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8/23/2004from consideration of a request from the RHCA regarding vehicular safety concerns expressed by Mr. Robert Ruth, 7 Pine Tree Lane over a tree located adjacent to the roadway in front of 10 Pine Tree Lane. Mayor Heinsheimer asked if there was anyone in attendance wishing to oppose the Traffic Commission's recommendation. Hearing none, he called for comments from the City Council. Councilmember Black commented on the Traffic Engineer's original recommendation to the Traffic Commission that the tree be removed. Traffic Engineer Ed Cline stated based on the physical features of the roadway and the close proximity of the tree in question, the only positive solution of the potential conflict of opposing traffic on Pine Tree Lane would be the removal of the Tree. He also explained the other options such as the sign that had been outlined in his recommendation to the Commission. Mr. Cline explained the testimony that had occurred during the Traffic Commission's deliberation of the subject and the comments offered for the retention of the tree. He said that his next recommendation was to warn vehicles of the impaired vertical clearance. He commented on the estimated number of vehicles trips that would be generated to and from the homes at the end of Pine Tree Lane and explained that the likelihood of two vehicles traveling in that location in both directions would be low and that there is good vehicular visibility in that area. In response to Mayor Heinsheimer, Mr. Cline explained that he is comfortable with the current recommendation of the Traffic Commission for an "Impaired Vertical Clearance" sign. In response to Councilmember Black, City Attorney Jenkins explained the private status of the roadways in the City and indicated that the City provides traffic enforcement. He stated the RHCA is responsible for the physical condition of the roadway. He stated that the tree is privately owned by the adjoining property owner and in his opinion, any liability related to this tree would be with the RHCA and/or the property owner. In response to Mayor Pro Tem Pernell, City Attorney Jenkins stated that the recommended traffic safety sign is within the jurisdiction of the City and further explained the RHCA's responsibility for the physical condition of the roadway. In response to Councilmember Black, City Attorney Jenkins explained that the RHCA has independent authority to take its own actions relative to this matter and that the City's actions have no impact on the RHCA. He stated that the RHCA maintains an easement in the area of the subject tree and if they believe that the tree is impairing vehicular access on its easement then the RHCA has the authority to remove the tree. Hearing no further discussion, Mayor Heinsheimer called for a motion. Councilmember Lay moved that the City Council approve the recommendation of the Traffic Commission and authorize staff to place an "Impaired Vertical Clearance" sign on Pine Tree Lane as recommended by the Traffic Commission. Mayor Pro Tem Pernell seconded the motion, which carried unanimously. PUBLIC HEARINGS CONSIDERATION OF RESOLUTION NO. 959: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, 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. City Manager Nealis presented the staff report and Resolution No. 959. Hearing no discussion, Mayor Heinsheimer called for a motion. Councilmember Hill moved that the City Council adopt Resolution No. 959. Councilmember Lay seconded the motion, which carried unanimously. NEW BUSINESS CONSIDERATION OF ASSIGNING AVAILABLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) FUNDS TO THE CITY OF LOMITA. RESOLUTION NO. 960: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ASSIGNING THE AVAILABLE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR 2002-2003, FISCAL YEAR 2003-2004 AND FISCAL YEAR 2004-2005 TO THE CITY OF LOMITA, CALIFORNIA. Minutes City Council Meeting 08/09/04 -3- City Manager Nealis presented the staff report and Resolution No. 960. Hearing no discussion, Mayor Heinsheimer called for a motion. Mayor Pro Tem Pernell moved that the City Council adopt Resolution No. 960. Councilmember Hill seconded the motion, which carried unanimously. CONSIDERATION OF AWARD OF BID TO COMPLETE THE 2004 CITY OF ROLLING HILLS ENGINEERING AND TRAFFIC SURVEY FOR SPEED LIMITS. City Manager Nealis presented the staff report providing information regarding the Engineer and Traffic Survey for Speed Limits and presented information regarding the low bidder. Hearing no discussion Mayor Heinsheimer called for a motion. Councilmember Lay moved that the City Council award this project to Willdan in an amount not to exceed $3,600. Councilmember Hill seconded the motion, which carried unanimously. