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4/28/2014MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, APRIL 28, 2014 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Lay at 7:36 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Dieringer, Lay, Pieper and Mayor Hill. Councilmembers Absent: None. Others Present: Raymond R. Cruz, City Manager. Michael Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Terry Shea, Finance Director Heidi Luce, City Clerk. Kathleen Hughes, 15 Caballeros Road. Rick Boos, 22 Georgeff Road. Joyce Grubs, 1 Hackamore Road. Kak McKinnie, 3 El Concho Lane Mike Mitchell, 23 Georgeff Road. Mary Graff, 32 Chuckwagon Road. Pam Crane, 10 Caballeros Road. Jim Aichele, 14 Crest Road West. Carol Marrone, 17 Southfield Drive. Debra Mitchell, 23 Georgeff Road. Marion Ruth, 5 Outrider Road. Leslie Stetson, 71 Saddleback Road. Jill Smith, 10 Georgeff Road. Jeff Miller, 12 Saddleback Road. Burt Balch, 6 Hackamore Road. Clint Patterson, 22 Georgeff Road. Sue Breiholz, 6 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 - Regular Meeting of March 24, 2014. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of March, 2014. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for Month of March, 2014. RECOMMENDATION: Receive and file. E. Consideration of the 2014-2015 City Council Committee Assignments and City of Rolling Hills Report of Public Official Appointments (California Fair Political Practices Commission Form 806.) RECOMMENDATION: Approve as presented. CONSENT CALENDAR ITEMS FROM THE TRAFFIC COMMISSION: F. Consideration of Approval of a Traffic Commission Recommendation for a Horse Crossing on Middleridge Lane. RECOMMENDATION: Approve as presented. Minutes City Council Meeting 04/28/14 -1- Councilmember Hill moved that the City Council approve the items on the consent calendar as presented. Councilmember Black seconded the motion, which carried without objection. COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS None. Mayor Lay stated that if there are no objections, Item 10C pertaining to the report on options for consideration of a leash law and or containment law will be taken out of order. Hearing no objection, he so ordered. MATTERS FROM STAFF REPORT ON OPTIONS FOR CONSIDERATION OF A LEASH AND/OR CONFINEMENT LAW FOR DOGS. Mayor Lay introduced the item stating that the purpose of this report is to provide information and input to the City Council to determine if the City Council should proceed to develop a leash law. Councilmember Black noted that there was new correspondence received and placed on the dais and asked if the City Council could have time to review this new information before proceeding. Hearing no objection, the City Council took a brief recess to review the material at 7:38 p.m. The meeting was called back to order at 7:45 p.m. City Manager Cruz then presented the staff report providing the background on the reason this matter is before the City Council, the current animal complaint process and the options for consideration. In his review of the staff report, City Manager Cruz stated that since the City of Rolling Hills was incorporated, there have been relatively few aggressive dog attacks and it is rare when another dog or human has sustained any serious injury. Although the City has a very effective aggressive dog ordinance to deal with such incidents, in recent years some residents have suggested that the City consider a leash law in order to protect their dogs and own personal safety. These types of suggestions have usually been precipitated by a dog attack in the community. In the fall of 2013, the City Council discussed the topic of establishing a leash and/or confinement law. This was brought forward after a dog attack incident that happened the summer of 2013. After reviewing staff's analysis of the issue and hearing testimony from several residents, the Council tabled the discussion so the new City Manager could bring it back with more analysis and public input so a final determination could be made. He further stated that due to Rolling Hills' rural and equestrian character, the choice not to have a leash law has always been considered a "life style" decision influenced by the fact that the community is entirely privately owned and "dog friendly." Many residents appreciate the ability to walk their dog freely or be trailed by their dog when riding horseback near roadways and on the many beautiful bridle trials in the community. He also noted that dogs are also presently not required to be confined to their property. Most dogs stay on their owners' property, and a few roam around the immediate neighborhood briefly on occasion. In the cases when dogs have an extended stay off their owner's property, neighbors usually know who owns the dog (or ask around) and make a friendly courtesy call to the owner to pick up their dog. City Manager Cruz stated that a leash law is really two things; a law that mandates that dogs be confined to their owner's property; and secondly, when off their property, dogs must be on a leash under the control of a person capable of controlling the dog. He reviewed the objectives and potential benefits of a leash law which include: allowing fearful residents of unleashed dogs to walk with increase sense of safety; increases safety of dogs so they do not roam off their owners property; helps prevent unsterilized Minutes City Council Meeting 04/28/14 -2- at large dogs breeding with other unsterilized dogs and can protect dog owners liability from litigation when a dog bites or causes some other