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2/26/1979MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA February 26, 1979 A regular meeting of the City Council of the City of Rolling Hills was called to order at the Administration Building, 2 Portuguese Bend Road, Rolling Hills, California by Mayor Pernell at 7:30 P.M. Monday, February 26, 1979. ROLL CALL PRESENT: Councilmembers Crocker, Heinsheimer, Swanson Mayor Pernell ABSENT -'Councilman Rose (Arrived at 8:15 P.M.) ALSO PRESENT: APPROVAL OF MINUTES Teena Clifton William Kinley L.D. Courtright June Cunningham D. McHattie J. Collis B. Shoeps Duane Chapman M. Scherbacher C. Leonard S. Medall J. Murdock W. Peters Dr. & Mrs. S. Wolinsky V. Wolinsky J. Peternell Mr. & Mrs. A. Vinter K. Watts City Manager City Attorney City Treasurer Deputy City Clerk South Bay Engineering Developer Attorney Student Juvenile Diversion Project Residents The minutes of the meeting of Juanuary 22, 1979 were approved and accepted as corrected on a motion made by Councilwoman Swanson, seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Swanson Mayor Pernell NOES: None ABSENT: Councilman Rose PAYMENT OF BILLS 25 Councilman Crocker moved that Demands No. 7758 through 7810 in the amount of $29,601.32 be approved for payment from the General Fund. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Swanson Mayor Pernell NOES: None ABSENT: Councilman Rose 1979 SUMMER RECREATION PROGRAM 32 The Manager advised the Council that the cities of Rancho Palos Verdes and Rolling Hills Estates have conducted a successful summer recreation program for a number of years, and Rolling Hills can parti- cipate in the program on a cooperative basis. Cost of participation 179 February 26, 1979 would be limited to a one-time mailing, and the Manager said the cost could be minimized for Rolling Hills by sending information in the Newsletter. Councilman Crocker moved that the expenditure of funds not to ex- ceed $150 be approved. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Swanson Mayor Pernell NOES: None ABSENT: Councilman Rose STUDENT OBSERVER 40 Mayor Pernell welcomed Duane Chapman, a student observer, to the meeting. .Co APPOINTMENT OF MEMBERS TO PLANNING COMMISSION 54 0 Mayor Pernell directed that appointment or re -appointment of members to the Planning Commission be scheduled for action at the next meeting. CRIMINAL JUSTICE AND JUVENILE DIVERSION PROJECT 70 Councilwoman Swanson introduced Mr. Mark Scherbacher, Director of the South Bay Juvenile Diversion Project. Mr. Scherbacher advised the Council that funding for the program ended on December 31, 1978 and a proposal for ' continued funding has been prepared, since funds are avail- able to the project. Mr. Scherbacher explained that the Los Angeles Regional Criminal Justice Planning Board would administer the funds for fourteen Juvenile Diversion Projects in the area, and,he requested that the Council support the request. RESOLUTION NO. 412 Councilwoman Swanson moved that Resolution No. 412 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS TO RECOG- NIZE THE LOS ANGELES REGIONAL CRIMINAL JUSTICE PLANNING BOARD AS THE COUNTY REGIONAL JUSTICE PLANNING AND COORDINATING BODY FOR THE USE OF STATE AND FEDERAL ACTION FUNDS be adopted, and that reading in full be waived. The motion was seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Swanson Mayor Pernell NOES: None ABSENT: Councilman Rose RESOLUTION NO. 413 Councilwoman Swanson moved that Resolution No. 413 entitled A RESOLUTION OF THE CITY OF ROLLING HILLS AUTHORIZING THE PARTICIPATION OF THE CITY OF ROLLING HILLS IN THE SOUTH BAY JUVENILE DIVERSION PROJECT be adopted, and that reading in full be waived. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Swanson Mayor Pernell NOES: None ABSENT: Councilman Rose RETIREMENT PARTY, CHIEF PAUL-SCHNEIDER 150 Mayor Pernell suggested that members of the Council who wished to attend the retirement party for Chief Paul Schneider on March 16, 1.979 contact the office so reservations can be made. -2- OPEN AGENDA S. MEDALL, 18 BUGGY WHIP DRIVE February 26, 1979 155 Mr. Shel Medall advised the Council that he recently purchased a residence at 18 Buggy Whip Drive, and he requested permission to do corrective grading to eliminate a geological problem. Mr. Medall said he is a geologist, and stated that the fill on the property is in good condition, but the base material has consolidated, causing the fill to creep. He explained that the topographical map is in error, and 2:1 grading would result in disturbance of the natural drainage channel, Mr. Medall requested permission to grade a 1 1/2: 1 slope to stabilize the existing 1 1/2: 1 slope. The City Attorney advised the Council that in order to exceed the grading required by Ordinance No. 153 Mr. Medall would have to request a variance from the Planning Commission. Because of the urgency of the matter the Manager was directed to contact the Planning Commission Chairman and schedule a special meeting to consider the matter. COUNCILMAN ROSE ARRIVED AT 8:15 P.M. LEGAL OPINION RE: IMPROVEMENT OF JOHNS CANYON ROAD 204 The City Attorney distributed copies of a letter dated February 26, 1979 advising the Council what exactions by way of street improvements the Council may make upon subdividers presently in the process of sub- dividing land. Mayor Pernell recessed the meeting at 8:15 P.M. to give Council members an opportunity to read Mr. Kinley's letter. MEETING RECONVENED Mayor Pernell reconvened the meeting at 8:25 P.M. In discussing the letter Mr. Kinley sAid the City could require subdividers to make repairs and alterations to a private street, pro- viding that such repairs and alterations are necessary not only for the general use of the lot owners in the subdivision, but also for the gen- eral use of local neighborhood traffic. Mr. Kinley stated that two subdivisions presently in progress, the Chacksfield-Merit subdivision containing eight lots, and the Storm subdivision containing eleven lots, both will take access over Johns Canyon Road, which might, when burdened with traffic from nineteen new lots and heavy trucking in connection with develoment, cause a complete breakdown of the road, which is one of the minor thoroughfares in the City. In conclusion Mr. Kinley said a reasonable amount can be required of the developer, and he said that what -is a reasonable amount cannot be determined by the Council until proper engineering studies have been made and recommendations are pro- vided to the Council for approval and study. SUBDIVISION NO. 70, TRACT 33871, CHACKSFIELD-MERIT HOMES 250 Mayor Pernell asked the subdivider whether Mr. Kinley's opinion would affect his plans to proceed, and Mr. Colis asked that the Council consider his subdivision. The City Manager reviewed approvals of Tract 33871 by the Board of Directors, who approved a map marked Exhibit "B", showing a south- erly access to the tract, and approval of the Planning Commission of a map marked Exhibit "A", showing a northerly access to the tract. The Mayor noted that two members of the Planning Commission were pre- sent at the meeting. Councilman Crocker said that although two alternatives for in- gress and egress to the tract were possible, change of zoning from RAS -1 to RAS -2 made only one access necessary, and because of the probability that the northerly access could and would be blocked, he moved that the Council decline to accept the Planning Commission's -3- 181 February 26, 1979 recommendation that Exhibit "A", the northerly access, be approved, and that the Council consider the tentative map submitted as Exhibit "B", and include in their consideration conditions relating to screen- ing properties which would be affected by the southerly access, as well as possible requirements for undergrounding utilities and road improve- ments on Johns Canyon Road to its intersection with Crest Road. The motion was seconded by Councilman Heinsheimer. In the discussion which followed Planning Commissioners Jody Murdock and Ken Watts discussed with the Council some of the reasons on which the Commission's recommendation was based. Mr. Colis, the applicant, said the Planning Commission voted to deny Exhibit "B" on a 3/2 vote, and he was requested to submit a revised tentative map showing a northerly access, rather than appeal their decision. 