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7/22/1974MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING"DILLS;�CALIFORNIA July 22, 1974 A regular meeting of the City Council was called to order by Mayor Battaglia at 7:30 PoM. Monday, July 22, 1974 at the Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: APPROVAL OF MINUTES 219 Councilmen Crocker, Le Conte, Rose, Mayor Battaglia Councilman Heinsheimer Teena Clifton William Kinley Douglas Rogers June Cunningham Tom Gaian. Howard Jensen Mrs. Velma Matthews Mrs. Joan. Saffo Clifford Hitchcock City Manager City Attorney City Treasurer Secretary Resident it A motion to approve the minutes of the meeting of June 27th as corrected was made by Councilman Rose, seconded 'by Councilman Crocker and carried by the following roll call vote: AYES: Councilmen NOES: None ABSENT: Councilman Crocker, Le Conte, Rose, Mayor Battaglia Hein.sheimer PROPOSED BUDGET, FISCAL YEAR 1974-75 Mr. Rogers, City Treasurer, budget materials containing revised Association budgets, and an analysis parisons of major items. Oil distributed a reassembled packet of copies of the tentative City and of the combined budgets with com- Mayor Battaglia said the fund information should not be combined except for analysis. Mr. Rogers said the combined analysis was prepared on a one time basis to answer questions, and should be used as a refer- ence document; there will be no combining of City and Association budgets. Further, Mr. Rogers said certain changes had been made in both budgets and certain funds had been shifted, and the tentative budget he was pre- senting to the City showed a tax rate of $1.00 per $100.00 assessed valuation, and the revised budget to be submitted to the Association would havea tax rate of 65(,, per $100.00 assessed valuation. Mayor Battaglia then opened the matter to discussion by the Council. Councilman Crocker said he had been asked to review the request of the Palos Verdes Peninsula Chamber of Commerce for a contribution, and it was his recommendation. that in view of the stringency of the budget, all requests for contributions be reviewed carefully, and no contributions be made, no matter how worthy the cause, unless the City benefitted directly from the contribution. This included the Chamber of Commerce, and Councilman Crocker suggested that contributions to the Chamber be made individually by members of the Community who might wish to support it. Mr. Rogers said that pursuant to discussion of the budget at the last meeting, the sum of $2,000 had been included in the Cityls budget for contributions. Councilman Crocker moved that the request of the Chamber of Commerce for a donation be denied, and that no money be included in the budget for the purpose. The motion was seconded by Councilman Rose and carried by the following roll call vote: 220 July 22, 1974 AYES: Councilmen Crocker, Le Conte, Rose NOES: Mayor Battaglia ABSENT: Councilman Heinsheimer Councilman Rose asked whether the modification of the restrooms for handicapped persons had been included in the Budget, and the Mayor said if not specifically included, it could be considered under.Miscel- laneous. Further, he suggested that"Contributions and Miscellaneous be combined in the budget, and that the Miscellaneous fund not be used for any but the most necessary expenditures. Councilman Rose requested that estimates for modification of the restrooms be referred to him before any were accepted, and the Manager said she would do so. Mrs. Clifton said she expected the bids during the week, as the measurements had been taken by the company which will do the modification. Councilman Crocker said he had grave reservations about the allocation of $10,000 for undergrounding by the City; it was his opinion that the telephone company was being less than cooperative about wokking with the City in undergrounding utilities in the Flying Triangle area. Councilman Rose asked what portion of trenching the City would pay, together with the General Telephone Company, Southern California Edison and Palos Verdes Cable TV, and Mrs. Clifton said the City would pay ap- proximately 95% of the cost for undergrounding. Councilwoman Le Conte said the figure quoted by Edison would be good until October, and com- mitments had also been made by the telephone company and Cable TV Com- pany, and she urged that the City move forward on the project without delay. Mayor Battaglia said the telephone company is ready to go for- ward, and will make the installation down Cinchring Road, cut across the canyon, and permanent service will be established for the Flying Triangle as shown on maps in the Association files. Councilman Crocker moved that no funds be expended on the under - grounding until all.information and maps were supplied to members of the present Council, who were not in office when the matter was dis- cussed previously. The motion. was seconded by Councilman Rose and failed to carry on the following roll call vote: AYES: Councilmen