3/13/1967MINUTES OF THE
REGULAR MEL,
MEETING OF THE CITY COUNCIL
THE CITY OF ROLLING HILLS, CALIFORNIA
MARCH 13, 1967
A regular meeting of the City Council of the City of Rolling
Hills was held'at the City'Hall, 1 Portuguese Bend Road, Rolling Hills,
California at 7:30 P.M. on Monday, March 13, 1967.
OLL CALL
Present: Councilmen Hesse, Nadal, Tourtelot, Mayor Fay
Absent:
Also Present:
INUTES
It was moved by Councilman Tourtelot, seconded by Councilman
esse and unanimously carried that approval of the minutes of February 27
be held until the next regular meeting of the Council.
CORRESPONDENCE
Incorporation of Dominguez n
The City Manager presented a communication from Focal Agency
Formation Commission with reference to notification of a tearing on March 15
of .the . applidation ':f or ; incorporation of the.. prop;oeed .city `.of .Dominguee .
The letter was ordered received and filed.`.
Councilman Klein
Teena Clifton
William Kinley
Marion Welch
June Cunningham
A. Bond!
Chief Brewer
M. W. Ransom
W. Kessenick
W. Ellison
A. Esser
M. Gould
J. Millhauser
Mrs. Saffo
Mrs. Schleissner
S. Swanson
W. Stringfellow
Mr. & Mrs. E. Worth
City Manager
City Attorney
City Treasurer
Secretary.
L.A.—
County Road Dept.
L.A..County Fire Dept.
L,.A, County Flood Control
So.. Bay Engineering
Resident
Resident
Resident
Resident
Resident
Resident
Resident
Resident
Residents
Pacific.,Telephone Co. Rate Increase
Resolutions from the cities,of Beverly -Hills and Manhattan Beach
protesting rate increases by'Pacific Telephone` Company"wete"ptesented by
the City Manager. The matter„was.ordered..held on the agenda.
Proclamation.-,Pal.os.Verdes.Peninsula Javicees
A proposed proclamation proclaiming the week,'>of March 20-27 as
JAYCEE WEEK was not acted upon, because o.f a lack .of 'a. second to Council -
an Tourtelot's motion. ;
PORTS OF CITY DEPARTMENTS
Sheriff's Department
The City Manager presented the Sheriff's .Report for the month of
January 1967. It was ordered receiyed.and filed.
March 13, 1967
Fines and Forfeitures
The City Manager presented the Analysis and Distribution of Fines
and Forfeitures for the month of February 1967, noting that the City's share
is $84.55. The report was ordered received and filed.
FLOOD CONTROL PROJECT #6601
Mayor Fay advised the Council that the matter of
ject #6601 would be considered, and that Mr. Ransom of the
County Flood Control District was at the Council Meeting at
request.
Line C of Pro -
Los Angeles
the City's
Councilman Tourtelot, in his capacity as chairman of a commit-
tee appointed to contact Mr. Magness of the Flood Control District reviewed
the correspondence to and from Mr. Magness during the previous two weeks,
copies of which had been sent to members of the City Council, Board of
Directors of the Rolling Hills Community Association, Mrs. Saffo and Mr.
and Mrs. Worth.
Mr. Edgar Worth requested that his letter of March 13 to the
City Council be read, and Mayor Fay so ordered. The City Manager read
the letter.
