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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). Minutes City Council Meeting 11/10/14 -1- 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 Minutes City Council Meeting 11/10/14 -2- 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. Minutes City Council Meeting 11/10/14 -3- 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. I7=111114-11V01101�ILY➢ 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 (� Minutes City Council Meeting 11/10/14 -4-