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2/27/2006MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA FEBRUARY 27, 2006 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pro Tem Lay at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. 2. ROLL CALL Councilmembers Present: Black, Heinsheimer, Hill, and Mayor Pro Tem Lay. Councilmembers Absent: Mayor Pernell (excused). Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Nan Huang, Finance Director. Marilyn Kern, Deputy City Clerk. Captain Jay Zuanich, 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 - (1) Adjourned Regular Meeting of February 13, 2006 and (2) Regular Meeting of February 13, 2006. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of January, 2006. RECOMMENDATION: Approve as presented. d. BFI Recycling Tonnage Report for January, 2006. RECOMMENDATION: Receive and file. Councilmember Hill moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Heinsheimer seconded the motion which carried unanimously by those Councilmembers in attendance. PLANNING COMMISSION ITEMS RESOLUTION NO. 2006-02. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW TO CONSTRUCT AN ADDITION AND GRANTING A VARIANCE TO PERMIT A PORTION OF THE ADDITION TO ENCROACH INTO THE SOUTH SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 719, AT 16 GEORGEFF ROAD, (LOT 6 -GF), (BEILKE). City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property and Planning Commission action relative to Zoning Case No. 719. Councilmember Heinsheimer moved that the City Council receive and file Resolution No. 2006-02. Councilmember Hill seconded the motion. In response to Councilmember Black, Planning Director Schwartz explained and identified the existing concrete walkway and 3 -rail fence on the property. Councilmember Black stated that he feels that the applicant should be required to relocate the portions of the fence that are in the easement. In response, staff requested a moment to review the applicable section of the Municipal Code realting to to perimeter fences. The City Council withheld consideration of this agenda item until later in the meeting and proceeded with th& other maters on the agenda. TRAFFIC COMMISSION ITEMS None. Minutes City Council Meeting 02/27/06 -1- PUBLIC HEARINGS ZONING CASE NO. 717 SUBDIVISION NO. 90, AND TENTATIVE PARCEL MAP NO. 27078„ A REQUEST TO SUBDIVIDE AN EXISTING LOT TOTALING 8.45 ACRES INTO 2 PARCELS THAT WILL NOT BE LESS THAN 2 ACRES NET EACH WHERE THERE IS ONE EXISTING SINGLE FAMILY RESIDENTIAL DEVELOPMENT AND ACCESSORY USES AND REQUEST FOR A VARIANCE TO ALLOW PARCEL 2 TO HAVE LESS THAN THE MINIMUM REQUIRED WIDTH. THE PROPERTY IS LOCATED AT 20 UPPER BLACKWATER CANYON ROAD (LOT 101-RH) AND IS BEING IMPLEMENTED BY MR. AND MRS. KAZARIAN. Councilmember Black indicated that he would abstain from consideration of this subdivison due to the proximity of his residence to the subject property and took a seat in the audience to participate as a resident. City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property and Planning Commission action relative to the proposed subdivision. Mayor Pro Tem Lay opened the public hearing and indicated that the City Council would be conducting a field review of the proposed subdivison. Mrs. Marianne Wishner, 31 Potuguese Bend Road, indicated that the proposed new pad is located in her view from her propoerty. She quired where the propety lines fall as they meet Upper Blackwater Canyon Road. Mayor Pro Tem Lay indicated that this issue could be reviewed at the field trip. He stated that the lot lines and pad will be marked for viewing at the field trip meeting. Hearing no further discussion, Mayor Pro Tem Lay continued the public hearing to a field review scheduled to be held on Monday, March 13, 2006 beginning at 8:00 a.m. subject to the availability of Mayor Pernell. Councilmember Black joined the City Council to continue consideration of the other business on the agenda. PLANNING COMMISSION ITEMS - Continued RESOLUTION NO. 2006-02. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW TO CONSTRUCT AN ADDITION AND GRANTING A VARIANCE TO PERMIT A PORTION OF THE ADDITION TO ENCROACH INTO THE SOUTH SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 719, AT 16 GEORGEFF ROAD, (LOT 6 -GF), (BEILKE). Mayor Pro Tem Lay announced that the City Council would continue consideration of Zoinng Case No. 719 and Resolution No. 2006-02. Counclmember Black expressed concern about the existing fence within the easement on this property. City Attorney Jenkins stated that the fence in question was pre-existing non -conforming and therefore the City did not have the authority to order the relocation of the fence in connection with the Site Plan Review/Variance approval. City Manager Nealis explained that Caballeros representatives participate in Planning Commission meetings and generally express concerns over easement issues to the Commission and were present when this Resolution was adopted but did not express a concern. Councilmember Black indicated that representatives of Caballeros are not always present at Commission meetings. After brief discussion, the prevous motion by Councilmember Heinsheimer which was second by Councilmember Hill to receive and file Resolution No. 2006-02 carried unanimously by those Councilmembers in attendance. Staff was directed to include a staff report on the City Council/ Planning Commission Joint Meeting agenda regarding existing 3 -rail fences in easements on properties under Planning Commission discretionary review. