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City Council Agenda 09-11-2017• • MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA SEPTEMBER 11, 2017 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Black at 7:01 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Dieringer, Mirsch, Pieper, Wilson and Mayor Black. Councilmembers Absent: None. Others Present: Raymond R. Cruz, City Manager. Michael Jenkins, City Attorney. Julia Stewart, Assistant Planner. Yvette Hall, Interim City Clerk. Jim Aichele, 14 Crest Road West. OPEN AGENDA - PUBLIC COMMENT WELCOME City Manager Cruz presented a bird skeleton figurine to the City Council as a public comment on behalf of resident Dr. Sommer, 2 Poppy Trail. City Manager Cruz indicated that Dr. Sommer would like to state that the figurine represented the diagnosis of an underfed feral bird. 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 August 28, 2017. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. ORDINANCE NO. 353 — AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF SPECIFIED _FERAL BIRDS AND ANIMALS. RECOMMENDATION: Second reading, waive full reading and adopt Ordinance. Mayor Black stated that the Minutes of the Regular Meeting of August 28, 2017 would be postponed to the next City Council meeting due to several revisions requested by two Councilmembers. Hearing no objection, he so ordered. Councilmember Dieringer moved that the City Council approve the items on the consent calendar as presented, excluding Consent Item 4-A Minutes of the Regular Meeting of August 28, 2017. Councilmember Pieper seconded the motion, which carried without objection. COMMISSION ITEMS NONE. PUBLIC HEARINGS A HEARING REGARDING NUISANCE ABATEMENT AT 15 PORTUGUESE BEND ROAD (LOT 78-RH) AND CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING NONCOMPLIANCE WITH CITY COUNCIL RESOLUTION NO. 1196 TO BE A NUISANCE AND ORDERING THE ABATEMENT THEREOF. OWNERS: JUDITH AND WILLIAM HASSOLDT. RECOMMENDATION: PER THE OWNERS REQUEST, IT IS RECOMMENDED THAT THE CITY COUNCIL CONTINUE THE HEARING TO A DATE SPECIFIC. • • Mayor Black introduced the item and asked for staff's comments. City Manager Cruz stated that staff received correspondence from the property owner requesting that the public hearing be continued due to a personal matter. City Manager Cruz stated that staff is recommending that the public hearing be continued to the September 25, 2017 meeting of the City Council. Mayor Black called for public comment. Hearing none, he asked for comments from the City Council. Mayor Black commented that he would prefer to hold the public hearing now; however, he further stated that the public hearing should not be postponed again. Councilmember Pieper moved that the City Council continue the public hearing regarding a nuisance abatement at 15 Portuguese Bend Road and consideration of a Resolution of the City Council of the City of Rolling Hills Declaring Noncompliance with City Council Resolution No. 1196 to be a Nuisance and Ordering the Abatement thereof, as requested by the property owner, to a date certain of September 25, 2017. Councilmember Dieringer seconded the motion, which carried without objection. OLD BUSINESS DISCUSSION AND POSSIBLE DIRECTION TO AMEND THE CITY'S SERVICE LEVEL AGREEMENT WITH LOS ANGELES COUNTY DEPARTMENT OF ANIMAL CARE AND CONTROL BY PARTICIPATING IN THE SPAY/NEUTER TRUST FUND. Mayor Black introduced the item and asked for staff's comments. City Manager Cruz presented the staff report and indicated there was an option through its Service Level Agreement with the Los Angeles County Department of Animal Care and Control (LACDACC) to participate in the Spay/Neuter Trust Fund by electing to contribute $5.00 per altered and unaltered dog license to the Spay/Neuter Trust Fund. He stated that the Trust Fund would allow LACDACC to offer a low cost or free spay/neuter program for the City's residents who wish to have their pets spayed or neutered. City Manager Cruz further explained that the voucher program offered by LACDACC was for low-income and senior citizen residents. In response to Councilmember Mirsch's question, City Manager Cruz explained that fifteen years ago the County canvassed the City door-to-door to determine how many dogs and cats had licenses. Discussion ensued concerning the costs of the Spay/Neuter Trust Fund and the administration of the program. Mayor Black called for public comment. Jim Aichele, 14 Crest Road West, indicated his opposition to the Spay/Neuter Trust Fund program and that it was a misuse of the City's monies. He further stated his opposition to the City Council imposing a new rule on residents. In response to Mr. Aichele's comment, Mayor Black clarified the costs of the spay/neuter program. Discussion ensued concerning the future costs of the spay/neuter program. Councilmember Dieringer moved that the City Council amend the City's Service Level Agreement with the Los Angeles County Department of Animal Care and Control to participate in the Spay/Neuter Trust Fund Program and review the Service Level Agreement again prior to the possible renewal. Councilmember Mirsch seconded the motion, which carried with Councilmember Pieper opposed. NEW BUSINESS NONE. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS DISCUSSION AND POSSIBLE DIRECTION ON PROCESS FOR TAKING PLANNING COMMISSION CASES UNDER ADVISEMENT. (ORAL) Mayor Black introduced the item and asked for staff's comments. City Manager Cruz presented a summary of the staff report and indicated that the matter was requested by the City Council. Councilmember Pieper indicated that the current ordinance states that three affirmative City Councilmember votes are needed to take a Planning Commission case under advisement and that the Minutes City Council Meeting 09-11-17 -2- ordinance should not be rewritten. Mayor Pro Tem Wilson concurred with Councilmember Pieper's aforementioned comment and that the current ordinance should remain a simple majority. Discussion ensued concerning the past practices for taking Planning Commission cases under advisement. No action was taken on this matter and there were no objections expressed by the City Council. DISCUSSION AND POSSIBLE DIRECTION ON USE OF CONSTRUCTION FENCING. (ORAL) Mayor Black introduced the item and asked for staff's comments. Assistant Planner Stewart presented the staff report. She stated that the City's ordinances were silent on construction fencing; however, the policy has been that if fencing is advisable it could be included as a condition of approval under discretionary review; and this was typically done for large construction projects. Assistant Planner Stewart further stated that if a property owner requests a construction fence staff does not generally have an issue with it; however, fencing is typically required by the County for, storm water management and water efficiency to keep out small animals, eliminate the tracking of dirt and for erosion control. Mayor Black stated that he requested this item be agendized for discussion. He proposed that construction fencing be allowed by the City and that it be renewed over the counter annually to ensure there is progress with the construction in order to keep track of projects. Discussion ensued concerning current City projects with construction fencing, the length of time construction fencing is allowed to remain, simplification of the process for approval of construction fencing, and the County's requirements. Councilmember Pieper suggested that the City Council consider adding an amendment to the zoning code, the next time it is amended, that would prohibit construction fencing without obtaining a City permit. There were no objections. Councilmember Dieringer requested a report on the City's storm water management expenses. Mayor Black requested that staff contact Consultant Kathleen McGowan to determine when Ms. McGowan could return to the City Council to make a presentation. MATTERS FROM STAFF NONE. CLOSED SESSION NONE. ADJOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 7:36 p.m. in memory of the victims of the September 11, 2001 attack. The next regular meeting of the City Council is scheduled to be held on Monday, September 25, 2017 at 7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Yves e Hall Interim City Clerk Approved, vv � James Black, Mayor Minutes [,ite ('.rnmcil Meetino 09-11-17 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 8th day of September, 2017, I serve the within City Council Meeting 09/11/2017 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 DropBox Interested RH Web site listSery Parties Interested parties 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 in DropBox. I declare under penalty of perjury, that the foregoing is true and correct. Executed on the 8th day of September, 2017 at Rolling Hills, California. Ewa Nikodem Administrative Assistant 09/11/17 CC Notification List Z.C. NAME 4C -please email agenda o A Dana Chelf A Bob & Marcia Gold A Nina Ritter A Judy Mishkin A Clint Patterson A Jill Smith A Malcolm & Wayne Sharp A Carla Routt A Michelle Mottola A Jack Thourot A Debi Fournier A A;. A+SR A+SR A+SR A A email: Address nly. BCC residents below August Rihaczek Dale Stucker LA County Animal Care and LA County Marissa LA County Whitney .. Janet Leach Gary Johnson A All Flying Mane Road danachelf@gmail.com marcia@marciagold.com ninaxitter4@verizon.net judithmishkin@schlossbros.com clint.patterson@gmail.com jvhs@me.com pvsharp@cox.net LBMPtopper@aol.com osomellowbug@yahoo.com JT@acdbug.com Debi4nier@aol.com rihaczek@cox.net ibodaleo@yahoo.com mmayeda@animalcare.lacounty.gov MPadilla@animalcare.lacounty.gove WDuong@animalcare.lacounty.gov mailed mailed mailed 7-A - Please email agenda + staff report 7A A + SR LA County Animal Care and mmayeda@animalcare.lacounty.gov A + SR LA County Marissa MPadilla@animalcare.lacounty.gove A +' SR LA County Whitney WDuong@animalcare.lacounty.gov SR '+ A = staff report and agenda City Public:2017 CITY COUNCIL AGENDAS:09-11-17 City Council Agenda:Notification List.xlsx tee't Raaeif qee4 INCORPORATED JANUARY 24, 1957 AGENDA REGULAR MEETING NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS MONDAY, SEPTEMBER 11, 2017 7:00 P.M. Next Resolution No. 1216 1. CALL TO ORDER 2. ROLL CALL 3. OPEN AGENDA - PUBLIC COMMENT WELCOME Next Ordinance No. 354 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 August 28, 2017. