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5/24/20041 1 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MAY 24, 2004 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pro Tem Pernell at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Hill, Lay and Mayor Pro Tem Pernell. Councilmembers Absent: Mayor Heinsheimer (excused). Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Nan Huang, Finance Director. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. Lt. Gregg Ahn, LASD, Lomita Station. 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 May 10, 2004. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of April, 2004. RECOMMENDATION: Approve as presented. d. BFI Recycling Tonnage Report for April, 2004. RECOMMENDATION: Approve as presented. e. Correspondence from California Water Service Company regarding Advice Letter No. 1670 filed with the Public Utilities Commission regarding filing changes in its tariff schedules applicable to its Palos Verdes District. RECOMMENDATION: Receive and file. Councilmember Hill moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Lay seconded the motion. In response to Councilmember Black, City Manager Nealis explained that Check No. 16734 (PVP News for advertising) was for public information outreach advertising to comply with components of the National Pollution Discharge Elimination System requirements. Planning Director Schwartz explained that it is a one-quarter page color ad that will run twice per year. City Manager Nealis also explained that that Check No. 16738 (So. Bay Wildlife Rehab) was an honorarium for an upcoming Wildlife Preservation Committee Community event. He indicated that this program of the Wildlife Preservation Committee had been approved by the City Council previously. The motion carried unanimously by those Councilmembers in attendance. Hearing no objection, Mayor Pro Tem Pernell requested that Item No. 8-B be considered at this time on the agenda. NEW BUSINESS RESOLUTION NO. 952: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO CITY COUNCIL RESOLUTION NO. 935 AND APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED SITE PLAN REVIEW REQUEST TO CONSTRUCT AN ADDITION TO A SINGLE FAMILY RESIDENCE, A GUESTHOUSE, A DETACHED GARAGE AND A FUTURE STABLE; GRANTING A VARIANCE REQUEST FOR ENCROACHMENT OF THE GARAGE INTO THE SIDE YARD SETBACK; GRANTING A VARIANCE REQUEST FOR LOCATING THE GUESTHOUSE IN THE FRONT AREA OF A THROUGH LOT; AND GRANTING CONDITIONAL USE PERMITS FOR THE GUESTHOUSE AND THE DETACHED GARAGE AT AN EXISTING SINGLE-FAMILY RESIDENCE IN ZONING CASE NO. 653 AT 40 EASTFIELD DRIVE, LOT 91 -EF. (TONSICH). Minutes City Council Meeting 05/24/04 -1- City Manager Nealis presented the staff report outlining the request for a one-year time extension on the approval of the residential development at 40 Eastfield Drive. Hearing no discussion, Mayor Pro Tem Pennell called for a motion. Councilmember Lay moved that the City Council adopt Resolution No. 952. Councilmember Black seconded the motion, which carried unanimously by those Councilmembers in attendance. SPECIAL PRESENTATIONS PRESENTATION BY PALOS VERDES LIBRARY DISTRICT BOARD OF TRUSTEES PRESIDENT TED PAULSON REGARDING THE LIBRARY DISTRICT BUDGET. Mr. Ted Paulson, President of the Palos Verdes Peninsula Library Board of Directors, introduced Ms. Kathy Gould, Library Director. He provided information regarding the District Budget and the fiscal challenges facing the District. He presented information relative to library usage, services, programs and reductions in revenue sources and expressed that the District Board is concerned that a budget shortfall may cause the District to reduce services. Mayor Pro Tem Pernell thanked Mr. Paulson for his comments and explained the League of California Cities' initiative and negotiations that had taken place between the League of California Cities and the Governor, which may assist local government and special districts. PLANNING COMMISSION ITEMS RESOLUTION NO. 2004-13-A. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF A CONDITIONAL CERTIFICATE OF COMPLIANCE FOR A LOT LINE ADJUSTMENT TO MERGE THREE EXISTING LOTS INTO ONE LOT HAVING ASSESSORS NUMBERS 7567-14-15, 7567-14-16, AND 7567-14-20 LOCATED ADJACENT TO POPPY TRAIL IN ZONING CASE NO. 673, (WOLINSKY/MORRIS). RESOLUTION NO. 2004-13-B. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH WITH AN EXISTING STABLE INTO THE SIDE SETBACK ON THE PARCEL OF LAND HAVING ASSESSORS PARCEL NUMBER 7567-14-16, (LOT 17-A), IN ZONING CASE NO. 673, (WOLINSKY/MORRIS). City Manager Nealis presented the staff report and provided background regarding the property and Planning Commission action relative to Zoning Case No. 673. In response to Councilmember Lay, City Manager Nealis and Planning Director Schwartz explained that the combining of these lots had been reviewed by the RHCA and that there is no impact on a trail in the area due to the proposed easement width. In response to Councilmember Black, the City Manager and Planning Director explained the driveway access to the lot. Hearing no further discussion, Mayor Pro Tem Pernell called for a motion. Councilmember Lay moved that the City Council receive and file Resolution Nos. 2004- 13A&B. Councilmember Black seconded the motion which carried unanimously by those Councilmembers in attendance. RESOLUTION NO. 2004-14. