3/8/1965'T
MINUTES OF THE
.--REGULAR- 11EtTING='OF'`THE - CITY. COUNCIL OF
THE f- CITY OF.__ROLLING -, HILLS, CALIFORNIA
March 8, l965
A regular meeting of the City.-Counc'il of the City of -Rolling
Hills was called-to.order b Mayor VanNoteat.7-.30 P.M. on -..Monday,
March -8, 1965 at the.Board1o_'0M'of'the Palos Verdes -.Peninsula Unified
School District.
ROLL CALL
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L 17
Present: Councilmen.Goodman,.F;3y,, Tourtelot, Klein and
.Mayor.Van Note
Absent: None
Others
Present: Teena Clifton !City'Manager
William:Kinley City Attorney
.-Marion Welch City Treasurer
Ruth.A.-Carley Secretary
Mrs. Becky Xackson
..Mr. &.Mrs. E..R. -Doak
�Mr. &-Mrs.�Herbekt Agid
Mrs. Earl Woodley
-Mr. &-.Mrs. Earl G. -Myers
Mr. & Mrs. Conrad A. Fischer
Mrs. J. R. - Klein
Mr. - & Mrs. DRn Wilson
Mrs. Fred Stevens
.Mr. & Mrs. J., Ten-Broeck Baker
-Mr. & -.Mrs . . R . , T . Mahan
Mrs. Jenny...Tufeld
-Mr. J.. J- Barnard
Ir RR, `Nadal
".
Mrs. C. "0'. VAn-.Note
Mr....-&. ."Mrs. Antho4. Jabuka
Mr. & Mks."Wi;liam-14artin
D U -w- -H Bowman
cl
'd Bar , ay
Mr' �'Dofia
-Mrs.L. 'A.'Sdhleissner
Mr. Charles A. Delio
Mr.,Carl.Allen
Mr. A. B. Chase
Mr. & -Mr s. Frederic -Wood
Mr - William iqTn Ral 1 haus
Mrs. jame,s'T.-Heist
Dr. Paul Saffo
Mr.'.,.'.Robert Strasburg
Mr.,Henry-Bowman
-,Mr. Harold Bailey
Mr:., William .0 -'Flaherty,
Mr,
_,4ames,Abdo
Dr... Godfrey ternell 'et a'l'.
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March 8, 1965
CORRESPONDENCE
a) The Manager presented a letter dated March 39 1965
from. -Southern California Rapid Transit District
Board of Directors together with the Master -Plan
of the proposed routes for Rapid Transit service.
It was ordered received and filed.
REPORT OF CITE .-DEPARTMENTS
Sheriff Depar. tment
The Manager presented the Monthly Report for January 1965
from the Los Angeles -County Sheriff's Department. It was ordered
received and filed.
City Treasurer.
The Report of City Treasurer and Financial Summary for the
month of February 1965 were presented. It'was moved by Councilman
Goodman, seconded by Councilman Fay and unanimously carried that the
above reports be approved and filed.
PAYMENT OF BILIS
Th.e City Manager presented the register of bills to be allowed
for payment. It was moved by Councilman Fay that Demands No. 1883 thru
1888 be approved for payment from the General Fund and Demand No. 1889
be approved for payment from the Traffic Safety Fund to wit:
NO. NAME AMOUNT
1883
Rolling Hills Community Association
$4,.192.82
1884
Pacific Telephone
15.50
1885
Palos Verdes Water Company
21.51
1886
General Telephone Company
129.14
1887
Southern California Gas Company
12.23
1888
Anchor. Press
23.24
1889
Safeway. -Sign Company
65.27
$4,459.76
The motion was seconded by Councilman Klein and carried by
the following roll call vote:
AYES: Councilmen.Goodman, Fay, Tourtelot, Klein and Mayor Van Note
NOES: None
ABSENT: None
ADMINISTRATION BUILDING
Mayor. Van Note stated that.Mro Edward Pearson is preparing
a plan for the area at the Main. Gate owned 'by the City and this will,
be presented for discussion at the meeting of March 22nd.