'Mr. Colis indicated that he wished to cooperate with the Council's require- ment that he participate in improvement of Johns Canyon Road outside of the boundaries of his property. Mr. Clark Leonard said he repre- sented Mr. Gordon Shultz, and he advised the Council that Mr. Shultz opposed the northerly access, and offered to make voluntary improve- ments to assist Mr. Colis if the southerly access was approved. 0 The motion was carried on the following roll call vote: Q AYES: Councilmembers Crocker, Rose, Mayor Pernell Q NOES: Councilmembers Heinsheimer, Swanson ABSENT: None Mayor Pernell said the Commission would proceed with consideration of the tentative map marked Exhibit "B", and he suggested that the dis- cussion be postponed in order to determine what improvements are neces- sary to carry the maximum potential load on Johns Canyon Road, the costs involved, and how the developer would address the matter. With the . consent of the subdivider the Mayor ordered the tentative.map held on the agenda for thirty days to enable the three subdividers in the area and their engineers to work on the.matter with the City Manager and the City Attorney. APPEAL, DR. -S. WOLINSKY RE: VICIOUS DOG COMPLAINT - A. VINTER 735 Mayor Pernell opened the hearing on a appeal by Dr. Sam Wolinsky, 8 Reata Lane, of a decision made by the City Manager following filing of an affidavit by Mr. Anthony Vinter, 9 Reata Lane, regarding an attack on his dog by a dog owned by Dr. Wolinsky. The Manager explained that in October 1977 Mr. Vinter reported that his Lhasa Apso was severely injured in an attack by Dr. Wolinsky's Great Dane, and died as a result of the injuries. After investigating the matter, the City Manager advised the Wolinskys that their dog would have to be confined or on a leash at all times, in accordance with the requirements of Section 602 of Ordinance No. 136_. On January 2, 1979 Mr. Vinter filed another affidavit charging an attack on December 31,. 1978 by the Wolinsky's Great Dane on another Lhasa Apso which the Vin- ters acquired after the loss of their first dog. The Manager advised the Wolinskys that in accordance with the requirements of the ordinance the dog would have to be removed from the City. In a letter dated January 10 Mr. Bernard Shoeps, attorney for Dr. and Mrs. Wolinsky, advised the Manager that the Wolinskys wished to appeal the decision, and in a letter dated January 22 Mr. Shoeps asked that the hearing be scheduled in February. The Manager distributed copies of Declarations on Behalf of the Wolinskys, sent to her by Mr. Shoeps. On January 24, 1979 Mr. Kinley wrote and advised Mr. Shoeps that the hearing would be held on February 26, and the dog should be removed from the City of Rolling dills pending the hearing on the appeal. -4- 182 February 26., 1979 When questioned, Mr. Shoeps stated that the dog has been kept on the Wolinsky's property since the attack. He explained that following the first complaint a fenced enclosure was constructed. Dr. Wolinsky said he did not keep the dog on a leash when he was on the Wolinsky property with a member of the family. Mr. Kinley advised the Council that they have three options avail- able: to uphold the decision of the Manager and order the dog removed from the City, to overturn the Manager's decision, or to dismiss the appeal. Following statements by Mr. Shoeps, Dr. and Mrs. Wolinsky and Mr. and Mrs. Vinter, Councilman Rose suggested that in view of the advanced age of the Great Dane, if the Wolinskys were permitted to keep him, a muzzle as well as a leash be -required when the dog is not confined to the house or fenced enclosure. Mr. Vinter said he could accept such a condition. Councilman Heinsheimer suggested that in addition to impos- ing conditions, a cash deposit be required as a performance bond. Mr. Shoeps conferred with the Wolinskys, and said they would be willing to deposit $500 in cash to guarantee that conditions imposed by the Council would be complied with; the money to be returned to them upon the death or removal of the dog from the City, or to