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03-13-17� ........Y..........�,... MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS,CALg'ORIVIA MONDAY,MARCH �3, 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 Hal�, 2 Portuguese Bend Road, Ro112ng Hills, California. ROLL CALL Councilmembers Present: Black,Mirsch,Pieper, Wilsan azid Mayor Dieringer. Councilmembers Absent: None. Others Present: Yolanta Schwartz,Planning Director. Mike Jenkins, City Attorney. Terry Shea, Finance Directoar. Heidi Luce, City Clerk. Malcolm Sharp, 74 Eastfield Drive (PVPUSD School Board Member) Mitzi Cress,Principal, Peninsi.Fla High School. Ann Y.ampe,Rancho Palos Verdes Resident, PVIS PTSA President. Linda Reid,PVPUSD Board Member. Steve and Lori Wheeler, 3$Portuguese Bend Road. Marcia Schoettle, 24 Eastfield Drive. Tina Greenberg, 32 Portuguese Bend Road. Tai Chtuig, 11Roadrunner Raad. OPEN AGENDA-PUBLIC COMIVVI�NT WELCUME None. CONSENT CALENDAR Matters which may be acted upon by the City Cauncil in a single motion. Any Councilmember may request removal of any item from the Consent Calendar causing it to be considered under Counci�Actions. A. Minutes -Regular Meeting af February 27, 2017. RECOMMENDATIDN: Approve as presented. B. Payment af Bil�s. RECONIlI�NDAT'ION: Approve as presented. Councilmember Pieper moved tha.t the City Council apprave the items on the consent calendar as presented. Mayor Pro Tem Black seconded the motion,which carried without objection. CONIlVIISSION ITEMS None. Recognizing that there were several members of the public present to address the matter, Mayar Pro Tem Black suggested taking New Business item $B regarding enacting a Social Host Ordinance out of order. Hearing no objection, Mayor Dieringer so ordered. NEW BUSINESS D�SCUSSION AND POSSIBLE DIRECTION REGARDIl�TG ENACTING A SOCIAi, HOST ORDINANCE. Mayor Dieringer introduced the item and asked for staffs corriments. City Attorney Jenkins stated that at its last meeting after hearing public comment on the subject, the City Cvuncil directed staff to provide additionai 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 -1- _ _ ,� creating civil liability for those responsible for underage drinking, lazgely applied in private residences where minors are present and drinking alcohal even if the parents are not home or aware of the event. City Attorney Jenkins informed the City Council that�n order for a Social Host Ordinance to be applied in tl�e City of Rolling Hills, the City would also need to adapt a Civil Penalties Ordinance, which the City currently does not have in its Municipal Code. He reviewed the p:rocess for enforcing the ordinance which involves issuing a civil citation with an associated fine where in the first instance, it does nat 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 civi� penalties and criminal prosecution stating that the proponents of Social Host Ordinances believe tlie burden of proof may be difficult to meet in these types of situations and as such,they encourage these ordinances ta provide a ci�vii penalty. Tn 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 re�iewed the cixcumstances and autcome of those two citatians. In fi�rther 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 Attomey Jenkins stated that the optian to enforcement under a Social Host�rdinance would be to prosecute as a criminal affense,but the burden af proof is much higher. Mayor Dieringer called for public comment. Malcol�n Shaxp, 74 Eastfield Drive (PVPUSD Scl�ool 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. Mitzi Cress,Principal, Peninsula High School addressed the City Council in support of the City adopting a Social Hast�rdinance. Ann Lampe, Rancho Palos Verdes Resident, PVIS PTSA President Council addressed the City Council in support of the City adopting a 5ocial 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 Attomey Jenkins sYated that the cost varies based on the number of citations issued b�t 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 secanded the motion. Mayor Dieringer requested that staff provide data or statistics on how often citations issued under a Civil Host Ordinance end np 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 cammented that she recognizes the problerns 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 u�derage drinldng. Following further discussion, the motion to direct staff to prepare a Socia� Host �rdinance for consideration at a future City Council meeting carried with Councilrnember Mirsch opposed. Minutes City Council Meeting 03-13-17 -2- t :.,.::: ::....