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12/14/1970F412' 2: MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA December 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. Noonday, December 14, 1970. ROLL CALL PRESENT: Councilmen Bear, Pearson, Sauer, Mayor Hesse ABSENT: Councilman Fay ALSO PRESENT: Teena Clifton William Kinley Marion Welch June Cunningham Mrs. Florence Ziegler Miss Mary Ballhaus Frank Carbone APPROVAL OF MINUTES City Manager City Attorney City Treasurer Secretary League of Women Voters Students, Rolling Hills High School A motion to approve the minutes of the meeting of November 23, 1970 as presented was made by Councilman Pearson, seconded by Council- man Bear and carried unanimously. PAYMENT OF BILLS Councilman Pearson moved that Demand No. 1727 be voided and Demands No. 1728 through 1752 be paid from the General Fund. DEMAND NO. PAYEE AMOUNT 1727 Void 1728 General Telephone 37.87 1729 California Corr. Institute 14.61 1730 Cory Coffee Plan 10.30 1731 Cotton & Francisco 400.00 1732 L. A. County Sheriff Dept. 7,188.00 1733 Forester & Fire Warden 55.82 1734 NTL Institute 2.74 1735 Harbor Office Supplies 39.05 1736 Lomita Maintenance Service 125.00 1737 Pacific Telephone Co. 14.51 1738 California Water Service 41.22 1739 Peninsula Car Care Center 356.02 1740 Reas Hardware 7028 1741 Sears Roebuck 35.21 1742 Tosh Sakata 100.00 1743 Southern Calif. Edison 105.17 1744 Southern Calif. Gas Co. 23.72 1745 Tyler Printing Co.. 21.63 1746 Xerox 40.62 1747 Zellerbach Paper Co. 21.72 1748 General Telephone 5.25 1749 June Cunningham 489.24 1750 Alma Clifton 481.95 1751 Lillian Hyller 61.58 1752 William Kinley 551.25 10,229.76 that I. December -14,'1970 The motion was seconded'by Councilman Sauer and carried by the following roll call vote: AYES: Councilmen Bear, Pearson, Sauer, Mayor Hesse NOES: None ABSENT: Councilman..Fay t CORRESPONDENCE Regional Planning Commission:'Parcel Map 1775 (revised) A letter dated November 9, 1970 encloging a tentative map for_ Parcel No. 1775, submitted to the Regional Planning Commission on November 4, 1970 for approval, was presented to the Council. Mayor Hesse explained that when the'map was -..originally submit- ted to Regional Planning in July 1970 concern was expressed about the adequacy of proper buttressing for the construction: After viewing �p the revised grading map the Mayor requested that the Manager write © to.Regional Planning and inquire whether proof of soil stability and adequate measures for buttressing the foundations had been submitted by the developer. Q The matter was ordered held on the agenda. Regional Planning Commission re: Resolution -No. 264, Citv of Rolling Hills A letter dated November 16, 1970 from Regional Planning Commis- sion, thanking the City Council for Resolution No. 264, was presented to the .Council. Resolution No. 264, entitled "A 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" was adopted by the City Council at a regular meeting on the 14th day of-September,.'1970. The letter was received and filed. Regional Planning Commission re: Zoning Case No. 5536-(4) A.copy of a letter dated November 19, 1970 from Regional Plan- ning Commission to Westwood Village Development Co. was presented by the City Attorney, who had received a copy. Mr. 0. K. Christenson, Director of Planning, advised that a public bearing was held to consider a petition for a change ofzone fromR-A-15,000 to RPD -15,000 for property located on the south side .of Crest Road at Highridge Road. After considering all pertinent facts and the testimony offered at the public hearing on November 18, 1970, the Commission recommended no change of zone. The letter was received and noted. Regional Planning Commission re: Parcel Map 2063 A letter .dated November 20, 1970, with -'a copy of a proposed tentative map -for -Parcel 2063 on Diamonte Lane, San Pedro, was pre- sented to the Council for information only. The letter and map were received and filed. -2- December 14, 1970 City of Alhambra A letter dated November 23, 1970 from the City of Alhambra to Members of the Association 'of City Attorneys of Southern California_ was presented to the Council by William Kinley, City Attorney. The Association of City Attorneys of Southern California is considering the filing of an amicus curiae brief in the case of Donovan vs.