harm. He then reviewed a table showing that all of the cities with similar characteristics to Rolling Hills such as Hidden Hills, Bradbury and La Habra Heights, all have leash law as well as the three other peninsula cities. He noted that most cities have leash laws, but there are some cities that do not have a leash law or have a limited leash law. City staff came across the City of Berkeley, Livermore and Sacramento's different approach to a leash law where obedience -trained dogs under effective charge and control may be walked without a leash. He noted that Longview, Washington and Columbus, Indiana do not have a leash law. He stated, with regard to the risk of not having a leash law, that City does not take on any additional liability risk by not having a leash law. City Manager Cruz then reviewed the existing process within the Rolling Hills Municipal Code for aggressive dogs stating that the process is complaint based. Once a complaint is filed, the City has a Los Angeles County. Animal Control Officer investigate the complaint. Subsequent to the investigation, a report is issued; and based on the finding in the report, action is taken. He then reviewed the complaints received since 2008 and the actions taken noting that on the average, the City has about six aggressive dog complaints filed each year. He further stated that the imposition of a leash law would be a dramatic change to current practice in the community and for a leash law to be effective it would need to have wide community support to work. He commented that in many other places, containing a dog is not a real problem but Rolling Hills, it could be, as most properties are not fenced in a manner to contain a dog. The standard white three -rail fences that are predominate in the community cannot contain most dogs and would need to be retrofitted in order to contain a dog. It is also important to note that most leash laws allow the dog to be off leash when on the owner's property. The assumption is that the dog would be confined to the owner's property. In that dog owners would likely have to make a number of changes to their properties in order to comply with such an ordinance containing their dog to their property. He further noted that wireless fences may be an alternative. City Manager Cruz then reviewed the enforcement process and costs should the City adopt a leash law. He stated that the City contracts with the Los Angeles County Department of Animal Care and Control to provide animal related enforcement and they would be the agency to enforce the leash law if such an ordinance was adopted. He stated that the City currently has an annual budget of $5,500 for Animal Control services. He noted that enforcing the leash/confinement law would be within its "Field Services" portion of the City's contract that is charged on an $81.65 per hour basis. Regardless of the call for service, there is a per unit charge for the service which includes pursuing a loose dog or giving a warning/citation for individuals walking ones dog without a leash. He noted that if the City wants to implement regular or periodic patrols to seek such violations, that would further increase costs. He noted that the current budget amount provides 54 hours field services annually and, it can easily be forecasted that enforcing a leash law could double Rolling Hills's contract costs. He noted that a possible source of revenue could be for citations given, but City would receive a very small portion of the fine - for example, Rolling Hills Estates receives $35 per citation. City Manager Cruz stated that after all the information is considered, the City Council is going to have to weigh the practicalities of modifying the community's lifestyle and the costs and challenges of enforcement against the small number of aggressive dog incidents. He stated that it is possible that it might work better to ask people to be more diligent in watching their dogs and keep those confined that chase after cars or people in their neighborhood. Everyone seems to know which dogs those are and perhaps a little prior restraint would go a long way in reducing any risk. This might be a better approach than setting up another process for the City to administer. He further stated that the City has received several pieces of correspondence on the issue and individuals feel very passionate on both sides of the topic. Staff, in this report has attempted to provide the City Council the information it needs to make an informed decision on the issue. He reviewed the options before the City Council stating that the City Council can receive and file the report - the issue will not be brought back for further discussion; schedule a public hearing for a full discussion and adoption of a leash law ordinance along with all of the related changes that would be necessary to implement it; or consider appointing a committee of residents to work on the issue and develop a recommendation to the City Council. Following presentation of the staff report, Mayor Lay asked for comments or questions from the City Council. Councilmember Dieringer commented with regard to the Ordinance, that it speaks in terms of a person who has been attacked by a dog as being the impetus for the complaint and asked where it is defined what an attack consists of? In response, City Manger Cruz stated that the types of incidents for which a complaint can be filed — being charged or chased by a dog; an animal being bit or a person being bit and aggressive barking. Hearing no further comments or questions from the City