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9/14/1970114 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA September 14, 1970 A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Hesse at the Administration Build- ing, 2 Portuguese Bend Road, Rolling Hills, California at 7:30 P.M. Monday, September 14, 1970. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: APPROVAL OF MINUTES Councilmen Bear, Sauer, Pearson, Mayor Hesse Councilman Fay' City Treasurer Welch Teena Clifton William Kinley ,June Cunningham City Manager City Attorney Secretary A motion to approve the minutes of the meeting of August 24th was made by Councilman Pearson, seconded by Councilman Sauer and unani- mously carried. PAYMENT OF BILLS Councilman Pearson moved that Demands No. 1635 and 1636; Demands 1638 through 1648 and Demands No. 1650 through 1656 be paid from the General Fund, and Demands No. 1637 and 1649 be paid from the Traffic Safety -Fund. DEMAND NO. PAYEE 1635 Addressograph Multigraph Corp. 1636 Bay Air Refrigeration 1637 Coast Tree Service 1638 Cory Coffee Service Plan, Inc. 1639 General Telephone Co. 1640 Southern Calif. First National Bank 1641 Harbor Office Supply 1642 Lomita Maintenance Service 1643 Miller Desk 1644 Peninsula Car Care Center 1645 Palos Verdes Water Co. 1646 Remington Rand 1647 Rolling Hills Community Association 1648 Rolling Hills Nursery, Inc. .1649 Safeway Sign Co. 1650 Sears, Roebuck & Co. 1651 Southern Calif. Assn. of Govt. 1652 Southern California Gas Co. 1653 Stewart -Jackson Sprinklers 1654 Jimmie West Plumber 1655 Xerox Corporation 1656 Alma C. Clifton General Fund Traffic Safety Fund AMOUNT $31.12 37.50 138.00 24.08 151.50 164.30 19.84 125.00- 89.68 9 .2 5 22.26 16.09 7,533.97 61.80 81.03 100.55 7.00 5.42 75.00 40.13 67.22 330.35 $8,912.06 219.03 Motion was seconded by Councilman Sauer and carried by the following roll call vote: AYES: Councilmen Bear, NOES: None ABSENT: Councilman Fay Pearson, Sauer, Mayor Hesse 1 September 14, 1970 PROPOSED ORDINANCE - Controlling the_ Keeping, Stabling, Pasturing and Raisingoof'Horses and Cattle in the City of Rolling Hills Mayor Hesse opened discussion on the proposed ordinance. Councilman Pearson expressed the opinion that rather than an ordinance controlling stabling of animals, there was a need for enforcement of measures to regvire residents to observe basic health and safety rules relative to thg r property. Councilman Sauer said he agreed with Mr. Pearson's statement, and Mayor Hesse thereafter requested that Mr. Kinley, City Attorney, prepare a new ordinance on Public Health and Safety. Mayor Hesse requested that copies of the proposed ordinance controlling the keeping, stabling, pasturing and raising of horses and cattle in the City of Rolling Hills be kept, on file for future reference in the event that a need for such an ordinance should arise in the future. Mr. Kinley said he would have an ordinance on Public Health and Safety'ready for the next meeting of the Council. Q PROPOSED ORDINANCE - Creating and Establishing the Office of City Manager Councilman Pearson moved that a proposed ordinance entitled: Q AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS CREATING AND ESTABLISHING THE OFFICE OF CITY MANAGER, DEFINING THE DUTIES AND POWERS THEREOF AND PROVIDING COMPENSATION THEREFOR be introduced, and that reading in. full, be waived. The motion was seconded by Councilman..Bear and carried by the following roll call vote: AYES: Councilmen Bear, Pearson, Sauer, Mayor Hesse NOES: None _ ABSENT: Councilman Fay y CORRESPONDENCE Regional Planning Commission re: Zoning Case NQ. 5628-(4) .e The pity Manager presented a notice of a public hearing to be held on Tuesday, September 22, 1970 at 9:30 A.M. to consider a request for a change -of zone, Zoning Case No. 5628-(4). The petitioner requested that the zone be changed from R-3-7,000 (Limited Multiple Residence - 7,000 square foot required area) to R-1- 7,000 (Single Family Residence -. 7,000 square foot required area) for a triangularly shaped 21,000 square foot parcel located on the east side of Hawthorne Boulevard north of the intersection of the centerlines of Hawthorne Boulevard and Seamount.. The notice was received and noted. ' Regional Planning Commission: Proposed Subdivision Parcel Map 1865, A copy of a letter dated August 31, 1970 from Regional Planning Commission, with a copy of a tentative parcel map for three parcels on Via Campesina in the Palos Verdes Peninsula was presented to the Council. The Manager was directed to consult with the City Manager of -� the City of Palos Verdes Estates about any action of their City Council with regard to the subdivision. The letter was received and filed. &AN September 14, 1970 FOURTH CITY Mayor Hesse stated that it was his wish to speak before the Council on the matter of the action of the Los Angeles County Board of Supervisors on September 8th when it voted unaf.imously to uphold the protest petitions of opponents of incorporation and terminated incorporation proceedings for Rancho Palos Verdes, a fourth city on the Palos Verdes Peninsula. Mayor Hesse explained that one step towards incorporation, under statute, is a requirement that opponents of incorporation must be given the opportunity to file