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW APPROVAL FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE TO REPLACE AN EXISTING RESIDENCE IN ZONING CASE NO. 685 AT 3 EUCALYPTUS LANE (LOT 53-RH), (PIEPER). City Manager Nealis presented the staff report and provided background regarding the property and Planning Commission action relative to Zoning Case No. 685. Hearing no discussion, Mayor Pro Tem Pernell called for a motion. Councilmember Lay moved that the City Council receive and file Resolution No. 2004-14. Councilmember Black seconded the motion which carried unanimously by those Councilmembers in attendance. RESOLUTION NO. 2004-15. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW APPROVAL AND CONDITIONAL USE PERMIT FOR GRADING AND CONSTRUCTION OF A NEW BUILDING ON THE SCHOOL DISTRICT PROPERTY, TO BE UTILIZED BY THE. COSTUME CLOSET, IN ZONING CASE NO. 686 AT 38 CREST ROAD WEST, (LOT 74 - MS), (PVPUSD). Minutes City Council Meeting 05/24/04 -2- City Manager Nealis presented the staff report and provided background regarding the property and Planning Commission action relative to Zoning Case No. 686. In response to Councilmember Black, City Manager Nealis explained that the Planning Commission conducted a field review of the property. In response to Mayor Pro Tem Pernell, City Manager Nealis explained that a "no drycleaning" condition was added to the resolution and that a Costume Closet representative had indicated that drycleaning of costumes was done off-site. He also reported that the proposed building would utilitze a sewer system. In response to Councilmember Lay, City Manager Nealis explained the condition that any changes of hours or use of the building would require review and approval by the Planning Commission. Councilmember Lay moved that the City Council receive and file Resolution No. 2004-15. Councilmember Hill seconded the motion which carried unanimously by those Councilmembers in attendance. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS CONSIDERATION OF SAFETY CONSIDERATIONS POSED BY A TREE ADJACENT TO 10 PINE TREE LANE, INCLUDING CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION TO INSTALL AN "IMPAIRED VERTICAL CLEARANCE" SIGN AND OTHER POSSIBLE MEASURES OR ACTIONS. There being no objection, Councilmembers continued consideration of this item at the request of Mr. and Mrs. William Hassoldt. Staff was directed to schedule consideration of this item at a future City Council meeting. CONSIDERATION OF CITY COUNCIL COMMITTEE ASSIGNMENTS. Mayor Pro Tem Pernell presented the Committee Assignments provided by Mayor Heinsheimer. There being no objection, the City Council approved the Committee Assignments as presented. NEW BUSINESS CONSIDERATION OF APPEAL FILED BY MRS. MARIAM HUETE, 36 CHUCKWAGON ROAD, PURSUANT TO ROLLING HILLS MUNICIPAL CODE SECTION 6.24.040, REGARDING AN ORDER TO PERMANENTLY REMOVE A DOG FROM THE CITY. City Manager Nealis presented the staff report presenting information regarding the incident that caused the original confinement order. He also provided background regarding his order for Dr. and Mrs. Ricardo Huete, 36 Chuckwagon Road, to permanently remove their dog from the City and the findings of multiple violations of the confinement order and nature of the original attack that caused him to issue the order. City Attorney Jenkins provided comments regarding the procedures for reviewing the appeal. Officer Dennis Smith, Los Angeles County Department of Animal Care and Control, explained previous complaints regarding the Huetes' dog and commented on his investigation of the most recent complaint filed by Mr. and Mrs. Donovan Black alleging that the Huetes' dog attacked their dog on their property. He indicated that during his investigation he had spoken with all of the other parties in the neighborhood who had provided the comments that are included in the staff report regarding the Huetes' dog. He stated that Mrs. Huete indicated to him that she lets the dog out in the evening for exercise and indicated that he advised Mrs. Huete that this was in violation of the original confinement order. He provided comments regarding his report to the City Manager regarding his investigation and he indicated that he checked the County records earlier in the day and that the dog does not have a current license. In response to Mayor Pro Tem Pernell, Officer Smith explained that he had spoken with persons in the neighborhood who had indicated that they had witnessed the Huetes' dog off their property in violation of the original confinement order. In response to Councilmember Black, Officer Smith indicated that the dog usually remained in the Huetes' house however he had previously