Council, Mayor Lay called for public comment. Minutes City Council Meeting 04/28/14 -3- Kak McKinnie, 3 El Concho Lane asked for the background as to how this matter came before the City Council. In response, Mayor Lay asked Kathleen Hughes, who made the original request for the City Council to consider a leash law, to address the question. Kathleen Hughes, 15 Caballeros Road addressed the City Council to express her opinion that she does not feel the number of incidents is relatively small and she feels the City has a responsibility to prevent incidents. She also expressed her opinion that she feels that the cost increase presented is insignificant. She further commented that she does not feel safe walking her dog and she does not feel it is reasonable to expect residents to face that kind of risk. She spoke about the nature of dogs and stated that according to information on the SPCA website, having no leash law causes dogs to feel as though the entire city is its domain and becomes defensive creating a greater chance of conflict. She suggested that the City Council put the matter to a vote of the residents. In response to Ms. McKinnie's question, she showed a photo of the bite she suffered as a result of an incident last fall and explained the incident. She stated that while she and a friend were walking their dogs on leash, her neighbor's dog accidentally got out of its property and attacked her and her dogs. She stated that other cities have leash laws and the City of Rolling Hills should have a leash law as well. Rick Boos, 22 Georgeff Road addressed the City Council to suggest that it would be a good idea to also report the number of incidents that occur in cities that have leash laws to see how the City of Rolling Hills compares. Joyce Grubs, 1 Hackamore Road addressed the City Council reviewing a recent incident where she was walking her dog on a leash and a neighbor's dog chased and barked at her. She stated that she feels the City should have a leash law for the protection of the dogs and their owners. Kak McKinnie, 3 El Concho Lane addressed the City Council to express her opinion that the City should not have a leash law and it is one of the things that drew them to Rolling Hills. She stated the matter is a matter of common sense and the City does not need another law. Mike Mitchell, 23 Georgeff Road addressed the City Council stating that he feels not having a leash law is an integral part of the character of the community and he opposes having a leash law. Mary Graff, 32 Chuckwagon Road addressed the City Council stating that she feels the statistics are inaccurate because there are many incidents to go unreported because they are resolved between neighbors. She expressed her opinion that noy every pet owner is a responsible owner. She stated she is not opposed to having dogs off leash but suggested that the City do more to educate residents about dog behavior. Pam Crane, 10 Caballeros Road addressed the City Council stating that she does not feel City needs another law and a leash law would not solve most of the incidents that have occurred. She stated she feel the City has a far greater problem with coyotes in the community. Jim Aichele, 14 Crest Road West addressed the City Council stating that creating a law that would require residents to fence their properties would completely change the way properties look because all of the three -rail fence would have to be screened and most dogs would not be able to be contained by a 3 -rail fence; and he does not feel electronic fences are effective. Carol Marrone, 17 Southfield Drive addressed the City Council stated that she has been for a leash law since she moved to the City in 1991. She stated that another issue is that dogs swim in other people's pools and poop on other people's properties. She stated that she also feels the matter should be put to a vote of the residents. Debra Mitchell, 23 Georgeff Road addressed the City Council stating that she grew up in Rolling Hills and enjoys living in an environment where the dogs are allowed to be off leash. She further commented that there are a number of elderly people that have animal companions and requiring them to keep them on a leash would be difficult for them. Marion Ruth, 5 Outrider Road addressed the City Council stating that they moved to Rolling Hills because there was no leash law and they love the freedom of having dogs off leashes. Leslie Stetson, 71 Saddleback Road addressed the City Council stating that she keeps her dogs on a portion of her property where they can be kept away from their horses, but she appreciates the fact that the City does not have a leash law and repeated something Godfrey Pernell once told her that not having a leash law increases one's responsibility as home owners and pet owners to train their dogs. Jill Smith, 10 Georgeff Road addressed the City Council stating that she previously had dog that was Minutes City Council Meeting 04/28/14 4- confined to their property because of an incident where it attacked a feral kitten. Her point in sharing that story was to express her opinion that the process for addressing incidents is and easy process. She further commented that she believes it is important to educate the people in the city with regard to training dogs so that they are responsible dog owners and to educate people how to respond to aggressive dogs. She stated that she is not in favor of�a leash law. Jeff Miller, 12 Saddleback Road addressed the City Council stating that they have never had a problem with a neighbor's dog, but he feels