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2/26/1996MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA FEBRUARY 26, 1996 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: Heinsheimer, Hill, Lay, and Mayor Pernell. Councilmembers Absent: Mayor Pro Tem Murdock (excused). Others Present: Craig R. Nealis, City Manager. Michael Jenkins, City Attorney. Lola Ungar, Principal Planner. Marilyn L. Kern, Deputy City Clerk. Captain Beth Dickinson, Los Angeles County Sheriff's Department, Lomita Station. 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 - Adjourned Regular Meeting of February 13, 1996. RECOMMENDATION: Approve as presented. b. Minutes - Adjourned Regular Meeting of February 15, 1996. RECOMMENDATION: Approve as presented. C. Payment of Bills. RECOMMENDATION: Approve as presented. d. Financial Statement for the month of January, 1996. RECOMMENDATION: Approve as presented. Councilmember Lay moved that the City Council approve the recommendations contained in the Consent Calendar. Councilmember Hill seconded the motion which carried unanimously. I PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS ZONING CASE NO. 453, SUBDIVISION NO. 86 AND TENTATIVE PARCEL MAP NO, 21444 REQUEST FOR A PROPOSED 3 -LOT SUBDIVISION OF LAND AT LOTS 89-A-RH, 89-C-RH, AND 92-RH, AND CURRENTLY, 25 PORTUGUESE BEND ROAD, ROLLING HILLS, CA, AN EXISTING LOT THAT HAS ONE RESIDENTIAL UNIT, TO BE IMPLEMENTED BY MRS. DOTHA S. WELBOURN. LOTS 89-A-RH, 89 -C- RH, AND 92-RH, CONSIST OF 13.7 ACRES GROSS TO BE DIVIDED INTO THREE PARCELS AS FOLLOWS: PARCEL 1 - 8.40 ACRES GROSS, 6.53 ACRES NET; PARCEL 2 - 3.02 ACRES GROSS, 2.39 ACRES NET; AND PARCEL 3 - 2.8 ACRES GROSS, 2.12 ACRES NET. Minutes City Council Meeting 02/26/96 -1- City Manager Nealis reported that the applicant has submitted a letter requesting that this item be continued. Hearing no objection, Mayor Pernell continued the public hearing, at the applicant's request, to the next regularly scheduled meeting of the City Council to be held on Monday, March 11, 1996. OLD BUSINESS CONSIDERATION OF A REPORT FROM THE SOUTHERN CALIFORNIA EDISON COMPANY REGARDING NEGOTIATIONS BETWEEN SOUTHERN CALIFORNIA EDISON COMPANY, THE ROLLING HILLS COMMUNITY ASSOCIATION AND ADJOINING PROPERTY OWNERS REGARDING THE UTILITY VAULT ON CREST ROAD, JUST EAST OF PORTUGUESE BEND ROAD. City Manager Nealis reported that there are no new developments on this matter and Southern California Edison and Mr. Cashman will be meeting on Tuesday, February 27, 1996. Dr. Richard Henke, President of the Rolling Hills Community Association Board of Directors, reported that they will be considering this item again at their meeting on March 7, 1996. Hearing no objection, Mayor Pernell continued consideration of this item to the next regularly scheduled meeting of the City Council. RESOLUTION NO. 775: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS SETTING FORTH FINDINGS OF FACT AND UPHOLDING THE ORDER OF THE CITY MANAGER TO REQUIRE THE CONFINEMENT OF A DOG OWNED BY DR. LAURENCE DAVID, 5 RANCHERO ROAD. City Manager Nealis presented the staff report. Hearing no discussion, Mayor Pernell called for a motion. Councilmember Lay moved that the City Council adopt Resolution No. 775. Councilmember Hill seconded the motion which carried unanimously. RESOLUTION NO. 776: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS SETTING FORTH FINDINGS OF FACT AND UPHOLDING THE ORDER OF THE CITY MANAGER TO REQUIRE THE CONFINEMENT OF A DOG OWNED BY MR. BURT ARNOLD, 2 SPUR LANE. City Manager Nealis presented the staff report. Hearing no discussion, Mayor Pernell called for a motion. Councilmember Hill moved that the City Council adopt Resolution No. 776. Councilmember Lay seconded the motion which carried unanimously. NEW BUSINESS CONSIDERATION OF A REPORT REGARDING LANDSCAPE IMPROVEMENTS TO THE TENNIS COURTS. City Manager Nealis presented the staff report and amendments to the landscape contractor's recommendations. Councilmember Hill suggested that the City may wish to consider using plastic fencing. He commented that RHCA Architectural Inspection Roger Vink has reported that they have found that this plastic