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.
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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.
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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.
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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.
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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
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