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10/14/2013 MINUTES OF A REGULAR MEETING OF.THE CITY COUNCIL OF THE CITY OF ROLLING ffiLLS, CALIFORNIA MONDAY, OCTOBER 14, 2013 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Hill at 7:34 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Dieringer, Lay, Pieper and Mayor Hill. Councilmembers Absent: Black(excused). � Others Present: Steve Burrell, Interim City Manager. Michael Jenkins, City Attorney. Heidi Luce, Deputy City Clerk. Spencer Karpf, 14 Caballeros Road. Pat Wilson, 74 Portuguese Bend Road. Kathleen Hughes, 13 Caballeros Road. Pam Crane, 10 Caballeros Road. Mary Graff, 32 Chuckwagon Road. � Joyce Grubbs, 1 Hackamore Road. Martin Waters, 9 Upper Blackwater Canyon Road. CONSENT CALENDAR � Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. A. Minutes - (1) Regular Meeting of September 23, 2013; (2) Adjourned Regular Meeting of October 5, 2013; (3) Special Meeting of October 8, 2013. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMI��NDATION: Approve as presented. C. Consideration of participation in the California FIGTREE Property Assessed Clean Energy (PACE) program and the California HERO program to allow residents to finance certain energy-related projects and adoption of the following Resolutions therefore: (1) Resolution No. 1151 — a Resolution of the City Council of the City of Rolling Hills Approving Associate Membership by the City of Rolling Hills in the California Enterprise Development Authority (CEDA); and Authorizing and Directing the Execution of an Associate Membership Agreement relating to Associate Membership of the City in the Authority; (2) Resolution No. 1152 — a Resolution of the City Council of the City of Rolling Hills authorizing the City of Rolling Hills to join the FIGTREE PACE Program; authorizing the California Enterprise Development Authority to conduct contractual assessment proceedings and levy contractual assessments within the territory of the City of Rolling Hills; and authorizing related actions. (3) Resolution No. 1153 — A Resolution of the City Council of the City of Rolling Hills Consenting to the Inclusion of Properties within the City's Jurisdiction in the California HERO Program to Finance Distributed Generation Renewable Energy Sources, Energy and Water Efficiency Improvements and Electric Vehicle Charging Infrastructure; and approving an amendment to a Certain Joint Powers Agreement Related Thereto. RECOMI��NDATION: Approve as presented. D. Consideration of Resolution No. 1154 - A Resolution of the City Council of the City of Rolling Hills, California adopting a records retention schedule and authorizing the destruction of certain City records. � RECOMNIENDATION: Approve as presented. Minutes City Council Meeting 10/14/13 -1- Mayor Pro Tem Lay moved that the City Council approve the items on the consent calendar as presented. Councilmember Pieper seconded the motion, which carried without objection. Councilmember Pieper asked that the information on the PACE Figtree and Hero programs be provided to residents. COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS None. OPEN AGENDA-APPROXIMATELY 8:00 P.lO�I. -PUBLIC COMNIENT WELCOME Spencer Karpf, 14 Caballeros Road addressed the City Council concerning the stable ordinance. He asked if the City Council intends to agendize a discussion to fix the stable ordinance as he suggested when he appeared before the City Council a couple of months ago. In response, Mr. Karpf.was informed that the letter he provided was distributed to the City Council and it was not requested that the matter be agendized. Pat Wilson, 74 Portuguese Bend Road addressed the City Council to introduce himself. He stated that he has been a resident for 15 years and a member of the Traffic Commission for the last five; and he is considering applying for appointment to the Planning Commission. MATTERS FROM THE CITY COUNCIL ANl3 MEE�'ING ATTENDANCE REPORTS Councilmember Dieringer distributed a letter that was presented to the SBCCOG by its Chair Dan Medina who is a Councilmember in the City of Gardena. She stated that the letter expresses the City of Gardena's opposition to the LA MS4 permit and the reasons for their opposition. The City Council asked staff to research the matter and determine if it would be appropriate for the City of Rolling Hills to take a similar position. Mayor Hill mentioned, in response to the letter from Rolling Hills Estates regarding the Holiday Parade of Lights on December 7`h, that he would be happy to participate in the parade but since the letter is addressed to the entire City Council, he asked if there was another Councilmember that wished to participate. He asked staff to check with Councilmember Black. He also commented that he attended the memorial service for Bud Murdock, former Councilmember Jody Murdock's husband who recently passed away and it was a nice event and well attended. MATTERS FROM STAFF � A. PRESENTATION OF STAFF REPORT PERTAINING TO CONSIDERATION OF A LEASH AND/OR CONFINEMENT LAW FOR DOGS. Interim City Manager Burrell presented the report that staff was asked to prepare in response to the request that the City Council consider a leash law. He stated that a leash law is two things, a requirement that dogs be on a leash when they are on rights of way, trails, etc; and a confinement law requiring that dogs be confined to their property when they are not on a leash. He reviewed the responses to the individual questions that were raised at the last meeting and stated