-,;Reinbold and Askew et al., U.S. Count of Appeals, Ninth Circuit, Case Nos. 23622, 23671, if there -is sufficient financial support from the various cities. Each city attorney was asked to obtain.authority..f.rom.his city council to expend no more than $100 for .the pre"p"aration 'of an amicus curiae brief, and for authorization to use the'City's name as a party thereto: Mayor''Hesse.asked the -City Attorney to explain the request to the Council.' Mr. Kinley explained that a city attorney who is a full time employee of a city has, no mal -practice insurance, and in a case where his legal opinion is challenged and he becomes the defendant, it is -necessary fora city to hire outside legal assistance. The Court of Appeals has ruled that city attorneys who give advice to their''ci.ties and its officials are immune from liability under the Federal Civil Rights Act only if they are acting in good faith. If the present decision is allowed to stand;.-and'if-the advice given was erroneous, the only defence would be a determination by the trier of fact that the attorney was acting in good faith. Mr. Kinley requested that the Council support the Association of City Attorneys of Southern- California in their request for funds,. Following a discussion of the matter, the letter was ordered filed without action. California_• Contract• Cities Association A notice ofthe December meeting of the'California Contract Cities'Xssoci.ation on Wednesday, December 16,-1970 in Lawndale was presented to the Council. Councilmen Bear and Sauer indicated that they wished to attend, and the Deputy City Clerk was directed to make reservations for them. Los Angeles County Flood Control District A Copy of a letter from Los Angeles County Flood Control Dis- trict and a copy of the 1970 Storm Drain Bond Issue Report Engineer- ing Agreement was presented to the Council. Engineering charges were not included, and would be presented after December 21, 1970, the Council was advised. Mayor Hesse directed that the City Attorney review the agree- ment, and that.the matter be held until the first meeting in January 19712 when't••engi "' , rig= charges would be available. Palos Verdes Peninsula Chamber of Commerce A letter dated December 8, 1970 from the Palos Verdes Peninsula Chamber of Commerce was presented to the Council. William C. Kulow, President, requested that the Council consider an allocation of $500 to the Chamber for 1971, similar to the amount allocated in 1970. Mayor Hesse ordered the matter held on the agenda until the return of Councilman Vernon Fay, Council delegate to the Chamber of Commerce. -3- 4 December 14, 1970 Planning Advisor, City of Rolling,:Hills: 1970 California Legislation Correspondence dated November 17, 1970 from.Geoffrey Taylor, Planning Advisor for the City.of.Rolling Hills, was presented to the Council. Mr. Taylor provided a.summary of statutes enacted and reso- lutions adopted by the 1970 California Legislature which are relevant to the. activities of the Rolling Hills Planning Commission. Under the title Recreation and Conservation Planning, ACR 123: Directs the State Department of Parks and Recreation to study the . feasibility of acquiring and developing the Portuguese Bend slide area and adjacent ocean front areas of Palos Verdes Peninsula as a state beach and park. Copies of Assembly Concurrent Resolution No. 123 were provided for Council members by Planning'Commissioner Philip Battaglia. The resolution was introduced by Assemblyman Beverly, and requests a report to the Legislature in January, 1971. 0 Mayor Hesse ordered the matter held on the agenda. Report, Urban Problems Committee, League of California Cities The City Clerk circulated a copy of a report prepared by the Urban Problems Committee of the Los Angeles County Division of the League of California Cities. Mayor Hesse advised the Council that he had received a letter from Louis T. Gilbertson, Council of the City of Temple City, enclosing a sample copy of an ordinance for presentation to the City Council. Mr. Gilbertson advised that at the November: 5th meeting he had requested, on behalf of all cities, a 30 -day period to study the re- port, which would affect all 77 member cities of the Los Angeles County Division of the League. _However, the report was approved 18 to 10 with one amendment (making the composition of the new agency 100% elected officials.) Therefore, Mr. Gilbertson advised, the delegates of 18 cities established a major policy guideline for the 77 member cities of Los Angeles County Division of the League of California Cities, which will have a vast impact upon the future role of all cities. Mayor Hesse then read the sample resolution in full, and advised the Council that similar resolutions requesting the Board of Directors of the Los Angeles County Division of the League of California Cities to set aside action taken