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10/10/1994 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA OCTOBER 10, 1994 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., on Monday, October 10, 1994, in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Hill, Lay, Murdock, Mayor Pro Tem Pernell, and Mayor Heinsheimer. Councilmembers Absent: None. Others Present: Craig R. Nealis, City Manager. Michael Jenkins, City Attorney. Larry Courtright, City Treasurer. Lola Ungar, Principal Planner. Marilyn Kern, Deputy City Clerk. Jim Fry, Los Angeles County Mechanical & Plumbing Section, Department of Public Works. Lt. Ray Gonzales, Los Angeles County Sheriff's Department, Lomita Station. Lt. Douglas Buck, Los Angeles SPCA. Officer Helen Bosaz, Los Angeles SPCA. 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 9/26/94. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. c. Correspondence from Sanitation Districts of Los Angeles County regarding results of a recent Household Hazardous Waste Collection Day. RECOMMENDATION: Receive and file. Councilmember Murdock moved approval of the recommendations contained in the Consent Calendar. Councilmember Hill seconded the motion which carried unanimously. y PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS CONSIDERATION OF TRAFFIC COMMISSION RECOMMENDATION FOR AWARD OF BID FOR FY 94-95 REPLACEMENT OF TRAFFIC STRIPING AND PAVEMENT MARKINGS. __ City Manager Nealis presented the staff report outlining the Traffic Commission's recommendation. Councilmember Pernell moved that the City Council approve the recommendation of the Traffic Commission and award the FY 94-95 Replacement of Traffic Striping and Pavement Markings Project to IPS Services, Inc. in an amount not to exceed $11,962.21. Councilmember Lay seconded the motion which carried unanimously. Minutes City Council Meeting 10/10/94 -1- CONSIDERATION OF TRAFFIC COMMISSION RECOMMENDATION TO CONDUCT A TRAFFIC SPEED SURVEY ON CREST ROAD. City Manager Nealis presented the staff report outlining the Traffic Commission's recommendation. Mayor Pro Tem Pernell expressed concern that the recommendation for a speed survey is for a limited area and suggested that the area surveyed could be expanded to include other areas of the City. Mayor Pro Tem Pernell also expressed concern that this if this interim survey were to be expanded, it would then take precedence over the speed zone survey conducted every five years. Discussion ensued regarding the benefit of such a survey. In response to Councilmember Lay, City Manager Nealis explained the speed zone survey that is conducted every five years, as well as the process that is used to conduct a speed zone survey. Mayor Pro Tem Pernell suggested that the Traffic Commission review their recommendation and consider expanding the survey to other areas of the City. Councilmember/Traffic Commission Chair Hill reported on the Traffic Commission's rationale for the recommendation and stated that he would be happy to have the Commission review this issue again. Hearing no objection, Mayor Heinsheimer ordered that this item be tabled pending further investigation by the Traffic Commission relative to expanding the survey to other areas of the City. CONSIDERATION OF TRAFFIC COMMISSION RECOMMENDATION FOR TRAFFIC SAFETY IMPROVEMENTS AT THE GATED ENTRANCES TO THE CITY. City Manager Nealis presented the staff report and explained that after reviewing the recommendations for the main gate, he would respectfully request to amend the recommendation for the Main Gate to not include moving the location of the stop sign at thi location since it was inaccurately measured by the Traffic Engineer and currently meets the safet recommendations of the Traffic Engineer and Traffic Commission. In response to Mayor Heinsheimer, City Manager Nealis reported that this item has been discussed with Community Association Manager Peggy Minor. Councilmember Murdock moved that the City Council approve the recommendations of the Traffic Commission for traffic safety improvements at the gated entrances to the City. Mayor Pro Tem Pernell seconded the motion which carried unanimously. PUBLIC HEARINGS None. OLD BUSINESS CONSIDERATION OF AMENDMENT TO THE JOHNS CANYON ROAD/CHESTNUT LANE SANITARY SEWER REIMBURSEMENT DISTRICT NO. 93-1 AGREEMENT. Councilmember Lay moved that the City Council adopt Resolution No. 751 amending the Johns Canyon Road/Chestnut Lane Sanitary Sewer Reimbursement District Agreement. Councilmember Hill seconded the motion which carried unanimously. Mayor Pro Tem Pernell suggested that the City Council applaud the efforts of the property owners involved in the Sewer Reimbursement District. Staff was directed to prepare correspondence to the property owners in the District, for the Mayor's signature, congratulating them on their accomplishment. Minutes City Council Meeting 10/10/94 -2- 1�]E1�1 l��T��l�IE�� Hearing no objection, Mayor Heinsheimer requested that New Business Item A, Consideration of an appeal by Eli Mitchell relative to affirmative findings under Section 6.24.020 of the Rolling � Hills Municipal Code be held until later on the agenda Mayor Heinsheimer then continued to ' New Business, Item C: CONSIDERATION OF AMENDMENT TO CITY OF ROLLING HILLS PERSONNEL POLICY, PARAGRAPH L (3) RELATING TO ACCRUAL OF VACATION TIME. City 1Vlanager Nealis presented the staff report. Hearing no discussion, Mayor Pro Tem Pernell moved that the City Council approve the amendment to the City of Rolling Hills Personnel Policy, Paragraph L (3) relating