fencing requires little maintenance. He suggested that staff approach the Community Association regarding this type of fencing and whether they would like to share in the costs for the fencing. • Mr. Don Robertson, Rolling Hills Tennis Club Equipment and Facilities Manager, reported that the Tennis Club is pleased with the proposed improvements. Mr. Robertson commended the City Manger for getting the Tennis Club members and the property owners adjacent to the tennis courts together on this project. Minutes City Council Meeting 02/26/96 -2- Councilmember Heinsheimer moved that the City Council approve the staff recommendations outlined in the staff report and that staff be directed to proceed with the improvements, subject to a final determination as to the fencing material to be made by staff and input from the RHCA regarding�posssible financial participation with the fence repair. Councilmember Lay seconded" tlie motion which carried unanimously. Mayor Pernell commended Councilmember Frank Hill and City Manager Nealis for their efforts relating to this project. CONSIDERATION OF AN APPEAL FILED PURSUANT TO SECTION 6.24.040 OF THE ROLLING HILLS MUNICIPAL CODE RELATIVE TO REQUIRED CONFINEMENT OF A DOG TO A RESIDENTIAL PROPERTY PURSUANT TO AFFIRMATIVE FINDINGS UNDER SECTION 6.24.020, PARAGRAPH A OF THE ROLLING HILLS MUNICIPAL CODE FOR OWNER OF PROPERTY LOCATED AT 1 SPUR LANE. City Manager Nealis presented the staff report. Mr. Fred Lorig, 1 Spur Lane, introduced his family and friends who were present in support Haakon being released from confinement. Mayor Pernell said that he was pleased that the Lorig's children were in attendance to learn how their local government operates. City Manager Nealis reported that correspondence had been received and placed before the City Council this evening from the SPCA indicating that a training program would prove valuable in preventing the Lorig dog from becoming involved in future incidents. City Manager Nealis also stated that correspondence has been placed before the City Council this evening from Dr. and Mrs. McBride indicating that they feel that the Lorig dog does not seem to be as vicious or dangerous as the two Rottweilers. He said that the McBrides further stated in their letter that they feel that it is unlikely that the Lorig dog would pose a threat to their children or the community. City Manager Nealis stated that the City Council may wish to modify the confinement order based on the information in the two letters. He further stated that the Lorigs have indicated that they are willing to initiate a training program for their dog and recommended that the Lorig dog be confined until successful completion of this training if it is the desire of the City Council to modify the confinement order. • Mr. Fred Lorig, 1 Spur Lane, stated that he does not have an objection to a recommendation of training for Haakon but that he would prefer that Haakon remain unconfined during the training process. He stated that he has spoken to Dr. McBride and Mrs. McBride who both indicated to him that they would not have a problem if their dog was set free from confinement. He said that in conversations he and his wife have had with the McBrides, that they have indicated that they are not sure that Haakon was involved in the killing of their goats. Mr. Lorig stated that he feels that Haakon is a friendly dog and of no danger to the community. In response to Mayor Pernell, SPCA Officer Helen Bosaz stated that she feels that a training program would take approximately four weeks. • Mrs. Karen Lorig, 1 Spur Lane, stated that when they learned of the incident, they immediately began to take steps to keep Haakon on their property and to retrain the him. She reported that she has started retraining Haakon by walking him in the opposite direction from the McBride property, restricting him to Crest Road. Mrs. Lorig stated that she has contacted a dog trainer who will be providing professional training to Haakon. Mrs. Lorig stated that from time -to -time Haakon has ventured to a property on Crest Road and that owner of that property owns a goat. She reported that the property