4/8/1974MINUTES OF THE
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS
April.. 8, 1974
A regular meeting of the Clay Council was called to order by Mayor
Battaglia at 7:30 P.M. Monday, April 8, 1974 at the Administration. Build-
ing, 2.Portuguese Bend Road, Rolling Hills, California.
ROLL CALL
PRESENT: Councilmen Crocker, Heinsheimer, Le Conte, Rose
Mayor Battaglia
ABSENT: None
ALSO PRESENT:Teena Clifton City Manager
William Kinley City Attorney
r• June Cunningham Secretary
Jp Chief Paul Schneider L. A. County Fire Dept.
Charles Nollenberger Calif, Water Service
Michael Boland Attorney
Bart Cleveland Resident
Q R. E. Hall it
F. S. Hummel If
Dr. & Mrs. S. Kim it
Ms. Velma Matthews If
Ms. Joan. Saffo it
Ms. Suzanne Small it
F. W. Woodbridge If
APPROVAL OF MINUTES 7
A motion to approve the minutes of the meeting of April 8, 1974,
subject to correction before the next meeting, was made by Councilwoman
Le Conte, seconded by Councilman Crocker and carried by the following
roll call vote:
AYES: Councilmen Crocker, Heinsheimer, Le Conte, Rose
Mayor Battaglia
NOES: None
ABSENT: None
SLOPE FAILURE, POPPYTRAIL 18
Mr. Michael Boland advised the Council that he was an attorney
representing Dr. and Mrs. Samuel Kim, 7 Poppytrail, whose property and
residence were damaged in a recent slope failure in the area, Mr.
Boland urged the Council to defer approval of Tract 32071, Mr. Robert
Dunn, 2 Poppytrail, or to refer it back to the Planning Commission
pending receipt of additional geological reports that are being done
by Converse, Davis and Associates. In working on the Kim property,
Converse, Davis geologists have done some borings and have found some
water. No determination has been made as to where the water comes
from, or whether additional earth movement might take place, but a
report will be forthcoming defining the possible future problems and
possible remedies. Although considerable time and money have been
spent by Mr. Robef t Dunn in attempting to find a solution, no assurance
has been received from Lockwood, Singh that additional slippage could
not or would not occur, and Mr. Boland again urged that no additional
construction be permitted until additional reports on the geology are
presented.
The Manager explained that the matter on the Council agenda at
the present time is approval of Tentative Tract No. 32071 on the
Poppytrail property, referred by the Planning Commission after approval
April 8, 1974
by that body on March 19, and that a building permit, independent of the
subdivision, had already been issued for construction of a residence by
Mr. Dunn. Mr. Kinley asked whom Converse, Davis and Associates represent
and Mr. Boland said they were engaged by Mr. Dunn°s insurance carrier,
and.that he had engaged Mr. Manley Natland, a private geologist to also
report on the geology. The City Attorney recommended that any action
considered by the Council be taken on the basis of reports from the
Cityls geologist, Los Angeles County Engineering Geology Department,
and not on the findings of a geologist hired by a possible litigant or
an insurance carrier.
Councilman Heinsheimer moved that a moratorium up to sixty days
be imposed on the building permit to enable the City's geologist to
report on stabilization, and during that same period, hopefully to
receive reports from other geologists retained by the various parties.
The motion was seconded by Councilman Rose and carried by the following
roll call vote:
AYES: Councilmen Crocker,
Mayor Battaglia
NOES: None
ABSENT: None
Mayor Battaglia directed that Mro
action, and that the matter be placed
ing gust prior to expiration of the 60
o illZraligWalm
WEED ABATEMENT 11.9
Heinsheimer, Le Conte, Rose
Dunn be advised
on the agenda of
day moratorium.
of the Council's
the Council meet -
Councilman Crocker reported that he had met with the City Manager,
Mrs. Joan Saffo and representatives of Los Angeles County Fire Depart-
ment and the County Agricultural Department, and has been advised that
discing of properties will begin immediately, and will be completed by
June lst. Residents will be notified of weed abatement requirements,
and properties on which the owners do not comply will be cleared and
the charges added to the tax bills. All residents and property owners
have been advised of the current requirements and plans for enforcing
the existing ordinance; however, Councilman Crocker expressed a concern
that even. when residents comply with the ordinance, brush and high grass
outside of the Limits required to be cleared remain, year after year and
constitute a great fire hazard; he suggested that the Council consider
adoption of an urgency ordinance, and distributed copies of a proposed
urgency ordinance prepared by the City Attorney. Councilman Crocker
explained that the proposed ordinance would require clearing of all
unimproved property, in.cluding unimproved portions of properties on
which a home is located., which would have to be cleared of all brush
and growth which constitute a fire hazard The Mpyor then called a
five minute recess for Councilmen and residents in attendance to review
the proposed ordinance adopting a Fire Code.
