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.
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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.
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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
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-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.
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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
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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.
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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."
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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.
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APPROVED:
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Mayor.
City. Clerk U