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY CLOSED SESSION The City Council finds, based on advice from legal counsel, that discussion in open 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 of Rolling Hills, et. al., Los Angeles County Superior Court, Case No. BC275012. No closed session was held. ADJOURNMENT Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting at 7:50 p.m. to the next regularly scheduled meeting of the City Council to be held on Monday, August 23, 2004, beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Marilyn Kern Deputy City Clerk Approved, v Thomas sheimer - Mayor Minutes City Council Meeting 08/09/04 -4- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA AUGUST 23, 2004 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Heinsheimer at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: I Iill, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. Councilmembers Absent: Black (arrived at 8:04 p.m.). Others Present: Craig Nealis, City Manager. Michael Jenkins, City Attorney. Nan Huang, Finance Director. Yolanta Schwartz, Planning Director. Lt. Greg Ahn, LASD, Lomita Station. Captain Dave Courtney, LACFD, Station 56. CONSENT CALENDAR Matters which may be abed 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 August 9, 2004. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. c. Financial Statement for the month of July, 2004. RECOMMENDATION: Approve as presented. d. Consideration of a date for the Annual Holiday Open House. RECOMMENDATION: Approve as presented. e. BFI Recycling Tonnage Report for July, 2004. RECOMMENDATION: Receive and file. Mayor Heinsheimer indicated that Councilmember Black had requested that the minutes of the regular meeting of August 9, 2004 be pulled off of the Consent Calendar. Therefore, Councilmember Hill moved that the City Council approve the remaining recommendations in the Consent Calendar. Councilmember Lay seconded the motion, which carried unanimously by those Councilmembers in attendance. 3-a. Minutes — Regular Meeting of August 9, 2004. This item was held on the agenda. PLANNING COMMISSION ITEMS RESOLUTION NO. 2004-20. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT TO CONVERT AN EXISTING STABLE INTO A CABANA AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 691 AT 2 CINCHRING ROAD, (LOT 5-H) (VIRJEE). City Manager Nealis provided a staff report providing background on the Planning Commission action and approval of the above referenced case. Hearing no objection and there being no discussion, Mayor Pro Tem Pernell moved that the City Council receive and file Resolution No. 2004-20. Councilmember Hill seconded the motion which carried unanimously by those Councilmembers in attendance. TRAFFIC COMMISSION ITEMS None. Minutes City Council Meeting 08/23/04 -1- PUBLIC HEARINGS None. OLD BUSINESS CONSIDERATION OF ORDINANCE NO. 294: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE RELATING TO SPEED LIMITS ON SPECIFIED PRIVATE STREETS (CODIFIES PREVIOUS ACTION OF THE CITY COUNCIL). (FIRST READING AND INTRODUCTION) The City Manager delivered the staff report providing the City Council with background regarding Ordinance No. 294 indicating that this ordinance codifies previous action of the City Council relative to the reduced speed limit on Possum Ridge Road and others below 25 mph. Hearing no discussion, Mayor Pro Tem Pernell moved that the City Council waive further reading and introduce Ordinance No. 294. Councilmember Lay seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Hill, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. NOES: None. ABSENT: Councilmember Black. ABSTAIN: None. This item was continued to the next regular meeting of the City Council scheduled to be held on Monday, September 13, 2004 for consideration of second reading and adoption. The City Council took item No. 8-C, Resolution No. 961 out of order. RESOLUTION NO. 961: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS OFFERING SUPPORT FOR THE EFFORTS OF THE CITY OF RANCHO PALOS VERDES AND THE PALOS VERDES PENINSULA LAND CONSERVANCY TO PRESERVE OPEN SPACE IN THE PORTUGUESE BEND AREA AND CREATE THE PORTUGUESE BEND NATURE PRESERVE. City Manager Nealis introduced the item. Discussion ensued regarding the project by the Palos Verdes Land Conservancy. Palos Verdes Land Conservancy Executive Director Barbara Dye addressed those in attendance. She described the 1,500 -acre nature preserve that will be owned by the City of Rancho Palos Verdes in a public-private partnership with the Land Conservancy managing the property in perpetuity. Executive Director Dye provided the City Council with a description of the funding proposed to acquire the properties which may include $1M from Rancho Palos Verdes, $6M from the Per Capita Park Bond Act Funds through the County of Los Angeles and $2M in Federal Funds. Executive Director Dye described the EIR approval and agreement process that will be considered by the City of Rancho Palos Verdes next week. She also described the property transfer arrangement involving the two private developers for this project and the recreational opportunities that the project will offer. Following discussion, Councilmember Lay moved that the City Council adopt Resolution No. 961. Councilmember Hill seconded the motion, which carried, unanimously by those Councilmembers in attendance. Mayor Heinsheimer directed that Item 10-B be considered at this time. MATTERS FROM MEMBERS OF THE CITY COUNCIL RECONSIDERATION OF A