4/24/1972MINUTES OF THE
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
April 24, 1.972
An adjourned meeting of -the City Councfl of the City of Rolling
Hills was called to order by Mayor Sauer at the Administration Building,
2 Portuguese Bend Road, Rolling'Hills, California at 7:30 P.M. Monday,
April 24, 19720
ROLL CALL
PRESENT: Councilmen Bear, Fay, Pearson, Mayor Sauer
ABSENT: Councilman Hesse
ALSO PRESENT: Teeha Clifton.
City Manager
William Kinley
City Attorney
Marion."Welch
City Treasurer
,June Cunningham
Secretary
Mrs. F.
League of Women Voters
,Ziegler
Mrs'.. e. D.. LeConte
-s.
Resident
Mr. & Mr J. 011a
"
Mrs. J. Saffo
"
Philip Mo Battaglia
Councilman Elect
Thomas F. Heinsheimer
Councilman Elect
APPROVAL OF MINUTES
April 10, 1.972
Councilman Pearson requested that the minutes of April 10, 1972
be corrected to show that the bid for tennis courts was in the amount
of $35,000 for two additional lighted courts, and that the wording
"lights on the existing court" be eliminated. A motion to approve and
accept the minutes of April 10, 1972 as corrected was made by Council-
man Fay, seconded by Councilman Bear and carried by the following roll
call vote:
AYES: Councilmen Bear, Fay, Pearson, Mayor Sauer
NOES: None
ABSENT: Councilman Hesse
April 1$, 1972
Councilman Bear moved that the minutes of April 19, 1972 be
approved and accepted as presented. The motion was seconded by
Councilman Pearson and carried by the following roll call vote:
AYES: Councilmen Bear, Fay, Pearson, Mayor Sauer
NOES: None
ABSENT: Councilman Hesse
RESOLUTION N0, 281
Councilman Pearson moved that Resolution No. 281 entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA
RECITING THE FACT OF THE GENERAL ELECTION HELD IN SAID CITY OF ROLLING
HILLS ON THE 11TH DAY OF APRIL, 1972, DECLARING THE RESULT THEREOF AND
SUCH OTHER MATTERS AS ARE PROVIDED BY LAW be adopted, and that reading
in full be waived.
The motion was seconded by Councilman Bear and carried by the
froll call vote:
AYES: Councilmen Bear, Fay, Pearson, Mayor Sauer
NOES: None
ABSENT: Councilman Hesse
3:5 9,
April 24, 1972
ADMINISTRATION OF OATH OF OFFICE
The City Clerk administered the Oath of Office to Councilmen
Battaglia and Heinsheimer as prescribed.by the Constitution of the
State of California., delivered to them. -their certificates of election
and the new councilmen were seated at the Council table.
REORGANIZATION OF COUNCIL
Mayor pro tempore turned the meeting over'to the City Clerk
for the purpose of electing a mayor and reorganizing the Council.
The City Clerk declared the nominations open for the office of Mayor
of the City of Rolling Hills
Councilman Bear said he wished to thank Mayor Sauer and Coun-
cilman" Fay for their service to the Council, and to nominate Council-
man Pearson for the office of Mayor. The City Clerk asked whether
there were any other nominations; there were none, and the City Clerk
ED then closed the xr6minationsa The nomination was seconded by Councilor
O man Heinsheimer-and carried by the f&llowing roll call vote: "
a AYES: Councilmen Battaglia, Bear., Heinsheimer
Q Mayor Pearson
NOES: None
ABSENT: Councilman Hesse
The City Clerk explained that the Mayor has the same responsi-
bilities as other members of the Council with regard to making or
seconding motions and voting. The City Clerk then administered the
oath of office to Mr. Pearson and the meeting continued under his
direction.,
Mayor Pearson moved that Councilman Ted Bear be nominated Mayor
Pro Tempore.. The motion was seconded by Commissioner Battaglia and
carried by -the following roll call vote:
AYES- Councilmen Battaglia, Bear, Heinsheimer
Mayor Pearson
.NOES: None
ABSENT: Councilman Hesse
APPOINTMENT TO PLANNING COMMISSION
Mayor Pearson announced that two vacancies exist on the Plan-
ning Commission because of the recent election. Several residents have
indicated a willingness to serve on the Commission, and to ensure a
quorum for the May meeting, the Mayor moved that Mr. Sidney Morse,
1 Runningbrand Road be appointed to complete the unexpired term of
office of Dr. Thomas Heinsheimer. The,-mofion.was seconded by Council-
man Bear and, carried by the following roll call vote:
AYES: Councilmen Battaglia, Bear, Heinsheimer
Mayor Pearson.