to accrual of vacation time. Councilmember Murdock seconded the motion which carried unanimously. A. CONSIDERATION OF AN APPEAL BY ELI 1VIITCHELL RELATIVE TO AFFIRMATIVE FINDINGS UNDER SECTION 6.24.020 OF THE ROLLING HILLS MUNICIPAL CODE CAUSING THE PERMANENT CONFINEMENT OF DOGS TO PROPERTY LOCATED AT 23 GEORGEFF ROAD. City Manager Nealis presented the staff report explaining the background on this case and the Municipal Code requirements relative to this type of complaint. In response to Mayor Pro Tem Pernell, City Manager Nealis explained that the appeal is based on the fact that Mr. Mitchell did not feel that the investigation was thorough and that he doubts the validity of the injuries suffered by Dr. Wolinsky's dog. IVlayor Heinsheimer indicated that the interested parties could come forward and offer a brief statement to the City Council. � Dr. Sam Wolinsky, 8 Reata Lane, explained the comments as stated in the documents he submitted to the City. Dr. Wolinsky also presented a letter from his son, Dr. Mauro M. Wolinsky relative to the wounds received by his dog and a letter from Ms. Kathryn Moller, I'I 6924 Cavillier Rd., Malibu, CA, a family friend who stays with the Wolinsky's on occasion, relative to her dogs being chased by the Mitchell's dogs. Dr. Wolinsky indicated that he stated that he has spoken to Mr. Mitchell about his concern regarding the dogs behavior and offered a suggestion to Mr. Mitchell that he build a fence around his property. He stated that he feels that Mr. Mitchell was not receptive to his suggestion. � Mrs. Tinka Cramer, 11 Georgeff, explained an incident involving her dogs being charged by the Mitchell dogs last Tuesday while these dogs were supposed to be confined to the Mitchell's property. She also stated that the larger Mitchell dog had previously bitten her housesitter however, the SPCA could not substantiate this incident following an investigation. Mrs. Cramer stated that it is upsetting to her that the dogs hide under the bushes and charge at her and her dog when they walk by. City Manager Nealis stated that he has an affidavit filed by Mrs. Cramer's housesitter in February, 1991, which was mentioned by Mrs. Cramer. City Manger Nealis noted that the SPCA could not determine the owner of the dog because the description on the affidavit did not match the Mitchell dog. � Mr. Eli Mitchell, 23 Georgeff Road, explained the incident referred to by Mrs. Cramer as it relates to the description of the dog on that affidavit. He stated that there are quite a few dogs �- � in the neighborhood matching the description on that affidavit and that he received a letter from the City exonerating his dog in that particular incident. Mr. Mitchell further stated that he encounters many dogs when he is out jogging and that he does not consider these as attacks. He explained his comments in his letter of September 16, 1994, and stated that he feels that the allegations set forth in the affidavit filed by Dr. Wolinsky are not true. He stated all dogs in the neighborhood bark at passers-by and that this has been a regular occurrence which has been going on for years. Mr. Mitchell stated that he has been physically restraining Minutes City Council Meeting 10/10/94 -3- the dogs for sometime now, in the spirit of being a good neighbor. He stated that he was out of town on the day in question and that the dog must not have been chained at the time of the incident. He indicated that he is willing to cooperate with his neighbors and voluntarily restrain the dog. He also stated that he is willing to voluntarily construct a dog run on his property however, he objects to the manner in which this situation has been handled. Mr. Mitchell stated that he remembered the conversation he had with Dr. Wolinsky one and one half years ago and that he told him then that it would be very difficult to fence his entire yard. In response to Councilmember Lay, Mr. Mitchell stated that he thought that Mrs. Cramer was. ,�a referring to the white terrier and not the German Shepherd mix dog. Mr. Mitchell furtheL explained that he has been restraining the larger dog but not the white terrier because it usuall . stays by the side of the larger dog. y City Manager Nealis explained that it was his determination was to confine both dogs to the Mitchell property pursuant to the Municipal Code. He indicated that Mrs. Cramer telephoned the office last week stating that both dogs appeared to be out. Mr. Nealis stated that he then spoke to the SPCA and contacted Mr. Mitchell to be sure that he understood that both animals must be confined to the property during the appeal process. • Ms. Debra Mitchell, 23 Georgeff Road, stated that she owns the little white terrier and that she does not believe that this dog could inflict wounds on Dr. Wolinsky's dog. Ms. Mitchell expressed her concern that her white terrier is being punished for something it was not involved in. • Officer Helen Bosaz, SPCA investigating officer, stated that she examined the Dalmatian and could not find any puncture wounds or lacerations. She stated that during her investigation, she noticed that the dogs barked but did not appear to be vicious. She explained that they came out from under the bushes and exhibited a protective behavior. Mayor Pro Tem Pernell expressed concern that there are inconsistencies in the testimony. • Lt. Douglas Buck, SPCA Director of Shelter Services, stated that after reviewing Officer Bosaz's investigation, he made the recommendation that the dogs should be confined to th Mitchell's