owner on Crest Road has stated that Haakon was a very gentle dog and has shown no interest in his goat during his visits there. Mrs. Lorig stated that she has offered to prove to the McBrides that Haakon is gentle by taking him to the McBride property and introducing him to their children and the new goats. Minutes City Council Meeting 02/26/96 -3- In response to Mayor Pernell, Mrs. Lorig stated that the trainer will be coming to their home to start a formal training program this week. Mrs. Lorig also stated that the length of time for training Haakon has not been determined yet. Mr. Lorig stated that Haakon has been confined to their property for one month and that he would prefer that the confinement order be rescinded so that Haakon can remain free during training. Mayor Pernell stated that he appreciates the responsible manner in which the Lorigs have addressed this situation. Mayor Pernell stated that he would be interested in knowing the trainer's assessment of Haakon and how long the training will take. He stated that he also would be interested in knowing that the SPCA recognizes this trainer and the type of training that will be administered. Councilmembers concurred that the owners of this dog are responsible and that they would not have a problem releasing the dog from confinement in light of the letters from the SPCA and Dr. McBride. • Mrs. Lise Allard, 3 Flying Mane Lane, stated that she jogs regularly on Crest Road and has encountered Haakon and cannot understand how this dog would ever pose a threat. She stated that she feels that Haakon is gentle and well behaved. Councilmember Heinsheimer moved that the City Council reverse the City Manager's order of confinement. Councilmember Lay seconded the motion which carried unanimously. Mayor Pernell invited Ms. Analeis Lorig, a Miraleste Middle School student, to sit at the table with the City Council. He reviewed the agenda with her and indicated that the City Council will be discussing Item 8-C, Ordinance No. 258. ORDINANCE NO. 258: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING CITY COUNCIL REVIEW OF DECISIONS OF THE PLANNING COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis presented the staff report. Hearing no discussion, Mayor Pernell called for a motion. Councilmember Lay moved that the City Council waive further reading and introduce Ordinance No. 258. Councilmember Hill seconded the motion which carried unanimously. Mayor Pernell continued consideration of Ordinance No. 258 to the next regularly scheduled meeting of the City Council to be held on Monday, March 11, 1996 for second reading and adoption. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. NEW BUSINESS - Continued ORDINANCE NO. 259: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING CHAPTER 10.80 OF TITLE 10 OF THE ROLLING HILLS MUNICIPAL CODE (RELATING TO PARKING CITATION PROCESSING). City Manager Nealis presented the staff report highlighting Ordinance No. 259 and 259-U. Councilmember Lay moved that the City Council waive further reading and introduce Ordinance No. 259. Councilmember Hill seconded the motion which carried unanimously. Mayor Pernell continued consideration of Ordinance No. 259 to the next regularly scheduled meeting of the City Council to be held on Monday, March 11, 1996 for second reading and adoption. ORDINANCE NO. 259-U: AN URGENCY ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING CHAPTER 10.80 OF TITLE 10 OF THE ROLLING HILLS MUNICIPAL CODE (RELATING TO PARKING CITATION PROCESSING). Minutes City Council Meeting 02/26/96 -4- Councilmember Lay moved that the City Council waive further reading and adopt Ordinance No. 259-U. Councilmember . Hill seconded the motion which carried unanimously.''°''. 