NOES: None
ABSENT: Councilman Hesse
The Mayor said a replacement for Mr, Philip Battaglia on the
Planning Commission would be announced after further consideration of
applications for the position. at a personnel session following the
regular Council meeting.
CITY MANAGER (ITEMS HELD OVER FROM APRIL 10, 1972
Rt_ional Planning Commission, Tentative Tract 27.187
The Manager advised that she had no recent information on.the
proposed development of a 1,571 unit residential complex on a 135 acre
-2-
April, 24, 1,972
parcel on -the southerly side of Palos Verdes Drive. South.
Mayor Pearson ordered. 'the matter held on the agenda
Regional Planning Commission, Tentative Tract 27837
Mayor Pearson ordered the matter held on the agenda pending
outcome of a suit( filed by SOC because the conditional use permit
for development of 478 townhouses on Palos Verdes Drive West between
Berry Hill Drive and Rue Beaupre was granted without compliance with -
environmental requirements
Regional Planning Commission, Zone R74 Variance
The Manager advised that a hearing before the Regional Plan-
ning Commission on an application for a Zone R-4 Variance .for con-
struction of Palos Verdes Beach Club was scheduled for Tuesday,
April 26, 1972 at 9 A.M.
Mayor Pearson ordered. -the matter held on the agenda
Tennis Court Plans and Specifications
Mayor Pearson reported that he has not had any further inform-
ation from Dr. Richard Hoffman, chairman of the 'Tennis Committee since
they submitted an estimate of $35,000 for two additional tennis courts.
Councilman, Battaglia said that during a recent meeting of the
Board of Directors of the Rolling Hills Community Association the
Manager was directed to have a master plan made of the Main Gate area,
and there was a strong indication that the Board was considering re-
moving the existing Main Gate house, putting a new gate house in a
location further south on Portuguese Bend Road in. the center of the
roadway, as at Eastfield Gate, and the maintenance facilities would
be moved to a location in back of the Administration Building. If
that were done, he said, the Board felt it would b'e desireable to have
all tennis courts on the City property across the road from the Admin-
istration Building, rather than two new ones on the City property,
apart from the.existing court.' Councilman Battaglia said he had com-
municated the sense of the discussion to Dr. Hoffman, and he said that
he, too, felt it would be desireable, but the one bid they had received
was for $35,000 for two courts in back of the Administration Building.
Mayor Pearson. said he had a small plan prepared, showing the
courts located near the existing court, and wished to have all mem-
bers of the Council examine th.e plan, although the decision about
whether to relocate the guard house and maintenance building will be
made by the Board of Directors of the Rolling Hills Community Associ-
ation.. Further, he said, it was his understanding that the bid of
$35,000 was for two new courts, and the change in location would not
influence it to any great degree° The key to planning, Mayor Pearson
said, is how soon the Board -.,of Dire.c.tors plans to relocate.the main
gate. Additional bids should be sought, the mayor said, and following
the reorganization of the Council, he plans to appoint a recreation
committee to proceed with the studies already started, and to make
recommendations about whether a recreation. package consisting of
additional tennis and riding facilities should be developed or whether
each should be developed individually. Methods of financing either or
both recreationall, additions wogld have to 'be considered, Mayor Pearson
said, and in the event that the decision to move the guard house is
made by the Board of Directors and financing is arranged, the Mayor
said,t.lie tennis committee would be ready to proceed immediately.
Following the discussion., Mayor Pearson. ordered the matter of
the Tennis Court and Riding Ring held on the agenda
-3-
361
April 24, 1972
Underground 3Tti1ities Richard Colyear
Mayor Pearson ordered the matter held on the -agenda until the
easement situation. has been resolved in the Rolling Hills Community
Association.
Hilside Rubbish Company re: Rubbish -Franchise
Mayor Pearson asked the City Manager to report on the status of
the franchise for rubbish collection in Rolling Hills, which is to ex-
pire on April 30th. Mrs. Clifton presented a letter from the contractor
stating that they had been. advised by their legal counsel that under
provisions of Phase II of the Presidential executive orders the price
may not be increased. However, because of operational, cost increases,
thewill be unable to continue to provide service at the present cost
of 7075 per month beyond a. 30 day extension period at existing rates
Hillside Rubbish Company also requested that in preparing a new con-
tract, consideration be given to making the service mandatory for all
cn residents of the city. Mrs. Clifton said that she had sent a letter to
O Hillside Rubbish requesting that the service contract be extended until
May 30th.