seen the dog chained in the front yard. Also in response to Councilmember Black, Officer Smith explained the unpredictable temperament of chows. In response to Mayor Pro Tem Pernell, Officer Smith explained that he had arrived at his original Minutes City Council Meeting 05/24/04 -3- recommendation that the dog continue to be confined to the Huetes' property prior to the City Manager's recommendation and that he would now change that recommendation. Dr. Ricardo Huete, 36 Chuckwagon Road, indicated that he and his family had resided in the City for ten years. He explained that his dog was allowed to roam free for many years and that there had never been an incident until Mr. Long and his family joined the neighborhood about three years ago. He said that when problems arose between the Longs' golden retriever and his dog, that the Longs' dog ventured onto his property many times. He explained an incident when the two dogs encountered each other and began fighting when Mrs. Long was walking her dog. He explained a request by the Longs for him to pay for their dog's veterinarian bills due to this incident as well as another incident and his compliance with these requests. Dr. Huete explained that after their dog was confined to their property due to the previous Animal Complaint Report filed by Mr. Long, that they had constructed a fence on their property. He stated that the dog has been one hundred percent inside their home for the last few months and is only allowed to go out when on a leash. He expressed concern regarding comments made by Mr. Long in letters to the City as well as to other neighbors regarding the temperament of his dog. Dr. Huete explained that the dog has never bitten, attacked or injured a person. He stated that he feels that the most recent incident with the Blacks' dog was an accident caused by a friend of his son leaving the door open not knowing that the dog was not allowed out. He stated that his son and the friend followed the dog down the street and that the dog simply ran into the Blacks' dog and did not attack the dog. He explained that his son and the friend immediately took the dog back home. He stated that he feels that the dog is not a threat to the neighborhood and that this most recent incident is not just cause for his dog to be removed from the City. He further expressed concern about Mr. Long's comments to other neighbors about his dog and stated that he feels that his dog and his family have been portrayed unfavorably. Mrs. Mariam Huete, 36 Chuckwagon Road, commented on visits from the Animal Control Officer and indicated that each time he has visited that the dog had been in the house or chained outside. She indicated that she had told the Animal Control Officer that she had let the dog run late at night after the confinement order was issued. Mrs. Huete expressed concern about her neighbors' perception that her dog is mean and about the letters they had provided about her dog. She explained the incident that occurred between her dog and the Longs' dog and explained that the Longs' dog visits her property frequently and indicated that she had spoken with Mrs. Long about this situation. Mrs. Huete explained further incidents involving other dogs in the neighborhood. She also explained that neighborhood children visit her property and indicated that there had never been an incident with a child involving her dog. Dr. Mark Minkes, 44 Chuckwagon Road, commented on the emotionalism, love and support for animals in the community. He also commented on the rules governing animals in the City and the fact that there is no leash law. He stated that in the absence of a leash law that it is the animal owner's responsibility to ensure that their dog is not dangerous or causes a nuisance on the property of others. Dr. Minkes explained that at one time the Huetes had three chows. He explained an incident in which the Huetes' dogs killed a raccoon on his property. He explained that since that time two of the chows had been voluntarily removed from the City by the Huetes. He further explained the severity of the most recent incident involving the Huetes' remaining chow and other incidents involving the Huetes' chow and other dogs in the neighborhood. He stated that he feels that in the absence of a leash law in the City that dog owners should take responsibility to ensure that their dogs are not threatening. He stated that he feels that the Huetes' dog is vicious and needs to be fully managed. Dr. Minkes stated that he and his neighbors like the Huete family but are concerned about the dog and the danger to the animals and people in the neighborhood. Mr. Dave Long, 40 Chuckwagon Road, stated that the Huetes' previous dogs and the one remaining dog had caused injury to his dog on four occasions that required treatment by a veterinarian. He indicated that he, Mr. Black and Mr. Minkes had discussed the dog issues with the Huetes before he had filed a formal complaint in hopes of taking care of the problem amongst neighbors. He indicated that