REPORT REGARDING ASSEMBLY BILL NO. 2702 RELATIVE TO SECOND RESIDENTIAL UNITS ON SINGLE FAMILY LOTS. City Manager Nealis provided a staff report providing background and the current status on Assembly Bill No. 2702. Mayor Tom Heinsheimer provided information to those in attendance relative to this subject. Mayor Pro Tem Pernell suggested that the City Council endorse the position of the League of California Cities in opposition to this legislation. Following discussion, which included Minutes City Council Meeting 08/23/04 -2- Councilmember Hill's suggestion that the expression of a position on the legislation be low- key in nature, without objection, the City Council directed that Mayor Heinsheimer call the Governor's office and the local legislators to express the City Council support of the League of California Cities' opposition to AB No. 2702. NEW BUSINESS CONSIDERATION OF APPEAL FILED BY MR. GALEN CRAIG, 29 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 provided the City Council with information relative to the case indicating that Mr. Donovan Black, 39 Chuckwagon Road filed a complaint at City Hall on June 29, 2004 alleging that a dog owned by Mr. and Mrs. Galen Craig, 29 Chuckwagon Road, attacked him on his property on June 20, 2004 at approximately 5:00 p.m. City Manager Nealis indicated that the LA County Department of Animal Care and Control investigated the case pursuant to the Municipal Code and had made affirmative findings indicating that the Craig's dog was responsible for the attack and is unlicensed. City Manager Nealis reported that pursuant to Section 6.24.030, Paragraph B of the Municipal Code, that he was therefore required to order the dog removed from the City. He indicated that the Craig's are appealing both the confinement order and the order to remove the dog from the City. Mayor Heinsheimer opened the hearing. LA County Department of Animal Care and Control Officer Jacqueline Green provided comments relative to her investigation and her affirmative findings in this complaint. She indicated that no licensing records for the past 10 years could be found for this dog and that the owners were unable to produce information relative to veterinary care or rabies vaccinations for the dog. Mr. Donovan Black, 39 Chuckwagon Road, described his attempts to resolve this matter with Mr. and Mrs. Craig prior to filing a formal complaint with the City indicating that since he was not provided veterinary or vaccination records by the Craigs, and could not convince them to confine the dog to their property, he had no choice but to file the formal complaint. Mr. Black indicated that the dog bit him on the back of his left leg when his back was turned without any provocation. He indicated that on two separate occasions prior to this the dog had bared his teeth while he was walking his dog in front of the Craig's property at 29 Chuckwagon Road. Councilmember James Black arrived at 8:04 p.m. Mr. and Mrs. Galen Craig, 29 Chuckwagon Road, addressed the City Council indicating that their dog is timid and was not a harm to the neighborhood. They described the correspondence submitted in the staff report from Mr. and Mrs. Lynn Gill, 31 Chuckwagon Road, Dr. and Mrs. Leonard Swanson, 2 Chesterfield Road and Mr. and Mrs. Wickham, 34 Chuckwagon Road, expressing their support for the dog to remain in the City and describing their positive experiences with their dog. Mr. Craig also indicated that Dr. Ricardo Huete, 36 Chuckwagon Road, was in attendance to offer testimony in support of his dog. Mr. Craig apologized for not licensing the dog and felt that the animal should not suffer for his oversight in not licensing the dog or being able to produce veterinary records. Mrs. Craig described her purchase of the dog from an animal clinic. She indicated that shots were provided at the time the dog was a puppy but that she did not have records of vaccination since that time. Mr. Ricardo Huete, 36 Chuckwagon Road, offered comments in support of the dog and felt that the dog is not a threat to the neighborhood. He reported that the dog does not even visit their property and tends to run back toward the Craig's house when he sees the dog in the street. He expressed that the dog should not be ordered removed from the City. Following discussion, the City Attorney, addressing a question from Mayor Tom Heinsheimer, indicated that the City Council has broad authority in this case and could uphold, modify or sustain the order of the City Manager. Councilmember Black questioned whether Dr. Huete had ever seen the animal in fear or cornered. Dr. Huete indicated that he had not. Councilmember Black requested an opinion from the Animal Control Officer if it is possible that the dog could behave differently when at home versus with people it is unfamiliar with or when it is in an unfamiliar environment. Officer Green indicated that this is possible. Minutes City Council Meeting 08/23/04 -3- In response to the City Council, Officer Green indicated that two things in the case stood out in her mind. First that the dog was very timid and old and appeared to be not in the best of health. She