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04-08-19_CC Agenda Packet City of Rolling Hills INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Page 1 of 3 AGENDA CITY COUNCIL CITY OF ROLLING HILLS REGULAR MEETING MONDAY, APRIL 8, 2019 7:00 P.M. Next Resolution No. 1236 Next Ordinance No. 362 1. CALL TO ORDER 2. ROLL CALL PLEDGE OF ALLEGIANCE 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 – 1) Regular Meeting of March 25, 2019. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Republic Services Recycling Tonnage Report for February 2019. RECOMMENDATION: Approve as presented. D. Financial Statement for the Month of February 2019. RECOMMENDATION: Approve as presented. 5. PRESENTATION OF CITY COUNCIL REORGANIZATION A. PRESENTATION OF NEW MAYOR AND MAYOR PRO-TEM B. PRESENTATION TO MAYOR WILSON IN RECOGNITION OF HIS SERVICE DURING HIS 2018-2019 TERM AS MAYOR City Council Agenda 04/08/19 Page 2 of 3 C. COMMENTS FROM OUTGOING MAYOR 6. ADJOURNMENT TO RECEPTION 7. COMMISSION ITEMS NONE. 8. PUBLIC HEARINGS NONE. 9. OLD BUSINESS A. CONSIDERATION AND APPROVAL OF RESOLUTION 1235 AFFIRMING THE DECISION OF THE CITY MANAGER IN THE APPEAL FILED BY GORDON AND NANCY INMAN AND ORDERING REMOVAL OF THE BOXER (LULU) FROM THE CITY 10. NEW BUSINESS NONE. 11. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS 12. MATTERS FROM STAFF NONE. 13. CLOSED SESSION NONE. 14. ADJOURNMENT Next meeting: Monday, April 22, 2019 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 City Council Agenda 04/08/19 Page 3 of 3 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. All Planning Commission items have been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines unless otherwise stated. DRAFT Agenda Item No.: 4A Mtg. Date: 04/08/2019 -1- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, MARCH 25, 2019 1. CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Wilson at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. 2. ROLL CALL Councilmembers Present: Black, Dieringer, Mirsch, Pieper and Mayor Wilson. Councilmembers Absent: None. Others Present: Elaine Jeng, P.E., City Manager. Mike Jenkins, City Attorney. Alfred Visco, 15 Cinchring Road. Gordon Inman, 11 Caballeros Road. Nancy Inman, 11 Caballeros Road. Pam Crane, 10 Caballeros Road. Sarah Noel, 8 Hackamore Road. 3. OPEN AGENDA - PUBLIC COMMENT WELCOME Alfred Visco, 15 Cinchring Road, requested the City Council to review the dead vegetation ordinance again to address weeds and vegetation before they are dead. Mr. Visco suggested the City Council to amend the dead vegetation ordinance with the statues that he provided previously. Mr. Visco noted that last week, Governor Newsom declared state of emergency on wildfire. This declaration gives the City Council a golden opportunity. Mr. Visco noted that the Ready, Set, Go brochure by the Fire Department designated six high hazard plants. Mr. Visco suggested to the Association to direct landscape committee to ban the use of these six high hazard plants. Mr. Visco suggested going even further to remove this type of vegetation from Rolling Hills. 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 – 1) Regular Meeting of March 11, 2018 RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. DRAFT Minutes City Council Meeting 04-8-19 -2- Mayor Pro Tem Mirsch moved that the City Council approve the items on the consent calendar as presented. Councilmember Pieper seconded the motion, which carried without objection by a voice vote as follows: AYES: COUNCILMEMBERS: Black, Dieringer, Mirsch, Pieper and Wilson. NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. Mayor Wilson noted Deputy John Despot’s name is misspelled. Mayor Wilson inquired about the encroachment fee paid to Rolling Hills Estates. Mayor Pro Tem Mirsch noted the City rents/lease a portion of the property from Rolling Hills Estates. City Manager Jeng noted Deputy John Despot’s name will be corrected along with other spelling errors pointed out by Mayor Pro Tem Mirsch. In response to Mayor Wilson’s inquiry, City Manager Jeng noted that a portion of the City’s parking lot encroaches into Rolling Hills Estates’ right of way and the fee is to pay for the encroachment. 5. COMMISSION ITEMS None. 6. PUBLIC HEARINGS A. APPEAL TO THE CITY COUNCIL ON THE REMOVAL ORDER BY THE CITY MANAGER ISSUED TO GORDON AND NANCY INMAN TO REMOVE THE BOXER, LULU FROM THE CITY City Manager Jeng provided a history of animal complaints against Gordon and Nancy Inman’s boxer, Lulu. City Manager Jeng said that based on her investigation of the latest complaint from January 2019, she reinstated a previous order to remove the Inmans’ boxer Lulu, from the City. The Inmans decided to appeal the decision. Mayor Wilson asked for public comments. Gordon Inman noted that in 2005 Lulu bit a lady next door, Katherine Betancourt. In that incident, Lulu caused a dogfight between three dogs and Mr. Inman noted that it is unknown which dog bit Ms. Betancourt. The caretakers that walked Mr. Bhasker had a funny set up when walking down the street and Lulu barked at them but she did not bite them. The most recent incident is with Virginia Letts. Due to his knee replacement in 2018, Mr. Inman said that he was not exercising Lulu. The recent rains confined Lulu further, playing in the backyard only in between rains. One of the gates broke and Lulu ran out to the