Q In the discussion that followed Mayor Pearson said he was op-
posed to mandatory trash collection.. Councilman Heinsheimer suggested
that bids be solicited for both mandatory and nonmandatory seryicea
The City Attorney advised that the most effective way of enforcing
mandatory service would be for the. Association to enter into a contract
with the rubbish company, and collect the fees as part of the Association
fees.
Following the discussion, Mayor Pearson said he wished to have
Councilmen Bear and Battaglia review the specifications for the col=
lection and disposal of garbage, combustible and noncombustible rub-
bish in the City of Rolling Hills, put the contract out for bid, and
report back to the Council.
Board of Supervisors m Property Tax Relief
Mayor Pearson ordered the matter held on the agenda,
City_of Rolling Hills Estates
The Manager reported that a letter from the City of Rolling
Hills to the City of Rolling Hills Estates requesting street markings
at Rolling Hills Road and Palos Verdes Drive North had been presented
to the Council of that city on April 12th, and had been referred to
the -Traffic -Commission for study.
General Telephone Company of California
On, the recommendation of the City Attorney, Mayor Pearson
ordered the matter held on the agenda. ,
Rolling Hills Estates Ordinance No. 257
The City Attorney presented a draft of an amendment to a pro-
posed ordinance limiting the weight load. of -vehicles using Palos Verdes
Drive North, providing for issue of a permit for a fee for commercial
vehicles weighing in excess of 6,000 pounds.
Councilman. Battaglia said the matter had been discussed at a
recent meeting of the Board of Directors, and he had„advised the Board
of a p �;e in the City of Indian. Wells where it was determined on appeal
to the Supreme Court that when an ordinance is passed by a municipality
that would affect a neighboring municipality, notice must be given, the
same as to adjoining property owners. ThE: Board determined at the
BEIM
1
April 24, 1972
Association level that a posture be taken of firmness, with hesitancy
possibly, pointing out -that it was possible that if adequate relief
could not be obtained. for Rolling Hills residents and for the city with
regard to the ordinance, based on the Indian Hills decision, there is a
definite -question.about the validity of the action taken by the City of
Rolling Hills Estates, and. that 'this be communicated to their City
Attorney.
Mayor Pearson said he and Mayor Joseph Barnett of Palos Verdes
Estates had attended the last meeting of the Rolling Hills Estates City
Council and had expressed their concern about adoption of the ordinance
and it was his opinion that the Council had missed the point about the
serious impact on the other cities, aside from the dollar impact on
trash collection. His concern about safety and other factors had been
missed completely, Mayor Pearson said, and the Rolling Hills Estates
Council had announced that they would present some sort of solution to
the problem of trash collection at the next meeting of their Council
Mayor Pearson requested that Councilman Battaglia attend the next
regular meeting of the Rolling Hills Estates City Council and express
.h,
the concerns of the City of Rolling Hills; he said he felt a personal
appearance would be more satisfactory than correspondence.
Councilman Battaglia said he would attend the meeting; however,
he felt there should be a strong discussion between the attorneys for
both cities, based on the Indian Wells decision. Mayor Pearson agreed
and said such a meeting could. be arranged, but it was his opinion that
a delaying action was desireabl.e, and could be accomplished by a per-
sonal appearance at the next Council meeting. The City Manager re-
ported that a letter had. been sent to Rolling Hills Estates requesting
copies of the agenda for any meeting of either the City Council or the
Planning Commission at which the matter will, be discussed. The next
regular meeting will. be held on Wednesday, May 10th she said, and
Councilman Battaglia said he would attend. The Mayor asked Mr. Kinley
to contact Mr. Richard Tertian, Rolling Hills Estates City Attorney.
The matter was ordered held on the agenda.
Request for STOP Sign: Bowie Road
Mayor Pearson said he wished 'to hold the matter of a stop sign
on Bowie Road at the intersection with Chuckwagon Road on the agenda
until the Traffic Commission has 'been appointed.
CITY MANAGER (NEW BUSINESS)
Resolution Noo 242
Mayor Pearson opened a discussion of Resolutx.�3n No. 242 endorsing
the formation of a Fourth City on the Palos Verdes Peninsula, and said he
wished to have the new Council review the resolution, which was passed on
November 14, 19690
Councilman Battaglia said he thought review and, discussion of
the resolution should be held on the agenda until Councilman Hesse returns
to the Council meetings. Mayor Pearson ordered the matter held on the
agenda
Ordinance No--.- U.-10
The Manager said that she was distributing copies of Ordinance
No� U-1.0 Creating a Planning Commission and Imposing Certain Duties
Ther= --i at Councilman Heinsheimer°s request. The City Attorney advised
than_ �n present term of office is four years, as specified in the
Govern -meat Code in 1957
Councilman Heinsheimer suggested that three year terms might be
advisable, inasmuch as they would not conflict with Council elections.
