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11/28/2005MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA NOVEMBER 28, 2005 An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pernell at 8:10 a.m. at 25 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. Councilmembers Absent: None. Others Present: Craig Nealis, City Manager. Yolanta Schwartz, Planning Director. Dale McHattie, Bolton Engineering PUBLIC HEARINGS – Continued ZONING CASE NO. 708 MR. AND MRS. PHILIP CHO, 25 PORTUGUESE BEND ROAD, (LOT 89-A-RH). SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF AN ADDITION TO AN EXISTING SINGLE FAMILY RESIDENCE, A SPORTS COURT AND A GUEST HOUSE; CONDITIONAL USE PERMITS TO CONSTRUCT A SPORTS COURT AND A GUEST HOUSE AND A VARIANCE TO LOCATE THE SPORTS COURT IN THE FRONT YARD AREA AT AN EXISTING SINGLE FAMILY RESIDENCE. Planning Director Yolanta Schwartz provided an overview of the lot and the application. Councilmembers inspected the area on the property for the proposed sports court. Councilmembers discussed the potential benefits of lowering the court and providing permission from the applicant to modify their plan and create a terraced wall design at the west end of the court. Following discussion regarding new trees, the visibility of the court from Portuguese Bend Road, grading quantities and grading design of the proposed court, Councilmembers requested staff have a resolution of approval for this case available for consideration at the meeting to be held later that evening at City Hall. Mayor Godfrey Pernell and Mayor- Pro Tem Allen Lay left the meeting at 8:30 a.m. Councilmembers James Black, Frank Hill and Tom Heinsheimer inspected the location of the proposed guesthouse. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM STAFF None. ADIOURNMENT There being no further business before the City Council, the meeting was adjourned at 8:45 a.m. to a regular meeting of the City Council scheduled to be held on Monday, November 28, 2005, beginning at 7:30 p.m. in the City Council Chambers at City hall, 2 Portuguese Bend Road, Rolling Hills, CA. --.7 — Minutes City Council Adjourned Regular Meeting 11/28/05 Respectfully submitted, - �14 Crag R. Nealis City Manager -1- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA NOVEMBER 28, 2005 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor 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, Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. Councilmembers Absent: None. Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Nan Huang, Finance Director. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. 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. Regular Meeting of November 14, 2005. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. c. Financial Statement for the month of October, 2005. RECOMMENDATION: Approve as presented. d. BFI Recycling Tonnage Report for October, 2005. RECOMMENDATION: Receive and file. Councilmember Heinsheimer moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Hill seconded the motion, which carried unanimously. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS - Continued ZONING CASE NO. 708 MR. AND MRS. PHILIP CHO, 25 PORTUGUESE BEND ROAD, (LOT 89-A-RH). SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF AN ADDITION TO AN EXISTING SINGLE FAMILY RESIDENCE, A SPORTS COURT AND A GUEST HOUSE; CONDITIONAL USE PERMITS TO CONSTRUCT A SPORTS COURT AND A GUEST HOUSE AND A VARIANCE TO LOCATE THE SPORTS COURT IN THE FRONT YARD AREA AT AN EXISTING SINGLE FAMILY RESIDENCE. City Manager Nealis presented the staff report outlining the applicants' request and providing background regarding the proposed development. He indicated that the City Council had viewed the proposal in the field earlier in the day and that a resolution upholding the Planning Commission's decision in this case had been prepared by staff at the direction of the City Council and placed before the City Council for review this evening. Mayor Pernell opened the public hearing. Hearing no testimony or discussion, he called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 1000 upholding the Planning Commission's decision in this case. Mayor Pro Tem Lay seconded the motion which carried unanimously. Minutes City Council Meeting 11/28/05 -1- OLD BUSINESS RESOLUTION NO. 999: A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A PLAY AREA AND A RECREATION ROOM, A CONDITIONAL USE PERMIT TO CONSTRUCT THE RECREATION ROOM AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 711, AT 2 OUTRIDER ROAD, (LOT 70 -A -EF), (KIM). City Manager Nealis presented Resolution No. 999 and indicated that it had been prepared at the direction of the City Council at their last meeting. Hearing no discussion, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 999. Councilmember Hill seconded the motion which carried unanimously. NEW BUSINESS REQUEST FOR FIVE-YEAR TIME EXTENSION FOR A TENTATIVE PARCEL MAP NO. 22333 TO SUBDIVIDE ONE EXISTING LOT INTO 2 SINGLE-FAMILY RESIDENTIAL LOTS IN ZONING CASE NO. 665, SUBDIVISION NO. 85, DR. AND MRS. REINHOLD ULLRICH. CONSIDERATION OF RESOLUTION NO. 998: " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO RESOLUTION NO. 947 AND APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED TENTATIVE PARCEL MAP NO. 22333, SUBDIVISION NO. 85, A REQUEST TO SUBDIVIDE ONE EXISTING LOT TOTALING 5.15 ACRES INTO 2 SINGLE-FAMILY RESIDENTIAL LOTS LOCATED AT 5 PINE TREE LANE IN ZONING CASE NO. 665. City Manager Nealis presented the applicants' request for a time extension and Resolution No. 998. Hearing no discussion, Mayor Pernell called for a motion. Councilmember Black moved that the City Council adopt Resolution No. 998. Councilmember Heinsheimer seconded the motion, which carried unanimously. In response to Mayor Pernell, City Manager Nealis explained that the tentative parcel map instructions would remain, however any residential development on the subdivided lot would fall under the zoning rules and regulations at the time a project is proposed. CONSIDERATION OF APPEAL FILED BY MR. FRANK ROBINSON, 1 GEORGEFF 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 providing background regarding the Animal Complaint Report filed by Mrs. Goetz and the Animal Control Officer's investigation of the incident. He commented on a previous incident that had occurred involving aggressive behavior exhibited by Mr. Robinson's dogs. He indicated that