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12/14/1959246 MINUTES OF REGULAR -MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA 14 December 1959 The regular meeting of the City Council of the City of Rolling Hills was held at 7:30 p.m. Monday, 14 December 1959, in the City Hall The meeting was called to order at', -7:30 p.m. by Mayor Tourtelot. ROLL CALL Present: Councilmen Goodman, Horn, Roach and Mayor Tourtelot Absent: Councilman Nielsen Also Present: City Clerk Gilbert Myers, Deputy City Clerk Phyllis Stockdale, City Attorney William Kinley, Messrs. James Waller, David B. Halstead, Clifton A. Aix, John Heater, Fraser MacMinn and Richard Nall. MINUTES - MEETINGS OF SEPTEMBER 28 AND OCTOBER,13. 1959 On motion of Councilman Roach, seconded by Councilman Horn and unanimously carried, the minutes of the meetings held 28 September and 13 October 1959 were approved as written. PERSONAL APPEARANCES - MESSRS. JAMES WALLER AND D.B,, HALSTEAD Messrs.'Waller and Halstead appeared before the Council in regard t,o Mr. Waller's request for a variance from Ordinance No. U-14 which requires that a fire hydrant be located not farther than 500 feet from the site of his pro- posed residence before a building permit therefor could be issued. It was moved by Councilman Goodman that the City Attorney prepare an agreement to be executed by Mr. Waller capable of being recorded in the County Recorder's Office, which agreement shall also be approved by the Los Angeles County Fire Department, providing for the installation of a swimming pool having a 30000 gallon capacity, with unobstructed ingress and egress to kthin twenty feet of said pool, said pool is to be equipped with a four inch drain pipe capable of being connected -with the fire fighting apparatus of the County Fire Department, and also providing for the installation of a two inch stand pipe with a hose bed connection located on the proposed driveway of said property to enable the fire fighting equipment of the County Fire Department to have free and unobstructed use thereof, and further providing that Mr. Waller would main- tain these two facilities and agree to hold the City of Rolling Hills free and harmless from any loss resulting from inadequate water supply in the event of fire. The motion was seconded'by Councilman Roach and unanimously carried. Councilman Goodman then moved that upon the execution of said agreement by Mr. Waller and the approval thereof by the Los Angeles County Fire Deparidnent that the City Manager,'be directed to authorize the County Building Department to issue a building permit to Mr. Waller. The motion was seconded by'Councilman Roach and unanimously carried. 1 1 4 CORRESPONDENCE f. letter dated November 16, 1959 from Baxter Ward of KCOP Television, Inc. proposing a crash program in the -development of the smog muffler for passenger cars. The letter was referred to Mayor Tourtelot for reply. g. letter dated November 30, 1959 from the Chairman of the Rolling Hills Estates Planning Commission announcing that a public hearing would be held December 21, 1959 regarding a request for a change of zone. h. letter dated December 8, 1959 from the Ccu my Regional Planning Commission announcing hearings on proposed change of zones for the area near the Cityts western boundaries. It was moved by Councilman Goodman, seconded by Councilman Horn and unanimously carried -that the City of Rolling Hills oppose any reduction of zoning in the'area bounded on the north by Palos Verdes Drive.North, on the west by The City Clerk presented correspondence,as follows: a. letter dated December 1, 1959 from Battalion Chief B. D. Robinson of the Los Angeles County Fire Department enclosing a map designating the fire protection class for the various parts of the City,.and offering suggestions for improving the ratings. After a discussion on fire protection, the City Attorney was requested to draw a resolution to be sent to the Board of Supervisors requesting that the mutual aid -agreement between the County and the Palos Verdes Estates Fire Departments be canceled, and to present the same at the next meeting for action. b. letter dated December 7, 1959 from F. C. Ripley of 21 Crest Road East commenting upon the press release regarding his letter of November 19 to the City Council. �t c. report from the Auditor -Controller of Los Angeles County dated December 10, 1959 which stated that the secured realty tax advance for the month of November, 1959 amounted to $15,808.89 less if commission or a total of $15,650.80 sent to the City. d. report from the County of Los Angeles for the Municipal Court of the South Bay Judicial District which stated that the distribution of fines and forfeitures for the month of November, 1959 amounted to $15.,13. e.. letter dated December 5, 1959 from Conrad A. Fischer of 1 Southfield Drive regarding the proposed subdivision ordinance and requesting the deletion of "Section 5.04: Width of Lots at. Street Easement Line" therefrom. f. letter dated November 16, 1959 from Baxter Ward of KCOP