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7/10/1978MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA July 10, 1978 A regular meeting of the City Council of the City of Rolling Hills was called to order at the Administration Building, 2 Portu- guese Bend Road, Rolling Hills, California by Mayor Pernell at 7:30 Po Mo, Monday, July 10, 19780 ROLL CALL PRESENT: Councilmembers Crocker, Swanson, Mayor Pernell ABSENT, Councilmembers Heinsheimer, Rose ALSO PRESENT: Teena Clifton City Manager William Kinley City Attorney Lo Do Courtright City Treasurer Peggy Minor Secretary John Rowe Residents Dr. Art Zimmerman " George Zimmerman it Carl Hovland & Children it APPROVAL OF MINUTES 2-1 Track 3/2 The minutes of the meeting of June 26, 1978 were approved and accepted as corrected on a motion made by Councilman Crocker, second- ed by Councilwoman Swanson and carried by the following roll call vote, AYES: Councilmembers Crocker, Swanson, Mayor Pernell NOES: None ABSENT: Councilmembers Heinsheimer, Rose PAYMENT OF BILLS 2-40 Councilwoman Swanson moved that Demands No. 7206 through 7242 in the amount of $7,787°81, with the exception of Demands No. 7236 and 7237 which are void, be paid from the General Fund. The motion was seconded by Councilman Crocker and carried by the following roll call vote: AYES, Councilmembers Crocker, Swanson, Mayor Pernell NOES, None ABSENT: Councilmembers Heinsheimer, Rose APPEAL - CARL HOVLAND RE: ZIMMERMAN DOG BITE 2-47 The City Manager reviewed circumstances involving a dog bite which was reported by Dr. Arthur Zimmerman, 12 Cinchring Road, stat- ing that she had conducted an investigation in accordance with Ordin- ance 136, Section 601, Dog Bites Person, and presented Findings dated June 13, 19780 The City Attorney discussed Section 601 of the Ordinance, stat- ing that if in the opinion of the City Manager, the statements alleged in the affidavit filed are true, the City Manager shall prepare a writ -ten findings that the statements set forth in the affidavit are true and -that the attacking dog should be permanently confined on the premises, of the owner. Mrs. Clifton stated that her findings in- dicate that the dog attacked and bit Dr. Zimmerman and the dog was to be confined. 1o 101 July 10, ,1978 Councilman Crocker stated that the findings should be clarified by filing a supplement indicating the Manager's conclusion concerning confinement of the doge A letter dated June 30, 1978 was receive4,from Carl Me Hovland which denied all allegations contained in Dra_Ztimmerman's affidavit and requesting a hearing in the matter. ", The Mayor opened the hearing with Mr. Hovland relating his view of the incident, stating that Dr. Zimmerman and his son came down his private driveway on a moped -type vehicle, the three Hovland dogs bark- ed at them and after a few words between him and Dr. Zimmerman, he had left. Mr. Hovland drew a vicinity map on the blackboard and said that he did not see any of his dogs bite Dr. Zimmerman and was not ad- vised of any bite until approximately 20 minutes later when he re- ceived a telephone call. He further stated that a woman visitor at his home witnessed the incident and could confirm his statement; how - (o ever, she lives in San Francisco and could not be present at this (D meeting to provide testimony. Dr. Zimmerman and his son George diagramed their versions of the Q incident, Dr. Zimmerman stating that he.had not been aware that he was Q on Mr. Hovland's private property at the time he completed the affi- Q davit. He expressed his concern that the dogs were not vaccinated nor licensed. Mr. Hovland stated that the dog in question had been given to him had been vaccinated; however, he did not have proof and all his dogs were now vaccinated and licensed. The City Manager stated that when the Findings were drawn, it was her understanding from informatnn received from Dr. Zimmerman, that the incident had occurred in the cul-de-sac, not the Hovland drive- way, and said that it should be noted for the record that the Findings were not correct. Councilman Crocker asked Dr. Zimmerman if he considered the Hov= land dog to be vicious and Dr. Zimmerman responded that he did not and did not mind personally if the dog is not confined. Councilwoman Swanson stated that it was her opinion that when a dog bites once, it is the duty of the Council to protect the residents and moved that the Findings and decision of the City Manager be upheld. The motion was seconded by Councilman Crocker for purposes of discuss- ion, and following the discussion, carried by the following roll call vote: AYES: Councilmembers Crocker, Swanson, Mayor Pernell NOES: None ABSENT: Councilmembers Heinsheimer, Rose Councilman Crocker then moved that the confinement of the animal be waived with the understanding that if the dog bites again, it would have to leave the City. The motion was seconded by Mayor Pernell and not carried by the following roll call vote: AYES: Councilmembers Crocker, Mayor Pernell NOES: Councilmember Swanson ABSENT: Councilmembers'Heinsheimer, Rose Mr. Hovland was advised by the Council.that'the dog is to.be con- fined; however, he could send a letter requesting reconsideration of waiver -of the penalty and the matter of the confinement could be re- opened at a future time. 2. 