Mayor Fay then called upon Mr. Milan W. Ransom " Assistant Chief
Deputy Engineer, Los Angeles County Flood Control District, for his com-
ments. Mr. Ransom asked whether the request for information was for a
general status of the project insofar as the District is concerned, and
the Mayor answered that it was. Mr. Ransom advised the Council as follows:
The Bond Issue is a contract between the Flood Control District and the
voters of the district. The Bond Issue was developed in cooperation with
all of the cities in the area to meet their master planning, and the Dis-
trict does not attempt to determine whether or not the project fits the
,,--f"master planning of the city. When it has been voted on and becomes a
:-roject, the city is requested to prepare detail plans. The terms of the
110hd Issue provide that the city's engineer will then design the project
<,to accomplish the purpose as set forth in the Bond Issue. These plans
,.:are then submitted to the Flood Control District office; the plans are
reviewed to see if they meet theeneral criteria, but not to see that
they solve the problem, because the Flood Control District does not attempt
to solve local drainage problems; then they are put into the form of a
contract plan and specification. They are advertised, and at the time of
advertising, in accordance with the Los Angeles County Flood Control Dis-
trict Act, the Council is requested to approve the plans and specifications
and authorize the construction:in their city. When that is done, the bids
are called for, and the contract is awarded to the low bidder on a compet-
itive bidding basis. Durin the contract, changes permissible are changes
which are directly connect@ with the contract, but do notermit a change
of a nature which would be in effect redoing the project; they have to be
related to the work. Any change of that nature would be considered, and
would be evaluated. Insofar as deleting any portion of the project, once
it has been approved and awarded to the contractor, then deleted, the con-
tractor would be entitled to recover his potential profit and any money
he had expended. The District could not pay any money when the project
was not to be built according to the Bond Issue; therefore, expenses would
have to be paid by the City. Mr. Ransom then offered to answer any questions.
Referring to Mr. Worth's. letter, Mayor Fay asked if the District
had ever considered projecting the line completely across the Worth's
pro-
perty, and Mr. Ransom stated that as he had told Mrs. Clifton and Mr. and
Mrs. Worth, any work that would benefit private property could not be fi-
nanced out of public funds. Mayor Fay then reviewed the three alternatives
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March 13, 1967
as stated by Mr. Magness: 1) approve the project as contracted for,
2) abandon it and pay for the engineering expenses incurred, 3) re-
evaluate the project, with the understanding that all additional costs
incurred.would have'to be borne by the.City. Mr. Ransom added that any
change the City requested would have to serve the same fundamental basis
of the original project.
Councilman Nadal stated that in his opinion the Saffo problem
ould not be separated from the basic drainage problem in the area of
ine C,.Flood Control funds should be used to solve the problem at-Port-
guese Bend Road. and Crest Road, and that he would like to have further
study made into the cost of taking an additional engineering look at the
area, so that the Flood Control funds that are allocated could attempt
to solve all the problems in the area under disucssion.
Councilman Hesse questioned whether .the Council had the free-
dom to consider the question put to the Council by Mr. Nadal, or whether
the project would go into an automatic default situation. Mayor Fay
referred to Mr. Ransom for the answer. Mr. Ransom advised that there
are already approved projects under contract, and under the F1ood.Con
trol Act, if any line of a project is deleted the funds can no longer be
used for that project, nor can they be spent in the area, but must be
spent elsewhere. Mr. Ransom then suggested that a meeting could be held
with the Flood Control District and the City's engineer and adviser to
decide where to go next, but admitted that his outlook is pessimistic
because.of legal complications; that any change would have to relate to
the contract as it now exists, and could not change the concept of the
contract. Further, that competitive bidding on the project was accepted,
and that in.making any change in concept or locale, the City would be
subject to potential liability by the losing bidders.
Mr. Kinley, Attorney for the City of Rolling dills, stated
hat he had visited the site of Line C with Mr. Pearson, and had one
ver the proposed alignment. He further stated that Mr. Pearson gad
aid Line C was not designed to take care of the Saffo problem, and the
affo problem is altogether a different one. E. L. Pearson, acting as
the City's Engineer for Flood Control Project 6601 recognised that there
are two problems, but engineered onlyy the one provided for by the Bond
Issue, as approved by the City, and he said it will take care of the
problem for which it was designed.
Mr. Kinley further said that the problem near the Saffo
residence is an acute one, but is not in Project 6601 as approved by
the City. He then requested that Mayor Fay ask Mr. and Mrs. Worth and.
Mrs.. Saffo whether or not anybody contends, or if they, either of them,
contends that the location of Line C will result in damage to their pro-
perty as presently en ineered. If that is so, then the project may -have
to be.:abandoned. It is the primary consideration, and one which cannot
be overlooked, because if any damage will be done to either the Worth or
Saffo property, it must be re -engineered, and that is of more concern
than anything else before the Council, from the standpoint of legal
liability.