front of the house and then across the street and bit Virginia Letts. Mr. Inman said going forward he wants to do a better job of securing Lulu. Mr. Inman noted that he has fixed all the gates and will be DRAFT Minutes City Council Meeting 04-8-19 -3- installing invisible fence around the perimeter including the front door. Mr. Inman requested to keep his dog. Mr. Inman described an incident where he had fallen in his backyard and could not get up. Lulu rested beside Mr. Inman and Mr. Inman was able to use Lulu to get up to get help. Mr. Inman said he has become very attached to Lulu. Mr. Inman noted that he has multiple surgeries on the horizon and keeping Lulu is emotionally important to him. Mr. Inman also submitted a letter from Dr. Nuccion speaking to Lulu’s support. Mr. Inman has hired a dog walker to exercise Lulu. Mr. Inman reached out to Ms. Letts three times to settle the issue among themselves but Ms. Letts did not return his calls. City Manager Jeng noted that earlier in the day, the Inmans submitted additional documents and those items are made available to the Councilmembers on the dais. Pam Crane clarified that in the incident five years ago, it is unknown which dog bit Kathleen. The incident with Ms. Letts was an accident. The Inmans are responsible people; they are putting in measures to secure Lulu and exercising Lulu. Lulu is not aggressive. Lulu brings lots of joy to many people. Councilmember Black asked for clarification on the chronology of events. City Manager Jeng provided a summary of the three incidents. Mayor Wilson requested clarification on the 2005 event as noted by Gordon Inman. Mr. Inman clarified it was 2013 and Lulu is ten years old. Councilmember Black asked for confirmation that Lulu was ordered to be removed from the second incident and the removal order was stayed because the Inmans confined Lulu to their property. Councilmember Black also inquired if the initial confinement order specified the use of invisible fence. City Manager Jeng clarified that Lulu was ordered to be confined to the Inmans’ property from the first incident with Dr. Bhasker and no specifics such as invisible fencing were included in that confinement order. Mr. Inman noted that the confinement order came from the second incident. Councilmember Dieringer pointed out on Attachment 7 the confinement order came from then City Manager Anton Dahlerbruch’s letter found on page 32/42. The letter shows the confinement started after the first incident with Dr. Bhasker. Mayor Wilson asked for confirmation that dogs are allowed to be outside of the property on a leash when ordered to be confined. Councilmember Black requested a brief recess to review the additional documents submitted by the Inmans before the City Council meeting. DRAFT Minutes City Council Meeting 04-8-19 -4- Councilmember Black noted that if Dr. Nuccion is requesting the dog to serve as emotional support animal, there is no choice and by law the request has to be accepted. Councilmember Black noted that Dr. Nuccion is not using the correct form. Discussion ensued on a previous animal case relating to emotional support dog. City Attorney Jenkins noted it is uncertain that Dr. Nuccion is qualified to give diagnosis on emotional support or allow a dangerous animal to serve as emotional support animal. Councilmember Black noted that any physician can prescribe the need to have an emotional support animal. Councilmember Pieper said that members of the community should not be afraid of walking on their street. The City Council’s past practice is to order the removal of the dog on the second incident and even though the first incident with Lulu did not result in a bite, there have been three incidents. While the dog is in confinement, neighbors will be afraid that the dog will get out. He cannot reasonably allow the dog to stay after the dog bit two people. Councilmember Black noted that there was a six-year separation between incidents. Councilmember Dieringer said there is an obligation to protect the neighbors on the street. Councilmember Dieringer does not feel that additional training will help Lulu as the behavior issues, establishing rank, as noted by Lulu’s trainer has to do with the owners. Councilmember Dieringer has experience with invisible fence and it does not work. Mayor Pro Tem Mirsch said that while there has been a time gap between the Betancourt and the Letts incident, the first time Lulu got out she bit someone. It doesn’t appear in the five year period, Lulu has mellowed out. Lulu’s level of aggressiveness is not reasonable. Lulu demonstrated a pattern of unimproved behavior and given the trend, she does not appear to slow down. Mayor Pro Tem supports the removal order. City Attorney Jenkins informed the City Council that it is customary for the City Council instruct staff to bring a resolution back at the next meeting. The resolution would outline the City Council’s decision on the matter. Councilmember Pieper moved to instruct staff to bring back a resolution to deny the appeal and order the removal of Lulu from the City. Councilmember Dieringer seconded the motion, which carried without objection by a voice vote as follows: AYES: COUNCILMEMBERS: Black, Dieringer, Mirsch, Pieper and Wilson. NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. Councilmember Black noted that if a prescription