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MINUTES OF THE
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING -HILLS, CALIFORNIA
February 28, 1972
A regular meeting of the City Council of the City of Rolling
Hills was called to order by Mayor Sauer at the AdministtAtion Building,
2 Portuguese Bend Road, Rolling Hills, California at 7:30 P.M. Monday,
February 28, 1972.
ROLL CALL
PRESENT: Councilmen Bear, Fay, Hesse,, Pearson, Mayor Sauer
ABSENT: None
ALSO PRESENT: Teena Clifton* City Manager
William Kinley City Attorney
W4 Marion Welch City Treasurer
C9 ' June Cunningham Secretary
0 Don Hendrickson Architect
Donald Adams Resident
George Johnson
Cecil. Shaver
V. R. Turcotte
Florence Ziegler League of Women. Voters
APPROVAL OF MINUTES
The City Attorney requested that on page 2, paragraph 5, the
tract number be corrected to read No. 27837, to correspond with the
title.
A motion to approve the minutes as corrected was made by Coun-
cilman Fay, seconded by Councilman Hesse and carried by the following
roll call vote:
AYES: Councilmen Bear, Fay,, Hesse, Pearson, Mayor Sauer
NOES: None
ABSENT:, None
PERSONAL APPEARANCES
V. R. Turcotte, Access from Portuguese Bend Road
Mayor Sauer welcomed Mr. V. R. Turcotte, 7 Reata Lane, who
advised the Council that he has purchased property at 32 Portuguese
Bend Road, and construction of a new home on the property will begin
soon. Mr. Turcotte said there is -an access to the property from
Portuguese Bend Road, and when the former owner filed for subdivision
one of the conditions imposed was relocation of the access a minimum
of 60' to the south. He does not intend to divide the property, Mr.
Turcotte explained, and he introdu_-ed. his architect, Mr. Don Hendrickson,
and requested that he describe, the proposed development of the property.
Mr. Hendrickson explained that the property has a 370' frontage
or, Portuguese Bend Road, the home will be oriented to face Portuguese
Bend Road, and although Mr. Turcotte plans to use Wagon Lane for ingress
and egress, and the motor court and garages will be located in that area,
-it is Mr. Turcottels wish to have an access from Portuguese Bend Road
to be used by guests. In an effort to make the area as safe as possible,
Mr. Hendrickson said the access had been moved to a location on Portu-
guese Bend Road 80' south of the existing access.
Mrs. Clifton reported that the matter had been referred by the
Architectural Committee to the Board of Directors, and on January 17th
the Committee referred the matter to the City for clarification of . I
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February 28, 1.972
the address and entrance from Portuguese Bend Road. The Board had
approved the location of the driveway unanimously at the meeting of
March 3, 1972; the Planning Commission on. February 15, 1972 had recom-
mended unanimously that the request for access from Portuguese Bend
Road be den.:ied because the Planning Commission opposes unnecessary
access to major thoroughfares in. the Community, and there appears to
be adequate access to the home via Wagon Lane. Excrepts from the
minutes of the Planning Commission were distributed to the Council.
Mrs. Clifton explained that while Mr. Turcotte's property was
in. excrow another property in the area was subdivided, and the address
32 Portuguese Bend Road was assigned to the new property. The Manager
said it may be necessary to re -number Portuguese Bend Road, due to the
numerous subdivisions, but the matter is being studied.
Following discussion, a motion. to approve the request for ac-
cess from Portuguese Bend Road was made by Councilman Bear, seconded
by Mayor Sauer and carried by the following roll call vote:
AYES: Councilmen Bear, Fay, Mayor Sauer
NOES: Councilmen", Nesse, Pearson
ABSENT: None
Tract 26343, Final Map-Adamsy_Shaver,_ Johnson.
The Manager advised the Council that Messrs. Donald Adams,
George Johnson and Cecil Shaver,.owners of property on Cinchring Road
were present to request final approval. of Tract 26343. A letter from
Mr. Daniel McNabb, 11 Quail Ridge_RoadaSouth had been received, with
the request that it be read into the record of the City Council meeting.
Mayor Sauer requested that the City Clerk read the letter dated
February 25, 1972. Mr. McNabb advised that he was unable to attend the
meeting becuase of a business committmen.t, and requested that approval
of the final map be withheld until the matterof fences in the easement
be resolved 'between himself and Mr. Shaver.