Television, Inc. proposing a crash program in the -development of the smog muffler for passenger cars. The letter was referred to Mayor Tourtelot for reply. g. letter dated November 30, 1959 from the Chairman of the Rolling Hills Estates Planning Commission announcing that a public hearing would be held December 21, 1959 regarding a request for a change of zone. h. letter dated December 8, 1959 from the Ccu my Regional Planning Commission announcing hearings on proposed change of zones for the area near the Cityts western boundaries. It was moved by Councilman Goodman, seconded by Councilman Horn and unanimously carried -that the City of Rolling Hills oppose any reduction of zoning in the'area bounded on the north by Palos Verdes Drive.North, on the west by Crenshaw Boulevard, on the south and east by the city limits of the City of Rolling Hills to less than one-half acre in -total area;..such land being of such hilly terrain that smaller lots would lead to physical danger of landslide and would not be compatible with actual development of the surrounding areas* i: -'letter dated December 4, 1959 from Gabriel Allen of the Ocean Water Pipeline Corporation offering to assist the City in financing a saline or brackish water conversion plant by a- public bond issue. J. letter dated December 8, 1959 from Joseph M. Greene of the Corinth Company regarding the Cityfs liability in connection with the proposed joint powers -agreement for the reciprocal use of equipment. The letter was referred to the City Attorney. k. letter dated December 9, 1959 from Olga Hudson, Mayor of the City ,of Lakeport, California requesting a copy of the City's resolution establishing the combined office of City Clerk and City Manager. The City Attorney was directed to reply. 1. letter dated November 30, 1959 from W. J. Barmore, chairman -of the Grandview Home Ownerst Association regarding the Water Companyts application for rate increase. The letter was referred to Councilman Nielsen and it was suggested that he call a meeting of the various home owners groups to decide on a course of action in opposition to the rate increase. CITY BILLS The City Manager presented the register of bills to be allowed.. On motion of Councilman Goodman, seconded by Councilman, Horn and unanimously carried, Councilman Roach was designated Finance Officer pro tempore., On motion of Councilman,Horn,'-seconded by Councilman Roach and, on roll call vote by the City Clerk unanimously. carried, Demands 520' through 525. and "527. were approved "for payment from the General .Fund, 'and Demand No. 526 was approved for payment from the In Lieu Fund, as follows: Demand No. 519 VOID Demand No. 520 California Bank $125.40 Demand No, 521 Pacific Telephone 15.38 Demand No. 522 General Telephone Company 71.57 Demand No. 523 Anchor Press 24.42 Demand No. 524 Addressograph-Multigraph 3.79 Demand.No. 525 Graphic Specialties Co. 4.16 Demand No. 527 Rolling Hills Community Association 5;571.60 Total to be paid from General Fund - $5,816.32 Demand No. 526 County of Los Angeles $10.00 t -Total to be paid from In Lieu Fund - $10.00 PROPOSED SUBDIVISION .ORDINANCE It was moved by Councilman Goodman that Section 2.01 of the Subdivision Ordinance, as introduced at the Council meeting held November 9, 1959, be amended to read as follows: "Section 2.01:- Prohibition. It shall be unlawful for any person, firm,•association, partnership, joint venture corporation, trust or other entity, as principal, agent or otherwise, to offer to sell, contract to sell, sells hypothecate or encumber or execute any mortgage, deed of trust, deed or conveyance of any land within the City of Rolling Hills contrary to the provisions of this Ordinance. No lot or parcel of land included within any proposed subdivision shall be conveyed, sold or offered for sale, made subject to a - contract to sell, hypothecated or encumbered until the final map of said subdivision shall have been recorded and all agreements required under the provisions of this Ordinance shall have been executed and all bonds required under the provisions of this Ordinance shall have been filed with the City Clerk. No piece or parcel of land under single ownership shall be divided or reduced in area until all the requirements of ARTICLE XV of this Ordinance shall have been complied with." The motion was seconded by Councilman Horn and unanimously carried. r-4 It was moved by Councilman Goodman that Section 11; 3.02 (g) be amended as follows: "(g) "Fire Chief" shall mean the Forester and Fire Warden of the County of Los ,Angeles of the State of California and shall include all assistants and deputies ofsaid Forester and Fire Warden when acting within the scope of their authority." The motion was seconded by Councilman Horn and unanimously carried. Councilman Goodman then moved the amendment.of Section 3.03 to read as follows: "Section ).03: Advisory Agency. The City Planning Commission of the City of Rolling Hills is hereby designated the "Advisory Agency", as that term is used in the Subdivision Map Act and it is hereby