Mayor Pearson ordered the matter held on the agenda.
-5-
36 el
April .249 1972
Planning Commission Appointment
The Manager reported that in addition to a letter of applica-
tion for appointment to the Planning Commission from Mr. Sidney Morse
dated June 109 1971, additional letters of application had been received
from Mr. James Oo Johnston., 27 Eastfield Drive; Lowell Wo Lusk, 7 Portu-
guese Bend Road; Joseph Mo 011a9 41 Crest Road West; Mason Ho Rose,
37 Crest Road West and Florence Mo Ziegler, Zero Open Brand Road.
Mayor Pearson said he wished to consider the applications at a person-
nel session after completion of regular Council business.
Los _Angeles County Sanitation District Appoihtments
A motion to name Mayor Pearson a Director of the Sanitation
District, and Mayor pro tem Bear Alternate Director was made by Council-
man Battaglia, seconded by Councilman Heinsheimer and carried by the
following roll call vote:
.-4
to AYES: Councilmen Battaglia, Bear, Heinsheimer
0 Mayor Pearson
NOES: None
Q ABSENT: Councilman Nesse
FINANCIAL STATEMENTS
A motion to approve and accept the Report of the City Treasurer
for the month of March 1972 and the Statement of Revenue and Expenditures
dated March 319 1972 was made by Councilman Bear, seconded by Councilman
Heinsheimer and carried unanimously.
PAYMENT OF BILLS
Councilman Bear moved that Demands No. 2246 through 2281 be
paid from the General Fund.
DEMAND NO. PAYEE AMOUNT
2246 Public Employees Retirement Fund 552078
2247 Southern Calif. First National Bank 351096
2248 William Rinley 584033
2249 Alma C. Clifton 538.84
2250 dune Ce Cunningham 50600
2251 LilliAnn Hyller 90. -Do
2252. VOID
2253 William Pritchard 176.70
2254 Mrs. Lois Gray 29000
2255 Mrs. Elizabeth McDermid 24.00
2256 Mrs. Lee Dorsey 24.00
2257 Mrs. Marcia Pearson. 24000
2258 Wm. MacCabe 2.76
2259 Carl Ghormley 2.76
2260 Philip Bat•t.agl.la _ 2.77-
2261 Thomas Heinsheimer 2077
2262 Pamphlets (Election) 128.94
2263 Louis F. Al.ms'tadt 3.14
2264 A M Corporation 13050
2265 All -Brite Electric 35.00
2266 Addressograph 4010
2267 General Telephone 5025
2268 Harbor Office Supply 53034
2269 League of California Cities 3015
?270 Lomita Maintenance Service 125000
%. Rl Mo Matsunaga 50000
2212 Palos Verdes Cooperative School 4.00
2273 F. R. Philp 136050
-6®
364"
April. 24, 1972
DEMAND NO.
PAYEE
AMOUNT
2274
Palos Verdes Peninsula Nears
12.76
2275
R,H.C.A.
19069041
2276
R.HeCoA.
115,203.76
2277
Rolling Hills Nursery
225000
2278
Southern California Edison Co.
110053
2279
Union Oil Co.
13066
2280
Xerox
148038
2281
California Contract Cities Assn.
85000
169343079
The motion was seconded by Councilman Hein.sheimer and carried
by the following roll call vote:
AYES- Councilmen. Battaglia, Bear, Hei,nsheimer
Mayor Pearson
NOES: None
ABSENT: Councilman Hesse
COMMUNICATIONS
California- Contract Cities Association. Annpal" Municipal Seminar
The Manager advised that she plans to attend the Annual
Municipal Seminar of California Contract Cities in San Diego from
April 27th to April 30th.
League. of California Cities
An announcement of an institute for new mayors and Councilmen
to be sponsored by the League of California Cities in San Diego from
May 17th to May 19th was given to the new councilmen. Councilman
Heinsheimer indicated that he planned to attend, and Councilman Bat-
taglia said he would let the Manager know if he wished to attend so
a reservations could be made.
CITY ATTORNEY
Proposed Ordinance 'Traffic
The City Attorney advised that he would give copies of the
proposed traffic ordinance to Councilmen Battaglia and-Hei.nsheimer
for study, and asked that the matter be held on the agenda until
they had time to review it. Mr. Kinley said tcpies would be sent
to the Sheriff for review and comment
Mayor Pearson ordered the matter held on the agenda.