Mayor Fay then asked Mrs. Saffo if she would like to state that
her property would be damaged, and Mrs. Saffo replied that her propertyy
would not. He then asked the same question of Mr. Worth, and Mr. Worth.
replied that his concern was that there would be more water comi4 into
is canyon, because more water would be picked up, but that he had been
ssured by Mr. E. L. Pears,on,that this would not be so, and if such was
he case, he did not feel that there would be any damage, if it is more
efficient than what he has now.
Councilman 'Tourtelot recommended that the City consider extend-
ing the drain pipe on the Worth property, and installing drain pipe on
the Saffo property at City expense. Mrs. Worth then stated that it is her
opinion that the extension should be made at the expense of the Flood
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March 13, 1967
Control District, and that if the request were made for an extension,
the work would not be delayed because work on the upper end of the line
could progress while the change was being engineered. Mayor Fay again
stated that Mr. Ransom had advised that any changes or modifications
would mean additional expense to the City in terms of engineering. Mr.
Ransom then stated the policy of the Flood Control District: If there
are any costs by reason of action of the Council, the District would
look to the City for payment of those costs. Any costs in terms of the
project which are authorized within the Bond Issue, and which fit the
general criteria would be at project cost. He added that Mrs. Worth
had suggested that because of improper engineering, new engineering
should be considered which should be added to the cost of the budget;
Mr. Ransom declined to comment on that; however, he did suggest a
meeting with the Flood Control District and the engineers to consider
the feasibility of negotiation of such a change within the limits of
the Bond Issue. However, he stated that based on past information of
the Engineer, and the Flood Control informally, the extension was not
necessary, and therefore would benefit private property, and it would
have to be paid for by someone else.
Councilman Hesse asked whether the alternatives could be
considered simultaneously~ with Councilman Tourtelot's suggestion,
without.causing any delay which would hold up the project, should it
be decided to proceed with the project. Mr. Ransom answered that it
could.
Mayor Fay asked the City Attorney whether the City had the
legal right to obligate the taxpayers of the City of Rolling Hills
through an extension not included in the budget. Mr. Kinley stated
that the expenditures are not known, and wit out'the total cost, it
would be hard to answer. Mr. Kinley than asked for an explanation of
why the change was being requested by the Worths; whether their object-
ion to the line ending where it does was to additional water in their
canyon; whether the water will deteriorate the size of their property.
Mr. Worth answered that they have always had a problem of erosion, that
in one corner of their barn there is a foot of air space.
Mayor Fay recognized Mr: Swanson, President of Los Caballeros
who told the Council that he strongly supports the Worths' contention
that the termination of the drain should be extended, because the
Caballeros have been trying to get a horse trail in that area to the
Flying Triangle, and if the dissipator is put where now planned, there
will be now room for a trail. Councilman Hesse =asked whether the trail
would be on an easement, and Mr. Swanson stated that it would. Mrs.
Worth, however, said the trail would out across their propert , not on
an easement.. Councilman Hesse then asked whether it was the orths in-
tention to dedicate a portion of their property for a trail to accomodate
the Caballeros. If so,�the dissipator would no longer be located on
private property, but would serve a public purpose, and therefore public
funds might be used. He further stated that if a purpose of the City of
Rolling Hills, one example of that purpose being that the trails which
are used by the Caballeros and by all citizens of the Community were to
be served by such a change porposed, then the City might have a reason to
spend public funds, and Counsel might be able to give an affirmative
answer to Mayor Fay's question. That is the reason, he said why consid-
eration is being given to the question of whether it is public or private
in the matter under discussion.
After discussion, a six point resulution was proposed by Council-
man Hesse and seconded by Councilman Tourtelot. Following questions by
Councilman Nadal, Councilman Hesse amended the resolution as follows:
1. That the project not be interrupted.
2. That .the engineers for the City and Flood Control District, the
Worths and Mrs. Clifton be invited to meet on the site to consider the
necessity for, and initiate an estimate of the cost of, extending Line C
beyond its present terminus.
