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.
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City Council Meeting
02/26/96
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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.
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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.
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City Council Meeting
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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).
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City Council Meeting
02/26/96
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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.
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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:
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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
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City Council Meeting
02/26/96
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Respectfully submitted,
9 . k ajo,-,
Marilyn L. kern
Deputy City Clerk