The Mayor reconvened the meeting, and Councilman Crocker moved
that a public hearing be scheduled for the next regular meeting of the
Council on, April, 22nd on the proposed urgency ordinance, which would
require disci.n.g and clearing any area which could be cleared mechanic-
ally whether it was an unimproved property, or an unimproved portion
of an improved property. ICouncilman Rose seconded the motion, which
was carried by the following roll call vote:
AYES: Councilmen Crocker, Heinsheimer, Le Conte, Rose
Mayor Battaglia
NOES: None
ABSENT: None
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April 8, 1974
Mr. Fm So Hummel, 7 Chesterfield Road, stated that he is the Fire
Warden of the Brown. Area under the Disaster Planning Committee; he
said his home is exposed to the canyon and he disagrees with the pro-
posed ordinance because his property consists of eight and one half
acres, and to clear the entire property would constitute "overkill",
since much of his land is steep canyon. Mayor Battaglia asked Mr.
Hummel to attend the Public Hearing and he said he would. •Mre Bart
Cleveland, 2 Open Brand Road, agreed that he considers the proposed
requirement of clearing a canyon unreasonable.
Mayor Battaglia asked Councilman Crocker to meet with Fire Chief
Paul Schneider and Mrs. Joan Saffo to develop the proposed ordinance
in the form in which it will be presented to the residents, and to
mail copies to the Council for comments. A telephone poll of the
Council will be made, and their comments will be incorporated into a
proposed ordinance to be presented at the public hearing. Further,
he directed that the residents be advised of the public hearing on
the proposed ordinance.
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�..� GASOLINE ALLOCATION 203
Councilwoman Le Conte reported that following the meeting in
Q Lawndale on the gasoline allocation, the cities were advised that
all contracts had been extended to June 301, 1974. The contract for
the City of Rolling Hills is dated July 14th, and Councilwoman Le
Conte said she would contact the Board of Supervisors to inquire
about thy: status of the contract. Mayor Battaglia ordered the matter
held on the agenda until the meeting of May 13, 19740
COMMERCIAL USE OF PROPERTY IN ROLLING HILLS 210
Mayor Battaglia proposed that the Council develop a definition
of commercial activity, and A procedure for permitting certain eques-
trian and tennis oriented commercial services within the City of
Rolling Hills, recognizing that it is an equestrian community and is
rapidly becoming a tennis community, and such services provided to
and by the residents, such as tennis lessons, riding classes, veter-
inarian services, although commercial in nature, are and must continue
to be offered as part of the operation of such recreational facilities.
Councilwoman Le Conte said she had spoken to former Councilman
Hesse about serving on a committee appointed by Mayor pro tem Heins-
heimer during Mayor Battaglia's absence from a meeting, and it was
her intention to have a committee of six or seven members review the
matter and report their recommendations to the Council within a month
to six weeks. Mrs. Suzanne Small, 5 Flying Mane Lane, said she would
be willing to help with the discussion and Councilwoman Le Conte asked
her to serve on the Committee.
MOTOROLA ALERT MONITOR RECEIVER. 227
Mayor Battaglia asked Councilman. Heinsheimer to report on a
memorandum dated March 2, 1974 from Dr. Martin Gould, co-chairman
of the Disaster Planning Commission. Councilman Heinsheimer reported
that Dr. Gould had been authorized at the meeting of March 25th to
proceed with testing of the Motorola Alert Monitor, and to date no
report of any such test has been made. The Mayor ordered the matter
held on the agenda.