it is not a good idea to have no leash law. He feels it is the City's responsibility to protect the residents and they should be able to walk around feeling safe. Burt Balch, 6 Hackamore Road addressed the City Council stating that he enjoys the fact that the City has no leash law. He stated the residents manage a certain amount of risk to have the lifestyle they enjoy and he feels that the number of positive interactions outweighs the small number of negative ones. Clint Patterson, 22 Georgeff Road addressed the City Council on behalf of his neighbor Kathy Roberts at 1 El Concho Lane and read her letter in support of not having a leash law given her physical limitations. He commented that it would be a shame to make it an imposition for Ms. Roberts and people in situations like hers to not be allowed to let their dogs out based on an incident that it has been acknowledged would not have been prevented by a leash law. Mr. Patterson further commented, as the President of Caballeros, the group is not unanimous on this matter, but are vastly opposed to a leash law and to restrict those individuals that like to ride their horses with their dogs off leash would be an unfortunate outcome. Sue Breiholz, 6 Upper Blackwater Canyon Road addressed the City Council to ask how many letters were received in support of and against a leash law. Mayor Lay commented that of the 11 received over the weekend and today, nine were against a leash law and two were for a leash law. Councilmember Dieringer tallied the letters that were included with the staff report and stated that there where two in favor of a leash law and ten against having a leash law. Mayor Lay asked for the City Council's comments and reviewed the options before the City Council as presented by City Manager Cruz. He stated that if the City Council decides to consider adopting a leash law, public hearings would be scheduled on the matter. Councilmember Black stated that he believes the statistics are not accurate because many incidents go unreported. He stated that he has been attacked twice and both times were quite scary. He further commented, as a plastic surgeon, that he has no tolerance for dogs that bite; and as a dog owner, he enjoys wandering with his dogs and the neighbors dogs. He stated that he feels the City should have more aggressive rules for dogs that bite and he feels that confinement actually works better than people think with advancements being made in the technology of electronic fences. He suggested charging a higher licensing fee for aggressive breeds of dogs. Councilmember Black further stated that he feels the City needs to be more aggressive in confming aggressive dogs, people need to report when incidents occur rather than working it out between neighbors; and people who have aggressive breeds should pay more for licensing fees. He stated that although he is not in favor of a leash law, he suggests setting up a committee to look into charging higher licensing fees for various breeds of aggressive dogs and to be more proactive in banning dogs that are known to attack. Mayor Pro Tem Pieper commented that he agrees that more aggressive action should be taken with regard to problem dogs but that a leash law probably isn't the answer. Mayor Lay asked if the City Council wishes to move forward in drafting a leash law for consideration and begin moving forward in that direction or is there another direction the City Council wishes to take. Councilmember Hill commented that this is an emotional issue and he feels, based on the input that he's received that the majority of the residents would like the leave the community as is. He agrees that tightening up on animal control could be pursued but he is not in favor of moving forward with a leash law. Councilmember Dieringer commented that is appears based on the input received that most residents do not want a leash law and that adopting one may affect may issues with regard the lifestyle and character of the community. She stated that she also feels that the City needs to be more diligent with regard to dogs that are known to be problem dogs. She stated that she would like to see the City Council review and tighten up the Ordinance; to make it a very relaxed requirement to file a complaint; and a more strict mechanism by which the City could take action against the dog and the dog owner. Following presentation of the staff report, public comment and discussion, the City Council appointed Councilmembers Hill and Dieringer to serve on an ad hoc committee to review the current complaint Minutes City Council Meeting 04/28/14 -5- process for possible revisions to make it easier to file a complaint; to provide for stricter enforcement actions upon confirmed incidents; and to incorporate an education component. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. Mayor Lay stated that if there are no objections, the remaining matters from staff will be taken out of order and Matters from the City Council will be taken later. Hearing no objection, he so ordered. MATTERS FROM STAFF QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING MARCH 31, 2014. Finance Director Shea presented the investment report for the quarter ending March 31, 2014 stating that the rates went down slightly this quarter primarily due to the rate on the CDARS rated going down. He stated that the City invests 95% of its funds less what the City needs to cover expenses, payroll and a small cushion. He stated that for the current quarter the rate of return was .283% given the City's conservative investment policy. Following brief discussion concerning investment options, the investment report was received and filed. CONSIDERATION OF ACCEPTING A DONATION OF TORREY PINES TO BE PLACED AT CABALLEROS RING AT HESSE'S GAP. City Manager Cruz presented the staff report and stated that based on direction given to staff at the March 10th meeting of the City Council to investigate the feasibility of accepting Theodore Bennett's offer to donate a stand of Torrey Pine Trees to the City, staff met with Mr. Bennett; Julie Heinsheimer, the City's Volunteer Landscape consultant; and RHCA staff with regard to the donation. It was determined that the trees would need to be placed in a location that has access to water and would not interfere with any views and based on those factors, it was determined that Caballeros Ring at Hess's Gap would be the best option to plant the 17 trees that were identified as acceptable. He stated that the estimated cost for moving and transplanting the trees is $4,000 and further commented that the RHCA indicated that they would water the trees for the next two years while they are getting established. Discussion ensued concerning the cost for transplanting the trees. Councilmember Black commented that he was under the impression when Mr. Bennett made the offer, that Bennett Landscape was going to pay for the relocation. Following brief discussion, Councilmember Dieringer moved that the City Council accept the donation and appropriate $4,000 to relocate the trees. Councilmember Black seconded the motion. Councilmember Hill stated that given the cost as well as fire and drought issues, he would be opposed to appropriating funds to relocate the trees. Mayor Pro Tem Pieper stated that he would not be in favor of spending the City's funds to accept a donation. Councilmember Black stated that given the Bennett Family's contributions to the community and the fact Torrey Pines are a very unique, rare tree, he would be in favor of accepting the donation and suggested the City pursue soliciting donations to cover the relocation costs. Following further discussion, Councilmember Dieringer amended her motion such that the City Council accept the donation of Torrey Pines from Theodore Bennett; advertise to the community inviting residents to make donations toward the cost to relocate and plant the trees; and appropriate $1,000 toward the project contingent upon receipt of donations to cover the remaining cost. Councilmember Black seconded the motion, which carried with Councilmember Hill and Mayor Lay opposed. REPORT ON CONSIDERATION OF ADDING A SUPPLEMENTAL COYOTE CONTROL OPTION. City Manager Cruz presented the staff report stating that the City has $17,000 budgeted in FY 13-14 for coyote control and the City currently utilizes services from the Los Angeles County Agricultural Commissioner's office for coyote control. He stated that given the time and staffing limitations the County is facing, they have not been able to consistently provide coyote control services to the City. He further stated that the City could pursue trapping services from other private trapping funis if the City Council wishes to pursue that option. He noted that preliminarily staff contacted one private firm that could provide services at a cost of $3,500 for ten days of service at any location where permission has Minutes City Council Meeting 04/28/14 -6- been received for control services. Discussion ensued concerning the difficulties associated with coyote trapping and other ways of costing such services like a per animal fee or a guaranteed service. Mayor Lay called for public comment. Carol Marrone addressed the City Council to express her concern about the coyotes in the community and stated that she has consented to trapping. She further commented that when the representative from the County visited her property he pointed out that in order to effectively control the coyotes, every property owner needs to consent to control on their property. Following further discussion, the City Council directed staff to try to get additional services form the County and to work with additional coyote control providers to provide service on a results based cost structure and to pursue providers that offer services other than trapping. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS Councilmember Hill expressed concern that many of the fire hydrants in the community are not well maintained and as fire season approaches, this may pose a risk to the community. Staff was directed to work with the Fire Dept., the RHCA and California Water Service Company to address the issue. Mayor Pro Tem Pieper commented that the blue reflectors should also be looked at. Councilmember Black expressed concern regarding the cost associated with the stormwater management requirements and suggested that the City Council express its opposition to increasing consultant costs and offer instead to hire a company to provide service to pick up trash at Machado Lake. He also expressed concern regarding the City's process for determining building fees and asked that the matter be agendized given that the Finance Committee did not agree on the matter. PUBLIC COMMENT ON CLOSED SESSION AGENDA None. CLOSED SESSION None. RETURN TO OPEN SESSION None. ADJOURNMENT Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 9:41 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, May 12, 2014 beginning at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, B. Allen Lay Mayor Minutes City Council Meeting 04/28/14 Respectfully submitted, Heidi Luce City Clerk -7-