ordering the dog to be an emotional support dog then he DRAFT Minutes City Council Meeting 04-8-19 -5- would reconsider his vote. City Attorney Jenkins noted that the action this evening is to direct staff to prepare a resolution and the resolution will be brought back to the City Council at the next meeting. The public hearing will be re- opened to introduce additional evidence. It is not the City’s obligation to pursue the prescription. B. WAIVE THE FULL READING AND INTRODUCE ON FIRST READING ORDINANCE NO. 361 AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING CHAPTER 13.18 (WATER EFFICIENCY LANDSCAPE) OF TITLE 13, WATER AND SEWERS OF THE ROLLING HILLS MUNICIPAL CODE. Planning Director provided a background on development of a Model Water Efficiency Landscape Ordinance by the State. Planning Director highlighted the key points of the proposed ordinance no. 361. Given the complexity of the technical details required to comply with the ordinance, Planning Director noted that consulting assistance is needed to properly enforce the ordinance to review and validate applicant submittals. Consultant fees is proposed to be recovered by charging applicants the amount of funds needed for the review. Planning Director met with community member Sarah Noel before the meeting and Ms. Noel proposed three edits to the proposed ordinance. (1) Add provisions to the certification requiring applicants to commit to maintaining the element of the water efficiency landscaping. (2) Add re-circulating systems to water features. This is already a plumbing code requirement but not all projects require a plumbing permit. (3) Show water supply type (grey water, potable water, etc.) in the irrigation schedule. (4) Add water schedule per watering station. Councilmember Black inquired is it a State requirement to declare a nuisance for non-compliance. What is the State’s enforcement plan? Does the City default to the State’s enforcement plan if the City does not adopt the proposed ordinance? Planning Director Schwartz responded that the City is obligated to report to the State on projects and the State requires cities to have an enforcement plan but the State is not requiring the declaration of nuisance for non-compliance. Mayor Wilson asked for public comments. Alfred Visco recalled an exemption for the ordinance for residential owner improving the landscaping. In his quick reading, the statue also exempts parcels less than one acre. Mr. Visco suggested to adopt the model State model efficiency ordinance without reinventing the wheel. Mr. Visco noted that enforcement action is up to the City but he suggested finding alternatives to declaring a nuisance for non-compliance. Sarah Noel expressed that she performs plan checks for other cities. This ordinance will result in same treatment for all residents. Mayor Wilson inquired if the City ordinance prohibit the use of grey water. Mayor Wilson also inquired why the city didn’t just adopt the State’s regulation and the benefit of having our own ordinance. DRAFT Minutes City Council Meeting 04-8-19 -6- Planning Director Schwartz responded that grey water is allowed in the city. The proposed ordinance basically mimics the State’s model efficiency ordinance with a slight change in the applicability. The State’s ordinance applies to projects of 500 square feet. The proposed ordinance applies to 2,500 square feet and above. City Manager Jeng added that the current municipal code Chapter 13 adopted the 2010 State Model Efficiency Landscape Ordinance. In contrast, Rolling Hills Estates adopted the 2015 State Model Efficiency Ordinance by reference. In keeping with past format, staff is proposing to amend Chapter 13 with the 2015 State Model Efficiency Landscape Ordinance. In reviewing the State’s ordinance, city staff had to look at how to capture projects of 500 square feet based on the City’s process. At a threshold of 500 square feet set by the State, the City currently does not require permitting through the City and thus there will be no projects that will be reviewed by the City at that threshold. Councilmember Black inquired what requirements could be the least stringent on the residents. Is it possible for staff to propose a threshold greater than the threshold set by the State? In response, City Manager Jeng responded that increasing the applicability from 500 square feet to 2,500 square feet would be less stringent. Planning Director Schwartz distinguished that the State’s ordinance noted a threshold of 500 square feet for new construction and 2,500 square feet for projects needing building permits or landscape permits, and design review. This is the justification to increasing the threshold to 2,500 square feet. Councilmember Dieringer noted that if the State’s requirement is adopted by reference than there is no need for staff to keep a laundry list of changes that could take place with the State’s requirements in the future. Councilmember Pieper discussed the benefits of not adopting the State’s ordinance by reference. Councilmember Pieper inquired if the certification provided by professionals hired by applicants is sufficient so that city staff does not have to verify the certification. Councilmember Pieper inquired if the proposed ordinance includes a maintenance requirement. Councilmember Pieper suggested to increase the 90 day extension