written protests. If the Supervisors find that owners of more than 51% of assessed valuation of land (alone without improvements) within the area to be incorvorated have filed validprotests, under the statute the Supervisors jurisdicition ceases and incorporation proceedings are terminated. Mayor Hesse reported that on September 8th signatures of owners of more than 51% of assessed valuation of land protesting incorporation were filed with the Board of Supervisors. He reported, however, that in determining the validity of signatures on these pro- tests, County Tax Assessor Philip Watson hadaruled that protests filed, before duly 24th should be ruled invalid because there was no- thing certified to protest prior to that date, Mayor Hesse explained that the Clerk of the Board, James Mize, made an independent account of the protests, ignoring the question of the date of the opening of proceedings, and on the basis of his report that the signatures exceeded the required 51%, the Board of Supervisors acted. The Mayor also explained that County Council had supported Mr. Mize, and that the Supervisors accepted Supervisor Chace's viewpoint that in view of County Counsel's opinion, they had no choice but to terminate the incorporation. The Mayor observed that in electing to ignore the question of the effective date for the initiation of pro- test proceedings, County Counsel and the Board left open a question which might require legal interpretation some day by some other body such as a court, and that research had disclosed that this point has not previously been tested in the courts. The Mayor reported that immediately following the Supervisors' action, the incorporators filed suit in U.S. District Court questioning the constitutionality of that portion of the statute which would de- prive the residents and taxpayers of the unincorporated area of the right to vote on the fourth city question as a result of the protest proceedings. He observed that more than 2/3 of the property owners and more than 3/4 of the registered voters in the unincorporated area had previously signed petitions requesting an incorporation election. Since filing the suit the Federal Judge to whom the matter was referred has ruled that there is a substantial question of the constitutionality of the statute and of the Supervisors' action, and as requested by the plaintiffs has assigned the issue to a special three-judge federal court from which a decision may be appealed directly to the Ha S. Supreme Court. The Mayor reported further that following announcement of the Supervisors' decision and the filing of the lawsuit, there was a broad surge of expression of interest and support as evidenced by the numbers of telephone calls and letters received at SOC headquarters. In addi- tion, he said the fourth city Steering Committee had been presented with considerable evidence of protest signatures having been, obtained on the basis of incorrect or misleading statements made by opponents in soliciting protest signatures and including evidence of protests which appear to be forgeries, and in which legal owners have filed affidavits with SOC so stating. The Mayor indicated that there is clear evidence of a continuing and broadening public mandate to con- tinue efforts to incorporate a fourth city on the Peninsula as the -3- September 14, 1970 most timely and effective means of assuring local control of Peninsula governmental actions. The Mayor indicated that an item of urgent business before each of the city councils, including the Rolling Hills City Council, is the need for effort to prevent further damage to the Peninsula environment' pending decision of the courts on the fourth city question. The Mayor then asked that to help cope with this problem, the Rolling Hills City Council adopt a resolution asking cooperation of the County in exercising great care in land -use decisions pending deter- mination of the fourth city question on which the federal courts are now acting. In the discussion that followed Councilman Pearson questioned whether the rights of all property owners would be adequately protected if a resolution were adopted requesting that all zone changes and all zone exceptions be denied. He asked whether developers and individuals would be expected to conform to existing zoning, or to the guidelines established by the Palos Verdes Peninsula Advisory Council. Mayor Hesse replied that the overall density of development is of concern to the majority of Peninsula residents, and the Board of Supervisors and the Regional Planning Commission should be urged to function with great restraint in reviewing any request for change. Mayor Hesse then presented in draft form a resolution entitled: RESOLUTION OF THE CITY OF ROLLING HILLS REQUESTING THE REGIONAL.PLANNING COMMISSION AND THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY TO FOLLOW CERTAIN GUIDE LINES IN FUTURE ZONING OF PALOS VERDES PENINSULA, A motion to adopt the resolution., after review and approval of the final form by members of the Council was made by Councilman Sauer, seconded by Councilman Bear, and carried by the following roll call vote: AYES: Councilmen Bear, Pearson, Sauer, Mayor Hesse NOES: None ABSENT: Councilman Fay The resolution, Resolution