this incident was unsubstantiated at that time, however, Mr. Robinson did make repairs to the electronic fencing on his property and agreed to confine the dogs to his property on a voluntary basis. Officer Jacqueline Green, Los Angeles County Department of Animal Care and Control, explained her investigation of the incident and provided the recommendation that the dog be removed from the City per the Rolling Hills Municipal Code. She explained that, in general dogs could benefit from training by a dog behaviorist but that it is not possible to guarantee that a specific dog would never bite again. Discussion ensued regarding the fencing installed on Mr. Robinson's property and the RHCA and City fencing regulations. Mr. Frank Robinson, 1 Georgeff Road, explained the installation of fencing on his property to keep his dogs confined. He further explained that he had the electronic fence on the entire perimeter of his property rebuilt and tested and that he and his gardener have been trained to ensure that the fence is operating properly. He stated that he feels that the dog involved in the attack on Mrs. Goetz is friendly. He commented on the behavior of both of the dogs on his property and reiterated that the dog involved in the attack is very friendly. Mr. Robinson explained that he did not know that his dog was unlicensed and indicated that he has now Minutes City Council Meeting 11/28/05 -2- provided all proof of required inoculations for his dog and has applied for appropriate licensing. He also explained that Officer Green had offered to give him the name of several animal trainers and that he intends to have his dog trained to not bite. He stated that he feels that with the training, the fence along the trail and the electronic fencing on his property that his dog would remain confined. Following discussion by the City Council regarding City and RHCA fencing regulations and the facts in this case, this item was continued to the January 9, 2006 meeting of the City Council at which time a report would be provided regarding efforts made by Mr. Robinson relative to dog behavioral training, review of the dog behavioral training by the Los Angeles County Department of Animal Care and Control Investigating Officer; operation of the electronic perimeter fencing system and the adequacy/ regulations regarding the chain link fence on the property to confine the dog; and efforts to maintain the dog confined. The dog was ordered to remain confined, or under the control of a leash if off of the property during the appeal process. CONSIDERATION OF RESPONSE FROM THE CITY OF ROLLING HILLS ESTATES REGARDING CROSSING GUARD SERVICES AT THE INTERSECTION OF PALOS VERDES DRIVE NORTH, PORTUGUESE BEND ROAD AND ROLLING HILLS ROAD. City Manager Nealis presented the staff report outlining the response from the City of Rolling Hills Estates regarding crossing guard services at the intersection of Palos Verdes Drive North, Portuguese Bend Road and Rolling Hills Road. He indicated that correspondence from Dr. Lynn Gill, 31 Chuckwagon Road, regarding his observations related to this intersection had been placed before the City Council this evening. Councilmember Black reported that several Rolling Hills residents had conducted a crossing activity survey at this intersection and that this data will be shared with the City. He indicated that the initial counts show that there have been 60-70 crossings in the afternoon, which is in excess on the crossings observed by Rolling Hills Estates' Traffic Engineer in September, 2004. Following discussion, staff was requested to forward crossing activity data that is being compiled by Rolling Hills resident volunteers to the City of Rolling Hills Estates when it is submitted and, at that time, request an additional formal crossing activity survey of the intersection to be funded by the City of Rolling Hills. Staff was also requested to forward the letter from Dr. Lynn Gill to the City c f Rolling Hills Estates. CONSIDERATION OF RECOMMENDATION FROM THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE TO PURCHASE AUTOMATED CITATION TECHNOLOGY EQUIPMENT. City Manager Nealis presented the staff report outlining the recommendation from the Palos Verdes Peninsula Regional Law Enforcement Committee. Hearing no discussion, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council approve the recommendation from the Palos Verdes Peninsula Regional Law Enforcement Committee to purchase automated citation technology equipment. Mayor Pro Tem Lay seconded the motion which carried unanimously. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Mayor Pernell suggested that the City Council conduct a joint study session with the Planning Commission. There being no objection, staff was directed to coordinate this event. Mayor Pemell commented on the status of the automatic defibrillators. He reported on the lifesaving features of these devices. Staff was directed to investigate whether the Sheriff's Department had deployed these devices in their patrol cars. Discussion ensued regarding the RHCA's investigation into the purchase of automatic defibrillators. City Attorney Jenkins reported that there is a statute providing immunity to persons deploying defibrillators. Staff was authorized to review the file on this subject and purchase a unit. MATTERS FROM STAFF None. Minutes City Council Meeting 11/28/05 -3- MATTERS FROM THE CITY ATTORNEY At 8:28 p.m. the City Council recessed into closed session. 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. G.C. 54956.9(a) Y Hui -Tse Sheen, Individual, Plaintiff, vs City of Rolling Hills, Rolling Hills Community Association, et. al., Los Angeles County Superior Court, Case No. YC051963. In the matter of the City of Rolling Hills Application for Abatement Order, Los Angeles County Superior Court. At 9:19 p.m. the City Council returned to open session. City Attorney Jenkins reported that the City Council discussed the items listed on the closed session agenda and that no reportable action was taken in closed session. ADJOURNMENT Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 9:25 p.m. in memory of long time Rolling Hills resident John Bennett to a regular meeting of the City Council on Monday, December 12, 2005, beginning at 8:00 a.m. at 25 Portuguese Bend Road, Rolling Hills, California. Minutes City Council Meeting 11/28/05 Respectfully submitted, Marilyn tern Deputy City Clerk -4-