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March 13, 1967
3.'. That an effort, be made to determine if funds from the.Bond Issue
under .Project 660.1, or ,from. the City, or from private:s:outces including
the Worth.s,.are available that should or that could be applied to the
extension of Line C.
4'. That the City confer with the contractor to establish the cost
of any proposed modification or extension of Line C.
5. That the Worths, Los Caballeros and the Association ascertain if
a Bridle Trail Easement can be obtained across the Worth property and
the6r properties to the Flying Triangle.
That the drainage problem concerning the Saffo problem and Crest
oad be studied by the City, with the cooperation of the Rolling Hills
ommunity Association, to arrive at a solution.
7. That it be ascertained if the Crest Road drainage problem in the
area of -the Saffo property could be made a part of the Flood Control
Project, either as a.modification, or as a substitute, or as part of
Line C.
The amended resolution was seconded by Councilman Tourtelot
and passed by the following roll call vote:
d, AYES:. Councilman Hesse, Nadal,*Tourtelot, Mayor Fay
NOES: None
ABSENT: Councilman Klein
SUBDIVISION NO. 32, TENTATIVE MAP, TRACT 26661, A. E. ESSER. LOT 69E -MS
Mrs. Clifton stated that the Planning Advisor'sReport dated
February 16, 1967 re Tentative Tract 26661, Lot 69E -MS, Alvah E. Esser,
owner, and the minutes of the Planning Commission dated February 21 were
ready for review by the City Council.
With reference to Section I, General, Paragraph G, page 2, Mr.
Esser advised the Council that it is his wish to maintain the present
ural atmosphere, and in his opinion, the present �rivate drive givinecess to his property is adequate- that to widen t as required by the
lanning Advisor and Planning Commission would necessitate removal of two
stone posts at the entrance, a telephone pole and several trees. Mr.
Walter Kessenick, South Bay Engine®ring, representing Mr. Esser, exhibited
a map of the proposed subdivision, colored to show the section of road
used by Mr. Esser.and.other property owneres in the area and pictures of
cars passing on the present road. Mrs. Schleisener,:`:a z ighbor 'of Mr..
Esser stated that in her opinion the road is adequate.
Reference Section VIII, Cit Fire Chief,.Paragraph A, age 3:
The Manager introduced Chia Latham Brewer of the Los Angol@s
Fire Department. Chief Brewer advised that the existing private road
from Crest to the,pioperty is not an adequate road for standard fire ,
fighting equipment without widening of the road, or the addition -of turn-
outs. Mr. Millhauser, a resident, stated that he is unwilling to have
such widening or turn -outs on his property, and further stated that the
property of Mr. James Barnard, another neighbor, is not adaptable for
either purpose because of trees.
1. The matter was held over to give the members of the Council an
opportunity to make a field trip to the site and evaluate the Planning
Advisor's recommendation with reference to the private drive and the
recommendation of the City Fire Chief: "That a standard city road be
stablished from Crest Road to the beginning of this tract on the exist -
ng driveway. The width of paving should be per city ordinance."
Mrs. Clifton asked Chief Brewer to advise the Council, as
instructed in Planning Commission Minutes of February 21, whether the
present lines leading to Mr. Esser's pproperty are adequate for a hydrant
1. ying.,l250.gallons.per.minute at 20 psi, as s ecified.in Paragraph B
of Section VIII. She also mentioned that Mr. William Stringfellow might
have a question with regard to the fire hydrant requirement on his sub-
division, and that Mr. Willard Ellison was present to express a concern
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March 13, 1967
with reference to the fire hydrant required in his subdivision on
Portuguese Bend Road.
