11/10/2014A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, NOVEMBER 10, 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
7:32 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
ROLL CALL
Councilmembers Present: Black, Dieringer, Hill, Pieper and Mayor Lay.
Councilmembers Absent: None.
Others Present: Raymond R. Cruz, City Manager.
Michael Jenkins, City Attorney.
Yolanta Schwartz, Planning Director.
Heidi Luce, City Clerk.
Roger Hawkins, 37 Crest Road West.
Kathleen Hughes, 13 Caballeros Road.
Martin Waters, 9 Upper Blackwater Canyon Road.
Marion Ruth, 5 Outrider Road.
Christa Hawkins, 37 Crest Road West.
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 October 27, 2014.
RECOMMENDATION: Approve as presented.
B. Payment of Bills.
RECOMMENDATION: Approve as presented.
Councilmember Black asked that item 3B be removed from the consent calendar for individual
consideration. Hearing no objection, Mayor Lay so ordered.
Councilmember Black moved that the City Council approve the remaining item on the consent calendar
as presented. Mayor Pro Tem Pieper seconded the motion, which carried without objection.
Payment of Bills.
In response to Councilmember Black regarding check #23557 and check #23558, both payable to the
County of Los Angeles for the Johns Canyon Road Sewer Project, staff confirmed that the City received
payment from the applicant for those fees. Councilmember Black also asked for an explanation as to
why the City Attorney's fees are higher than usual this month. Following brief discussion and an
explanation from staff, Councilmember Black moved that the City Council approve the Payment of Bills
as presented. Mayor Pro Tem Pieper seconded the motion, which carried without objection.
COMMISSION ITEMS
RESOLUTION NO. 2014-14 — A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR GRADING
AND CONSTRUCTION OF A SWIMMING POOL AND A SPA AND A VARIANCE TO
EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT IN ZONING CASE
NO. 861, AT 2 MIDDLERIDGE LANE SOUTH, LOT 168-RH, (JOHNSON). THE
PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
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Mayor Lay introduced the item and asked for staff's comments. Planning Director Schwartz reviewed
the applicant's request to construct a pool and spa in Zoning Case No. 861 at 2 Middleridge Lane South
and stated that the Planning Commission approved the request unanimously at its last meeting. She
stated that all of the development standards are being met with the exception of the 1.65% exceedance of
the disturbed area for which a Variance was granted because of the uniqueness of this lot.
Councilmember Black moved that the City Council receive and file Planning Commission Resolution
No. 2014-14 granting approval of the applicant's request in Zoning Case No. 861 at 2 Middleridge Lane
South. Mayor Pro Tem Pieper seconded the motion, which carried without objection.
PUBLIC HEARINGS
WAIVE FULL READING AND CONDUCT SECOND READING OF ORDINANCE NO. 339
— AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING CHAPTER 6.24 OF
THE ROLLING HILLS MUNICIPAL CODE IN ITS ENTIRETY RELATING TO
AGGRESSIVE ANIMALS AND AMENDING SECTION 6.20.010 RELATING TO
CONFINEMENT OF UNVACCINATED DOGS UNDER FOUR MONTHS OF AGE.
Mayor Lay introduced the item and asked for comments from staff and the Members of the City
Council. Hearing none, Mayor Lay called for public comment.
Roger Hawkins, 37 Crest Road West addressed the City Council in opposition to the proposed
Ordinance stating that he submitted memorandum outlining his views on why he believes the Ordinance
is a bad idea. He stated that he does not feel the Ordinance will prevent attacks but rather targets
residents in a negative way. He suggested that rather than adopting this Ordinance, the City should
educate the community on ways to minimize risk. He further expressed concern regarding dogs owned
by non-residents that are allowed to be off leash in the City and that the Ordinance creates a litigation
risk for the City.
Kathleen Hughes, 13 Caballeros Road addressed the City Council in support of the proposed Ordinance.
She stated that she was the individual who proposed that the City adopt a leash law and she would prefer
a leash law but she appreciates that this ordinance allows people to take action before a dog bite occurs.
Martin Waters, 9 Upper Blackwater Canyon Road addressed the City Council in opposition to the
proposed Ordinance. He stated that he feels the Ordinance is subjective and expressed concern that the
term "provocation" is not defined and penalizes the natural behavior of dogs. He asked for clarification
on the vaccination requirement.