property. He stated that based upon his experience, canines that tend hide out under bushes or vehicles in proximity to passersby tend to be very territorial and in his opinion, these dogs seemed to exhibit this behavior. Lt. Buck also stated that he was also concerned because in the 1991 incident the attacking dog was described as a collie shepherd mix and that the one dog mentioned in this case does have some collie features. He further stated that their could have been a case of mistaken identity on the SPCA's part in that 1991 incident. Lt. Buck stated that taking these two factors into consideration, he would rather error on the side of safety. City Manager Nealis concurred regarding the aspect of preferring to error of the side of safety in cases such as these. Councilmembers discussed Mr. Mitchell's suggestion that he would be willing to construct a dog run on his property or confine the dogs in some manner during the hours of 5:30 a.m. and 7:30 p.m. Lt. Buck stated that he would have no objection to this type of solution. In response to Mayor Pro Tem Pernell's question if Mr. Mitchell would be agreeable to this solution, Mr. Mitchell stated that would voluntarily confine his dogs but if it is an order, that he must take exception. Mr. Mitchell recounted the gentle attributes of his German shepherd mix dog and stated that both the German shepherd and the terrier stay under the bushes on his property to remain cool. Further discussion ensued regarding the aggressive behavior of the dogs, various methods t ensure the safety and peace of mind of passersby, and the definition of an attack as stated in the Municipal Code. Councilmembers concurred that the dogs tend exhibit the menacing behavior when the Mitchells are not in control of the dogs and substantiated the attack per the Municipal Code. Dr. Wolinsky stated that he does not like to see animals chained because he feels that this type of restraint tends to make animals become more vicious than dogs that are allowed to remain free. He indicated that he would agree to a modification of the City Managers Minutes City Council Meeting 10/10/94 -4- �.,�< . � . , , recommendation in this case. Mrs. Cramer stated that a modification to the City Managers � �, recommendation would also be acceptable to. her. After reviewing the written evidence and hearing the testimony presented during yth,e,ap:peal phearing, the City Council concurred that a modification to the City Manager's recommeridation to permanently restrict the dogs to the Mitchell property would be appropriate. Councilmember Lay moved that the City Council modify the action of the City Manager relative to the permanent confinement of dogs to property located at 23 Georgeff Road, directing that the _� Mitchells confine the dogs to their property when they are not in control of both dogs. , ",:Councilmember Pernell seconded the motion which carried unanimously. ; � -`The Mitchells objected to the finding that an attack did occur. CONSIDERATION OF REPORT FROM THE WILDLIFE PRESERVATION COMMITTEE RELATIVE TO FERAL CAT POPULATION IN THE CITY. City Manager Nealis presented the staff report and introduced Wildlife Preservation Committee Member Arvel Witte. ` Committee Member Witte presented a report on the feral cat population in the City prepared by the Wildlife Preservation Committee. He indicated that the Committee will be conducting further research on the impact of feral cats in the City. Councilmembers concurred that through articles in the Citywide Newsletter, residents could be informed of the effect of feral cats in the City and the consequences of people, domestic animals, and foul coming in contact with feral cats. REPORT REGARDING GREY WATER USES AUTHORIZED BY CHAPTER 14 OF THE COUNTY PLUMBING CODE. �City Manager Nealis presented the staff report. --�• Mr. Jim Fry, Head of the Los Angeles County Mechanical and Plumbing Section, addressed the �i Council regarding the County's experiences with Chapter 14 of the Plumbing Code. Mr. Fry stated that since Chapter 14 has been in effect, no permits have been issued. He indicated that this is probably due to cost factors. i Councilmembers agreed that grey water systems may be useful in Rolling Hills because of the ; benefit of reducing water introduced into septic systems and that this type of water could be used for irrigation � systems. Councilmembers discussed the County Code with Mr. Fry and expressed concern that the County Code would not address certain unique local conditions. � After reviewing the report, comments from the City Attorney and further discussion, the City Council directed staff to further research this issue, review Chapter 14 of the County Plumbing Code and draft an Ordinance that meets the unique needs of the City of Rolling Hills. OPEN AGENDA APPROXIMATELY 8:00 P.M. PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM�STAFF STATUS REPORT REGARDING ASSEMBLY BILL NO. 2414. . � City Manager Nealis reported that the Governor vetoed AB 2414 on September 30, 1994. Minutes City Council Meeting 10/10/94 -5- MATTERS FROM THE CITY ATTORNEY None. ADJOURNMENT Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting at 9:30 p.m., to the next regularly scheduled meeting of the City Council scheduled for Monday, October 24, 1994, at 7:30 p.m. in the City Council Chambers at City Hall, 2 I'ortuguese Bend Road, _,.�, Rolling Hills, California. � � Respectfully submitted, � . � �.�,�►� Mari yn L. rn Deputy City Clerk Approved, . v Thom s F. insheimer Mayor �— � Minutes City Council Meeting 10/10/94 -6-