RAPID TRANSIT DISTRICT 230
Councilman Rose reported that he is active in representing groups
of physically handicapped and disabled persons who are unable to use
available transportation systems, and at least 25% of the population
is unable to board the existing RTD buses, because.of their physical
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April 8, 1974
condition and the design of the bus. A bus has been designed and
could be made available to disabled, handicapped and elderly persons
if the Department of Transportation would release the plans. Council-
man Rose then presented a resolution in draft form requesting that
the Southern California Rapid Transit District refrain from purchasing
buses which are inaccessible to disabled, handicapped and elderly per-
sons, and that the SCRTD use all means available to cause the Department
of Transportation to allow immediate production of the TRANSBUS, which
is designed to accommodate such persons, and can be obtained for approx-
imately $600 m $700 more than the basic designed bus, which costs ap-
proximately $60,000,
Councilman Crocker moved that the resolution be adopted. The
motion was seconded by Councilman Rosea Councilman Heinsheimer moved
that the resolution be fabled, for further discussion of a resolution
in final form at the next meeting. The motion was seconded by Council-
woman Le Conte and carried by the following roll call vote:
AYES: Councilmen Crocker, Heinsheimer, Le Conte, Rose
Mayor Battaglia
NOES: None
ABSENT: None
NEW BUSINESS
ROLLING HILLS ENVIRONMENTAL QUALITY CONTROL BOARD 294
Mayor Battaglia reported that members of the Board of Directors
of the Rolling Hills Community Association have been serving as the
'Environmental Quality Board, and it is his opinion that since the
Environmental Quality Board is responsible to the City, it is not
appropriate for the Board of Directors to sit as the Environmental
Quality Board, therefore he has asked for and received the resignations
of members. It is his wish to appoint a new Environmental Quality
Board consisting of a member of each of the following: Board of Direc-
tors of the Rolling Hills Community Association, Architectural Committee,
Planning Commission and two disinterested citizens, and he asked that
members of the Council submit the names of two residents to serve on
the Quality Control Board.
A motion to approve the plan as submitted was made by Council-
woman Le Conte, seconded by Councilman Heinsheimer and carried by the
following roll call vote:
AYES: Councilmen Crocker,
Mayor Battaglia
NOES: None
ABSENT: None
CORRESPONDENCE
324
Heinsheimer, Le Conte, Rose
PARAMEDIC LEGISLATION, SENATE BILL 772
Mayor Battaglia requested that Councilmen Rose and Heinsheimer
review correspondence from Senator James Q. Wedworth regarding Senate
Bill 772 which would make the paramedic emergency medical services
program a permanent program, and report to the Council.
CITY OF REDONDO BEACH
Mayor Battaglia requested that Councilwoman Le Conte review cor-
respondence from Mr. Francis Hopkins, Special Consultant to the City
of Redondo Beach regarding allocation of alcoholism funds for the
cities of the South Bay, and report to the Council.
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April 8, 1974
RAPID TRANSIT DISTRICT
A report from the Southern California Rapid Transit District
about implementation of the 25(,% Flat Fare Program on April 1, 1974
was received and filed.
CITY OF INGLEWOOD
Correspondence from the City of Inglewood regarding the Federal
Safe Streets Act was referred to Councilman Rose for a report to the
Council.
CITY OF TORRANCE
Correspondence from the City of Torrance expressing opposition to
the closure of Fort MacArthur was referred to Councilwoman Le Conte
for a report to the Council.
t" STATE COMPENSATION INSURANCE FUND
40
The City Attorney recommended that the Council take action on
pending legislation which would enable the City to insure its workmens
compensation liability with any carrier of its choice; the law now
provides that it must insure with the State Fund. Mr. Kinley explained
that there have been accusations that the State funds have not properly
handled their risks, and that recommendations for settlements have been
made which were not in line with the injuries involved, and as a re-
sult the rate for workimen's compensation for cities has risen substan-
tially. It was Mr. Kinley°s recommendation that the City Council for-
ward a resolution approving legislation introduced as Senate Bill 1892,
Councilman Rose said he had reviewed the correspondence, and he
moved that the City Attorney's recommendation to endorse the Senate
Bill be accepted. The motion was seconded by Councilman Crocker and
carried by the following roll call vote:
AYES: Councilmen Crocker, Heinsheimer, Le Conte, Rose
Mayor Battaglia
NOES: None
ABSENT: None
LOS ANGELES REG. FORUM ON SOLID WASTE MANAGEMENT
Mayor Battaglia asked Councilman Rose to attend the Fourth Annual
Symposium on Solid Waste Management on May 8, 1974 and report to the
Council.
CALIFORNIA CONTRACT CITIES ASSOCIATION
Councilwoman Le Conte said she would not be able to attend the
meeting of California Cities on Wednesday, April 179 1974. Mayor
Battaglia said he would attend if possible, as it is his committee
assignment. o
PALOS VERDES PENINSULA CHAMBER -OF COMMERCE
Mayor Battaglia urged members of the City Council to attend the
get -acquainted reception for Mayors, City Councils and City Managers
sponsored by the Palos Verdes Peninsula Chamber of Commerce on Thurs-
day, April 18th.
ADVISORY COORDINATING COUNCIL ON PUBLIC PERSONNEL MANAGEMENT
Mayor Battaglia asked the City Manager to review correspondence
from the Advisory Coordinating Council on Public.Personnel Management.
