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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