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10-22-2018 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS,CALIFORNIA MONDAY,OCTOBER 22,2018 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, and Mayor Wilson. Councilmembers Absent: Pieper (Excused absence for Open Session and attended Closed Session pursuant to Government Code Section 54953(b) via teleconferencing from: Fairfield Inn & Suites Elkhart, 3501 Plaza Court, Room #202, Elkhart, Indiana 46514. This teleconference location was accessible to the public and open to the public for attendance at this meeting). Others Present: Elaine Jeng,P.E., City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director Yvette Hall, City Clerk. Richard Colyear, 9 Johns Canyon Road. Lynn Gill, 31 Chuckwagon Road. Terry Shea,Finance Director. 3. OPEN AGENDA-PUBLIC COMMENT WELCOME None. 4. CONSENT CALENDAR Matters which may be acted upon by the City Council in a sfngde motion. Any Councidmember may request removal of any item from the Consent Calendar causing it to be considered und�r Council Actions. A. Minutes — 1) Regular Meeting of October S, 2018 and 2) Regular Meeting of January 8, 2018. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMIVV��NllATION: Approve as presented. C. Republic Services Recycling Tonnage Report for September 2018. RECOMMENDATION: Receive and file. D. Financial Statement for the Month of September 2018. RECOMMENDATION: Approve as presented. Councilmember Black moved that the City Council approve the items on the consent calendar as presented. Councilmember Dieringer seconded the motion, which carried without objection as follows: AYES: COITNCILMEMBERS: Black,Dieringer, Mirsch and Wilson. NOES: COiTNCILMEMBERS: None. . ABSENT: COUNCILMEMBERS: Pieper. ABSTAIN: COIJNCILMEMBERS: None. 5. COMMISSION ITEMS None. -1- 6. PUBLIC HEARINGS None. 7. OLD BUSINESS None. 8. NEW BUSINESS A. CONSIDERATION OF RESOLUTIONS PERTAINING TO A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF ROLLING HILLS ON TUESDAY, MARCH 5, 2019: (1) RESOLUTION NO. 1229: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2019, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE QUALIFIED VOTERS A PROPOSED ORDINANCE REPLACING THE CITY'S VIEW PRESERVATION ORDINANCE TO CHANGE THE CITY'S ROLE IN RESOLVING VIEW COMPLAINTS BY LIMITING THE CITY TO RENDERING NONBINDING RECOMMENDATIONS, ENCOURAGING PRIVATE MEDIATION OR ARBITRATION, AND CREATING A RIGHT FOR PRIVATE LAWSUITS WHERE VIEW COMPLAINTS ARE NOT VOLUNTARILY RESOLVED. (2) RESOLUTION NO. 1230: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, REQUESTING THE B�ARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO DIRECT THE REGISTRAR-RECORDER/COUNTY CLERK TO PROVIDE FULL ELECTI4N SERVICES FOR THE CITY OF ROLLING HILLS' GENERAL MUNICIPAL ELECTION TO BE HELD ON MARCH 5, 2019. (3) RESOLUTION NO. 1231: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY,MARCH 5, 2019. (4) RESOLUTION NO. 1232: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. 5) RESOLUTION NO. 1233: A RESOLUTION OF THE CITY COiJNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR MEASURES SUBMITTED FOR THE CITY OF ROLLING HILLS GENERAL MUNICIPAL ELECTION ON MARCH 5, 2019. Mayor Wilson introduced the item and asked for the staff report. City Manager Jeng indicated that amended election resolutions were provided to the City Council which exclude the placement of the proposed view preservation measure on the March 5, 2019 General Municipal Election ballot at this time. City Manager Jeng recommended that the City Council postpone consideration of the proposed view preservation measure to the November 26, 2018 City Council meeting as additional time is needed to prepare the ballot question. City Clerk Hall presented a summary of the resolutions for consideration as follows: Resolution Number 1229 — Calls for the holding of the election on March 5, 2019 to elect three City Councilmembers; Resolution Number 1230 — Requests that the Los Angeles County Board of Supervisors direct the Registrar-Recorder/County Clerk of the County of Los Angeles to provide full election services for a stand alone General Municipal Election to be held on March 5, 2019; and Resolution Number 1231 — Establishment of the rules and regulations for candidate statements to be submitted to the voters. City Attorney Jenkins recommended that the City Council postpone the placement of the proposed view preservation measure on the ballot as he would like additional time to research the ballot question that will Minutes City Council Meeting 10-22-18 -2- be placed on the ballot. He indicated that the law only allows 75 words to be used for the ballot question and that it has to be a fair and impartial ballot question. City Attorney Jenkins stated that the proposed view preservation measure is complicated due to the history, sequence of events and timing of how it came about at the same time when the City Council was drafting an amended view preservation ordinance. He explained that the view preservation measure that is proposed for the Maxch 5, 2019 ballot was based on a previous view preservation ordinance that no longer exists. He stated that the proposed view preservation measure will be compared to what is in place today. City Attorney Jenkins stated that based on these reasons, he would like to request additional time to review the differences between the current ordinance in place and the proposed measure. Mayor Wilson called for public comment. Richard Colyear, 9 Johns Canyon Road, commented on the history of the view preservation petition that he filed in 2017 and the view preservation ordinance that is currently in place. Mr. Colyear inquired if there was a way to legally withdraw the ballot measure petition. Mr. Colyear stated that the proponents of the proposed view preservation ballot measure would like to withdraw it from the ballot if possible. Lynn Gill, 31 Chuckwagon Road, commented that the Planning Comrnission and the ad hoc committee members came up with a satisfactory view preservation ordinance last year. Mr. Gill commented that the ordinance that is in place now is sufficient. Mr. Gill further stated that there is no need to take the proposed view preservation ballot measure any further. Hearing no further public comments,Mayor Wilson closed public comments. City Attorney Jenkins discussed the new law that allows the �vithdrawal of a ballot measure. He advised the City Council that he could research this law and include the information in his report if the City Council directed him to do so. Councilmember Black stated that he does not support the removal of the view preservation ballot measure from the ballot. Mayor Pro Tem Mirsch stated that she supports directing the City Attorney to research the possibility of � removing the proposed ballot measure from the ballot. She inquired if there is a legal way to remove the measure from the ballot and, if there is not, can a communication be distributed to the voters informing them that the proponents have withdrawn the measure. In response to Mayor Pro Tem Mirsch's question, City Attorney Jenkins advised that there are ways to communicate that the proponents have withdrawn the ballot measure if it is found that the measure cannot be taken off the ballot. City P�ttorney Jenkins stated that a statement may be able to be placed in the impartial analysis. Mayor Wilson stated that he would like the City Attorney to thoroughly research the legality of removing the measure from the ballot. Councilmember Dieringer stated that if the proponents are willing to withdraw the measure and if there is a legal way to remove it from the ballot, the City Council should take that action. She stated that it would be prudent for the City to save the additional election costs and time involved with placing the measure on the ballot. Councilmember Dieringer recommended that the City Attorney provide an opinion as soon as possible to the City Council. Discussion followed regarding the possibility of withdrawing the view preservation measure from the ballot and filing deadlines for the ballot measure arguments and impartial analysis. Mayor Pro Tem Mirsch moved that the City Council adopt amended Resolution Numbers 1229, 1230 and 1231 calling for the March 5, 2019 General Municipal Election, requesting the services of the Los Angeles County Registrar-Recorder/County Clerk, and setting regulations for candidates