charged with the duty of making investigations and reports on the design and improvement of proposed subdivisions and other divisions of property in accordance with the provisions of the Subdivision Map Act and of this Ordinance. It is directed to secure and use, in:5making its decisions, reports, recommendations and other materials supplied by its planning staff or Contract planning staff." The motion was seconded by Councilman Horn and unanimously carried. It was moved by Councilman.Goodman that Section 4.01 be amended to read as follows: "Section 4.01: Tract Number. "(a) Before filing a tentative map the subdivider shall obtain from the City Engineer the assignment,of a number for the tract to be subdivided. "(b) When a number shall have been assigned by the City Engineer for a subdivision, the subdivider shall place the same upon his tentative and final map of the subdivision and the number shall not thereafter be changed or altered in any manner upon any tentative or final map of the subdivision'unless 'or. until ' a new number shall have been approved by the City Engineer as in this Section provided." The motion was seconded by Mayor Tourtelot and unanimously carried. It was then moved by Councilman Horn that Section 4.04 be amended as follows: "Section 4-04: Matters Required.- The tentative map shall show and contain the following matters as an aid to the Advisory'Agency in its consideration of the design and improvements of the proposed subdivision:. (a) The tract number;" The motion was seconded by Councilman Roach and unani- mously carried. Councilman Goodman moved that Section 4.07 be amended to read as follows: "Section 4.07,: Distribution' of Copies. Not later than the-next•business-day following -the -filing of the tentative""map the Clerk shall distribute copies thereof together with copies of any written statements appended thereto, except the material required by Section 4.05 hereof, as follows: , (a) One (1) copy to the permanent files of the City; (b) Five (5) copies.to the Clerk of the Advisory Agency; (c) Eighteen (18) copies to the contract planning staff. The material furnished in accordance with the pro- visions of Section 4.05 hereof shall be delivered to the Clerk of .the Advisory Agency for use by the Advisory Agency during its consideration of the proposed subdivision. The Clerk of the Advisory Agency. shall, at the time of - submitting the report of the Advisory Agency, return said material to the City Clerk,, who shall thereafter place said material in the permanent files of the City." The motion was seconded by Councilman Roach and. unanimously carried. Councilman Goodman then moved the amendment of Section 4.08 to read as follows: "Section 4.08: 'Reports to Advisory Agencv. Within a period.of.not more_than.fifteen (15).days from -the receipt thereby of copies'of'a'tentative map as provided in Section 4.07 hereof, the contract planning staff shall file with. the City Clerk its report showing what changes are necessary in order to make such tentative map conform to.the requirements of the Subdivision Map Act and of this'Ordinance." The motion was seconded by Councilman Horn and unanimously carried. 1 1 It was then moved by Councilman Goodman that Section 4.09 be amended as follows: "Section h.09: Action by and Report of the AdvisorvAgenc [. Not, less .than twenty .(20) nor more ' than -Chitty. (3,O) days after the filing of a tentative 'shall map, the -Advisory Agency meet to consider the tentative map, to consider the report of the planning staff or contract planning staff, to consider such evidence aso.may be presented to it at its meeting and to prepare and file with the City Clerk its recom- mendation for approval of the tentative map# its recommendation that the tentative map be reject -ed together with a statement of its reasons for such recommendations or its report showing what changes are necessary to make such map conform to the requirements .of the Subdivision Map Act and of this Ordinance. Said meeting shall be open to the public at all times." The motion was seconded by Councilman Horn and unanimously carried.' Councilman Goodman then moved that Section 4.10 be amended to read., "Section LL 10-' Action b7- the Citv Council.- Within ten (10)-days-foliow*ing.the.filing with the City Clerk of the recommendation for approval or rejection or report of the Advisory Agency with respect toany tentative map, the City Council shall, at a regular egular meeting held within said.period of time or at a special meeting called for the purpose, consider -the tentative map, the report of the planning staff or. contract planning staff with respect to such tentative map, the recommendation or report of the Advisory Agency and such evidence as may be presented to it. At said meeting the City Council shall approve the tentative map, reject the tentative map or specify the c#anges which must be made to make the tentative map conform to the requirements of the Subdivision Map Act and of this Ordinance. The City Clerk shall "forthwith report the action