indicated that given the situation, it was possible that a "redirected aggression act" could have been why the dog bit Mr. Black. Further, Officer Green indicated the health of the dog and the age and the experience with Mr. Black are indications of concern in this situation. Officer Green described hair loss and skin conditions on the dog that need to be addressed. Mr. Craig indicated that the dog has visited a vet since the quarantine was lifted following the incident. He felt that the dog was friendly with his kids, neighbor kids and that it would be unfair to order the dog removed from the City. Following discussion, Mayor Heinsheimer closed the public comment portion of this case. Mayor Pro Tem Pernell felt that the facts were undisputed and that there was a clear violation of licensing, lack of vaccinations and that the bite by Mr. Craig's dog did take place. Councilmember Hill commented on the lack of licensing and the fact that the City advertises in its Newsletter the Women's Club Rabies Clinic at City Hall each year and that this was an easy and convenient way to license and vaccinate pets. Following discussion, a motion was made by Councilmember Lay to amend the order of the City Manager and require the Craig's to permanently confine their dog to their property and supply evidence of proper licensing and vaccinations within the next fifteen (15) days. Councilmember Hill seconded the motion. Discussion ensued regarding whether the City Council could order the dog automatically removed if it ventured off of the property. City Attorney Jenkins indicated that there are procedures in the Municipal Code for the City Manager to follow in that event. Discussion ensued regarding what type of confinement would be appropriate. City Manager Nealis indicated that people use fencing or electronic collars at their discretion. This motion carried by the following roll call vote: AYES: Councilmembers Hill, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. NOES: Councilmember Black. ABSTAIN: None. ABSENT: None. CONSIDERATION OF FUNDING OF THE TRAFFIC CONTROL OFFICER REGIONAL SERVICES. City Manager Nealis provided the staff report and background regarding this request by Councilmember Black to have this subject on the agenda. Councilmember Black indicated that he had heard that the City of Rancho Palos Verdes was not interested in continuing funding this service. City Manager Nealis indicated that he had not heard this but previously, the City of Rancho Palos Verdes had discussed reducing funding of the CORE Team and that Rolling Hills Estates had discussed the funding level of the Students and the Law Program. Hearing no further discussion, this report was received and filed by the City Council. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Mr. Donovan Black, 39 Chuckwagon Road, indicated that the previous dog ordered removed from the City was responsible for the wounds on the Craig dog. Minutes — Regular Meeting of August 9, 2004. Councilmember Black requested clarification from the Traffic Engineer relative to his recommendation for the tree on Pine Tree Lane. He indicated that the minutes seem to indicate that his original recommendation to remove the tree has not changed. Mayor Heinsheimer requested that the minutes of August 9, 2004 be held on the agenda and that staff clarify this matter at the next City Council meeting. Councilmember Hill felt that the Traffic Engineer's original recommendation was to remove the tree but after looking at specific measurements relative to the tree in relation to the roadway, did not feel that the tree was a major problem. Minutes City Council Meeting 08/23/04 -4- 1 7 L 1 1 1 MATTERS FROM STAFF None. MATTERS FROM MEMBERS OF THE CITY COUNCIL STATUS REPORT FROM THE PERSONNEL SUBCOMMITTEE RELATIVE TO EMPLOYEE BENEFITS. Subcommittee Member Lay provided a brief report indicating that the Subcommittee will meet in the Fall to consider this subject and provide another report to the City Council. There being no objection, the report was received and filed. Councilmember Black asked LA County Fire Department Captain Courtney about the status of the brush clearance compliance in the City. Captain Courtney indicated that there are approximately 6 properties on his list that are currently not in compliance and that he is working with those property owners to gain compliance. Mayor Heinsheimer discussed the potential for clearing canyons as a way of mitigating fire hazards. Following discussion, the Captain was requested to think of ways to reduce the fire load in canyons and report back. Mayor Pro Tem Pernell requested that the BFI negotiating team include a fall clean-up in the renegotiations for the next contact. 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. ADIOURNMENT discussion in open of Rolling Hills, et. Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting at 8:52 p.m. to the next regularly scheduled meeting of the City Council to be held on Monday, September 13, 2004, beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, ra g4ealis City Manager/City Clerk A mer Mayor Minutes City Council Meeting 08/23/04 -5-