The Manager presented a fetter dated January 19, 1972 from the
Subdivision Commission of Los Angeles County, and a letter dated
February 25, 1972 from the Department of County Engineer, Los Angeles
County, recommending a proval of.the map.. Mrs. Clifton said that a
bond in the amount of $2,000 had' -been posed by the subdividers for
construction of storm drain facilities, and that an agreement between
the City of Rolling Rills and Mr.'Cecil J. Shaver had been -executed,
and a labor and material bond in :the sum of $2,000 had been posted
for removal of fences now existing and'encroaching on the perimeter
easement between Lots 1 and 2 of .the tentative tract, and into the
easement of Cinchring Road on. Lot. 1, Mr. Johnson requested that -ap-
proval of -the tract not be delayed because of a problem or negotiation
between Mr. Shaver and Mr. McNabb, who -is not a party to the subdivision.
The City Attorney advised :.h.e Council that he had examined the
bonds, and found them in good order.
Councilman nesse asked for clarification of a note on the
final map advising that additional geology would be required prior to
issuing of building permits. Mr. Johnson said the note would be advi-
sory for future owners, and would indicate a possible need for buttres-
sing on any construction. Councilman Bear asked whether the notation
would 'be made part of the legal description of the property; Mr. Kinley
said it probably would not; buyers of the property would be put on con-
structive notice that a geological hazard exists on the property. In
addi*iion, Mr. Kinley said that before issuance of any building permits
the properties must be approved by the Rolling Hills Community Associ-
ation, and by the City Engineer and the Geology section of the County
Engineer.
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February,e28, 1972
Councilman Bear suggested that the City Council asked the Com-
munity Association. to review its restriction on, pre -grading, which, if
allowed, might eliminate some of the problems encountered in subdivision.
Councilman Pearson said he agreed, and felt such a request to the Associ-
ation was in order. He expressed .an uncertainty about whether a good
building site exists on. all parcels in the tract currently under con-
sideration, anal said he felt pre -grading would be desireable, and would
result in more satisfactory subdivisions. Councilman. Pearson then moved
that 'tract 26343 be approved, subject to the City Attorney's being as-
sured that the note on the map warning of geological. hazards also appear
-on-the title report that each prospective buyer will receive. The mo-
tion was seconded by Councilman Bear.
The City Attorney advised the Council that the owners of the
property had met all. the requirements ref. the Subdivision Ordinance of
the City of. Rolling Rills, and the City Council does not have the author-
ity to impose the additional'requir:emen.t that the legend on the map be
included in the title report; their action is to approve or disapprove
tD the final map within the requirements of the Subdivision. Ordinance.
O
Councilman Bear asked the owners of the property if they would
be willing to have the warning of possible geologic hazard recorded.
Ca
Mr. Johnson said it would be recorded as'part of the final map, and
that would serve as a warning to future `juyers of the property. Coun-
cilman Bear said he meant a separate document; the City Attorney said
that it would require an. amendment.pf-the existing restrictions.on the
property, or adoption of a new set of restrictions, and would be between
the owners and the Association, not the City.
Councilman Pearson, sataea that on all subdivisions containing
five: or more lots, a White Real Estate Report must be secured from the
State of California. The report, which is mandatory, contains inform-
ation contained on the final map, and most be signed by peach purchaser
of each parcel, Mr. Pearson explained, adding that the purchasers do
not always see the final map -of a subdivision. He asked if such a re-
port hadbeen obtained. Mr. Johnson said the owners do not intend to
obtain such a report, because they consider the tract three lot splits,
rather than one large subdivision..'Mr. R.inley said the tract is one
subdivision consisting of seven lots, and the White Real Estate Report
will be required; Mr. Johnson said the owners would comply with the re-
quirement. Councilman Hesse said the report is a requirement for sale
of the property, and does not affect.the decision of the City Council
regarding approval of the final map.. Councilman Pearson withdrew his
motion of approval and Councilman. :Sear withdrew his second.
Councilman. Pearson, said the geology report received .from the
Geology Department, Los Angeles County Engineer contained six specific
requirements that must be met before' -the map could be approved. Coun-
cilman Pearson said he is not convinced that all requirements had been
met, and asked Mr. Kinley's opinion about whether 'the -owners had com-
plied fully. Councilman Pearson, then, moved. approval of the final map
subject to assurance from the Cit, Attorney' that all requirements per-
taining to geology had been. met. Cou:,rkc:ilman Bear seconded the motion.