Crocker, Rose NOES: Councilwoman Le Conte, Mayor Battaglia ABSENT: Councilman Heinsheimer The Mayor directed that maps and information be sent to the Council as soon as possible for discussion at the next meeting. Coun- cilman Rose said he wished to comment for the record that he considers undergrounding of utilities one of the most important issues for the Community, and removal of poles is the one single thing that would beautify the entire community. Councilman Crocker moved that the tentative budget as revised be adopted. The motion was seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmen Crocker, Le Conte, Rose, Mayor Battaglia NOES: None ABSENT: Councilman Heinsheimer Mayor Battaglia distributed copies of a memorandum dated July 21 from Joan Saffo, President of the Rolling Hills Community Association. Mrs. Saffo advised the Mayor that after the fire in June 1973, Stanford Research Institute recommended a feasibility study to widen certain bridle trails for access roads for smaller fire fighting equipment. On this recommendation, Mr. Robert Fortney of Caballeros and officials of the Los Angeles County Fire Department surveyed the existing trails and determined that certain ones could be widened and used effectively in fire fighting in Rolling Hills, as well as effective fire breaks -2- 212,1' July 22, 1974 throughout the city, at an estimated cost of $2,000. Mrs. Saffo re- ferred the matter to the city for consideration in the final budget, in, line with the recently adopted fire code ordinance. Mayor Battaglia ordered the matter held on the agenda for discussion at the next review of the budget. PALOS VERDES PENINSULA YOUTH COMMISSION 252 Mrs. Clifton presented a letter dated .Tune 21, 1974 from Mrs. Joan Hogan, Chairperson, Palos Verdes Peninsula Youth Commission. Mrs. Hogan advised that a social service program has been developed in the community in response to a felt need, and the Youth Commission has sponsored establishment of the Palos Verdes Switchboard, a 24-hour communication for those who need help, and those who need to help, and the Thumb Taxi, operated by and for the young to serve the need of"youth to move in safety. t" - j0 . Mrs. Clifton reported that following receipt of the letter one of the Thumb Taxis was involved in a serious accident while being operated by an unlicensed,,.unauthorized driver, and service had,. been suspended pending complete investigationof the accident. Further, the Manager said the Switchboard had received a $4,000 grant, and would receive additional funds from the Sheriff's Department in line with the Juvenile Diversion Program discussed at the last meeting of the Council. Mayor Battaglia directed that Mrs. Hogan's request that the City: 1) appoint a representative to attend the Youth Commission meetings; 2) budget a specific amount to contribute to the programs, to be deferred until the matter of operation of the Thumb Taxi has been decided. LOS ANGELES COUNTY FLOOD CONTROL DISTRICT 261 A letter dated June 24, 1974 from Los Angeles County Flood Control District, requesting line priorities as soon as possible, was presented to the Council. Recommendations of the City Manager regarding priorities were also presented. Following review of the cost breakdowns, Councilman Crocker moved approval of the project allocation for purposes of discussion. The motion -was seconded by Councilman Rose, who requested additional time to study the matter before voting. Mayor Battaglia deferred the vote until the end of the meeting, to give members of -the Council additional time to review the matter. 1974 STATE PARK BOND ACT 287 Mrs. Clifton reported that the application for a State grant under the 1974 State Park Bond Act had not been submitted because of information from Sacramento which indicated that it would be necessary for the Association to provide the State with an easement over the private roads for a 30 year period. Further, Mrs. Clifton said that if the Council wished to put in an application for funds for the gate areas for the 1975/76 Fiscal Year, it would be necessary to file an application by September 15, 1974, and there are many more details to be completed for the second application. The Manager asked for as much lead time as possible for completion.of the application. Mayor Battaglia assigned the matter to Councilman Crocker, Recreation.Officer, for review and asked him to work with the City Manager in reviewing the matter to determine whether it would be desikeable for the City to make the filing, and if so, to get the proper information together. -3® 222 July 22, 1974 SEISMIC SAFETY AND SAFETY ELEMENT 295 RESOLUTION NO. 317 Councilman Rose moved that Resolution No. 317, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING THE CITY MANAGER OF THE CITY OF ROLLING HILLS TO MAKE APPLICATION FOR AN EXTENSION OF THE DEADLINE FOR .ADOPTION OF THE SEISMIC SAFETY ELEMENT AND A SAFETY ELEMENT FROM SEPTEMBER 20, 1974 TO SEPTEMBER 20, 1975 FROM THE STATE OF