that included in the packet is sample language for what a leash law might look like based on other cities language. He commented that in order for this type of law to be effective, it would require good compliance and would likely still be complaint driven. Mr. Burrell further reviewed the current process for handling dog Minutes City Council Meeting 10/14/13 -2- complaints stating that when an incident occur,s, Animal Control is contacted to investigate the incident during which time the dog is ordered to be confined to its property. Animal Control then issues a report in accordance with the City's Municipal Code and in coordination with the Animal Control Officer, the City Manager makes a determination often requiririg'`that the dog be permanently confined to its property; and in incidents where it is a second offence the dog may be ordered removed from the City. He further reviewed the options before the City Council as presented in the staff report and commented that the matter will require careful consideration by the City Council. Mayor Hill then called for public comment. Kathleen Hughes, 13 Caballeros Road addressed the City Council. Mayor Hill acknowledged that the City Council received her recent letter. Ms. Hughes stated that since the last meeting, she has been contacted by several people who were attacked by dogs but did not report the attack and are in favor of a leash law. She suggested that the matter be put to a vote. She commented the she finds it odd the City doesn't have a leash law when almost every other city does. She further commented that legal awards are going up for dog bites and she feels the city has liability. She said that although urged to, she did not pursue legal action and then reviewed an unpleasant encounter she had with a person walking Lulu over the weekend. She commented that she has read through every complaint and she doesn't understand how the City defends dealing with these complaints after the fact and provided information from the Humane Society's web site as to how dogs that are allowed to roam free behave. She further reviewed the comments made in some of the complaints. In closing, she urged the City Council to put this matter to a vote. Pam Crane, 10 Caballeros Road addressed the City Council stating that the incident between Ms. Hughes an Lulu was an unfortunate accident but she does not feel that the dog was attacking Ms. Hughes. She stated that Rolling Hills is a unique community and the majority of the dog owners are responsible people. She stated that a leash law would not have prevented this particular incident because the dog was not running loose intentionally but rather inadvertently got off the property. Mary Graff, 32 Chuckwagon Road addressed the City Council stating that she recently had a situation in her neighborhood where her niece was out for a run and was surrounded by two neighbor's dogs who were yipping at her. She also commented that the caregivers of two elderly neighbors are unable to walk in the neighborhood because they are afraid of the dogs. She said that although there may not have been any bites, this is an unfair situation for their neighborhood. She stated that there are some irresponsible dog owners and she feels the matter should be taken to a vote. . Spencer Karpf, addressed the City Council not taking a position on the matter, but suggesting that since this is a community issue then the community should decide. He further suggested that the matter be put to a vote of the populous. Joyce Grubbs, 1 Hackamore Road addressed the City Council stating that she agrees that most people are responsible dog owners but it is those that aren't that she is concerned about. She stated that she feels a leash law will protect residents, guests and other dogs. Martin Waters, 9 Upper Blackwater Canyon Road addressed the City Council stating that he feels that most dog owners are responsible but those that aren't won't respond to any law passed. He further stated that dogs do need to be under control but the City does not need a leash law to achieve that. Following staff's comments and public testimony, the City Council directed staff to agendize the matter for the City Council's consideration once the new City Manager is in place. Councilmember Dieringer asked staff to include in the statistics whether the dog was on a leash or at large when the incident occurred. PUBLIC COMMENT ON CLOSED SESSION AGENDA None. CLOSED SESSION Government Code §54957 Public Employment Title: City Manager Minutes City Council Meeting 10/14/13 ° -3- Government Code §54957.6 Conference with Labor Negotiator City representative: Interim City Manager Unrepresented employee: City Manager The City Council recessed into closed session at 8:20 p.m. to discuss the matters listed above on the closed session agenda. The meeting returned to open session at 8:45 p.m. RETURN TO OPEN SESSION ANNOUNCEMENT OF ACTIONS FROM CLOSED SESSION(ORAL REPORT). Following the closed session City Attorney Jenkins reported in open session that the City Council discussed the City Manager recruitment and no reportable action was taken. ADJOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 8:46 p.m. to a regular meeting of the City Council scheduled to be held on Monday, October 28, 2013, beginning at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road,Rolling Hills, California. Respectfully submitted, , Heidi Luce Deputy City Clerk Approved, C _� .��y4'z� � a I e { Frank E. Hill Mayor Minutes City Council Meeting 10/14/l 3 -4-