of the City Council to the subdivider and to the Real -Estate Commissioner of the $,tate of California.;! The motion was seconded by Councilman Horn and unanimously carried. It was then moved by Councilman Goodman that Section 4-11 be amended: "Section 4.11: Resubmission of Tentative Mao to the Citv Council. If the subdivider is dissatis- fied with.any .action of the Advisory Agency or of. the City Council with respect to the tentative map, he may, within fifteen (15) days after the d ase of the hearing held by the City Council pursuant to the provisions of Section 4.10 hereof, appeal to the City Council for a rehearing. The City Council shall hear such appeal upon notice to the subdivider and the Advisory Agency, unless the subdivider consents to a continuances within ten (10) days or at its next regular meeting. At the time fixed for the hearing the City Council shall proceed to hear'the testimony of the subdivider or of, any witnesses -on his behalf and the testimony of the representative of the Advisory Agency or of any witnesses on its behalf. The City Council may also hear the testimony of other persons respecting the character of the neighborhood in which the subdivision is to.be located, the kinds, nature and extent of improvements, the quality or.kinds of development to which the area is best adapted and any other phase -of the matter with respect to which it may desire to inquire. Upon the close of such rehearing, the City Council shall:, within seven days, affirm or modify its prior rulin& in such manner as the - facts' adduced shall warrant. The motion was seconded by Councilman Horn and -unanimously carried. Councilman Goodman then moved.the addition of a new Section 4.12 to the ordinance and also that former Section 4.12 be renumbered Section 4.13,.ab follows: "Section L..12: Extensions of Time. The time limits for acting•and.reporting on tentative.maps as specified in this Article may be extended by mutual.consent of the subdivider and to the City Council." The motion was seconded by Councilman Roach and unanimously carried. It was moved by Councilman Goodman that Section 5.01 be amended as follows: "Section 5.01: Lot Size. Each lot in any subdivision shall have.an.area not.less•than that required under the zoning ordinance of the City of Rolling Hills in effect at the time of filing the tentative map. If any lot is in more than one,zone it shall be of such size as to meet the requirements of the zone having the greater minimum size requirement." The motion was seconded by Councilman Horn and unanimously carried. It was moved by Councilman Goodman that Section 5.02 be amended: "Section 5.02: Lot Sideline Angles. In...all cases where.•practicable•the,sidelines-of_lots.shall be at approxi- mate right angles to or radial to the street upon which such lot fronts." The motion was seconded by Councilman Horn and unanimously carried. It`was then moved by Mayor Tour'telot that amendment of Section 5.04 be tabled until the next meeting. The motion was, seconded by Councilman Goodman -and unanimously carried. Councilman Goodman moved that amendment of Section 5.05 be tabled until the next meeting. The motion was seconded by Councilman Horn and carried. 1 1 1 Councilman Goodman moved that Section 6.01 be amended as.follows: Section 7,02: Gas Supplv Easements. If easements are to be provided for gas.supply pipelines, such ease- ments shall be located, insofar as is practicable, in those portions of the street easements which are not to be paved. Easements for gas supply lines not located in street'.ease- ments shall be located in the boundary.,line.easements re- quired by Section i2.05 hereof." The motion was seconded by Councilman Horn and unanimously carried. Councilman Goodman moved that the'amendment of Section 7.03 also be tabled until the next meeting. The motion was seconded by Councilman Horn and unanimously carr..ied. Councilman Goodman moved that Section.8.01 be amended as follows: "Section 8.01: Prohibition. No,building site shall be graded.out.by.the subdivider until such time as a build- ing permit shall have been issued, pursuant to the Building Code of the City of Rolling Hills, for the erection of a structure on the lot to be. graded." The motion was seconded by Councilman Horn and unanimously carried. "Section 6.01: Private Streets. All streets shall be ..shown on the tentative map and on the final map as private streets but the final map shall contain a conditional offer of dedication which may be accepted by the City Council at such time as the street is opened to public'. -travel for three (3) months or more. The- subdivider, .by means of restrictive covenants or contracts satisfactory to the Advisory Agency, shall provide for the payment by the purchasers of land in the subdivision of all costs of repairing and maintain- ing such private streets until such time as said con- ditional offer of dedication shall be accepted by the City Council. The easements for all private streets shown on the final map may be, but need not be, con- veyed to the Rolling