he had seen the Huetes' dog off their property in violation of the confinement order. Mr. Donovan Black, 39 Chuckwagon Road, commented on the statements made by Dr. and Mrs. Huete. He indicated that he had seen the dog off the Huetes' property in violation of the confinement order at around 5:00 p.m. and not at 11:00 p.m. numerous times as stated by the Huetes. He stated that he feels that the dog is a safety concern to the neighborhood and urged the City Council to uphold the City Manager's order to have the dog permanently removed from the.City. Mrs. Nancy Black, 39 Chuckwagon Road, commented on the statements made by Mrs. Huete regarding the attack on her dog just being an accident. She indicated that she and her husband Minutes City Council Meeting 05/24/04 -4- 1 1 had witnessed the attack. She indicated that she feels that the dog should be removed from the City. Dr. Ricardo Huete, thanked the Council for their time in this matter and stated that they will obey the City Council's decision in this matter. He stated that he feels that the dog is not vicious and that the dog has been in the community for at least 10 years. He stated that the dog had never attacked or bitten a person. He commented on the temperament of chows. He stated that he has taken measures to insure that the dog would remain confined to his property. Mayor Pro Tem Pernell thanked all parties for their comments regarding this matter. He stated that in the absence of a leash law, the responsibility falls on the dog owners to maintain their animals is a manner in which the dog does not become a safety threat or nuisance in the community. He stated that he feels that the evidence submitted supports the upholding of the City Manager's decision that the dog should be removed from the City. In response to Councilmember Black, City Manager Nealis stated that the date of the original confinement order was October 12, 2001. Councilmember Black commented on the responsibility .of residents handle their animals in a responsible manner. Dr. Black commented concerns expressed in a letter submitted by Mrs. Huete expressing that the animal.,complaint was an attack on her and her family. He explained that the complaint and any action of tie City Council was not an attack against the Huetes and expressed personal respect for Dr. Huete. Councilmember Lay moved that the City Council uphold the City Manager's determination that the dog be permanently removed from the City. Councilmember Hill seconded the motion, which carried unanimously by those Councilmembers in attendance. City Manager Nealis reported that a resolution memorializing this decision would be presented at the next City Council meeting. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. At 8:41 p.m. Councilmember Lay requested to be excused from the meeting. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Black commented on a letter dated May 24, 2004 from legal counsel representing Mr. and Mrs. William Hassoldt. He expressed concern about a statement in the letter "that this is nothing other than an attempt on the part of Councilmember Black to harm the Hassoldts". He indicated that this statement is not accurate. He also indicated that there is a statement in the letter that "he does not like the Hassoldts". He stated that he does not know the Hassoldts and therefore does not know if he likes them or dislikes them. He expressed concern about these inaccurate statements of fact being issued without being reputed. City Attorney Jenkins indicated that Councilmember Black's comments will be included in the minutes of this evening's meeting, however, the same comments should be made when this item comes before the City Council and all parties are present. Councilmember Black commented on the meeting tape retention policy and requested that staff prepare a report for City Council consideration regarding the City's policy on minute tape retention. Mayor Pro Tem Pernell commented on his attendance at the California Contract Cities Annual Municipal Seminar recently and requested that staff prepare a Resolution supporting the League of California Cities' initiative to be presented at an upcoming City Council meeting. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY CLOSED SESSION The City Council finds, based on advice from legal counsel, that session will prejudice the position of the local agency in the litigation. Existing Litigation: G.C. 54956.9(a) Judith Hassoldt and William Hassoldt, Individuals, Plaintiffs, vs City al., Los Angeles County Superior Court, Case No. BC275012. No closed session was held Minutes City Council Meeting 05/24/04 -5- discussion in open of Rolling Hills, et. ADTOURNMENT Hearing no further business before the City Council, Mayor Pro Tem Pernell adjourned the meeting at 8:42 p.m. to the next regularly scheduled meeting of the City Council to be held on Monday, June 14, 2004, beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, K Marilyn Kern° Deputy City Clerk 1 1 Minutes City Council Meeting 05/24/04 -6-