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March 8, 19.65
AMENDMENT TO SUBDIVISION ORDINANCE -NO. 32
The Manager reported that �hlis matter is.ptill in the hands
of the Subdivision`'I apartment of the County for .:recommendations. . The
matter was orderod`held on the agenda.
PUBLIC HEARING RE: ORDINANCE NO. 60. AMENDING:ORDINANCE NO. -6, THE
BUILDING CODE OF THE CITY OF ROLLING HILLS
Mayor,..Van Note opened a.public hearing, duly noticed, to
consider the adoption.of.Ordinance Noa 60 entitled "An.Ordinance
Amending Ordinance No. 6, The Building Code of the City of ---Rolling Hills."
There being no persons appearing at the hearing for or against
the proposed ordinance, the hearing was declared closed.
It was moved'by Councilman�Goodman and seconded b Councilman
O Y Y-
;.!� ;Tourtelot that Ordinance No. 60 be adopted, and that reading.in full of
CC said Ordinance be waived. Motion was carried by the following.roll
m call. vote:
AYES: Councilmen Goodman, Fay, Tourtelot, Klein and Mayor Van -..Note
NOES: None
ABSENT: None
Ordinance No. 60 is set forth in full in the Book of Ordinances.
COUNTY REGIONAL PLANNING RE: AMENDMENT TO MASTER PLAN OF
HIGHWAYS (CHANGE IN -WIDTH OF CRENSHAW BLVD. 80' TO 1001)
Mrs. Clifton reported,that.she had heard nothing further on
this matter from the -Regional Planning Commission. Councilman Goodman
moved,that this matter be.removed.from the agenda until such time as
the: Council needs to act.- - Mayor 'Van Note so ordered.
ORDINANCE NO. 61
Councilman.Goodman:moved the adoption of Ordinance No. 61
entitled."An.ordinance of the City.Council of the City of Rolling,.Hills,
California, Prohibiting the :Operation of Motor Vehicles .on .Bridle Trails
in -the -City of Rolling. 'HiTlg and read said Ordinance in , full ..' Sec., ded
by -Councilman Tourtelot and carried by the following roll call,vgta:
AYES. Councilmen Goodman, Fay, Tourtelot, Klein and .Ma.yor Van Note;
NOES: None
:ABSENT: None
Ordinance No. 61,'is'.set forth.in.full.in..the Book of,Ordinances.
UNDERGROUND UTILITIES
Mayor .Vaz Vote asked Councilman Goodman -if he had a repor.t.;on
how Palm Springs had takencare pflL;underground utilities. Councilman
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March 8, 1965
Goodman Stated that he had,not 'been. there as -yet but hoped to have a
report at the next meeting.- The City Manager stated that she had sent
for several books prepared under the auspices of theLeague of California
Cities on this subject and also stated that she had been in. communication
with the Edison Company and suggested that Councilman Tourtelot-might
like to sum up, their separate conversations with. the Edison..Company staff.
Councilman. Tour.telot suggested that'as he and Mrs. Clifton were to meet
with the Edison Company officials, Mayor Van.Note appoint them as a
committee to study this matter and.report back to the Council. Mayor
Van Note so ordered.
MINUTES
Councilman Goodman. moved, seconded by Councilman.Fay and
unanimously carried that the minutes of February 24, 1965 be approved
as written.