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April 8, 1974
CITY OF TORRANCE
Mayor Battaglia referred correspondence
with reference to the Federal Aid Highway Act
for review and a report to the Council.
RECESS
from the City of Torrance
of 1973 to Councilman Rose
Mayor Battaglia recessed, the session at 9 P.M. for five minutes.
The session was reconvened at 9:05 P.M.
PAYMENT OF BILLS 353
Councilman Crocker moved that Demands No. 3601 through 3626 be
paid from the General Fund. The motion was seconded by Councilman
Heinsheimer and carried by the following roll call vote:
AYES: Councilmen Crocker,
Mayor Battaglia
NOES: None
ABSENT: None
Heinsheimer, Le Conte,, Rose
CITY OF RANCHO PALOS VERDES ,RE: NIKE MISSILE SITE
Mrs. Clifton reported that a single copy of correspondence from
the City of Rancho Palos Verdes regarding an application for an econ-
omic development -technical assistance grant, Nike Missile Site util-
ization study was delivered to her just prior to the meeting. Mayor
Battaglia requested that copies be made for members df the Council,
and ordered the matter held on the agenda for discussion at the next
meeting.
CITY OF PASADENA
Councilman Rose said he would be unable to attend the general
membership meeting of the League of California Cities in Pasadena
on April 18, 1974 because of the Palos Verdes Peninsula Chamber of
Commerce reception. The correspondence was received and filed.
SOUTHERN CALIFORNIA GAS COMPANY, APPLICATION N0, 54780
An application from Southern California Gas Company for authority
to increase gas rates to offset higher gas costs resulting from in-
creases in the price of natural gas purchased from its supplier was
referred to Councilwoman. Le Conte for a report to the Council.
CITY ATTORNEY
CALIFORNIA CONTRACT CITIES ASSOCIATION 374
Correspondence dated March 252'
1974 from the Special Committee
of City Attorneys regarding the City of Los Angeles vs. County of Los
Angeles, et al, Superior Court Case No. C-76041 was presented. The
City Attorney recommended that any funds spent for legal representation
by the City of Rolling Hills be spent on joining the City of Baldwin
Park, which is attempting to establish that the Sales Tax Act is un-
constitutional in some aspects, rather than in joining the suit between
Los Angeles City and Los Angeles County.
Mayor Battaglia ordered the matter held on the agenda to see
whether the City of Rolling Hills is served in the suite
CONFLICT OF INTEREST AND DISCLOSURE OF ASSETS ACTS 388
The City Attorney advised that execution of legis,l.at-to-n. requiring
filing of conflict of interests and disclosure of assets has been
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April 8, 1974
suspended until the Supreme Court hands down a decision on -the matter.
Mr. Kinley said he had reviewed forms provided by the League of Cali-
fornia Cities, which are sufficiently encompassing but -less personal'in
nature than those proposed by the Secretary of State.
Mayor Battaglia requested that Councilman Rose review the Ballot
Propositions submitted by the League of California Cities, and asked
Mr. Kinley to continue to advise the City Council.on Conflict of Inter-
est and Disclosure of Assets requirements,
ORDINANCE N0, 122
425
Councilman Crocker reported that a meeting had been held of mem-
bers of the Committee appointed to review the proposed ordinance con-
trolling use of motorcycles in Rolling Hills. He requested that the
public hearing to be scheduled on the matter be held until after the
public hearing to consider amending the Fire Code. Mayor Battaglia
so ordered, and suggested that two members of Caballeros be appointed
to the Committee to review the proposed ordinance. Councilman Crocker
said he would present the proposed ordinance, incorporating recommend-
ations of the Committee at the next Council meeting.
Councilman Crocker said that since the ordinance had been intro-
duced, she wished to move that the ordinance as introduced be held on
the agenda for consideration of amendments. The motion was seconded
by Councilman Crocker and carried by the following roll call vote:
AYES: Councilmen Crocker,
Mayor Battaglia
NOES: None
ABSENT: None
CITY DEPARTMENTS
Heinsheimer, Le Conte, Rose
COUNTY Of LOS ANGELES, DEPARTMENT OF AUDITOR -CONTROLLER 483
In a letter dated March 19, 1974 Mr. Daniel OB Ikemoto, Chief,
Audit Division, advised that the City of Rolling Hills has complied
with federal guidelines for the Public Employment Program (PEP). The
Mayon ordered the correspondence received and filed.
COUNTY OF LOS ANGELES, OFFICE OF THE DIRECTOR OF PERSONNEL 488
The Manager reported that she had applied on behalf of -the
City for participation in the Comprehensive Employment and Training
Acte A letter dated March 27, 1974 advised that the starting date
for the position will be May 1, 1974. The Mayor ordered the corres-
pondence received and filed.