period. Planning Director Schwartz responded the City will need to validate the certification much like building inspectors. Councilmember Black noted that he does not want to declare nuisance for non-compliance. Mayor Wilson inquired if staff is recommending to add provisions to the proposed ordinance. Councilmember Pieper, Black and Dieringer expressed that they do not want to add the requirement for residents to maintain the efficiency improvements or declare a nuisance for non-compliance. Councilmember Pieper expressed that because water is so expensive that most residents will undertake the required improvements anyway. DRAFT Minutes City Council Meeting 04-8-19 -7- Mayor Pro Tem Mirsch inquired is it possible to check if there is an exemption for owners making the improvements. Councilmember Pieper suggested to add the recycling piece, show the water supply type, and changing the 90 days extension to 180 days. Councilmember Dieringer indicated that she would like to see the benefits of adopting by reference and other kinds of enforcement other than declaring a nuisance. Discussion ensued on different types of enforcement actions. Ms. Noel recommended reading state law and noted that the fuel modification needs to be combined with the proposed ordinance as we are in an extremely high fire location. City Manager Jeng noted that on page 8 of 20, exceptions to the ordinance standards are allowed only upon a finding that alternative design will promote equivalent or greater water conservation. Staff modeled after the State’s ordinance but staff can verify other exceptions to the State’s ordinance. Mayor Wilson supports tabling this matter based on the discussions tonight. There is consensus on eliminating the nuisance provision. Councilmember Dieringer moved to table the issue for four weeks to get additional information. Mayor Pro Tem Mirsch seconded the motion, which carried without objection by a voice vote as follows: AYES: COUNCILMEMBERS: Black, Dieringer, Mirsch, Pieper and Wilson. NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. 7. OLD BUSINESS A. CONSIDERATION AND APPROVAL OF A RESULTION ON COST SHARE MODEL FOR ENGINEERING DESIGN FEES FOR UTILITY UNDERGROUNDING ASSESSMENT DISTRICTS City Manager Jeng provided a background on the matter. At the last City Council meeting, the City Council directed staff to prepare a resolution memorializing the City’s contribution to the utility design fees for undergrounding assessment project. Mayor Pro Tem inquired if someone enlarges the barn or guest house and it changes the footprint of the barn, is there is a requirement to underground utility lines? City Manager Jeng responded that depending on the electricity load, and if there is a need to increase the electrical panel. The Municipal Code states that if a building permit is needed then the undergrounding requirement is triggered. DRAFT Minutes City Council Meeting 04-8-19 -8- Planning Director Schwartz added that the undergrounding requirement is per structure. If the guest house has a separate electrical panel needing upgrade then the undergrounding requirement is only to the guest house. But if one electrical panel serves all structures and the panel requires an upgrade, the undergrounding shall be done for all structures. Councilmember Black moved to approve the Resolution 1234. Mayor Pro Tem Mirsch and Dieringer both seconded the motion, which carried without objection by a voice vote as follows: AYES: COUNCILMEMBERS: Black, Dieringer, Mirsch, Pieper and Wilson. NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. 8. NEW BUSINESS NONE. 9. MATTERS FROM CITY COUNCIL AND MEETING ATTENDANCE REPORTS Councilmember Dieringer reported on the burglary at the Schaye home. Six charges were made against the suspect arrested. The suspect entered the main gate by pushing up the gate arm. The Association does not have a protocol for the guard to report incidents at the gate. Councilmember Dieringer reported that the Association is reviewing new gate systems. There is a code section that allows the guards to call the Sheriff’s Department. The current protocols could have anyone enter the gates. Councilmember Pieper noted that the gates do not belong to the City. Councilmember Pieper noted that the Sheriff’s Department took 20 plus minutes to respond to the incident. The response time should be improved. Mayor Wilson directed staff to get the response time to the incident. Mayor Wilson also reported that the suspect had visited another home, earlier that day. 10. MATTERS FROM STAFF NONE. 11. CLOSED SESSION A. ANTICIPATED LITIGATION The City Council convened into closed session at 8:45pm. 12. RETURN TO OPEN SESSION DRAFT Minutes City Council Meeting 04-8-19 -9- City Attorney Jenkins noted that there is no reportable action taken. 13. ADJOURNMENT The meeting was adjourned in memory of community members Steve Calhoun, Marion Scharffenberger, and the husband of Senior Planner Julia Stewart, Kent Stewart. Hearing no further business before the City Council, Mayor Wilson adjourned the meeting at 9:41p.m. The next regular meeting of the City Council is scheduled to be held on Monday, April 08, 2019 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, __________________________________________ Elaine Jeng City Clerk Approved, _____________________________________ Patrick Wilson Mayor