102 July 10, 1978 POPPY TRAIL ENGINEERING .'2=328 Mr. Ronald McAlpin, South Bay Enzineering Company, reported that construction drawings of'the Poppy Trail storm drain had been completed and forms for bid documents and specifications had been sent to the City Attorney for review'.Mre William.Kiiiley, City Attorney, stated that the City Manager should review them also _as..i.t is -a matter dealing with Public Works. Following discussion with Larry Courtright, Citv Treasurer, con- cerning proper allocation for the construction expenses, it was moved by Councilman Crocker, seconded by Councilwoman Swanson and carried to authorize South Bay'Engineering:Company,`City Attorney'and'the.City Manager to complete specifications and prepare the bid documents for the storm drain repair -as -fol=lows AYES° Councilmembers Crocker, Swanson:;.;Mayor Pernell ABSENT: Councilmembers'-=Heinsheimer, Rose:­­- Councilwoman ose - -Councilwoman Swanson 'stated that any type -of -information that would be helpful to Caballeros -in regrading the trail would be useful. Mr. McAlpin stated that part of:the construction would involve recon- structing the trail and is included iii the -specifications° PUBLIC HEARING - PROPOSED BUDGET - FISCAL YEAR 1978/79 2-409 The Mayor opened the public hearing on the proposed budget, which had been -continued from.the-prier meeting. The''City Treasurer,reported,that appropriate changes had been made in the budget as directed by the Council; further investigation of Senate Bill 154 by the Manager, City -Attorney=,. -Bookkeeper and himself had determined that with the present fund balance, the City would not be eligible for: -part of the 250 million surplus as distinct from the 1% tax allocation distribution. Mr. Courtright further stated that the =Property Tax Revenue," had,�beeli�-recomputed with respect to the -' Jarvis Amendment and should be changed from $55,797 to $41,289, stat - still an approximate figure, Councilman Crocker --asked- if . the rubbish collection.ifigures for the coming. -,year; -had been,'determ ne&. ; Mrs e - Clifton presented a draft entitled 'Rubbish. Service" = for mailing': -to all residents afid property owners requestin comments concerning._ -the present ser-vice'.through October 1979 at 41x35 er month or with the previous company, Falcon Disposal, at a cost of $22000 per residence. The Council authorized the mailing of the document as approved -by Mayor;Pernello The Mayor and Councilmembers expressed appreciation to Mr. Court - right and the staff for their analysis and dedication in preparation of the budget, continuing the public hearing to the next meeting. PERSONAL APPEARANCE- - JOHN ROWE, .P.RESIDENT:' OF'CABALLEROS RE IMPROVEMENT..OF HESSE'S GAP . 2-498 Mr. John Rowe, -President of Caballeros', appeared before the Council, stating that plans for -landscaping and installation of a:per- manent watering system at Hesse°s Gap have been prepared and recommen'da tions received from the Landscape Committee. He requested the Council to authorize expenditure of'funds for the improvement. The Council -agreed that .the funds had been allocated in principal approximately one year ago but -requested that actual cost figures be presented for -consideration'. Councilwoman-Swanson_stated'that.it-was-her.understanding funds had -been authorized by thd�Women's Community Club'of'Rollirig Hills for planting and beautification at the ring and suggested that funds from the Council be used for capital improvement. 3e 103. July 10, 1978 Mr. Rowe stated that the Women's Club funds are designated for the picnic area only and work is presently underway to provide benches, tables, and landscaping in this area. Following discussion, Councilman Crocker moved that the Council authorize, on a preliminary basis, an expenditure not to exceed $3,000 for, improvements at Hesse's Gap as presented by;Caballeros providing that bids and cost figures be submitted at the next Council meeting. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: �. ,AYES° Councilmembers Crocker, Swanson, Mayor Pennell NOES: None ABSENT: Councilmembers Heinsheimer, Rose REPORT OF TRAFFIC STUDY COMMITTEE 2-580 (� The City Manager reported that the Traffic Study Committee had (� recently met, discussing in depth the proposed improvement of Palos Verdes Drive North. The Committee's comments will be conveyed to Q Rolling Hills Estates for consideration and answers to specific informa- tion, particularly on the traffic signal at the Main Gate intersection. Q Mrs. Clifton said that the Road Study recently received from Mr. Edward Rugel, Traffic Engineer, Los Angeles County Road Department, had been discussed and the Committee will schedule a time to tour the City and view areas mentioned in the report, discussing the report in detail with Mr. Rugel at a traffic meeting when the field survey is completed. Mayor Pernell requested the Traffic Committee to give specific attention to the facts regarding the additional traffic on Portuguese Bend Road due to subdivision of the Flying Triangle Extension. Councilwoman Swanson reported that Capt. Walter Thurner of Los Angeles County Sheriff's Department had advised that if the -City feels that certain areas are hazardous and compliance should be rigidly en- forced, a letter can be sent to the court identifying the problem and requesting rigid enforcement of speeding regulations. The Mayor requested that the matter be held for consideration with the traffic study. ORDINANCE NO. 163 ADOPTING FIRE CODE 2-634 Councilman Crocker moved that a proposed ordinance entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA ADOPTING A FIRE CODE FOR THE CITY OF ROLLING HILLS be adopted, and that reading in full be waived. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Crocker, Swanson, Mayor Pernell NOES: None ABSENT: Councilmembers Heinsheimer, Rose A. E. HANSON BOOK "THE EARLY YEARS" 2-660 Mrs. Clifton reported that "The Early Years", a history of Roll- ing Hills, by A. E. Hanson, had been delivered to local book stores for sale as well as being sold at the City Hall. Councilman Crocker recommended that news releases and publicity be placed in local news- papers with as many sales as possible being made from the City Hall. The Manager stated that a sales report would be made at the next meeting and monthly thereafter. Following discussion, the Council directed that a book be given to the local Historical Society and local libraries contacted to see if they wish to purchase the book. 1®4 July 10, 1978 MOTORCYCLES IN ROLLING HILLS 2-686 Mayor Pernell reported that he had received a letter from Joan Saffo, President of the Rolling Hills Community Association, request- ing that the Council be encouraged to consider banning the use.of motor- cycles and mopeds in the City. The letter advised that complaints have been received at every Neighborhood Meeting. The Council agreed that the matter should be referred to the Traffic Committee for consideration with any comments or complaints. given to the Committee. FILING FEES FOR VARIANCES AND CONDITIONAL USE PERMITS 2-680 The Manager presented a schedule for consideration by the Council regarding increasing the filing fees from $150 to $300, for variances and conditional use permits filed with the Planning Commission, stat- ing that all persons filing variances for the July meeting had been ad- vised that an increase could occur. The Council discussed possibility of a "deposit amount" system with refunds given in the case of minor items. This system was not recommended by the Manager due to increased duties involved in the administration of such a programa She stated she would study the matter further and make an additional report to the Council. Mrs. Clifton further advised that she has gust received a size- able statement from the Los Angeles County for services by the Planning Advisor and recommended that the matter be held on the agenda for fur- ther information with regard to costs being made by the County in ad- ministration of the variances and conditional use permits. The Mayor so ordered. PREMIUM FOR TWO PUBLIC OFFICIAL BOND PREMIUMS 2-728 The Manager reported that public official bonds for Councilmember Crocker and Rose had not been in force from March 2, 1978 to March_13, 1978 and presented a statement from Cal-Surance in the amount of $20.00 each to cover premium costs. The Council advised the Manager that it would not be necessary to provide coverage in that period and to decline payment of the statement. SANITATION DISTRICT - LANDFILL COSTS 2-742 Mayor Pernell reported that the Sanitation District has authorized an increase in dumping fees at the landfill from $2,50 to $3.50 per load beginning August 1st. SCAG REGIONAL HOUSING ALLOCATION MODEL 2-746 - Mr. William Kinley, City Attorney, presented a copy of a letter dated June 28, 1978 from SCAG acknowledging Mr. Kinley's comments re- garding concern over the present Regional Housing Allocation Model, its methodology, and its use as a planning tool for local governments. The letter advised that a revised plan is scheduled for distribution next month. ADJOURNMENT 2-787 The Mayor adjourned the meeting at 9:50 P. M. to a personnel session. The meeting was reconvened at 10:20 P. M. and the Mayor state that the Council requests the City Manager to provide specific recommen- dations with regard to merit salary increases only for the staff; the report to be available at the next meeting. The meeting was adjourned at 10:30 P. M. APPROVED: Mayor 5. i