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.
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Minutes
City Council Adjourned Regular Meeting
11/28/05
Respectfully submitted,
- �14
Crag R. Nealis
City Manager
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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.
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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
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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.
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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
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