03-25-19.pdf 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 Ha11, 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 sfngle motion. Any Councilmember may
�equest removal of any item from the Consent Calendar causing it to be considered under Cauncil
Actions.
A. Minutes— 1)Regular Meeting of March 11,2018
RECOMMENDATION: Approve as presented.
B. Payment of Bills.
RECOMMENDATION: Approve as presented.
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: COiJNCILMEMBERS: Black,Dieringer, Mirsch, Pieper and Wilson.
-�. NOES: COiTNCILMEMBERS: None.
ABSENT: COLTNCILMEMBERS: 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
-1-
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 IT_EMS
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
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 ardered 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.
Minutes
City Council Meeting
03-25-19 -2-
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 conf'irmation 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.
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 a11ow 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 Councii'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: COiTNCILMEMBERS: None.
�" ABSENT: COiJNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
Councilmember Black noted that if a prescription ordering the dog to be an emotional support dog then he
would reconsider his vote.
Minutes
City Council Meeting
03-25-19 -3-
City Attorney Jenkins noted that the action this evening is to direct staff to prepaxe 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 chaxging 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 a11 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 Ciry 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 declaxation 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.
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
Sta.te'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?
Minutes
City Council Meeting
03-25-19 -4-
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. Councilxnember 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 undertal�e the
required improvements anyway.
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 infortnation. Mayor
Pro Tem Mirsch seconded the motion, which carried without objection by a voice vote as follows:
AYES: COLJNCILMEMBERS: Black, Dieringer, Mirsch, Pieper and Wilson.
NOES: COtJNCILMEMBERS: None.
ABSENT: COLJNCILMEMBERS: None.
ABSTAIN: COiJNCILMEMBERS: None.
Minutes
City Council Meeting
03-25-19 -5-
7. OLD BUSINESS
A. CONSIDERATION AND APPROVAL OF A RESOLUTION 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.
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: COLTNCILMEMBERS: Black, Dieringer, Mirsch, Pieper and Wilson.
NOES: COLTNCILMEMBERS: 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
Sheriffl 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 Sherif�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.
Minutes
City Council Meeting
03-25-19 -6-
12. IZETURN TO OPEN SESSION
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.
Heaxing 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 Porluguese Bend Road, Rolling Hills,
California. ,�
Respectf �iy" s�timitted,
� ,�`� /
,.� / r� �
,,,�� �
" Elaine Jeng �.
City Clerk �'•�_�_,.�
Approved,
.
Patri' � ' I r /
Mayor
i �
i
1
P
1
i
i
�
,;
�
�
�
;�
x
Minutes
City Council Meeting
03-25-19 -7-
3