The City Attorney requested that the Mayor recess the meeting so he
could study the requirements and determine whether they had been met;
Mayor Sauer so ordered. Mr. Kin.le.y, said he wished to clarify that in
so doing he was working on behalf sof the City of Rolling Hills. He
stated that he does not represent the developers and has not received
any fees from them. He had met with them in. his office and had dis-
cussed the subdivision with them and had advised them on, subdivision
procedure, Mr. Kinle.y said, and had drawn. up agreements and documents
pertaining to the subdivision, and had not received any compensation.
Councilman Pearson then withdrew his motion of approval and
Councilman. Bear withdrew his second. Mayor Sauer excused the City
Attorney and the City Manager from the meeting to review the require-
ments for compliance, and proceeded with the agenda items.
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February 28, 1972
After reviewing the requirements for and action on Tract 26343,
Mr. Kinley advised the Council that it was his recommendation that if
they approved the final map, the City Clerk `be directed to send to the
Real Estate Commissioner of the State of California a copy of the tract
map, and advise him that the map falls within the jurisdiction of the
Commission, calling his attention to the notation of possible geol.ogi-
cal problems on the map. Further, Mr. Kinley said, the owners of the
property had indicated that they would 'be willing to comply with the
law by obtaining a White Paper Report on the property.
Councilman Fay moved that the recommendations of the City Attor-
ney be accepted, and that the final map for Tract 26343 be approved,
with the additional procedures suggested by Mr Kinley. The motion was
seconded by Councilman Hesse and carried 'by the following roll call vote:
AYES: Councilmen Bear, Fay, Hesse, 'Pearson Mayor Sauer
NOES: None
ABSENT: None
Councilman Pearson asked whether the map could be altered to
include the storm drain location. The. City Attorney said such a change
could be made, and the tract approved by an amended motion.. Councilman
Pearson said the dissipator for the storm drain project should be moved
out of the horse trail on Lot x., and the attorney said the owner should
give to the City or Association easement for location of the storm drain
as required. Mr. Kinley directed the City Manager to review and approve
the location of the storm drain before signing th.e map
A motion to amend the motion, of approval was made by Councilman
Fay, seconded by Councilman. Hesse and carried by the following roll
call vote:
AYES: Councilmen Bear, Fay, Hesse, Pearson,
NOES: None
ABSENT: None
CITY MANAGER (ITEMS HELD OiiER.FROM FEBRUARY 14, 1972)
Regional Planning Commission, Tentative Tract 27187
Mayor Sauer ordered the matter held on. the agenda.
Regional Planning Commission, Tentative Tract 27837
Mayor Sauer ordered the matter;hel.d on, the agenda.
Tennis Court, Plans and Specifications
Mayor Sauer
Councilman Pearson said he had not received any reports from
the Tennis Committee, who have pit plans out for bid, and asked that
the matter be held on. the agenda. The Mayor so ordered.
Riding Ring at City_ Park
Mayor Sauer ordered the matter held on. the agenda.
Underground Utilities, Richard Colyear
Mayor Sauer ordered the matter held on the agenda for a report
from the City Manager.
CITY MANAGER (NEW BUSINESS)
Hillside Rubbish Rubbish. Franchise
Mayor Sauer asked Councilman Fay, Chairman, of the Rubbish
Committee to review the franchise and report to the Council.
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February 28, 1972
Board of Supervisors - Property Tax Relief
Councilman. Fay requested that correspondence from the Board of
Supervisors pertaining to property tax relief be held on the agenda.
The Mayor so ordered.
Southern California Association of " Govern.men.ts
Councilman. Hesse distributed copies of a report he had prepared
in response to a questionnaire on the Southern California Regional Avi-
ation Systems Study. A draft of a resolution of the City Council sup-
porting SCAG's sponsoring the study, urging SCAG to reexamine the val-
idity of the basic assumptions in the study, and urging that public
hearing 'be held to assure availability of all pertinent evidence prior
to reaching any conclusions was presented.
Mayor Sauer thanked Councilman YTesse for the time he devoted
to the study, and the excellent report that resulted from his study.
