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
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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
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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
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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.
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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°