CALIFORNIA COUNCIL ON INTERGOVERNMENTAL RELATIONS be adopted, and that reading in full be waived. The motion was seconded by Councilwoman Le Conte and carried by -the following roll call vote: AYES: Councilmen NOES: None ABSENM�� Councilman Mrs. Clifton reported in the joint study are making Crocker, Le Conte, Rose, Mayor Battaglia Heinsheimer that the three Peninsula cities participating the request for time extension. Councilwoman Le Conte moved that a joint contract agreement be- tween the cities of Rolling Hills, Rolling Hills Estates and Rancho Palos Verdes and the Envicom Corporation for preparation of a seismic study.be approved as recommended by the City Manager. The motion was seconded by Councilman Rose. Councilman Crocker moved that the motion be amended to state that participation by the City of Rolling Hills be based on the average of percentages of comparison of land area, assessed valuation, housing units and population as among the three cities. The motion to amend was secon- ded by Councilman Rose and carried by the following roll call vote: AYES: Councilmen Crocker, Le Conte, Rose, Mayor Battaglia NOES: None ABSENT: Councilman Heinsheimer The motion as amended was carried by the following roll call vote: AYES: Councilmen Crocker, Le Conte, Rose, Mayor Battaglia NOES: None ABSENT: Councilman Heinsheimer CITY COUNCIL REPORTS COUNCILMAN HEINSHEIMER 333 Mayor Battaglia directed that reports on Traffic Monitoring and Oil and Gas Lease Sale be held on the agenda until Councilman Heinsheimer returns. COUNCILWOMAN LE CONTE RAPID TRANSIT DISTRICT 338 Councilwoman Le Conte reported that the Executive Committee of SCAG has approved the Rapid Transit District proposal, and it is expected that the Board of Supervisors will have the measure on the November bal- lot for approval of two 1/2� sales tax items by which it can be financed. If approved, communications with the Federal Government with respect to legislation which would make additional funds available can be pursued, Councilwoman Le Conte said. A map showing the final approved routes is available for Council review, she said. -4- 1 1 22-3 July 22, 1974 COMMERCIAL USE OF PROPERTY IN ROLLING HILL'S 345. Mayor Battaglia opened discussion of the Report of the Committee to Study Commercial Use of Property in Rolling Hills, and asked that copies be made available to persons in attendance at the meeting.. Councilwoman Le Conte, chairman of the Committee, stated that she wished to make two comments relevant to statements made at the last Coun- cil -meeting: first, the suggestion that the Planning Commission might be. too busy to consider the matter was not pertinent since Ordinance No. 33 clearly states that amending the ordinance must start with the Planning Commission, and further, Dr. Godfrey Pernell, Chairman of.the Planning Commission, upon being consulted, stated that the Commission would con- sider whatever was its responsibility to act on; and second, the City Attorney's statement that the tentative recommendations of the Committee to regularize present practices of residents were in violation of the deed restrictions, and the regulations of the Community Association tr simply verified the finding that there are presently widespread viola - JO tions of the City ordinances, deed restrictions and Association regula- r-� tions which are being neither enforced nor controlled. Mayor Battaglia asked Mr.. Kinley whether conduct of riding lessons and swimming lessons within the community violate the deed restrictions, and the attorney said that in the strict sense of the word, they do. Councilwoman Le Conte said that after reviewing existing ordin� antes and existing violations and discussing how they should be handled, whether commercial use of property should be permitted, left alone or regularized, the Committee decided it would be in the best interest of the Community to refer the matter, together with its report, to the Planning Commission for consideration and action after public hearings as required by Ordinance No. 33. Dr. Pernell recommended that the matter be reviewed by the Board of Directors as well as -the Planning Commission prior to Public Hearings, Councilwoman Le Conte reported, and she recommended that the matter be explained briefly in the News- letter before public hearings are held, so residents would know what they were being asked to comment on. Councilman Rose said he thought a philosophy on commercial use of property, similar. to the philosophy of the budget, would be an.ap- .propriate approach by the City Council, and could provide a guide to the proper development of a solution, in view of environment and peace and tranquility in the community that would be compatible with certain commercial activities. Councilman Crocker said he agreed with the con- cept of a philosophy as outlined by Councilman Rose. Mayor Battaglia called on members of the Community for comment. Mr. Tom Gaian, 68 Portuguese Bend Road, said the term "commercial use of