RESOLUTION NO. -1-891
Councilman Tourtelot moved the adoption of Resolution. No. 187
entitled "A Resolution of the City Council of the City of Rollin.g.Hills,
Authorizing the City of Rolling Hills to Execute a Written Agreement
with the Los Angeles County Flood Control District for _the Construction
of.Storm Drains and Drainage Channels in the City of Rolling Hills,
California" and that reading in full be waived. Motion carried by the
following roll call vote:
AYES: Councilmen. Goodman, Fay, Tour.telot.; Klein. and Mayor Van; Note
NOES: None
ABSENT: None
RESOLUTION NO.- 189
Councilman..Tourtelot moved the adoption of Resolution No. 188
entitled "A Resolution of the City Council of the City of Rolling,Hills
Authorizing the Employment of•E. L. Pearson. and Associates to Prepare
Plans and Supporting Data for the Construction of Storm Drains and
Drainage Channels in the City of Rolling Hills, as Required by the
Written Agreement Entered Into Between the Los Angeles County Flood
Control District and the City of Rolling Hills on March 8, 1965" and
that reading in full of the above Resolution, be waived. Seconded by
Councilman Fay, the motion was carried by the following roll, call vote:
AYES:
NOES:
ABSENT:
Coyncilmen. Goodman, Fay,•Tourtelot, Klein and Mayor Van.Note
None
None
Resolution No. 188 is set forth in full, in the Book of
Resolutions.
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March 8,,-.'1965
:- COMMITTEE TO .4900,, DECLARATION>yNO o 150 (CART, ALLEN)
Mayor=V A�Notse 'stated that he hada asked members of the
Community..Associsa=tioin�-a.nd=�•the Boakd of Directors to �ie present at
the Council meeting and- then introduced Mr: J. R. Klein,.who is
both a Councilman and the President of the Board of Directors.
The Mayor also introduced Mr. Raymond I. Mahan, Chairman of the City
.°Planning Commission, and Dr. Godfrey Pernell, Gity.'Planning.Com-
missioner,
-The Mayor asked the City Attorney to give the audience
some background on.the Deed Restrictions. City Attorney William
Kinley stated that he had prepared the statement on.Proposed
Amendment to Declarations -150 & 150-A that was available at.the
�] door, and then referred to the map displayed on the wall, pointing
0 out the areas involved. -Mr. Kinley went on to say that in the area
Cof Declaration 150, there were created three use Idistricts; one
00 requiring 5 acres in each building site,,another labeled 1.50-A
GG encompassing a district which requires 1 acre for a -building site,
and a district called 150-B (Public Use) around .the gate house.
The proposed amendment•would do away with the distinct�i.on'of
5 -acres andl acre so that everything under 150 and.150-A would
require only 1 acre per building site. In.order to amend this
restriction it is necessary for .70% of the owners of record title,
mortgagees and trustees in both the 5 acre and 1 acre areas to
sign the Modification.Agreement. The City owns two pieces of
property at the Main Gate area and the City Council, therefore,
has been.asked to sign.the Modification of.the Basic Deed Restrictions.
That request is on.the agenda of this meeting.
Mayor Van Note said that the approach to -the problem had
been.stated and asked if anyone wished to speak for or against the-'-
,amendment.
Mr. Carl Allen,,, 23 Portuguese Bend Road, reported that
girt• � of , 1-53 res idents ; �� 9 °had signed' tl e -agreement , making 63%,
repzesented
uniformly ,by the. 150 and ':150mA , areas . Mr. Allen stated&',,: ,
tfia`t. the six monthsperiod iri which' to'\.gp . ,, the signatures will
exp Ir on March, 19th.'and, the Board` of. Directors will,:be "=asked to '
sign;; -;that. what is'-want.ed :is uniformity,, *that the present;;r5 acre
area contrasts t6 tYe,M acre restriction in the'rest of the -;:City;
that 'the' proposed`.1Ko`d f cation. will :affect.:'deed restric,t.ions , not
zoning,. Mr: Alleri`sta'ted that he personally would .be the last
person.who would alter the community but economic circumstances
have changed and ..thmodificatiori of , the .,restrictions would male
it. possible for"a'e ,-,m,
.few, `now prohibited, to subdivide=d .- Mr'.
;-`Allen further stated:he;would be the first to encourdge the..Ci.ty
:Council to maintain'the,rigid standards`as t`o'the subalvision.of
land. Mr. Allen -said -that he felt certain people might take"the
issue to court.