Los Angeles Countgr Department of County Engineer- Ordinances
Mr. Kinley reported than' :-'roposed ordinance had been forwarded
to the City by the County Engineer amending 'the existing ordinances
providing for County Building Code, County Mechanical Code and County
Plumbing Code, which the City of Rolling Hills has always adopted by
reference. Amendments to grading requirements currently being consid-
ered by the Rolling Hills Community Association and the City of Roll-
ing Hills would be incorporated into the new Building Code, Mr. Kinley
said.
The City Attorney recommended that the Council incorporate into
the B,iil ding Code all restrictive provisions heretofore adopted and
alsD Ii�5se desired by the Council, and adopt the entire ordinance at one
time. vlayor Pearson ordered the matter held on the agenda
mvz
9-4
CD
Q
F-�
April 24' 1972
City Attorney's Meeting
Mr. Kinley advised the Council that the Annual Meeting of City
Attorneys is scheduled for May 3-7, 1972 in Palm Springs, and it was
his intention to attend 'the meetings
A motion to authorize Mr. Kinley to attend the meetings was
made by Councilman. Battaglia, seco-Rded by Councilman Bear and carried
by the following roll call-. vote:
AYES: Councilmen Battaglia, Bear, Dein°nsheimer
Mayor Pearson.
NOES-. None
ABSENT- Councilman Hesse
Mr. -.Jack Palmer, Vicious Dog CoMplaint
Mr. Kinley advised that he has not had any further information
from the District Attorney on the complaint, and asked that the matter
be held on the agenda. The Mayor so ordered.
CITY DEPAWEMENTS
Sheriff's Department Statistical, Report
The Sheriff's Department Statistical Report dated March 1972
was presented to the Council. The report was received and filed.
L. Ae County, Fire Department Activity Report
The Activity Report of
for March 1972 was presented to
and filed.
MATTERS FROM THE AUDaENCE
the Los Angeles County Fire Department
the.Councilo The report was received
3:65
Mr. .Joseph 011a, 41 Crest Road West, announced that the Second
Annual.Rolling Dills English Horse Clinic will be held Saturday,
April 29th at the Caballeros Ring at.9:00 A.M. and the Second Annual
Western. Horse Clinic will be held at the Caballeros Ring at 9:00 A.M,
May 6th. The Manager said the residents would be advised of the clinics
in a newsletter to -go out later in the week. Mayor Pearson thankedMre
011a for the information.
MATTERS FROM THE CITY C(XJNC1L
Rattlesnake Season.
Coun.cilman.Heinsheimer reported that Dr. Frederick Krieger,
2 Ringbit Road, had volunteered to research the treatment facilities
for snakebite, and would advise the Clay of the latest information on
availability of serum and the L2<ationso He requested that mention
be made in the Newsletter of the fact that the snakebite season ha.s,
arrived, and give some information on what to do if bitten.
S 51_�•rk Arrestors
Counc�'-flan Battaglia asked for an update of the compliance with
the ordinance requiring spark arrestors on a1.1 chimneys. The Manager
said that the files had been checked thoroughly within the past few
months, and all. residents who had not ,complied had received reminders
There was an i=mmediate increase inthe -nium. ber of spark arrestors in -
r --he reported, and no homes are s -old or escrows closed without
full compliance. Efforts for full enforcement will continue, Mrs
Clifton said
Apra 224,,; 1972
MATTERS FROM CITY OFFICERS
City Attorney re: brown Act
The City Attorney reported that he had distributed copies of
the Brown Act to) all members of the Council so they could. be advised
of their duties and responsibilities with regard -to membership on.
the City Council.
ADJOURNMENT.
There being no farther business to come before the meeting,
Mayor Pearson recessed the session at 10a45 P.M. to a personnel ses-
sion to discuss applications for a position on, the Planning Commissions
The meeting reconvened at 11:40 P.M. aL-L)d the Mayos announced that Mr.
,Tames Oo Johnston, 27 Eastfield Drive had been appointed to fill the
unexpired term of Councilliia.n Battaglia ozi the Planning Commission.
A motion for adj our��ment was made at 11-45 P.M. by Council-
man bear, seconded by Councilman. Ueinsheimmer and carried by the follow-
ing roll call, vote
AYES- Councilmen Battaglia, Bear, Heinsheimer
Mayor Pearson
NOES: bone
ABSENT: Councilman Hesse
APPROVED -
ell M yor
-9-
7z
City Cle
1