be forfeited if conditions of the agreement were violated. Councilman Crocker moved that the Wolinskys be required to confine the dog to the house or to the chain link fence enclosure, with the understanding that if the dog is ever allowed to run outside of the house or enclosure removal of the dog will be required, and that $500 be deposited to guarantee compliance with the conditions. Councilwoman Swanson seconded the motion. Councilman Rose offered an amendment to the motion to require that the dog be leashed and muzzled when not confined within the house or the fenced enclosure. Councilman Crocker seconded the amendment to the motion. The amendment to the motion was carried by the following roll call vote of the Council: AYES: Councilmembers Crocker, Heinsheimer, Rose, Swanson Mayor Pernell NOES: None ABSENT: None The motion as amended was carried by the following roll call vote of the Council: AYES: Councilmembers Crocker, Heinsheimer, Rose, Swanson Mayor Pernell NOES: None ABSENT: None THE CITY ATTORNEY WAS EXCUSED FROM THE MEETING AT 11:15 P.M. r SUBDIVISION NO. 71, TRACT 33962, BEATRICE MORRIS 1400 Minutes of the Planning Commission recommending approval of Tract 33962 were reviewed and a copy of the tentative map was displayed. Mr. McHattie explained that a residence is. currently being constructed on the property, and no grading will be required for the new lot. The Manager explained that Blackwater Canyon Road will be widened and improved in the vicinity of the Morris property, in conjunction with road improvements required as conditions of approval of the Greenhut, Meurer and Kredel-Hathaway subdivisions on Blackwater Canyon Road, and -5- -1 W 00 0 E U 183 February 26, 1979 she said that in addition to the road improvements the Council could require that.all utilities on Blackwater Canyon Road be placed under- ground. The Manager was requested to compile all requirements imposed by the Board of Directors and Planning Commission for review by the Council, and present them with maps of the four subdivisions on Blackwater Canyon Road for consideration of requirements for road improvements s and under- ground utilities at the next meeting. With the consent of the- engineer the matter was held on the agenda. INSURANCE RATING BY TERRITORY 1518 The Mayor asked that the matter be placed on the next agenda. PLANTING ON BANK HOWARD SLUSHER 1540 Councilman Crocker asked the Manager to contact Mr'. Howard Slusher about planting the bank between his residence and the Melbye residence at 4 Wrangler Road., FIRE RETARDANT ROOF ORDINANCE 1545 Councilman Crocker said an Envirdnnental'Impact Report may be necessary in connection with the fire -retardant roof ordinance, and he asked that Mr.'Kinley be requested to research the Matter. Council- man Crocker said the .action 'may be necessary to validate the Council's requirement for fire -retardant roofing, and he asked, further, that staff make 'a recommendation about whether Flame -X shingles should be eliminated as an acceptable alternative. The Manager said she would contact Los Angeles.City Fire Department for confirmation of information supplied by the Los Angeles County Fire Department, and would request a... written statement in the matter. CONSIDERATION OF ANNEXATION ' 1580 Councilman Crock&r asked that consideration of annexation of six acres in Rancho Palos Verdes be 'kept on the agenda because of access to the property,through Rolling Hills. Other members of the Council agreed that the matter should not be reconsidered until the moratorium on. the area is terminated by the City of Rancho Palos Verdes, FIRE SEASON 1601 The Mayor asked the Manager to put the first notice about theap proaching fire season and the need for -,,7eed abatement and clearing of property in the next Newsletter. TRAFFIC PROBLEMS ow Councilman Heinsheimer said the matter of'confusingsii gns on Blac'kwater Canyon Road and the abrupt dead-end on Quail Ridge Road North should be referred to.the Traffic Commission. ADJOURNTMENT 1685 There being no further business to come before the Council., Mayor Pernell adjourned the meeting at 11:50 P.M., -6- 1�itv ity