'a" d' is _exactly what he felt the community;
doesn't. want _ _..
Mr. -,Allen ,continued that opponents to the changerargue
that , if you can. t. off ot4.,to pay. the taxes.. you . should -move, out- of
.Rolling'.Hills.and',he felt this wa.s__a very unfair attitude. He
42'0
March 8, 1965
further stated that the taxes have multiplied six times and it. is -
taxing people out of the area, Mr. Al.len.quoted from.the minutes of
the City Council meeting of.Februar.y 8, 1965 when the assessor was-.
asked "if a two acre lot comes up for lot split and is then sold,
how does the assessor relate the piece that is sold and the other
that is not sold. Mr. Evans stated that if the assessor has done
his job correctly it should be the same 'before and after.. Highest
and bes use should be two building sites and should have been
assess?Tor two sites. He further stated that he felt zoning to be
of paramount importance." Mr. Allen stated that he wants to retain
the beauty of the Portuguese Bend Road area as it is now,but feels
that the City zoning,.not the restrictions, should control splitting
of lots, that restrictions create a false impression and that he
felt chaos will occur.if,.the change in.restrictions is not made.
.Mr. Herbert Agid, 60 Portuguese.Bend Road, stated that
he did not want to split his property of approximately 5 acres
which is in a 1 acre zone and as faras taxes are concerned, he
would like -to know by written evidence from -the assessor that be
will not be affected,
Councilman Goodman stated that Mr. Evans appeared before
the City Council and his answer to this question was that he takes
into consideration.the zoning and how many building sites there are
and makes his valuation on -that basis.
Mr, R. -R. -Nadal,, 4 -Possum Ridge Road, stated there is
some confusion regarding .tax facts and assessed valuation of ,a
5 acre parcel.might be increased if the Restrictions are changed
to allow more -than -the -one building site presently allowed.
Mr. Allen replied that the intent of the modification
effort is not to create extra lots, but if it results in anyone
splitting his lot, the people of.Rolling.Hills must collectively
influence the -assessor to make a fair assessment.
Mrs.-Clifton.stated that she had provided the tax
assessor_ --with the City Zoning Ordinance and Declaration 150 of
the Deed -Restrictions and that.the assessor said these are con-
sidered in the evaluation of properties in...Rolling Hills. Mayor
Van Note stated that the Assessor's Office has offered to be.
available to interested residents -in late May of early June.in the
City -Office with -maps and the.new assessment roll to.answer
questions regarding assessments, and that the exact date will'be
announced In -the Newsletter.
Dr. Henry -Bowman, 4 Portuguese Bend Road, requested that
the Council equalize the restrictions on -all of the properties in
the City. of Rolling.. Hills o
Councilman:.Fay explained that tax evaluations are based
on . resale value compilg,c from ..records of sales of comparable
properties iql"the immediate area. Councilman:.Goodman.concurred.
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March 83, 1965
..Dr. Paul Saffo, 1 Crest Road West' stated thathejives
in an older area but his.home is in good repair, and that he has
three building sites. He stated further that if it were not for
the easements, he would have an. additional building site, and
asked,if his taxes will be reduced if and when one building site
is sold.
Mr. Robert. -Strasburg, 8 W,illiamsburg.Lane, stated that he
.owned a place on..Blackwater Canyon Road and asked what is required
to .subdivide after the deed restrictions are reduced. He was told
that even if. the 5 acre requirement is removed, the zoning remains
and he would have to get a variance in.orde.r,to'subdivide and the
requirements.of subdivision are very rigid.
M as
V. .Jenny �ufeld, 5 Ringbit Road West, asked if it would
not be preferable.to get more information from the assessor before
the Council takes any action. and she wondered if everything.had
.been done to get,.this. information.and whether the assessor gets the
_City's point .of' .view.
Mr. -Donald Wilson, 24 Portuguese Bend Road, stated that he
was in favor of the modification of restrictions and differentiated
.between zoning and restrictions.
