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8/11/2014MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, AUGUST 11, 2014 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pro Tem -- Pieper at 7:32 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Dieringer, Hill and Mayor Pro Tem Pieper. Councilmembers Absent: Mayor Lay (excused). Others Present: Raymond R. Cruz, City Manager. Michael Jenkins, City Attorney. Heidi Luce, City Clerk. James Aichele, 14 Crest Road West. Carla Routt, 1 Southfield Drive. Carol Marron, 17 Southfield Drive. Laura Walters, Community Services Representative, LA County Fire. 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 July 28, 2014. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. City Council Animal Complaint Process Ad Hoc Committee meeting notes of July 28, 2014. RECOMMENDATION: Receive and file. D. Consideration of a date of December 8, 2014, 4-7pm for the 29th Annual Holiday Open House. RECOMMENDATION: Approve as presented. E. Consideration of an agreement with Animal Pest Management Services, Inc. for supplemental coyote control services. RECOMMENDATION: Approve as presented. 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 CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. Mayor Pro Tem Pieper introduced the item and asked for staffs comments. Planning Director Schwartz presented the staff report stating that in accordance with Government Code Section 65089, cites are Minutes City Council Meeting 08/11/14 -I- required to hold a public hearing and adopt a Resolution certifying to the State of California that the City is in compliance with Congestion Management Program in addressing regional transportation and air quality. She stated that Cities that are not in compliance with the requirements are in jeopardy of losing gas tax revenue. She further stated that Resolution No. 1162 self -certifying that the City of Rolling Hills is compliant with the requirements is presented for consideration. In response to Councilmember Dieringer's inquiry as to if is it possible to be relieved from the requirement since the City does not receive any gas tax revenue, Planning Director Schwartz stated that the City has tried previously, but was informed that there is no provision in the law that allows a City to be exempted from the requirement. Mayor Pro Tem Pieper opened the public hearing and called for public comment. Hearing none, he closed the public hearing. Following brief discussion, Councilmember Black moved that the City Council adopt Resolution No. 1162 finding the City to be in conformance with the Congestion Management Program. Councilmember Dieringer seconded the motion, which carried without objection. OLD BUSINESS None. NEW BUSINESS None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS CONSIDERATION OF DRAFTING AMENDMENTS TO THE EXISTING AGGRESSIVE DOG ORDINANCE. Mayor Pro Tem Pieper introduced the item and asked for staff s comments. City Manager Cruz presented the staff report stating that the Ad Hoc committee consisting of Councilmembers Dieringer and Hill met several times to discuss the issue including meeting with the City Attorney and Officer Luis Cruz of Los Angeles County Department of Animal Care and Control. He stated that the Committee analyzed aggressive behaviors that could be considered a code violation before a bite actually occurs as well as remedial actions other than confinement or removal. He further stated that the Committee recommends that the City Council direct the City Attorney to draft an Ordinance amendment incorporating the concepts discussed for public hearing and consideration by the City Council. Councilmember Dieringer suggested that the list of possible penalties for an aggressive and/or dangerous dog incident include the existing penalties of confinement and removal from the City. She further commented that the Committee also discussed a requirement of training for dogs as well dog owners when appropriate and suggested that the current provisions also remain. Councilmember Hill commented that the Committee also discussed and suggested that the Community be advised to be more aggressive in reporting incidents and that aggressive dog incidents reported be handled with a more aggressive approach. City Manager Cruz commented that upon adoption of a revised Ordinance, there will be a public information campaign to inform residents of the new provisions and how they will be enforced. Mayor Pro Tem Pieper asked for public comments. Carol Marrone, 17 Southfield Drive addressed the City Council to suggest that the term "aggressive" be spelled out and that the reporting process be clearly defined. Following discussion, Councilmember Dieringer moved that the City Council direct staff to draft an Ordinance incorporating the Ad Hoc committee's recommendations and return to the City Council for public hearing. Councilmember Hill seconded the motion, which carried without objection. Minutes City Council Meeting 08/11/14 -2- REPORT CONCERNING THE METHODOLOGY THAT IS RECOMMENDED TO AMEND AND/OR CLARIFY THE CITY'S VIEW PRESERVATION ORDINANCE, INCLUDING PROVISIONS