A motion to approve and adopt the resolution, and waive reading
in full was made by Councilman Pearson, seconded by Councilman Bear and
carried by the following roll call vote:
AWES: Councilmen Bear, Fay, Hesse, Pearson, Mayor Sauer
NOES: None
ABSENT: None
COMMUNICATIONS
General. Telephone Company of California
A copy of an application by General Telephone Company of Cali-
fornia with the Public Utilities Commission for Authority to Increase
Certain Rates and Charges was presented to the Council.
Mayor Sauer ordered the matter held on the agenda.
California Contract Cities Association
A report and recommendation for 1972 Budget Proposals from the
California Contract Cities Association ..was presented to the Council.
The Mayor ordered the report held on the agenda.
FINANCIAL STATEMENTS
Councilman Bear moved that the Statement of Receipts and Expen-
ditures dated January 31, 1972 and the Report of the City Treasurer
for January 1972 be approved. and accepted. The motion was seconded
by Councilman Pearson, and carried by the following roll call vote:
AYES: Councilmen :Sear, Fay, Hesse, Pearson, Mayor Sauer
NOES: None
ABSENT: None
APPROVAL OF DEMANDS
Miraleste Swim Pool Fund
Councilman Bear moved that Demand No. 152 be paid from the
Pooh. Fund o
DEMAND NO. PAYEE AMOUNT
152 State Compo Insurance Fund 42.16
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February 28, 1972
The motion, was seconddd by Councilman .Fay and carried by the
following roll call vote:
AYES: Councilmen. Bear, Fay, Hesse, Pearson, Mayor Sauer
NOES: None
ABSENT: None _
City of Rolling Hills
Councilman Bear moved that Demands No. 2201 through 2208 be
paid from the General Fund.
DEMAND NO. PAYEE AMOUNT
2201 William Pritchard 176070
2202 County of hos Angeles 20804
2203 Vernon M. Fay 42.00
2204 General Telephone Co. 5015
2205 Goodyear Stores 159°73
2206 Southern Calif. Edison Co. 105029
2207 StateCompo Ins. Fund 43,55
2208 Tyler Printing Co. Inc. 16.80
569026
The motion was seconded by Councilman Pearson and carried
by the following roll call vote:
AYES: Councilmen Bear, Fay, Hesse, Pearson, Mayor Sauer
NOES: None
ABSENT: None
CITY DEPARTMENTS
Sheriff's Department Report
The report of the Sheriff's Department for the month of
December, 1971 was presented to the Council. The report was received
and filed.
CITY ATTORNEY
Proposed Ordinance, Traffic
The City Attorney reported that he had additional sections to
be inserted in the proposed Traffic Ordinance, and he distributed them
to the Council.
Mayor Sauer ordered the matter held for discussion at the next
meeting of the Council.°
Ordinance No. 91, Animals and Fowl.
Mayor Sauer ordered the comments from Mr. Seymour Barfield,
Public Health Sanitarian, regarding Ordinance No. 91 held on the
agenda for discussion at the next meeting of the Council.
Mr. Tom Roba, Vicious Dog Complaint
Mayor Sauer ordered the matter held on the agenda for a report
from the Committee formed to study complaints regarding vicious dogs.
The Manager reported that the Roba dog has not been confined to the
property, as required under Ordinance No. 790
MATTE P> FROM THE CITY COUNCIL
Councilman Hesse requested that a communication be sent to the
Planning Commission relative to the Council's decision on access from
Portuguese Bend Road for Mr. Vo R. Turcottea He said that.: as a matter
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February 28, 1972
of policy, the Planning Commission opposes unnecessary access to major
thoroughfares, and because there appeared to be adequate access via
Wagon Lane, they recommended 'that the request for access from Porte
geese Bend Road be denied.In considering the matter,,additional
information was presented to the Council, and based on that inform-
ation, and because an access to the property from Portuguese Bend
Road already exists, the request was granted. Councilman Pearson
said he agreed that in principle the Planning Commission's recommenda-
tion was of value, and their decision might have been affected by the
additional information if it had been presented to the Commission as
it was to the Council and the Board of Directors.
Mayor Sauer requested that a communication be sent to the
Planning Commission.
ADJOURNMENT
A motion to adjourn the meeting was made at 10:15 P.M. by
Councilman. Bear, seconded by Councilman. Pearson and carried by the
0 following roll call vote:
AYES- Councilmen Bear, Fay, Hesse, Pearson, Mayor Sauer
NOES- None
ABSENT: None
h
ZEN=
Mayor
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City Clerk