No. 264, is set forth in full in the records of the City of Rolling Hills. Board of Supervisors The City Manager presented a letter dated August 31, 1970 from the Board of Supervisors.of Los Angeles County advising that the Board, with the concurrence of a favorable vote of the Los Angeles County Division of League of California Cities, has proposed that construction of 286 critical and urgently needed storm drains to protect residents in all parts of Los Angeles County be financed by a bond issue to be placed on the November 3rd ballot. Mrs. Clifton said that following notification of the allocation to the City of Rolling Hills, the Council had authorized preliminary engineering work for costing and alignment of drains in the City. She said, further, that the previous Flood Control Bond Issue projects required that the County use concrete pipe installations, but by using a newly authorized local criteria in the City of Rolling --Hills, many more problems can be solved with the bond issue money allocated._ A motion to adopt Resolution. No. 265 in support of the Storm Drain Bond Issue was made by Councilman Pearson, seconded by Mayor Hesse and carried by the following roll call vote: AYES: Councilmen Bear, Pearson, Sauer, Mayor Hesse NOES: None ABSENT: Councilman Fay -4- September 14, 1970 Board of Supervisors A letter dated September 2, 1970 from the Board of Supervisors was presented to the Council. games S. Mize, Clerk of the Board, ad- vised that in view of the failure to enact equitable tax reform legisla- tion, a meeting to review the problem had been. scheduled for 10:30 A.M. Wednesday, September 16, 1970 in the Board of Supervisors meeting room. The letter was received and noted. Los Angeles County Federation of Labor, AFL-CIO The Manager presented a letter from Sigmund Arywitz, Executive Secretary of�.'the Los Angeles County Federation of Labor to Mayor Hesse, asking that a proclamation be issued by the City Council recognizing the week of September 7th through September 13th as Union Label Week. A letter from Mayor Hesse dated September 4th was also presented. The Mayor advised Mr. Arywitz that all requests for proclamations were acknowledged by reading the letter at a regular City Council meeting, but the Council has declined in all cases to authorize a proclamation. The correspondence was received and filed. League of California Cities A notice of the General Membership Meeting of the League of California Cities, Los Angeles County Division to be held on Thursday, September,17, 1970, was presented to the Council. The notice was received and filed. Southern California Association of Governments The final program for the Fall General Assembly meeting of SLAG on Thursday, September 24, 1970 was presented. The Manager advised that she and Councilman Fay plan. to attend the meeting at the Disneyland Motel. Palos Verdes Water Company Replacement Plans Councilman Sauer reported that Councilman Bear, the City Manager and he had met with Mr. Jeptha Wade of the California Water Service Company, new owner of the Palos Verdes Water Company. He said another meeting would be scheduled for the near future, and after receiving more specific information a report would be made to the City Council. The Mayor ordered the matter held on the agenda. Zoning Case No. 9124-(4), Congregation Ner Tamid The Manager advised that no additional information had been received. The matter was held on the agenda. Flying Triangle Extension Mayor Hesse ordered the matter held on the agenda, and com- mented that while the suit on the fourth city is pending he wished all a-spects pertaining to annexation to remain "status quo"". The matter was ordered held on the agenda. -5- i I. 1 .g September 14, 1970 Department of Housing and Urban. Development re: Federal Flood Insurance The Manager advised that; she and the City Attorney would meet in the near future to discuss the need for Federal 'Flood Insurance Coverage in the City of Rolling Hills. The matter was held on the agenda. Report and Recommendation: Special Sub -committee on.Sheriff's Costs Councilman Bear stated that he had not been advised of the date of any recent meetings, and asked that the Manager inquire about whether any future meetings are planned, and advise him of the dates. The matter was held on the agenda. Lease of City Park to Rolling Hills Community Association The Manager requested that the matter be held on the agenda until it has been discussed at the meeting of the Board of Directors of the Rolling Hills Community Association. The Mayor so ordered.,_,._ MATTERS FROM CITY OFFICERS Women's Community Club Request Mrs. Clifton reported that' -the president of the Rolling Hills Women's Community Club had requested permission to use the Rolling Hills tennis court for their annual party_ in October. Motion to delegate the decision to the jurisdiction of -the Tennis Committee of the Rolling Hills Community Association was made by Mayor Hesse, seconded by Councilman Pearson and unanimously -carried. ADJOURNMENT There being no further business to come before the Council, Mayor Hesse adjourned the meeting at 9:00 P.M. on a motion made by Councilman Bear, seconded by Councilman Sauer and unanimously carried. City C er. APPROVED: .. Mayos°