on November 5, 1970, approving a report of the Urban Problems Committee entitled "Changing Roles of Cities" and to place the matter on a future agenda for further discussion had been adopted by the cities of Arcadia, Hawthorne and Monterey Park, and copies had been sent to member cities. In the discussion that followed Councilman Pearson said he thought the report of the Urban Problems Committee required a tremen- dous amount of study, and because of the length of the report, it could not be done quickly. Councilmen Bear and Sauer expressed an .interest in obtaining individual copies for study,.and Mayor Hesse said he would furnish individual copies for each councilman. RESOLUTION. N0. 269 Councilman Pearson moved that Resolution No. 269 entitled: "A Resolution of the City Council of the City of Rolling Hills Re guesting the Board of Directors of the Los Angeles County Division, League of California Cities,.to Set Aside Action Taken on November 5, 1970 Approving Report of the Urban Problems Committee Entitled "Chang- ing Roles for Cities", and to Place the Matter on a Future Agenda for -4- December 141) 1970 Further Discussion" -.be adopted. ' 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 Public Utilities Commission A notice of,prehear.ing conference on the matter of the appli- cation of S®'uthern.'Ca.lifornia Edison Company for. an increase of .rates charged, by `'t for-e1'ectric service was presented to the Council. The hearing is scheduled_-for.Yriday, December 18, 1970 in Los Angeles. The".'notice was received and noted. FINAL MAP - Tract:30678,_M.T.S. Investment Company Mayor Hesse opened a -discussion of Tract 30678, M.T.S. Invest- ment,Company, which had been.held on,the agenda from the previous meeting because all conditions of approval had not been met. The . clerk presented a letter from South Bay Engineering dated December 9, 1970 which advised that the estimate for road improvement., on Portuguese Bend Road as required would be $1,045.00. Councilman Bear requested that the newly created Lot 1 have a stipulation with regard to location of the stable site. Because of existing and proposed residences in the area, Councilman Bear re- quested that the'.developer be required to put his stable on the west side of Portuguese ­Bend Road. If that is not considered satisfactory because o -f -the;. -safety factor, Mr.. Bear then requested that the stable location -on -•the portion of the lot with the residence be restricted, and that­appropriate,.notations be made on. the title sheet of the -linen. Mr. Robert'de Jerne.tt,-South Bay Engineering Corporation, represented the subdivider and agreed to the conditions on his behalf. Following the 'discussion Councilman Pearson moved that the estimate for road improvement of Portuguese Bend Road be approved, restrictions pertaining to the stable location be placed on the final map and on the title sheet, and that the Council approve the final map, but that it be signed by the City Clerk only after the restric- tions had been included. The motion was seconded by Councilman Bear and carried by the following roll call vote: AYES: Councilmen. Bear, NOES: None ABSENT: Councilman Fay Pearson, Sauer, Mayor Hesse REVISED TENTATIVE MAP Tract 263439 Adams, Shaver, Johnson Mrs,. Clifton reported to the Council that at a meeting of the Planning Commission- "also in session in. an adjoining room, the revised tentative bap for Tract 26343, Adams, Shaver and Johnson, had been: ' presented at a public hearing, with a request for modifications under Article V, Sections 5.03, Frontage on Lots 2 and 3; Section 5.04a, Abutting Footage, Lots 4 and 7; Section 5.04b, Minimum Width, Lots, 4 and 7, and Section 5.05, Turning Area at End of Cul de Sac, Lots 2, 3, 4 and 5 of Tentative Tract 26343. The Planning Commission had voted to grant the modifications requested. With.'the revised map -South Bay Engineering Corporation had sub- mitted a'list of recommendations for requirements for streets and drainage on the -tract. After reviewing the list of recommendations -5- L� December 141, 1970 Councilman Pearson moved that the City Council approve the Planning Commission's recommendations that the modifications be granted, ap- prove the recommendations for streets and drainage as submitted by South Bay Engineering Corporation, and approve the tentative map. He further asked that the City Manager work with the subdividers to facilitate presentation of the grading plan for the driveway through the. County Engineer, rather than a review through the Road Department; Motion was seconded by Councilman Sauer and carried by the following roll call vote: AYES: Councilmen Bear, Pearson, Sauer, Mayor Hesse NOES: None ABSENT: Councilman Fay REAL PROPERTY LEASE A copy,of a lease between the City of Rolling Hills and the Rolling Hills Community Association of Rancho Palos Verdes was pre- sented to the Council by the City Attorney. Mayor Hesse ordered the matter held on the agenda until the next regular meeting of the City Council. CITY DEPARTMENTS Sheriff's Department Report - September 1970 The report of the Sheriff's Department for the month of Sep- tember 1970 was presented. The report was received and filed. Sheriff's Statistical Reports.