Mr. Joseph_0'Flaherty, 18 Eastfield Drive, stated that he
was in .opposition. Also, he challenged Mr.,Allen?s opening remarks
wherein he stated that unless remedial-action.is taken .the.restric-
tions will be overturned. Mr. O''Flaherty pointed out that the
Rolling.Hills Community. Association.had defended the Deed Restric-
tions. in two lawsuits• and had won both.
Mr. Kinley stated that they were enforcable. Mr. Kinley
further stated that it'isn't,true,that the deed restrictions_ will
expire in. 1970; a documer t` must be signed by owners of . r.ecord, of
75% of the properties,six months prior to.::January 1, 1970 modifying-
,.
or extinguishing the: deed.restrictions and.if.this is not done,
then{'the restrictions automatically goon,for another twenty, years.
Mr. Strasburg'stated that there 'are somepeople in.the
56cre.section.who have large sites; a 10 acre site could be,split
in two.,at present but.a 9 acre site could be split to one..5 acre
and one 4 acre parcel . if it, were not for thea deed restrictions.
He' -further stated that,.`taxes have gone up and up and many residents
cant afford to retain their property; it is easy to. say. they,
should sell 'but.'they 'like Rolling. Hills and it would be better for
them if they could subdivide. Mr. Strasburg further stated that.
this is an.inequitable situation and he'saw no reason why there is
a.need for deed restrictions that will penalize some people when
sibdivision.can,,be governed by the zoning°
Mayor' Van'Note^,stated that, the City Council has established
�`a` "1970. Committee" to, study the. question of the 1970 expiration. date
of the.deed restrictions The Mayor further stated.that the Council
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L.21 2.
March 8, 1965 ,
has considered -spending the City's money for a -topographical
survey -to study the feasibility of subdivisions by the residents,
The cost for the survey would be around..$3,000 to $5,000. ' -
Mr.- Mahan asked about the date of March 19th and its
significance and requested an explanation. Mr. Kinley stated that
an amendment to Declaration of the Deed Restrictions.required the
signatures of 70% of the owners of record title and must be returned
within six months from the date of circulation.with the necessary
signatures; however, it allows the.Board to extend the time for an
additional "six months and if these signatures are not: obtained
prior to March.19th, the committee will have to ask the Association
for an extension of six months. Mayor Van Note stated that he
would be willing to go to the Board to ask for that extension.
Mr. James Barnard, 13 Crest Road East, stated that when
he -bought in Rolling -Hills he bought for 'the reason .that he liked
the atmosphere and did not buy his land for making.money but just
to live there. -Mr. Barnard further stated that he saw no.reason
to cut up the City into 1 acre lots, that if it were 2 acre lots
he would agree.
Mr. Allen stated that on any subject there will.be a
difference of opinion and although he thinks it is important to
.get this done he doesn't want to hurry and receive an adverse
decision. Mr. Allen stated.that those residents outside the area
in Declaration 150 and 150-A should be heard but he believes most
are in.favor of this modification and feel it would make an equita-
ble situation. However, Mr. Allen.stated, the-views.of the people in
the area affected should prevail and he is now asking.for the
decision of the Council concerning the City properties.-{ d
Mrs. Van Note asked why they want 1 acre rather than
2 acres and Mr. Allen stated it was for conformity.
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Mrs. M. J. Pecarovich, 12 Blackwater Canyon..Road, stated
that her family has lived.he.re a long time and they don't want to
divide into.l acre lots, but they want equity instead of the 5 acre
deed restriction.
Mr. James Barnard stated that taxes are a big issue in
this case and suggested the City.. -Council extend the time of its
decision until after the new tax roll is published,
Mr. William Martin, 11 Cinchrign Road, asked about deeding
canyons to �he City and if this was done would the City's taxes go
up. Mayor an Note answeredthat the City, pays no taxes.
There being no one else present wishing to speak, Mayor
Van Note stated that the Council would.proceed to.discuss the
matter.