private property" has wide application, since he has an antique car for sale, and also sold a litter of puppies, both for exchange of,moneyi_ Mrs. Gaian gives riding lessons, but doesn't charge for them, he said. Some properties in the city are leased by non-residents for the purpose of conducting a business., Mr. Gaian said, and those persons come into .the city and conduct business for money. Leasing_a stable to a non- resident for exchange of money, and permitting that lessee.to give riding lessons for money constitutes commercial use of property, Mr. Gaian said; sale of a car or an animal. or commodity owned by a.resi- dent is not commercial use of property in his opinion. He.asked tha;t- the Council refrain from taking an action that would limit the rights, of residents, and draw guidelines that would apply to residents. Use of Rolling Hills property by non-residents should be discouraged, he said. Mr. Gaian said that some of his neighbors have a number of dogs, some of which they breed for sale of puppies, and he thought that type activity should be permitted; if a noise nuisance developed, he said -5- 22-4 July 22, 1974 other means of regulations could be developed, such as enactment of noise sections of existing ordinances. Mr. Gaian said he is opposed to adoption of additional legislation by the Council. Councilman Rose said the City Council is charged with guarding the health, safety and welfare of residents, and must do it as they see fit; he stated that he is opposed to any commercial use of property by non-residents. Councilwom'an'Le Conte said she felt that Mr. Gaian had delineated the problem but she explained that'the study was conducted because of exist- ing;_or.dinances and restrictions which forbid many of these practices and certain changes are required to'accommodate residents of the City. Mr. Gaian said he wished to state for the record that he is opposed to adoption of any legislation limiting the number of dogs or animals -owned by residents, but he is in favor of rules and regulations that would apply to residents whose dogs,'animal, children, motorcycles, chain saws, cars,.etc. cause a public nuisance affecting other residents. Mrs. Betsy Raine, 71 Portuguese Bend Road, said that although the Animal Control ordinance specifies that no more than three adult dogs be kept,.it is her opinion that three dogs that are a nuisance are far more objectionable than ten dogs that don't bother anyone, and she doesn't think a conditional use permit is the solution. Mrs. Raine said she had two German Shepherds for breeding purposes, and sold the litters. One of her puppies is now past four months of age, and she is also keeping a dog temporarily for her mother, who is unable to have her dog with her in her present living quarters. If the dos bother people she should be advised, Mrs. Raine said, but if they don t bother anyone nothing should be done. A conditional use permit would be an extra encumbrance, and most residents would not bother to apply, Mrs. Raine said. Mr. Howard Jensen, 70 Portuguese Bend Road, said the issue should be separated into several pieces. The issue of commercial use of property has been clarified by the regulations provided by Council- woman Le Conte, he said; a more sensitive issue is the number of animals, specifically dogs, permitted in the community. He suggested an appro- priate regulation of number of dogs that would protect both the animals and owners, and a code of animal usage, so that all residents, both owners of animals and their neighbors, would be protected. Mrs. Velma McKnight Matthews, 11 Cinchring Road, said there is a distinct difference between commercial use of property and the number of animals kept on a property. Animals sold and declared as sales on income tax statements, as well as offices kept in a home and declared on tax returns constitute commercial use of property; the number of animals kept by a resident is a separate matter, not necessarily com- mercial in nature, Mrs. Matthews said. Councilman Rose said that commercial activity that does not disturb a neighbor, pollute the environment or overburden the roads does not disturb him. However, he.said neighbors who turn three dogs loose to disturb a neighborhood while they are out of town are a nuis- ance; any number of dogs that disturb a neighborhood by barking are also a nuisance. Any variance in the number of dogs could be based on good -neighborly conduct, and a conditional use permit issued for more than three dogs could be controlled if a nuisance exists, Council- man Rose said. Mayor Battaglia said he had been concerned about the Committee's finding.that: "2. There is and has been fairly widespread violation of the named ordinance (No. 33) as below: a. Use of homes for business offices, mostly for telephone or mail contacts. b. Use of homes for sales activities on a small scale. c. Riding, tennis, swimming, music and art lessons." am July 22, 1974 However, residents present at the meeting seemed