� PUBLIC HEARINGS A HEARING REGARDING A NUISANCE ABATEMENT AT 38 PORTUGUESE BEND ROAD (LOT 118-RH), AND CONSZDERATION OF A RESOLUTION OF THE CITY COUNCIL QF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY TO BE A PUBLIC NUISANCE AND ORDERING TI� ABATEMENT THEREOF. Mayor Dieringer introduced the it�m and asked for staffls comments. Planning Director Schwartz stated that before the City Council is a public hearing under the City's nuisance abatement pracedures pursuant to Rolling Hills Municipal Code Chapter 8.24. She stated that CZty staff has been working with the property owners on this issue since July 201b and after several correspondence, meetings and an office conference, the nuxsance has not been abated. She stated that after hearing the testimony, it wil� be the City Council's responsibility to determine whether or not a nuisance exists and if it is determined that a 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 staf�was informed that some dirt and rocks were dumped on the property bath on the pad and slopes where the property slopes down into a natural drainage course. She stated that include witk� the staff report are pho�ographs, correspondence and communications between City s�aff and the properry owner a�egarding the matter in an effort to address this issue. She stated that the property owners have indicated to staff they would like ta keep the dirt and come before tl�e Planning Commissian for a modification to a previously approved project where the dirt would be used far that project, but to date that request for modification has not been submitted. She stated that the pmperty owner has been given several opportunities to abate the nuisazice 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 praperty but in the caurse of staffs investigation, staff was told verbally that during an unrelated Southern California Edison project that was being dona in the City,their contractor poty 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 abaternent af the nuisance. She stated that staf�asked the property ow7ner to remove the dirt from the sIope and ensure t1�at all of the dirt is placed in a pile and covered up. She further stated that on March 2, 2017 the property owner infarmed staff that a contractor had been hired to do the wark, but as a� March 10, 2017,the work had not be�en completed. In response to Mayor Dieringer regarding fihe source of the dirt, Pianning Directar Schwarz stated that staff was advised that the dirt was depasited on the praperty from an earlier Southern Cali£ornia Edison projecf. 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 conceming the Iocatian of the dirt as campared to the location of the previously approved development project including the cabana and ofher amenities. Lori Wheeler, 3$ Portuguese Bend Road addressed the City Council stating that they were out of town when this situation was reparted to them and they were not aware that the dirt was dumped on their properry but they offered to keep the dirt so that they didn't have to ha.ul it out of the City. She fiuther stated that they aze 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 Bla�k, Mrs. Wheeler stated that they were not aware of the na�e 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 Septernber 22, 2U16 letter from the City Attorney's oi�ice specifically rnentioning the contractor's name, Mr. Wheeler stated that they did not want to get into a iegal 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 fiurther stated tl�at they are working with Bolton Engineering to prepare revised plans to present to the Planning Commission, but other fmancial obligations and personal matters have prevented them from getting the plans finalized. Mr. Wheeler requested an extension of time to aliow them to address the matter. Discussion ensued concerning the ways to accomplish the abatement and the time needed to do so. City Attorney Jenkins stated that the applicant has had amp�e opportunity to request tl�e appropriate Minutes City Council Meeting 03-13-17 -3- _ ._. _ --- . .._....- .�... ,,:__� �. entitlements but has not yet done so and if they are now asking for more tirne 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 #hat the City has requested several times that t13e dirt be moved but the properry owner has taken no action. Discussion ensued concerning options for abating the nuisance and the timeline far doing do. Mayor Dier�nger suggested including a deadline by which the property owner must apply to the Plannit�g Commission for the requested entitlements. Fol�owing discussion, the City Council concurred that a nuisance exists on the property and suggested the fallowing modification to Section 4 of the Resotution to require that property owners remove all of the dirt and rocks that was dumped and is being stored on fihe 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. Wi�hin 75 days of the da.te of adoption af the Resolution the property ov�mers 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 e�ent that the property owners fail #o complete the measures specified above by the abave-described deadlines, then wi�hin 90 days of the Resolution, the property owners shall remove all of the clirt and rocks that was dumped and is being stored on the pool pad, a�ong the slapes of and in the canyon of Subject Property and