Hills Community Association of Rancho Palos Verdes, a non-profit corporation. A written agreement ,of the Rolling Hills Commt;hity Association of Rancho Palos Verdes to maintain and repair said streets, filed with the City Clerk; shall constitute a satisfac- tory arrangement forathe payment of costs of repairing and maintaining such private streets." LrZ The motion was seconded by Councilman Horn and carried by the` following vote: Ayes: Councilman Goodman, Horn and Mayor Tourtelot Noes: Councilman Roach Absent:Councilman Nielsen It was moved by Councilman Goodman that Sections 7...01 and 7.02 be amended .as follows: "Section 7.01: Water Supplv. Easements shall be provided for water mains which shall, insofar as is practicable, be located in those portions of the street easements which are not to be paved. Easements for water mains not 1-o6ated in street easements shall be located in the boundary easements required by Section 12.05 hereof." Section 7,02: Gas Supplv Easements. If easements are to be provided for gas.supply pipelines, such ease- ments shall be located, insofar as is practicable, in those portions of the street easements which are not to be paved. Easements for gas supply lines not located in street'.ease- ments shall be located in the boundary.,line.easements re- quired by Section i2.05 hereof." The motion was seconded by Councilman Horn and unanimously carried. Councilman Goodman moved that the'amendment of Section 7.03 also be tabled until the next meeting. The motion was seconded by Councilman Horn and unanimously carr..ied. Councilman Goodman moved that Section.8.01 be amended as follows: "Section 8.01: Prohibition. No,building site shall be graded.out.by.the subdivider until such time as a build- ing permit shall have been issued, pursuant to the Building Code of the City of Rolling Hills, for the erection of a structure on the lot to be. graded." The motion was seconded by Councilman Horn and unanimously carried. It was moved by Councilman Goodman that Section 12.05 be amended as follows: "Section 12.05: Boundar7 Line Easements. The subdivider shall dedicate.an.easement for bridle trail and utility purposes over the strips and portions of land 10 feet wide lying entirely within and abutting upon the side lines and rear line of each lot of the subdivision." The motion was seconded by Councilman Roach and unani- mously carried. Councilman Goodman moved that Section 13.03 be amended to read as follows: "Section 13.03: Street Liehting. No provisions shall be made - for - str;eet .-lighting.''' - The motion was seconded by Councilman Roach and unani-- mously carried. It was then moved by Councilman Goodman, seconded by Councilman Horn and unanimously carried that Section 15.01 be amended to read as follows: ."Section 15.01: Divisions of Land not Constituting a Subdivision Made Sub sect to this Or-dinance.wi'th.Certain Exceptions. Section 11540.1 of the .Business`'and.-Professions Code . of the State of -California provides in part as follows: (Nothing in this chapter prevents the governing body of any municipality . . . from regulating the division:of land which is not a subdivision . . .'� It is the purpose of the City Council -of the City of ,r Rolling dills to regulate the division of land which is not a subdivision as defined in the Subdivision Ntap.Act. Any person who shall divide land, wh-1ch division is not a subdivision as defined in the Subdivision Map Act, shall comply with each and every provision of this Ordi- nanae excepting, however, that the final map, after approval by the City Council, need not be recorded but may at the option of the person making such division,be left in the permanent files of the City. If the final map of any such division is not to be recorded, dedications provided for in -.this Ordinance shall be made by deed executed in favor of the City of Rolling Hills as grantee by all persons, firms- or corporations having an interest in -the property to be dedicated. If the final map is not to be recorded, a statement to that effect shall accompany the tentative map when first filed, and,'in such event, no tract number shall be assigned to'the.division by the City Engineer." CITY TREASURERIS-REPORT The.i City, Treasurer submitted reports for the months of September, October-and"tovember,, 1959 which stated that as of September 30, 1959 the -balance in the General Fund was $8,020.94; in the In Lieu Fund the balance was $16,106.16. As of October 31, 1959 the balance in the General Fund was $2,701.97; in the In Lieu Fund the balance was $169106.16, and on November 30, 1959 the General Fund Balance was $1,853.72; the In Lieu Fund contained X139656.16. On motion duly made by Councilman Horn, seconded by Councilman Goodman and unanimously carried, the reports were accepted and ordered filed. ADJOURNMENT There being no further business to come before the meeting, it was moved by Councilman Horn, seconded by Councilman Goodman and unanimously carried that the meeting be adjourned at 10:00 P.M. 1 APPROVED: Ls; rs: 1 1 Mayor. City. Clerk U