- October and November 1970 Letters from Captain John F. Peacock, Lennox Station,. dated November 19, 1970 and December 4, 1970 were presented to the Council. Pursuant to a request from the City Council, Captain Peacock submitted a statistical summary of traffic enforcement within the City for the months of October and November 1970. Councilman Bear said he considers the information valuable to the City, but he felt additional information would be helpful. Be= cause of the relationship between the number of citations issued and the number of accidents, as explained by the Sheriff's Department-, Councilman Bear requested that the number of accidents in the City for each month be included in the statistical summary. The correspondence was received and noted. Fire Department Report The Report of the Fire Department for the month of October 1970 was presented. The report was received and filed. AGENDA ITEMS HELD OVER Palos Verdes Water Company Replacement Plans Mayor Hesse reported that the Palos Verdes Water Company's commitments for the year 1970 had not and would not be met, and he said he would write a letter to Mr. Lindberg of California Water Services Company inquiring about the status of the proposed improve- ments. A copy of the letter would also be sent to the officer who presided at the hearing conducted by the Public Utilities Commission on the -application of the Palos Verdes Water Company for an increase in rates. Mayor Hesse said he would request a report on the study an • December 14, 1970 made, and before the letter was sent he would have draft copies sent to Councilmen Bear and Sauer for their comments and editing. The matter was held on the agenda. Zoning Case No. 9124-(4), Congregation Ner Tamid The matter was held on the agenda. Flying Triangle Extension The matter was held on the agenda. Report and Recommendations: Special Sub -Committee on Sheriff's Costs The matter was ordered held on the agenda. Health and Safety Ordinance Mr. Kinley reported that he has not completed the Health and Safety Ordinance, but has prepared an ordinance prohibiting the drill- ing of water wells in the City of Rolling Hills, a copy of which has been forwarded to the California Regional Water Quality Control Board for approval. Mr. Kinley said the matter should be held in abeyance until the Control Board has commented on the proposed ordinance, and thgn the matter should be placed on the Council's agenda for action,. Mayor Hesse ordered the matter held on the agenda. Amendment to Building Code - Roofing Requirements Mayor Hesse ordered the matter of the proposed ordinance. amending sections of the Building Code of the City of Rolling Hills relating to fire retardant roofs held on the agenda. He said, further, that he wished to enlarge the matter to consideration of Fire Preventio Measures, and to include as sub -headings for the Council agenda: a. Proposed Amendment of Building _Code re: Roofing Requirements b. Brush conditions (Weed Abatement) c. Construction (Fire retardant building materials, siding, etc.) The Mayor ordered the matter held on the agenda. Recreational Facilities - City of Rolling Hills The City Manager reported that members of the Planning Commis- sion are studying the need for expanded recreational facilities in the City, both at the present and in the future, as requested by the City Council. Mayor Hesse ordered the matter held on the agenda until the studies and reports are complete. Increased Insurance Coverage - City Buildings Mayor Hesse ordered the matter held on the agenda. MATTERS FROM:MEMBERS OF THE COUNCIL School Bus - Crest Road Councilman Sauer reported that he had observed an empty school bus owned by M &-M Charter Lines driving at an excessive speed on Crest Road without passengers, and requested that the City Manager contact the company and request an explanation. Mrs. Clifton stated d►JI December 14, 1970 that under terms of the agreement between the City and the bus company, M & M Charter