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. ORDINANCE NO. 353 — AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF SPECIFIED FERAL BIRDS AND ANIMALS. RECOMMENDATION: Second reading, waive full reading and adopt Ordinance. 5. COMMISSION ITEMS NONE. Page 1 of 3 6. PUBLIC HEARINGS A. A HEARING REGARDING NUISANCE ABATEMENT AT 15 PORTUGUESE BEND ROAD (LOT 78-RH) AND CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING NONCOMPLIANCE WITH CITY COUNCIL RESOLUTION NO. 1196 TO BE A NUISANCE AND ORDERING THE ABATEMENT THEREOF. OWNERS: JUDITH AND WILLIAM HASSOLDT. RECOMMENDATION: PER THE OWNERS REQUEST, IT IS RECOMMENDED THAT THE CITY COUNCIL CONTINUE THE HEARING TO A DATE SPECIFIC. 7. OLD BUSINESS A. DISCUSSION AND POSSIBLE DIRECTION TO AMEND THE CITY'S SERVICE LEVEL AGREEMENT WITH LOS ANGELES COUNTY DEPARTMENT OF ANIMAL CARE AND CONTROL BY PARTICIPATING IN THE SPAY/NEUTER TRUST FUND. 8. NEW BUSINESS NONE. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS A. DISCUSSION AND POSSIBLE DIRECTION ON PROCESS FOR TAKING PLANNING COMMISSION CASES UNDER ADVISEMENT. (ORAL) B. DISCUSSION AND POSSIBLE DIRECTION ON USE OF CONSTRUCTION FENCING. (ORAL) 10. MATTERS FROM STAFF NONE. 11. CLOSED SESSION NONE. 12. ADJOURNMENT Next meeting: Monday, September 25, 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 City Council Agenda 09/11/17 Page 2 of 3 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 09/11/17 Page 3 of DRAFT Agenda Item No. 4-A Meeting Date: 09/11/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, AUGUST 28, 2017 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Black at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Dieringer, Mirsch, Pieper, Wilson and Mayor Black. Councilmembers Absent: None. Others Present: Raymond R. Cruz, City Manager. Michael Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Julia Stewart, Assistant Planner. Yvette Hall, Interim City Clerk. Marcia Gold, 9 Flying Mane Road Kathy Nichols, 14 Crest Road West Jim Aichele, 14 Crest Road West 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 August 14, 2017. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Republic Services Recycling Tonnage Report for July 2017 RECOMMENDATION: Approve as presented. Interim City Clerk Hall informed the City Council that Councilmember Dieringer requested two corrections to the minutes of August 14, 2017 as follows: Page 8, Item 2 of the Update on the Palos Verdes Peninsula Regional Law Enforcement Committee Meeting held on August 10, 2017 (Oral) - Add "However, Captain Beringer stated he would forward a copy of the report now." and delete the word "reporting" and replace with "investigating." Following brief discussion, Councilmember Pieper moved that the City Council approve the items on the consent calendar as presented with two corrections to the minutes. Mayor Pro Tem Wilson seconded the motion, which carried without objection. COMMISSION ITEMS RESOLUTION NO. 2017-12. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW RESIDENCE WITH GARAGE, AND ACCESSORY AMENITIES; A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE AND VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE THAN PREVIOUSLY APPROVED FOR THE LOT, FOR HIGHER THAN 5' PRIVACY WALL AND TO LOCATE PORTION OF THE POOL AND COVERED PATIO IN THE FRONT YARD OF THE PROPERTY IN ZONING CASE NO. 922 AT 0 POPPY TRAIL, (LOT 90-BA-RH), (SERPA). A MITIGATED NEGATIVE DECLARATION (MND) FOR THE PREVIOUSLY APPROVED PROJECT WAS ADOPTED ON OCTOBER 5, 2010 AND AMENDED ON FEBRUARY 11, 2011. AN ADDENDUM TO THE MND REFLECTING THE CURENTLY PROPOSED MODIFICATION TO DISTURBANCE OF THE LOT HAS BEEN PREPARED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REQUIREMENTS. Mayor Black introduced the item and asked for staff's comments. Planning Director Schwartz presented the staff report stating that the project was for redevelopment on a property that resulted as a subdivision following the landslide of 2005. She provided a brief overview of the project. Planning Director Schwartz stated that there was a landslide in the area of Poppy Trail off of Portuguese Bend Road in 2005 that was remediated between 2010 and 2012 and included many environmental issues that were studied. She indicated several variances were granted as a result of several lot line adjustments and zoning changes and as a result, two lots were created which are now 0 Poppy Trail and 1 Poppy Trail. She