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF APPEAL FILED BY MR. MARK THOMAS, 1 WRANGLER ROAD, PURSUANT TO ROLLING HILLS MUNICIPAL CODE SECTION 6.24.040, REGARDING AN ORDER TO PERMANENTLY REMOVE A DOG FROM THE CITY. Minutes City Council Meeting 02/27/06 -2- City Manager Nealis presented the staff report providing background regarding the animal complaint report filed by Dr. Lloyd Miller, 3 Pinto Road, the investigation regarding this incident by the Los Angeles County Department of Animal Care and Control and Mr. Thomas' appeal of the City Manager's order that the dog must be removed from the city. He explained definitions of "attack" in the Municipal Code and the provisions that require him to order the removal of a dog from this City if it is proven that it has been involved in an attack on a person or animal and it is unlicensed. He further reported that at the time of the incident, both dogs were unlicensed. Officer Jacqueline Green, Los Angeles County Department of Animal Care and Control, commented on her investigation. She indicated that she had interviewed all parties and visited with the Akita -mix dog owned by the Thomas'. She reported that she feels that the dog is friendly and that she is unaware of .any previous complaints against the dog. In response to Councilmember Heinsheimer, Officer Green explained that since the incident, the Millers had obtained a license for their dog however she could not find record of a license application for the Thomas' dog at this time, but that this may be due to a backlog at the County. Councilmember Heinsheimer commented on the letter from Mr. Thomas outlining the efforts taken to train their dog and confine the dog to their property. Officer Green explained her inspection of the mesh fencing on the property. She indicated that she observed the dog interacting with another dog on the property and that a problem did not occur. Mr. Mark Thomas, 1 Wrangler Road, explained that he has nothing to add that is not contained in his appeal letter. He stated that they always confine and cable the dog on their property, but it had inadvertently escaped on the day of the incident. He stated that he had hired a trainer for the dog and that his wife had obtained a license for the dog. Councilmember Black queried Mr. Thomas as to why they routinely confine the dog to their property. Mr. Thomas indicted that the dog wanders and the cable that is used to keep the dog confined as an extra precautionary measure. Dr. Lloyd Miller, 3 Pinto Road, explained the incident between the Thomas' dog and his dog. He expressed concern that the dog would injure children playing in the area. He indicated that the dog attacked in silence and was not provoked. He described the injuries to his dog, veterinary treatment and secondary injuries to himself incurred as he separated the dogs. Mrs. Catherine Partridge, 69 Portuguese Bend Road, explained that other dogs play in the area of her property and that the Thomas' dog comes by from time to time, but acts in a manner that is not interactive with the other dogs. She expressed concern that the dog would injure children playing in the area. She expressed that the dog is from a pound and that nobody knows the history of the dog. Mrs. Mimi Hartwig -Miller, 3 Pinto Road, further explained the incident and expressed concern that the dog could escape confinement again and harm someone else. Officer Green explained aggressive animal behavior and the temperament tests she conducted on the Thomas' dog. She stated that in her experience, dog to dog aggression does not translate to dog to human aggression. Mr. Thomas stated that the dog had been purchased from a pet store and that it is a mixed breed Akita. He explained when he was discussing the incident with Dr. Miller, the Miller's dog was in the car and barked at him. He speculated that the behavior of the Miller's dog may have contributed to the incident. Discussion ensued regarding the City Council's options in this case and their recent handling of another animal complaint incident. City Manager Nealis explained the Municipal Code Section relating to actions to be taken by the City Manager in dog attack incidents and the options available to the City Council. There being no objection, the appeal was continued for 60 days and staff was directed to prepare a report for City Council review regarding the effectiveness of the fencing on the property to keep the dog confined and the evaluation of dog behavioral training by the Los Angeles County Department of Animal Care and Control. CONSIDERATION OF A RECOMMENDATION FROM THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE FOR ADDITIONAL REGIONAL TRAFFIC ENFORCEMENT. City Manager Nealis presented the staff report outlining the Palos Verdes Peninsula Regional Law Enforcement Committee's recommendation for additional regional traffic enforcement. Minutes City Council Meeting 02/27/06 -3- Discussion ensued regarding the current special traffic enforcement conducted in the City. Councilmembers also discussed the dedicated traffic enforcement in Rancho Palos Verdes. Captain Zuanich explained that this additional traffic enforcement would be conducted after 2:00 p.m. on weekdays and on weekends. Mayor Pro Tem Lay indicated that the recommended services will enhance the Rolling Hills specialized traffic enforcement and the City Council could adjust that specialized level of service if needed. Hearing no further discussion, Mayor Pro Tem Lay called for a motion. Councilmember Heinsheimer moved that the City Council approve the recommendation of the Palos Verdes Peninsula Regional Law Enforcement Committee for additional regional traffic enforcement and directed staff to include the appropriate funds in the FY 2006-07 Budget. Councilmember Black seconded the motion which carried unanimously by those ■ Councilmembers in attendance. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Mayor Pro Tem Lay commented on correspondence received from Mrs. Kathleen Bethencourt regarding fund raising efforts for a new swimming pool at Palos Verdes High School and requested that this item be placed on the next City Council Agenda for discussion. MATTERS FROM STAFF City Manager Nealis reported on three recent vehicle burglaries that occurred in the City. He indicated that additional articles would be placed in upcoming Citywide Newsletters warning residents about crimes of opportunity. 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. G.C. 54956.9(a) 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. No closed session was held. City Attorney Jenkins reported that the appeal to the nuisance abatement proceedings by the owner of 1 Poppy Trail was dismissed by the court but that the owner of 1 Poppy Trail will continue with his lawsuit against the City. ADIOURNMENT Hearing no further business before the City Council, Mayor Pro Tem Lay adjourned the meeting at 8:20 p.m. to an adjourned regular meeting of the City Council scheduled to be held on Monday, March 13, 2006, beginning at 8:00 a.m. for the purpose of conducting a field review for the subdivision at 20 Upper Blackwater Canyon Road, Rolling Hills, California. Approved, /6 B. Allen ay Mayor Pro Tem Minutes City Council Meeting 02/27/06 Respectfully submitted, Marilyn Kern Deputy City Clerk -4-