Councilman..Tourtelot stated.that if the -.Council .tabled
this matter it wou.ld.mean that no action was taken as the next
Council meeting.will be on•.March..22nd, after the March 19th.dead-
line, and he felt it would be construed as sitting on the fence
and evading the issue.
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March $,.1965
Councilman Goodman stated that h.e would move to table
the matter, that he.had made up his.mind as to how he -would. vote
.but felt that if .the Council took a position one way ,or. another.
and --.Mr. Allen.gets enough signatures to.amend Declaration 150;
pr.oper.ty..owners will 'feel that the City has taken. a positive p.osi-
.-tion on variances and he would rather see the'Council completely
unhampered in a decision to grant or deny.vari-an.ces.by not
expressing..Aye or Nay on the amendment of Declaration 1.50 at this
time. Councilman..Goodman further stated that. this Council. and
_.future Councils should not be bound by a vote` which.could have
repercussions and hewanted to consider variances on the merits
.of each piece.of property.
Councilman.Goodman moved, seconded by Councilman=.Fay, that
this matter be tabled. Mayor Van Note stated that he felt be did
not have the facts for a decision and that he could not find a
Cvalid argument to support a decision. -The motion was carried.by
�y the following.roll-call vote:
CG .
.AYES: Councilman Goodman, Fay, Klein and Mayor Van.Note
NOES: Councilman Tourtelot
,ABSENT-. None
PLANNING COMMITTEE. APPOINTMENT
Councilman..Tourtelot stated that:Mr.-Robert M. Gray has
,.resigned from the Peninsula Planning.Committee and.Southwest Area
Planning.Committee, and.he offered the name of Mr. Raymond P.
Schaefer to.fi,ll'the vacancy on the Peninsula Planning Committee.
Mr..Schaefer is' ndt`able to attend the -Southwest Area Planning
.Committee at the present.time,..-Councilman Goodman.moved, seconded
by Councilman Klein.and"unanimously.carried to approve;Mro
Schaefer's appointmenttofill.the vacancy.
--LEASE PURCHASE
Counci.lmand Goodman stated that he would have a report to
.give the=Council at'its,-hext meeting on the.matter of lease -purchase
..concerning. the..use of 'the City property for a new City Office.
MOTOR. BIKE S
Following a'discussion.-relating.to motor bikes and mini
bikes, Mayor Van...Note stated that children.canndt ride on our roads
without an operator%'s or chauffer's license and directed the
Manager to publicize this matter in the Newsletter.
RESOLUTI0N:NOo.190
Councilman`Tourtelot introduced Resolution,.No. 190"
entitled ;"A Resolution of thee City Council of the City of Rolling
Hills, California, Requesting the Planning Commission..of:Said City
to -Consider the Amendment' of Ordinance No. 33 to Provide for a
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March 8, 1965
is
Recreational, : Non,Conforming Use .:in thee. RAS Zorp- - and moved that
said- Resolution .be adopted and that reading in. full: be waived. -
Seconded by'Councilman Goodman, the motion.carried by the follow-
ing..roll call vote:
AYES: Councilmdn Goodman, Fay,..Tourtelot, Klein and Mayor
Van Note
'NOES: None
ABSENT: :None
EXCESS SPEED
Following a discussion.between.members of the,Council and
Mr. James Abdo,. Mayor'Van'Note directed the Manager to relocate the
.sign -.at the Crenshaw Gate if this was found to be an answer to a
,problem. Mayor Van Note suggested to -Mr. Abdo that he notify the
Manager of cases -of excess speeding, together wi.th'licerise numbers,
and she, in turn, will notify the -Sheriff for further action.
ADJOURNMENT
There being.no further business to come before the
meeting it was moved by Councilman.Tourtelot, seconded by - Council®
mam_ Fay Ond unanimously carried that .the- meet.ing, be adjourned at
10:20 P.M..to Monday,,March.22, 1965 at .7:30 P.M.
APPROVED:
— Mayor
_10 -
City Clerk''`
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