stated the property was remediated by the Joint Insurance Powers Authority who acquired the lot. Planning Director Schwartz reviewed the past property approvals and environmental review for lot disturbance. She stated that staff prepared an amended Mitigated Negative Declaration due to a reporting percentage error and provided the amended Mitigated Negative Declaration to the City Council and the public. In response to Mayor Pro Tem Wilson's and Councilmember Mirsch's questions, Planning Director Schwartz stated that the amended Mitigated Negative Declaration addresses both lots; she explained that the front yard setback was between the road and the house and that anything in front of the leading edge of the house is considered the front yard and, therefore, no construction could be done in that area without a variance; she explained the portion of the lot that includes access to the Hesses's Gap riding ring was an Minutes City Council Meeting 08-28-17 ecologically sensitive area; Planning Director Schwartz stated that the word "his" on page two of the staff report would be corrected; and she confirmed that the grading was only for the subject building pad. Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No. 2017-12 granting approval of the applicant's request in Zoning Case No. 922 at 0 Poppy Trail. Mayor Pro Tem Wilson seconded the motion, which carried without objection. RESOLUTION NO. 2017-13. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A SITE PLAN REVIEW FOR CONSTRUCTION OF FOUR RESIDENTIAL ADDITIONS TOTALING 917 SQUARE FEET, A 200 SQUARE FOOT TRELLIS, TWO TERRACES, AND ANY RELATED IMPROVEMENTS IN ZONING CASE NO. 924 AT 7 PORTUGUESE BEND ROAD, LOT 41- RH, (MARTIN). CEQA CATEGORICALLY EXEMPT UNDER CLASS 1, SECTION 15301 Councilmember Pieper recused himself from consideration of this case due to the proximity of his property to the subject property and left the dais. Mayor Pro Tem Wilson recused himself from consideration of this case due to a business relationship he has with the applicant. Mayor Black introduced the item and asked for staff's comments. Assistant Planner Stewart presented the staff report and indicated that the applicant is requesting a Site Plan Review for residential additions and remodeling of the existing residence and garage, increasing the square footage of the living area by 917 square feet. She indicated that also proposed are front and back terraces. Assistant Planner Stewart stated that the property was designated for restricted development and that the applicant has requested that the restricted development designation on the property be removed. In response to Councilmember Dieringer's questions, Assistant Planner Stewart stated that the Resolution No. 2017-13 would be modified by naming the City Council as the governing body and clarified that there is no standardized criteria for a restricted development designation. Councilmember Mirsch moved that the City Council receive and file Planning Commission Resolution No. 2017-13 granting approval of the applicant's request in Zoning Case No. 924 at 7 Portuguese Bend Road as amended. Councilmember Dieringer seconded the motion, which carried without objection. Mayor Pro Tem Wilson returned to the dais. Councilmember Pieper remained outside of the City Council Chamber due to his recusal for the next agenda matter, Item 5-C. RESOLUTION NO. 2017-14. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A CONDITION USE PERMIT FOR CONSTRUCTION OF A 779 SQUARE FOOT STABLE, AND 3,290 SQUARE FOOT CORRAL IN ZONING CASE NO. 926 AT 6 MEADOWLARK LANE, LOT 20-RH, (DUNLAP). CEQA CATEGORICALLY EXEMPT UNDER CLASS 3, SECTION 15303. Councilmember Pieper recused himself from consideration of this case due to the proximity of his property to the subject property and left the dais. Mayor Pro Tem Wilson returned to the dais. Mayor Black introduced the item and asked for staff's comments. Assistant Planner Stewart presented a Minutes City Council Meeting 08-28-17 summary of the staff report and indicated that the applicant was proposing to construct a new stable and corral. In response to Councilmember Dieringer's questions, Assistant Planner Stewart clarified that the stable access must be permeable directly adjacent to the stable to allow space between the paved roughened existing access and the portion of the corral that the horses walk through before they enter the stable, and that there was no second driveway. Mayor Pro Tem Wilson moved that the City Council receive and file Planning Commission Resolution No. 2017-14 granting approval of the applicant's request in Zoning Case No. 926 at 6 Meadowlark Lane as amended. Councilmember Mirsch seconded the motion, which carried without objection. Councilmember Pieper returned to the dais. PUBLIC HEARINGS NONE. OLD BUSINESS , NONE. NEW BUSINESS WAIVE FULL READING AND INTRODUCE ON FIRST READING ORDINANCE NO. 353 — AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF FERAL BIRDS AND ANIMALS. Mayor Black introduced the item and stated that he requested that the City Attorney and City Manager revise the proposed ordinance to exclude feral cats. City Manager Cruz stated that the revised ordinance from the City Attorney was provided to the City Council and the public. City Manager Cruz also indicated that Councilmember Dieringer drafted a revised version of the proposed ordinance that was provided to the City Council and the public. City Attorney Jenkins reviewed the revised versions of the ordinances. He indicated that the City Attorney's version identitifed those animals that are prohibited from feeding by creating a classification and exlcuded cats from the prohibition. Discussion ensued among the City Council and City Attorney regarding the revised versions of the ordinances, including Councilmember Dieringer's version. By consensus, the City Council indicated that the City Attorney's revised version of the ordinance would be considered. Mayor Black called for public comment. Marcia Gold, 9 Flying Mane Road, commented on the defmitions of feral versus nondomesticated animals. She indicated she was not in support of feeding peafowl. Minutes City Council Meeting 08-28-17 Kathy Nichols, 14 Crest Road West,commented that she has concerns with the way birds are described in the proposed ordinance. She stated she does not mind crows and has been feeding birds for 29 years. Ms. Nichols stated she has had rare birds on her property studied by major universities and organizations. She expressed concern that other animals, such as horses and dogs, are more of a public safety hazard than birds. Jim Aichele, 14 Crest Road West, expressed concern over the feeding of birds on the ground and that this should not be prohibited. Mr. Aichele stated he is not for or against prohibiting peafowl and that a prohibition against horses should be considered. Following discussion, Councilmember Mirsch moved that the City Council introduce Ordinance No. 353, as amended in the City Attorney's version, for first reading, waive full reading and schedule the second reading and adoption for the next regular meeting of the City Council. Councilmember Pieper seconded the motion, which carried without objection. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS Taken out of order — see below. Mayor Black requested that Item 10-A be taken out of order and discussed at this juncture. Hearing no objection, Mayor Black so ordered. MATTERS FROM STAFF DISCUSSION AND POSSIBLE DIRECTION CONCERNING THE CITY OF ROLLING HILLS PARTICIPATING IN A COMMUNITY CHOICE AGGREGATION (CCA) PROGRAM TO PROVIDE RESIDENTS FUTURE ENERGY OPTIONS. Mayor Black introduced the item and asked for staff's comments. Assistant Planner Stewart presented a brief summary of the staff report and introduced Matt Skolnik from the Los Angeles Community Choice Energy (LACCE) program. Mr. Skolnik presented a summary of the LACCE program and explained the defmition of a Community Choice Aggregation (CCA), which is a hybrid approach to utility operations and has the ability to lower energy rates for residents. He discussed the history, timeline, benefits of the program, costs to join a CCA program, various renewable tier levels, and the number of representatives that each city is allowed to appoint to the Board of Directors and joining the Joint Power Authority (JPA). Discussion ensued among the City Council and Mr. Skolnik regarding the $10 million loan approved by the Los Angeles County Board of Supervisors, options for residents to opt out, voting rights of the Board of Directors, exit fees, energy rates, the qualifications of the Interim Executive Director of the JPA, timeframe to join the JPA, Power Charge Indifference Adjustment being evaluated by California Public Utilities Commission (CPUC), duplication of efforts by the utility companies, and management by the County of Los Angeles. Following discussion, the City Council directed staff to provide additional information on the CCA Program, including liabilities, energy rates from Marin County and the City of Culver City's business plan Minutes City Council Meeting 08-28-17 analysis. No action was taken. Councilmember Dieringer provided the City Council with a copy of the press release from the CPUC on the topic of "CPUC to Consider Equitability of Charges Community Choice Customers Pay." QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING JUNE 30, 2017. Mayor Black introduced the item and asked for staff's comments. Finance Director Shea provided a summary of the staff report. Finance Director Shea compared the third quarter of investments for FY 2016/17 to the fourth quarter of investments for FY 2016/17, discussed the CALPERS earnings and the purchase of a new CD which received 1.75 percent interest rate. Councilmember Mirsch moved that the City Council receive and file the investment report as presented. Councilmember Dieringer seconded the motion, which carried without objection. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS Councilmember Mirsch asked that staff agendize the process for taking Planning Commission cases under advisement and then withdrew her request. Mayor Black asked that staff agendize the process for taking Planning Commission cases under advisement (oral) at a future City Council meeting. City Manager Cruz indicated that the matter would be agendized at a future City Council meeting. Mayor Black asked that staff agendize a discussion on the use of construction fencing (oral) at a future City Council meeting. City Manager Cruz stated that the matter would be agendized at a future City Council meeting. CLOSED SESSION NONE. ADJOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 9:09 p.m. in memory of long time resident Dorothy Lacy. The next regular meeting of the City Council is scheduled to be held on Monday, September 11, 2017 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Yvette Hall Interim City Clerk Minutes City Council Meeting 08-28-17 Approved, James Black, M.D. Mayor Minutes City Council Meeting 08-28-17 CHECK CHECK NO. DATE C1ty ofielP.,.s Agenda Item No: 4-B Mtg. Date: 09/11/17 INCORPORATED JANUARY 24, 1957 PAYEE * EFT 09/01/2017 CALPERS 24988 09/11/2017 CALIFORNIA WATER SERVICE CO. 24989 09/11/2017 CALIFORNIA WATER SERVICE CO. 24990 09/11/2017 CIVICPLUS 24991 09/11/2017 COUNTY OF LOS ANGELES 24992 09/11/2017 COX COMMUNICATIONS 24993 09/11/2017 EXECUTIVE -SUITE SERVICES, INC. 24994 09/11/2017 FOUNTAINHEAD CONSULTING INC. 24995 09/11/2017 GOVT STAFFING SERVICES INC 24996 09/11/2017 MCGOWAN CONSULTING 24997 09/11/2017 MIKE MAXCY 24998 09/11/2017 ROLLING HILLS COMMUNITY ASSN. 24999 9/11/2017 VOIDED 25000 09/11/2017 SIGNAL HILL 25001 09/11/2017 SOUTHERN CALIFORNIA EDISON 25002 09/11/2017 USCM • 25003 09/11/2017 VANTAGEPOINT TRANSFER AGENTS - 25004 09/11/2017 WILLDAN INC. 25005 09/11/2017 WILLDAN INC. * PR LINK 9/1/2017 PR LINK - PAYROLL PROCESSING * PR LINK 9/1/2017 PR LINK - PAYROLL 18 & PR TAXES NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 09/11/2017 - CHECK RUN DESCRIPTION RETIREMENT AUGUST 2017 WATER SERVICE 7/27/17-8/24/17 WATER SERVICE 7/27/17-8/24/17 CITY WEBSITE QTRLY MAINTENANCE COYOTE CONTROL JULY 2017 PHONE/INTERNET 8/26/17-9/25/17 JANITORIAL SERVICES AUG 2017 IT CONSULTING SEPT 2017 STAFFING SERVICES WEEK ENDING 8/20/17 STORM WATER MANAGEMENT JULY 2017 PEAFOWL TRAPPING AUGUST 2017 FENCE REPAIRS AT CITY HALL JUNE 2017 PRINTING ERROR STORM WATER. MGMT MONITORING & REPORTING FY 17/18 ET.FCTRICITY, 7/25/17-8/23/17 DEFERRED COMP 09/01/17 DEFERRED COMP 9/01/17 TRAFFIC ENGINEER JULY 2017 PLAN CHECK AND INSPECTION SERVICES JULY 2017 PROCESSING FEE PAY PERIOD - AUGUST 16, 2017 THROUGH AUGUST 29, 2017 I, Raymond R 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 $53,085.18 or the payment of above items. Raymond RLruz, City Manager * Previously Disbursed AMOUNT 5,518.48 547.48 527.82 1,416.97 1,990.17 419.36 392.00 516.00 4,965.00 1,315.00 1,800.00 450.37 13,327.17 1,942.22 1,402.00 182.00 697.50 165.00 47.45 15,463.19 $ 53,085.18 37,574.54 0 :-i Printed on Recycled Paper ger, eV Ralaw9 gee6 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 4-C Mtg. Date: 09/11/17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: RAYMOND R. CRUZ, CITY MANAGER "11--e/ SUBJECT: ORDINANCE NO. 353 - AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF SPECIFIED FERAL BIRDS AND ANIMALS. DATE: SEPTEMBER 11, 2017 ATTACHMENTS: Proposed Ordinance No. 353 RECOMMENDATION Staff recommends that the City Council waive full reading and adopt the following: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF FERAL BIRDS AND ANIMALS. BACKGROUND At the August 28, 2017 meeting, the City Council introduced the attached ordinance and held a public hearing. Following discussion, the City Council directed staff to bring the ordinance back for a second reading and adoption. During the deliberations concerning peafowl trapping at two recent City Council meetings, it was found that there are residents who are feeding feral peafowl that is compounding the spike in the peafowl population. Residents spoke about this concern and believed there is a need to have an ordinance within Rolling Hills' Municipal Code to prohibit this practice. Through staff's research, it was found that the City of Rolling Hills has no ordinance to prohibit the feeding of peafowl. However, there is a State law that prohibits the harassment of animals that includes the feeding of nongame birds. But since peafowl are not classified as "wildlife" by the State Department of Fish and Wildlife, the law does not apply because they are considered "feral". When it comes to other cities' regulations, both the cities of Rancho Palos Verdes (RPV) and Rolling Hills Estates (RHE) have adopted Title 10 from the County of Los Angeles Code that prohibits providing food to certain animals that includes peafowl. Therefore, at