MATTERS FROM THE AUDIENCE
PERSONNEL SESSION 490
Ms. Corena Green, reporter for the Palos Verdes Peninsula News
and Rolling Hills Herald, asked the purpose of the executive session
scheduled following the meeting. The Mayor said it would be held
for the purpose of discussion of personnel and possible litigation.
PROPOSED FIRE STATION 496
Chief Paul Schneider, Los Angeles County Fire Department, asked
that the Council support requests that the Nike site be acquired for
an emergency center on the Peninsula, with addition of a fire station
at that location.. Councilwoman Le Conte said she had discussed the
matter with city officials at Rancho Palos Verdes, and that is one of
the possiblilities they wish to consider for the site.
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161
April 8, 1974
MATTERS FROM THE COUNCIL
POLICE PROTECTION FOR THE PENINSULA 508
Councilwoman Le Conte reported that she had been contacted by
representatives of Rancho Palos Verdes and asked to meet to discuss
the possibility of joint police protection for the Peninsula; she asked
that Councilman Heinsheimer be delegated to serve with her, and the
Mayor so directed,
SOUTH BAY CORRIDOR MEETING
520
Councilwoman Le Conte reported that she had been invited by
Councilman Paul Peppard to attend the South Bay Corridor meeting, and
she suggested that the City of Rolling Hills become involved in the
project, Mayor Battaglia explained that the previous Council had
endorsed the study in concept.
BONDING FOR CITY EMPLOYEES
Councilman Crocker reported that he had reviewed the bonding of
City employees, and at present the City Manager and City Treasurer and
Bookkeeper are bonded in the amount of $10,000° It was Councilman
Crocker s recommendation that blanket coverage of all employees in the
amount of $10,000 be obtained immediately, and that blanket coverage
of all employees in the amount of $25 000 be considered in the next
budget. Cost of the $10,000 bond is 284 per year, and the $25,000
bond.is $449 per year, Councilman Crocker said.
Councilwoman Le Conte moved that the item be tabled until the
next meeting. The motion was seconded by Councilman Heinsheimer and
failed to carry on the following roll call vote:
AYES: Councilmen Heinsheimer, Councilwoman Le Conte
NOES: Councilmen Crocker., Rose, Mayor Battaglia
ABSENT: None
Councilman Rose moved that the City immediately obtain a blanket
bond in the amount of $10,000. The motion was seconded by Councilman
Crocker and carried by the following roll call vote:
AXES: Councilmen Crocker, Le Conte, Rose, Mayor Battaglia
NOES: Councilman Heinsheimer
ABSENT: None
MATTERS FROM CITY OFFICERS
CITY OF BALDWIN PARK 598
The City Attorney reported that he had contacted the City of
Baldwin Park about participating in litigation and hiring counsel to
declare the Sales Tax Act unconstitutional, and was advised that if
successful, the City of Rolling Hills would be richer by $49,000 annu-
ally, if the sales tax were distributed on a per capita basis, rather
than on a location basis. Mr. Kinley reported that the contract price
for counsel, including research, would be $60 per hour and to date .74
cities are participating. Mr. Kinley said he will attempt to determine
the total cost of the litigation, and recommended that the City Council
consider participation, Mayor Battaglia directed the City Attorney to
attempt to determine the cost to the City, and report back to the Council.
Mrs. Clifton, said that Rancho Palos Verdes has already taken action
and has approved a limit of 3(,� per capita for participation in litigation.
All)
1 GG, 3.
April 8, 1974
SUBDIVIDION PROCEDURE 620
The Manager reported that the subdivision procedure which had
been distributed to the Board and City Council will,be reproduced and
distributed over the counter to residents and realtorso
FLOOD CONTROL.PROJECTS 625
Mrs. Clifton said she and Councilman Heinsheimer have scheduled a
meeting to discuss priority of Flood Control.Projects in the City, and a
report will be made to the Council at the next meeting.
PALOS VERDES COMMUNITY ARTS ASSOCIATION 632
Mayor Battaglia read a letter from the Palos -Verdes Community
Arts Association inviting the Council to attend the dedication.of their
new facility on Sunday, May 26, 1974, and asked members of thd-'Council
to attend in a body.
ADJOURNMENT 641
Ca There being no further business to come before the meeting, Mayor
Q Battaglia adjourned the session to a personnel session at 9:40 P -,M.
The meeting was re -convened at 11:00 P.M. and _adjourned by the Mayor
to meet at the next regular date, April 22, 19740
o _
City Clet'k
APPROVED:
Mayor