'r '4 - CONSIDERATION OF A REQUEST FROM "PALOS VERDES ON THE NET" TO PUBLISH CITY INFORMATION ON THE LOCAL "PV ON THE NET" HOME PAGE. City Manager Nealis presented the staff report. He reported that a letter agreement prepared by the City Attorney between the City and PV on the Net has been placed before City Councilmembers this evening. He reported that the City may not want to publish the complete Citywide Newsletter since most of the articles are specific to Rolling Hills. • Mr. Ted Vegvari, President, PV on the Net, passed out samples of home pages that have been prepared for other cities. Mr. Vegvari explained how this web site operates. • Councilmember John McTaggart, Rancho Palos Verdes Councilmember, stated that he uses PV on the Net and that he is a volunteer with the group. In response to Mayor Pernell, City Manager Nealis stated that he has reviewed the home page and that all of the information on it seems to be professionally presented. He also indicated that the City will be providing the information to PV on the Net electronically. Councilmember Heinsheimer moved that the City Council authorize the City Manager to enter into an Agreement and begin providing information to PV on the Net. Councilmember Hill seconded the motion which carried unanimously. RESOLUTION NO. 777: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ASSIGNING TO THE CITY OF ROLLING HILLS ESTATES, CALIFORNIA, ITS AVAILABLE PROPOSITION C TRANSPORTATION FUNDS. City Manager Nealis presented the staff report. Hearing no discussion, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 777. Councilmember Lay seconded the motion which carried unanimously. Mayor Pernell explained that the City of Rolling Hills has made it a policy not to accept public funds for use behind the gates. CONSIDERATION OF SOUTHERN EDISON COMPANY CORRESPONDENCE REGARDING THE UTILITY UNDERGROUND PROJECT ON SILVER SPUR ROAD IN THE CITY OF RANCHO PALOS VERDES (RULE 20A). City Manager Nealis presented the staff report. • . Mr. Scott Gobble, Southern California Edison Company, provided the City Council with a brief history on this project. Mr. Gobble also explained the financing of this program by the Cities of Rancho Palos Verdes, Palos -Verdes Estates, Rolling Hills Estates, the School District and the County of Los Angeles. In response to Mayor Pernell, Mr. Gobble explained that currently there is a $63,000 shortfall from the City of Rancho Palos Verdes. • Councilmember John McTaggart, Rancho Palos Verdes, stated that some of this project is in the City of Rolling Hills Estates. He stated that the City of Rancho Palos Verdes is the only City contributing general funds toward this project and that any funds the City of Rolling Hills contributes would replace those funds. He expressed appreciation to the City Council for considering this request. Councilmember Heinsheimer expressed support for the contribution towards this project. He stated that residents of Rolling Hills have children who are students at Rolling Hills High School and that he feels that they travel on Silver Spur Road. Minutes City Council Meeting 02/26/96 -5- Discussion ensued regarding the amount of Rule 20A funds that the City accrues in a year. Mr. Gobble explained that he estimates that Rolling Hills accrues about $9,000 a year. Councilmember Lay moved that the City Council transfer an amount equivalent to the City's 1995 Rule 20 A allocation, not to exceed $9,000, to this project. Councilmember Hill seconded the motion which carried unanimously. Councilmember Heinsheimer suggested that staff work with Southern California Edison to evaluate City projects in Rolling Hills using Rule 20A funds. CONSIDERATION OF AN AGREEMENT BETWEEN THE CITY OF SANTA MONICA AND THE CITY OF ROLLING HILLS TO FORM A CONSORTIUM OF SOUTH BAY CITIES, CALTRANS AND LOS ANGELES COUNTY TO EVALUATE THE EFFECTIVENESS OF EXISTING AND POTENTIAL PROJECT PRACTICES AND DEVICES FOR CONTROLLING THE POLLUTANT LOAD IN STORM DRAIN CATCH BASINS. City Manager Nealis presented the staff report. In response to Councilmember Lay, City Manager Nealis stated that this project would consist of the evaluation of the Best Management Practices relating to the control of pollutants entering into storm drains that have already been implemented in the cities in the consortium. Principal Planner Ungar reported that the City of Santa Monica will be taking the lead role in this evaluation. She said that they will solicit competitive bids from outside contractors to conduct the study. In response to Councilmember Heinsheimer, City Attorney Jenkins reported