staternents, respectively; and not to adopt Resolution Numbers 1232 and 1233, setting priorities for filing written arguments regarding a City measure and providing for the filing of rebuttal arguments for a City measure, respectively. Councilmember Black seconded the motion. Mayor Wilson called for a roll call vote. The motion passed by the following roll call vote: Minutes City Council Meeting 10-22-18 -3- � AYES: COUNCILMEMBERS: Black,Dieringer, Mirsch and Wilson. NOES: COLTNCILMEMBERS: None. ABSENT: COLJNCILMEMBERS: Pieper. ABSTAIN: COUNCILMEMBERS: None. Councilmember Dieringer moved that the City Council direct the City Attorney to research the possibility of withdrawing the proposed view preservation ballot measure from the March 5, 2019 General Municipal Election ballot. Mayor Pro Tem Mirsch seconded the motion. The motion passed by the following roll call vote: AYES: COLJNCILMEMBERS: Dieringer,Mirsch and Wilson. NOES: COUNCILMEMBERS: Black. ABSENT: COUNCILMEMBERS: Pieper. ABSTAIN: COLJNCILMEMBERS: None. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS Mayor Wilson commented on the various types of minutes that other entities prepare. Discussion ensued concerning summary minutes versus action minutes. Mayor Pro Tem Mirsch and Councilmember Dieringer expressed support for keeping detailed minutes versus action minutes. City Attorney Jenkins indicated that cities that have more advanced recording systems tend to have shorter minutes and are converting to action minutes. At the conclusion of the discussion, no action was taken by the City Council. 10. MATTERS FROM STAFF A. QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2018. Finance Director Shea presented the staff report for the quarter ending September 30, 2018. He indicated that cash is down by $673,000 and reviewed the expenses paid out through September 2018 that contributed to the low cash balance. Finance Director Shea noted that the City does not receive its property tax revenue until Decernber. Following staff's presentation, the quarterly investment report for the quarter ending September 30, 2018 was received and filed by consensus of the City Council. B. PRESENTATION OF CHANGES IN LOS ANGELES COUNTY CODE TITLE 10 — ANIMALS AND CONSIDERATION NOT TO ADOPT CHANGES. City Manager Jeng presented the staff report. She indicated that she received correspondence from the Los Angeles County Animal Care & Control (LACACC) noting that the department is seeking to add provisions to the Los Angeles County Code Title 10 — Animals that would limit the number of roosters that may be kept on a property. She stated that the LACACC requested contract cities to advise whether they elect to be exempt from the ordinance so that LACACC can update the service agreement. City Manager Jeng recomrnended that the City Council consider not adopting the changes to the Los Angeles County Code Title 10—Animals. Councilmember Dieringer moved that the staff report, as presented, be received and filed. Mayor Pro Tem Mirsch seconded the motion,which carried without objection by a voice vote as follows: AYES: COLTNCILMEMBERS: Black,Dieringer,Mirsch and Wilson. NOES: COiJNCILMEMBERS: None. ABSENT: COiJNCILMEMBERS: Pieper. ABSTAIN: COIJNCILMEMBERS: None. 11. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATORS CALIFORNIA GOVERNMENT CODE SECTION 54957.6 CITY DESIGNATED REPRESENTATIVE: CITY MANAGER Minutes City Council Meeting 10-22-18 -4- UNREPRESENTED EMPLOYEE: PLANNING DIItECTOR The City Council convened into closed session at 7:56 p.m. and City Clerk Hall left the Council Chamber. 12. RETURN TO OPEN SESSION A. ANNOUNCEMENT OF ACTIONS FROM CLOSED SESSION(ORAL REPORT). The meeting reconvened in open session with all Councilmembers in attendance (Pieper absent). City Attorney Jenkins announced that there was no reportable action from the Closed Session. 13. ADJOURNMENT Hearing no further business before the City Council, Mayor Wilson adjourned the meeting at 9:25 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, November 2b, 20 i 8 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, _ `� Yvet � Hall � City Clerk Approved, � �� ,'�' /� '� . Patrick Wilson Mayor � Minutes City Council Meeting 10-22-18 -5- `�n,,� � '.