the August 14, 2017 meeting, the City Council requested that staff develop a similar ordinance and bring it forward for its consideration at its next meeting. DISCUSSION The feeding of specified feral birds and animals results in an increase in their numbers and a concomitant increase in the deposit of fecal matter on property detrimental to public health and hygiene. Feeding feral animals also attracts rodents and insects that constitute a public nuisance. Fecal matter generated by the feeding of feral birds and animals is being washed into storm drains, causing an increase in bacteria and virus levels in storm water runoff, eventually making its way to the Pacific Ocean and degrading water quality. In the interest of protecting and promoting the public health, safety, and general welfare, the City Council desires to prohibit the feeding of specified feral birds and animals. Therefore, it is unlawful for any person to feed or offer food to only the following feral birds and animals at any place in the city: peafowl, crows, pigeons, seagulls, coyotes, squirrels, opossums, skunks, raccoons and non -domesticated rodents. NOTIFICATION Rolling Hills Community Association, Flying Mane Road residents and other residents that addressed the City Council on this issue previously. RC:yh FERAL ANIMAL FEEDING ORDINANCE(2nd Read) staffreport[1][1].docx ORDINANCE NO. 353 AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF SPECIFIED FERAL BIRDS AND ANIMALS The City Council of the City of Rolling Hills does ordain as follows: Section 1. Findings. The feeding of specified feral birds and animals results in an increase in their numbers and a concomitant increase in noise, danger to domesticated pets and the deposit of fecal matter o n property detrimental to public health and hygiene. Feeding specified feral animals also attracts rodents, possums and insects that constitute a public nuisance. Fecal matter generated by the feeding of specified feral birds and animals is being washed into storm drains, causing an increase in bacteria and virus levels in storm water runoff, eventually making its way to the Pacific Ocean and degrading water quality. In the interest of protecting and promoting the public health, safety, and general welfare, the City Council desires to prohibit the feeding of specified feral birds and animals. Section 2. A new Chapter 6.64 is hereby added to Title 6 (Animals) of the Rolling Hills Municipal Code to read as follows. Chapter 6.64 FEEDING OF SPECIFIED FERAL BIRDS AND ANIMALS Sections: Section 6.64.010. Feeding of Specified Feral Birds and Animals Prohibited. Except as provided below, it is unlawful for any person to feed or offer food to peafowl, crows, pigeons, seagulls, coyotes, squirrels, opossums, skunks, raccoons and nondomesticated rodents at any place in the city. For purposes of this section, "feeding" and "offering food" includes but is not limited to placing, scattering, exposing, leaving outdoors, or distributing any food, seed or other edible material in a manner that is intended to attract, entice or be available and accessible to feral birds or animals. Nothing in this section shall be deemed to prohibit: A. Above -ground bird feeders. B. Keeping, treating or feeding wildlife pursuant to a valid certificate or permit issued by the State of California or an agency of the United States government. C. Feeding of a feral bird or animal specified above between the time animal control is notified and the time the animal or bird is picked up. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 1 lth day of September, 2017. JAMES BLACK MAYOR ATTEST: YVE 1"1E HALL INTERIM CITY CLERK 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Ordinance No. 353 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF SPECIFIED FERAL BIRDS AND ANIMALS was approved and adopted at a regular meeting of the City Council on , 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. YVETTE HALL INTERIM CITY CLERK 3 ,raf&-tf gal INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 7-A Mtg. Date: 09/11/17 TO: HONORABLE MAYOR AND MEMBERS /� E CITY COUNCIL FROM: RAYMOND R. CRUZ, CITY MANAGER SUBJECT: DISCUSSION AND POSSIBLE DIRECTION TO AMEND THE CITY'S SERVICE LEVEL AGREEMENT WITH THE LOS ANGELES COUNTY DEPARTMENT OF ANIMAL CARE AND CONTROL BY PARTICIPATING IN THE SPAY/NEUTER TRUST FUND. DATE: SEPTEMBER 11, 2017 ATTACHMENTS: -Amended portion of the Service Level Request -Spay/Neuter Pricing Schedule BACKGROUND At its August 14, 2017 meeting, the City Council approved the FY 2017-18 Service Level Agreement with the Los Angeles County Department of Animal Care and Control (LACDACC). During the discussion of that agenda item, there was interest from the City Councilmembers to elect to contribute to the Spay/Neuter Trust Fund. However, there were a number of questions about the Fund that staff could not answer to make that decision. Therefore, staff was directed to