that there would be no immediate consequences if the City did not participate in this project. Councilmember Heinsheimer expressed concern regarding the effect of this project on private property in Rolling Hills. In response, City Attorney Jenkins stated that a field study of the effectiveness of storm drains would be done to measure the prevention of allowing pollutants from entering the ocean. He stated that most likely the focus will be on areas with a heavy industrial population. City Manager Nealis stated that in the context of developing the Best Management Practices, the City was able to voice concerns for its limited ability to affect run-off. He also said that the City was able to implement locally acceptable Best Management Practices and that they have not had an adverse effect on the way people operate within the community. He stated that entering into this agreement demonstrates our commitment to those practices that have been implemented. City Attorney Jenkins stated that he fells that it would be beneficial to the City to show its commitment to this project. Councilmember Lay moved that the City Council approve the agreement. Councilmember Hill seconded the motion. Councilmember Heinsheimer expressed concern regarding the authority for an inspector to enter Rolling Hills to inspect catch basins. Councilmember Lay stated that he feels that the City would be more conspicuous by its absence. In response to Councilmember Heinsheimer, City Manager Nealis reported that the Cities of. Palos Verdes Estates and Rolling Hills Estates have approved this agreement. He stated that Rancho Palos Verdes will consider the matter on March 11, 1996. City Attorney Jenkins explained the drafting of the agreement and stated that the cities of West Hollywood, Hermosa Beach, Los Angeles, and Beverly Hills have also approved the agreement. He further explained that most likely, catch basis that are in areas that are more prone to industrial pollutants flowing into the streets will be selected for review. In response to Councilmember Heinsheimer, City Attorney Jenkins explained that the City will be a part of the technical committee and can influence the scope of services that will be provided in terms of where the investigation occurs. The motion carried by the following roll call vote: Minutes City Council Meeting 02/26/96 -6- AYES: Councilmembers Hill, Lay and Mayor Pernell. NOES: Councilmember Heinsheimer. ABSENT: Mayor Pro Tem Murdock,_ ABSTAIN: None.` - MATTERS FROM MEMBERS OF THE CITY COUNCIL • Councilmember Hill suggested that the City consider approaching the Rolling Hills Community Association with the hopes of jointly soliciting/ hiring the Boy Scouts of American in a project to remove debris along the roadways. Councilmember Hill indicated he would report back to the City Council on comments he receives from the Association on this matter. • Mayor Pernell reported on the recent death of former Rolling Hills Estates Councilmember Bob Anderson and directed staff to send an appropriate acknowledgment. MATTERS FROM STAFF • City Manager Nealis reported on statistics relative to violent crimes in the South Bay. RECESS Mayor Pernell recessed the meeting at 8:45 p.m. At 8:50 p.m. the meeting was reconvened in Closed Session. MATTERS FROM THE CITY ATTORNEY A. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from the City Attorney, that discussion in open session on the following described matter will prejudice the position of the City in existing litigation. Existing Litigation (Gov't Code Section 54956.9(a): Colyear v. City of Rolling Hills, Los Angeles County Superior Court Case No. YC005965, Appellate Case No. B078820 Mayor Pernell reconvened the meeting in open session at 8:55 p.m. It was reported that Councilmembers unanimously approved the settlement agreement relative to this case. ADJOURNMENT Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 8:56 p.m., to next regularly scheduled meeting of the City Council to be held on Monday, March 11, 1996. Approved, Go* cTfrey Pernell, D. Mayor Minutes City Council Meeting 02/26/96 -7- Respectfully submitted, 9 . k ajo,-, Marilyn L. kern Deputy City Clerk