued or permitted, and conviction of any such violation shall be punishable by a fine not to exceed one thousand dollars or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment. (Ord. 311 § 24, 2008: Ord. 277-U § 5(part), 1999). (Ord. No. 338, § 4, 6-9-2014) 15.20.060 - Responsibility. Any person who personally or through another wilfully, negligently, or in violation of law sets a fire, allows a fire to be set, or allows a fire kindled or attended by such person to escape from his or her control, allows any hazardous material to be handled, stored or transported in a manner not in accordance with nationally recognized standards, allows any hazardous material to escape from his or her control, neglects to properly comply with any written notice of the Chief, or wilfully or negligently allows the continuation of a violation of the Fire Code and amendments thereto is liable for the expense of fighting the fire or for the expenses incurred during a hazardous materials incident, and such expense shall be a charge against that person. Such charge shall constitute a debt of such person and is collectible by the public agency incurring such expense in the same manner as in the case of an obligation under a contract, expressed or implied. 4