contact the County to receive more details about the Fund so it can make an informed decision about possibly amending its agreement with LACDACC and participate in the Fund. DISCUSSION Staff found out that the City has an option through its Service Level Agreement with the LACDACC to elect to contribute $5.00 per altered and unaltered dog license to the Spay/Neuter Trust Fund. The Trust Fund will allow LACDACC to offer a low cost or free spay/neuter program for the City's residents who wish to have their pets spayed or neutered. For FY 17/18, the LACDACC currently has retained a private contractor that is providing mobile clinics for spay/neuter services in various locations throughout the (-13- County. This service is currently being covered by the LACDACC at no cost to any individual city that has established a Trust Fund until the end of the Fiscal Year. For FY 18/19, LACDACC will monitor each city's Trust Fund to verify the amount it has in its balance and communicate this information to the contractor and each participating city. The contractor will then provide an estimate for any procedure that a resident is seeking for its pet before they book an appointment for a surgery. Attached is the present pricing information for these surgeries (each city's Trust Fund matches the contractor's contribution by 50%). Therefore, if the city's Trust Fund has been exhausted, the contractor will not make a surgery appointment for city residents until the Trust Fund is properly funded. However, if Rolling Hills chooses to participate in the program now, it will allow funds to accumulate over the next ten months that will hopefully provide a Trust Fund balance cushion to allow residents to start utilizing the services on its own starting July 1, 2018. The Spay/Neuter Trust Fund also qualifies residents for the County's voucher program, but only applies to low-income and senior citizen residents. This program has already been established and works with identified private veterinarians to provide a discount on the surgeries. The voucher is a $50 discount off the participating veterinarians regular costs for these surgeries. NOTIFICATION Marcia Mayeda, Whitney Duong and Marissa Padilla of the Los Angeles County Department of Animal Care and Control. RC:yh AMENDING SERVICE AGREEMENT staffreport.docx Spay/Neuter Trust Fund: The City may elect to contribute $5.00 per altered and unaltered dog licenses to the Spay/Neuter Trust Fund. The Spay/Neuter Trust Fund will allow the Department to offer a low cost and/or free spay/neuter program for the City's residents who wish to have their pets spayed or neutered. Once residents are qualified, Department staff will work with animal care center veterinary clinics and mobile veterinary clinics to assist qualified residents in obtaining spay/neuter services in an area near them. Indicate preference by checking one of the following boxes: X Participate in the Spay/Neuter Trust Fund No participation in the Spay/Neuter Trust Fund Part Five: Animal Regulations/Enforcement (required for ALL services provided by the Department) The City hereby agrees to the enforcement of Los Angeles County Code Title 10 as indicated below. The County will notify the City if it is agreed to enforce exception(s). Check one of the following boxes regarding Title 10 Enforcement: City agrees to the enforcement of Title 10 with no exceptions x The County will provide services in accordance with the provisions of Title 10, Animals of the Los Angeles County Code, and all amendments thereto, City agrees to the enforcement of Title 10 with the following exception(s): (please mark all that apply) Mandatory spay and neutering of o dogs o cats Mandatory Microchipping of o dogs o cats a Animal license fee (Part 4: Standard Licensing Services) o Numbers of dogs and cats allowed per household O Cat License voluntary ❑ Facility Animal License )] Excessive Animal Noise Complaints City of Rolling Hills Page 8 of 10 EXHIBIT B PRICING SCHEDULE The County will reimburse the Contractor for fifty percent (50%) of the maximum fee for spay/neuter surgeries based on table below. Low-cost vaccination services will be provided by the Contractor at a price to be determined by said Contractor. The County will not reimburse or collect any portion of the vaccination costs or revenues. Dogs Maximum Fee Spay/Neuter $110.00 Pain medication(s) $3.00 E -collar $4.00 Total $117.00 Cats Maximum Fee Spay/Neuter $69.00 Pain medication(s) $5.00 Total $74.00 Special Surgeries* Maximum Fee Dog Spay/Neuter $160.00 Cat Spay/Neuter $99.00 Not all the fees stated above will be applicable for all sterilization surgeries. Fees shall be effective for the term of the Contract. *Special surgery fees are for more invasive spay/neuter surgeries on animals that are pregnant, in estrus, or cryptorchid. Medical records shall be provided in order to charge Special Surgery Fees. Mobile Spay and Neuter Clinic and Vaccination Services