Chief Brewer stated that at present the properties in,:the area
of Crest Road are being served by a 41,' main, but that the Palos Verdes
Water Company has a'36 main along'Crest Road from reservoirs located to
the East of the properties in question, and because Mr. Stringfellow's
subdivision ig 1300 feet from Crest Road the fire.department has recom-
mended that the Water Company tap the 36 main and"that Mr. Stringfellow
replace the hydrant head on Crest Road,,run'a line to the boundary of the
new property, and there install a new hydrant, -to provide hydrants and
fire flows adequate for properties in the area, including Mr. Essers.
Mr. Stringfellow has agreed to comply with the requirements.
With reference to Mr. Ellison's subdivision, Chief Brewer
reported that the Fire Department had tested the line, -pressure near Mr.
Ellison's property on March 13, and the hydrant delivered 2194 gallons
per minute, which is adequate for the area, and therefore, no additional
hydrant will be necessary.
Chief Brewer left a map with the City Manager, showing the main
on Crest Road. Mayor Fay thanked Chief Brewer for has presentation.
PAYMENT OF BILLS
It was moved by Councilman Nadal that Demands No.1316 through
325 be approved for payment from the General Fund.
DEMAND
NO. NAME
AMOUNT
316
Addressograph Multigraph
$222.12
317
J.A. Lambie, Cty. Engineer
106.00
318
P.V. Hills Co-op Nurs. School
22.00
319
Riviera Stationers
1.77
320
Pacific Telephone
12.88
321
Palos Verdes Water Co.
3.00
322
Gateway National Bank
130.50
323
The Corinth Co.
10.00
324
So. Calif. Gas Co.
9.64
325
General Telephone Co.
202.59
$720.50
Motion for approval was seconded by Councilman Tourtolot and
seconded by the following roll call vote:
AYES: Councilman Hesse, Nadal, Tourtolot, Mayor Pay
NOES: None
ABSENT: Councilman Klein
PROPOSED ORDINANCE - WEEO ABATEMENT
Mayor Fay directed ,,the matter be hold on the agenda.
ADMINISTRATION 'BUILDING
Mayor Fay directed the matter be held on the agenda.
EASTFIELD GATE CONDEMNATION
Mayor Frsy directed the matter he held on the agenda.
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March 13, 1967
UNDERGROUND UTILITIES
Councilman. Tourtelot reported that he has contacted represent-
atives of Southern California Edison about the General Telephone Company's
intention to install underground cables on Crest Road; and both companies
have.agreed to a joint venture in installing lines, to eliminate future
excavation. The matter was ordered held on the agenda until plans are
submitted for final approval.
INCREASE IN BUILDING PERMIT FEES `
The City Manager reported that she had discussed with Mr. Alex
Bond, District Engineer of the Lomita Buildingand Safety Office, the
matter of revenue vs expenses in connection wth the County Engineers
contractual service for the issuance of building permits and building
inspections.
She stated that because the first and third quarters of 1966
reflected an excess of expenses over fees collected, an attempt had been
made to determine the primary causes for the deficit period. Mrs.
Clifton then introduced Mr. Bond, and submitted to the Council a colored
graph study of revenue vs expenses for building permits issued and
inspections made since 1960.
Mr. Bond stated that it was his opinion that the increased
emphasis on geology and its accompanying inspection, the cost of which
must come from the building permit fees, is the reason for the increased
cost to the City. He recommended that the fees be increased, in order
to cover expenses of the Building Department service.
Mrs. Clifton recommended that the Council double the building
permit fees, but not increase the plan, check fee at the present time.
fter discussion, it was moved by Councilman Tourtelot seconded by
ouncilman Hesse that the building permit fees be tdoubied, and the Man-
ger was directed to notify the Department of Building and Safety in
writing of the increase.
PERSONNEL SESSIO.N
The meeting was adjourned to a closed session by Mayor Fay
at 10:35 P.M. to discuss` impending litigation.
ADJOURNMENT
Followingthe personnel sessi®n, the meeting was reconvened at
11:30 P.M. There ein no further business to come before the meeting,
it was moved by Councilman Hesse, -seconded by Councilman Tourtelot, and
unanimously carried that the meeting be adjourned.
City Clark
APPROVED:
Mayor