Marion Ruth, 5 Outrider Road addressed the City Council to ask if the City is involved if two dogs get
into a fight and to ask for clarification on the process. In response, Mayor Lay explained that the
complaint process allows for a dog attack on a person or animal to be reported to and investigated by the
City. Mrs. Ruth expressed her opinion that the matter should be resolved between the dog owners and
the City should not be involved.
Christa Hawkins, 37 Crest Road West addressed the City Council to ask how many incidents there have
been. In response, it was stated that there have been approximately eight complaints in the last year. She
expressed concern that non-residents are allowed to bring their dog into the City and asked what would
happen if a non-resident's dog attacked a resident's dog. In response, it was stated that a resident could
file a complaint against a non-resident dog. City Attorney Jenkins stated that trespass situations are
excluded and there is no penalty imposed against the property owner's dog when the dog is defending its
territory. He further clarified that who is allowed to come into the City is an Association issue not a City
issue.
In response to Councilmember Dieringer regarding visiting dogs, City Attorney Jenkins stated that City
does have the authority to apply this Ordinance to non-resident dogs and they can be ultimately banned
from the City if deemed necessary. Also in response to Councilmember Dieringer regarding the liability
issues raised by Mr. Hawkins, City Attorney Jenkins commented that the majority of the issues raised in
Mr. Hawkins correspondence were policy related issues and not issues that suggest there are legal
problems with the Ordinance. City Attorney Jenkins further stated that he does not see any liability
issues.
Additionally, in response to Councilmember Dieringer regarding the "provocation" issue raised by Mr.
Waters, City Attorney Jenkins explained that provocation is ultimately a fact issue determined during
the investigation of the incident. He stated that if the facts are insufficient to verify that an attack
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occurred, then no action will be taken by the City Manager. He fiuther stated that if the facts support
that an aggressive animal attack occurred, they City Manager can order remedies. He commented that if
the animal owner objects to those remedies, the matter can be appealed to the City Council. City
Attorney Jenkins further commented that the process depends upon the exercise of judgment and the
evaluation of facts and has a sufficient appeal availability to assure that there is due process.
Following the public hearing and brief discussion, Councilmember Black moved that the City Council
conduct the second reading of Ordinance No. 339, waive full reading of the Ordinance and adopt the
Ordinance as presented. Mayor Pro Tem Pieper seconded the motion which carried by the following roll
call vote:
AYES:
Councilmembers Black, Dieringer, Hill, Pieper and Mayor Lay.
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
OLD BUSINESS
CONSIDERATION OF A CASH DONATION IN THE AMOUNT OF $2,000 FROM J.
RALPH BLACK.
Mayor Lay introduced the item and asked for staff's comments. City Manager Cruz stated that since this
matter was last before the City Council staff has determined that the location where the flag poles are
located is private property so the funds can not be expended for the expressed purpose of installing flag
poles in those locations. He fiuther stated that he spoke with Dr. Black and he still wishes to make the
donation. Following brief discussion, the City Council accepted the donation from J. Ralph Black and
directed staff to work with Dr. Black to determine some potential projects where the donation funds
could be applied.
NEW BUSINESS
None.
MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
Councilmember Dieringer reported that she attended the CJPIA Risk Management Forum and provided
a brief recap of the matters discussed. She also stated that the meeting materials are available on-line for
the City Council's reference.
MATTERS FROM STAFF
City Manager Cruz informed the Council about the Lomita Sheriffs Dept. Golf Tournament scheduled
for Monday, November 17s' and provided an update on the status of the undergrounding projects as well
as his efforts with regard to addressing the future Southern California Edison projects planned in the
City.
PUBLIC COMMENT ON CLOSED SESSION AGENDA
None.
CLOSED SESSION
Government Code §54957
Public Employee Performance Evaluation
Title: City Manager
The City Council recessed into closed session at 8:36 p.m. to discuss the matter listed above on the
closed session agenda. The meeting returned to open session at 9:23 p.m.
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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 met in
closed session to discuss the item listed above and no reportable action was taken.
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Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 9:24 p.m. in
memory of long time resident Richard Leef. The next regular meeting of the City Council is scheduled
to be held on Monday, November 24, 2014 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
City Clerk
Approved,
B. Allen Lay
Mayor (�
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