Lines provides bus transportation for school children within the City, but buses are not permitted to enter the city as a short cut between schools, or for any purpose other�than to transport school children unless arrangements have been made to do so, and while in the City the buses must observe all traffic laws. Mrs. Clifton further stated that arrangements had been made for one bus to be al- lowed to "dead head", or travel without passengers. Councilman Bear said he had observed school children playing in the road at the school bus stop at Crest Road East and Southfield Drive. Although there are stop signs in the area, Councilman Bear felt the children were a hazard to drivers, and asked that they and their parents be warned of the danger through the newsletter. MATTERS FROM CITY OFFICERS Water Bond, Tract 27352 A letter dated December 11, 1970 from Albert Pinamonti, owner and subdivider of Tract 27352 was presented by the City Manager. Mr. Pinamonti requested an extension of time for the water service bond posted as a condition of approval of the tract. Following discussion of the matter Councilman Pearson said he• felt there should be definite limitations to the duration of bonds. Councilman Sauer moved that.the bond be called in. Motion was seconded by Councilman Bear and carried by the following roll call vote: AYES: Councilman Bear, Pearson, Sauer, Mayor Hesse NOES: None ABSENT: Councilman Fay Tentative Tract No. 28954, Dr. Charles Turner The Manager presented copies of the tentative map for Tract 28954, Dr.. Charles Turner, 4 Pine Tree Lane. Mrs. Clifton advised that a public hearing had been conducted by the Planning Commission at 7:30 p.m. December 14th, and variances. had been granted under Article V, Sections 5.04a, Frontage and 5.04b, Width of Lot on Lot 1, and Section 5.04b, Width of Lot on Lot 2, of Ordinance No. 67. She further reported that after review of the Planning Advisor's Report dated December 7, 1970 and study of an exhibit prepared by South Bay Engineering Corporation, the Planning Commission voted to approve the tract. In the discussion that followed Councilman Pearson asked whe- ther the geologic study of the tract had been completed. The engin- eer advised that a geologic report prepared by Mr. Bruce Lockwood had been approved by the Engineering Geology Section of Los Angeles County Engineers. Mayor Hesse asked Dr. Godfrey Pernell, Chairman of the Planning Commission, whether the commissioners had made a - field trip to view the site, and Chairman Pernell explained that they had not, because of information and exhibits available to it. Coun- cilman Pearson asked whether they considered it a good subdivision, and Dr. Pernell said he personally considered it marginal. Mayor Hesse said he considered the presentation made by the engineer most effective, and felt the engineer and subdivider should be complimented for their efforts. Councilman Pearson said he had made a field trip to the site as a member of the Board of Directors of the Rolling Hills Community Association, and he recommended that other members of the Council do so. December 14, 1970 Mayor Hesse asked Dr.. Turner whether he would agree to having the tract held on the agenda until the meeting of January 11, 1971, and he said he would. The mayor thereafter directed South Bay Engin- eering Corporation to stake the property December 19th, so members of the Council could make a field trip on the 19th or 20th, and ordered the matter held on the agenda until the next/regular meeting of the City Council. Architectural Committee Members of the Council discussed controls and regulations im- posed and implemented by the Architectural Committee of the Roiling Hills Community Association. Councilman Pearson said he felt there were many inconsistencies in architectural requirements, and also felt that some of the requirements were restrictive, and resulted in some cases in unimaginative construction. Mayor Hesse asked the Manager to,express the concern of the Council regarding adequacy and consistency of the control of the Architectural Committee. Mayor Hesse and Chairman Godfrey Pernell discussed the desireability of a meeting between members of the City Council and Planning Commission, and a meeting was scheduled for Wednesday, January 13, 1971 from 7 to 9 P.M. ADJOURNMENT There being no further business to come before the meeting, a motion to adjourn the meeting until January 11, 1971, because there would not be a quorum on December 28, 1970 was made by Councilman Bear, seconded by Councilman Sauer and carried unanimously. APPROVED: Mayor WON City C e