haul it out of the City. If the property owners file the applicataon far nee�ed entitlements in a timely fashion, a decision by the Planning Commissian or City Co�ncil shall be granted wi#hin 180 days of the Resolution. If the entitlements are not granted, then within 210 days of the ResoXut�on the property owners shall remo�e 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 Resoludon No. 1205, as amended abave, declaring the condition of the property at 38 Portuguese Bend Road to be a nuisance and ordering the abaternent thereof. Councilmember Mirsch seconded the rnotion, which carried with Mayor Pro Tem Black opposed. �LD BUSINES5 None. NEW BUSINESS (continue� C�NSIDER.ATION �F THE FISCAL YEAR 2016-2017 MID-YEAR BUDGET REVIEW AND APPROVAL OF FISCAL YEAR 2016-2017 BUDGET ADNSTMENTS. Mayor Dieringer introduced the item and asked for staf�s comments. Finance Dixector 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 aze dawn $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 lea�e a budgeted deficit of $253,710 for fiscal year 2016��7. He further reviewed the proposed budget adjustments. 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 secanded the motion,which cartied withaut objection. REPORT, DISCUSSION AND DIItECTION REGARDING THE PLANNING COMMISSION'S CONSIDERATION OF MODIFICATIONS TO TI� CITY'S VIEW PRESERVATION QRDINANCE. Mayor Dieringer introduced the item and asked for staff s comments. Planning Director Schwartz reparted on the background and status of the Planning Commission's c�nsideration of amendments to the City's View Preservation Ordinance. �he noted that a correspondence was received and placed on the dais fram 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 tl�e mo�e forward with the recommendations from the ad hoc cammittee and staff is seeking direction an how the City Council wishes the Plannzng Commission to proceed. Discussion ensued concerning the options for moving forward given the fact that an initiati�e measure amending the City's View Minutes City Council Meeting 03-13-17 -4- , ... . ,.�. . . ...� �...,.�. � Preservation ordinance was submitted and placed on the ballot for the City's March 2019 election. Marcia Schoettle, 24 Eastfield Dri�� addressed the City Councii to urge the City Council to clirect the Planning Commission to cantinue its consideration of amending the City's View Preservatian Ordinar�ce as originally directed. Discussion ensued concerning whether or not the propanents of an initiative can withdraw the measure once it has been placed on the ballot. City Attomey �enkins opined that language in the Elections Code conc�rning this rnatter i� internaliy 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 af both tree owners and view seekers. Tai Chung, 11Roadrunner Road addressed the City Council to ask the status of a view impairment compIaizrt he submitted previausly. The City Cautxcil 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 originalZy directed. Councilmember Mirsch seconded the �notion, which carried with Mayor Pro Tem Black opposed. DISCUSSION AND CONSIDERATION OF CREATING CITY E-MAIL ADDRESSES FOR CITY COUNCILI`�IEMBERS AND COMMISSIONERS. Mayor Dieringer introduced the item and asked far staffls comments. City Clerk Luce stated that the California Supreme Caurt recently issued an opinion holding that communications (texts, emails, etc.) pertaining ta public business on privatelpersonal devices and private servers axe public records subject to inspection and disclosure. She stated that in order for the City to more accurately and appropriately respond to public record.� 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, Councilmernber Pieper moved that the City Council direct staff ta proceed with creating individual City e-mail addresses for City Councilmembers and Commisszoners. Councilmember Wilson seconded the motion,which carried without objection. MATTERS FROM THE CITY C�UNCIL AND MEETING ATTENDANCE REPORTS DISCUSSIQN A1vD POSSIBLE DIRECTION CONCERNIlVG PROPOSED CALIFORNIA STATE LEGISL�iTION FROM SENATOR SCOTT WIENER: SB 35 — TI� HOUSING ACCOUNTABILITY AND AFFORDABILITY ACT. Mayor Dieringer stated that this information on pending legislation that could take away local contro� is pravided 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 facifities. �t was nated that the City does not currer�tly ha�e a naming facility and brief discussion ensued concerning naming policies.No action was taken. 1VIATTERS FROM STAFF None. CLOSED SESSION None. Minutes City Council Meeting 03-13-17 -5- ADJOURNMENT Hearing no further business before the Ciry Council, Mayor Dieringer adjourned the mee#ing 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 schedulec� ta be held on Monday, March 27, 20 t 7 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road,Rolling Hills, Califomia. Respectfully submitted, Heidi Luce City Clerk Approved, ' Bea Dieringer Mayor � ; t r 3,; r Minutes City Council Meeting 03-13-17 -�-