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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 -2- �l 1-57 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. 00 �..� 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 -3- 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. -4- 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. -5- 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 ff-V f' r- 00 00 C� Q f] 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. -7- 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