WITHIN MEASURE B. Mayor Pro Tem Pieper introduced the item and asked for staff's comments. City Manager Cruz presented the staff report stating that as directed by the City Council, the Ad Hoc committee consisting of Mayor Pro Tem Pieper and Councilmember Dieringer met with staff as well as the City Attorney to discuss possible modifications to the View Preservation Ordinance to address the problematic provisions in the Ordinance including those that resulted from the adoption of Measure B and those that exist within the remainder of the Ordinance and options available to improve the implementation of the Ordinance in future view cases. He stated that the City Attorney offered several options on how to improve the Ordinance including: (1) Prepare a whole new ordinance and place it on the ballot to replace the existing ordinance in its entirety; (2) Prepare modifications to selective provisions (Measure B language) and place it on the ballot for voter approval; (3) Prepare material for the ballot to repeal Measure B, but meanwhile prepare, with residents input, a new View Preservation Ordinance and have it ready for immediate adoption by the City Council, assuming Measure B is repealed; and (4) Develop and ask Council to adopt "Administrative Guidelines" providing the City's official interpretation of provisions adopted by Measure B that are ambiguous and need further definition, to be applied uniformly to all future cases. Additionally, prepare an ordinance amending select (non -Measure B) provisions of the Ordinance that would benefit from updating. He stated that Committee discussed the options at length and recommends that the City Council move forward with Option 4 — adoption of administrative guidelines. Councilmember Dieringer discussed the pros and cons of each of the options and stated that Option 4 offers some flexibility and provides a means for defining some of the provisions in Measure B that are not currently defined in keeping with the intent of Measure B. She further commented that Option 4 also allows for input from the public in developing the guidelines that will be adopted by the City Council. Mayor Pro Tem Pieper commented that he feels that defining the vague provisions in Measure B will help the Committee on Trees and Views implement the Ordinance and mitigate the City's liability; but in the long term, he feels it needs to be amended or repealed. In response to Councilmember Black, City Attorney Jenkins stated that City Council cannot change what was adopted by the people; but the City does have to interpret and apply it. He commented that the City could apply it on a case-by-case basis or adopt uniform administrative guidelines that will provide for consistent implementation of the Ordinance. Discussion ensued concerning the ambiguous provisions in Measure B including what constitutes proof that a view existed; what constitutes clear and convincing evidence and what is meant by "mature" vs. "maturing." City Manager Cruz commented that in developing the guidelines, staff will seek input from the framers of Measure B. Mayor Pro Tem Pieper called for public comment. James Aichele, 14 Crest Road West addressed the City Council stating that Measure B was an attempt to correct the original View Preservation Ordinance which he feels is flawed. He further commented that the City Council should to take into account other points of view when considering amending the Ordinance. Mayor Pro Tem Pieper called for public comment. Carla Routt, 1 Southfield Drive addressed the City Council to express her concern regarding environmental impact. Carol Marrone addressed the City Council stating the she received in her mailbox today a letter regarding a pending view case at 33 Crest Road East. Following discussion, Councilmember Dieringer moved that the City Council direct staff to work with the ad hoc committee to develop suggested options for administrative guidelines providing the City's interpretation of the ambiguous provisions adopted by Measure B for consideration and adoption by the City Council. Councilmember Hill seconded the motion, which carried with Councilmember Black opposed. Minutes City Council Meeting 08/11/14 -3- MATTERS FROM STAFF City Manager Cruz informed the City Council that California Water Service Company will be doing maintenance on their water tank off Portuguese Bend Road (near Tallyhand Road) over the next few evenings between 4pm and 9pm because the work cannot be done during the daytime hours because it is too warm. He also informed the City Council that the information requested regarding fire prevention and water conservation will be presented to the City Council at the next meeting. PUBLIC COMMENT ON CLOSED SESSION AGENDA None. CLOSED SESSION None. RETURN TO OPEN SESSION None. cl\ Ia Mr1Kfi%I-Ii 1 Y Hearing no further business before the City Council, Mayor Pro Tem Pieper adjourned the meeting at 8:28 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, August 25, 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 �I Mayor Minutes City Council Meeting 08/11/14 Respectfully submitted, Qk b t6 Heidi Luce City Clerk ME