to be more concerned about : "d. Breeding, boarding and training of animals and birds." The Mayor asked the Council whether they wish to approve and accept the report, refer it to the Planning Commission, send it back to be enlarged in line with comments by Councilmen Crocker and Rose. Councilwoman Le Conte moved that the Council accept the recommend- ations of the Committee to refer the matter'to the Planning Commission; that the report,be sent to the Board of Directors as well, taking into consideration comments by Councilmen Crocker and Rose and Mayor Battaglia, and that the Committee receive the comments made at the City Council meet- ing. Councilman Crocker seconded the motion. Mr. Gaian said he wished to comment on the tennis court use for lessons, whereby residents reserve the courts and hire a non-resident professional to give lessons to children. It was ­his recommendation that if the court, built for use of residents, is reserved for several hours a week for lessons by a non-resident for which money is charged, part of the fee should be given to the City. Councilwoman Le Conte said a public hearing would open matters of that type to discussion. Mrs. Joan Saffo asked what effect adoption of rules regulating commercial activities would have on the private status of the City. The City Attorney said there is a risk of pressure from outside the City for use of whatever facilities are available. If the tennis courts are made available for certain members of the public and not others, there is a possibility that litigation could result that would be unfavorable for the City. It would be the burden of the plaintiff to show that there was time available that was not being used, and the plaintiff was being discriminated against in being denied use of the facility. Councilman Rose said that at present the City leases the riding ring to Caballeros, and Caballeros hires professionals to give clinics, which is legal and of no risk. If the City leases the tennis courts to the Association and the Tennis Club hires a professional to give lessons to residents, that activity should also be legal and of no risk. Ins- truction.should be limited to residents, Councilman Rose said, and should not be available to the public. Councilman Rose moved to amend the motion to require that the City Council adopt a phil.osoyhy which should be forwarded to the Planning Commission with the report, which, philoso- phy should be used as a guideline. The motion to amend was seconded by Councilman Crocker and carried by the following roll call -'vote: AYES: Councilmen Crocker, Rose, Mayor Battaglia NOES: Councilwoman Le Conte ABSENT: Councilman Heinsheimer Councilwoman Le Conte said it was her opinion that the Committee would be willing to adopt a philosophy at the Planning Commission level after a public hearing, after residents had been heard on the matter. Mayor Battaglia said the philosophy should be developed by the City Council, not by the Planning Commission, and should be implemented by input at the Public Hearing. The City Attorney said Declaration No. 150 of the Rolling Hills Community Association specifies in Section I, Article I, what uses are prohibited; the only use districts are the Commercial -Limited (C -L) properties on which the City and Association offices and the tennis courts are located. The motion as amended to refer the matter to the Planning'Com- mission, together with a philosophy adopted by the Council, was carried by the following roll call vote: AYES: Councilmen Crocker, Le Conte, Rose NOES: Mayor Battaglia ABSENT: Councilman Heinsheimer -7- July 22, 1974 Mayor Battaglia asked that the record show that Mro--Ga-ian had commented on.a matter which he wished to clarify. The Mayor said he had recently leased property owned by him, through a realtor, to a party who used the property for commercial purposes. Repeated verbal and written requests to the lessee were unsuccessful in ending the violation, and the Mayor had to order that the persons wishing access to the property not be admitted at the gates, resulting in. termination of the lease. Councilman Rose volunteered to work with Councilwoman Le Conte in developing a philosophy on commercial use of private property. Coun- cilman Crocker said he had some thoughts that he would communicate in writing. Mayor Battaglia said all volunteers would be welcome. REQUEST FOR DOG KENNEL 658 Excerpts from the minutes of the meeting of the Board of Direc- tors on July 18, 1974 were presented to the Council. Mayor Battaglia explained that when Mr. Howard Jensen, 70 Portuguese Bend Road, purchased his home, he was misinformed about the type of activity that could be conducted, specifically with regard to the number of adult dogs he would be permitted to keep on the premises. Mr. Jensen was referred to the Board of Directors by the Architectural Committee of the Association for approval of a chain link dog run to be screened by a board fence painted white and was subsequently referred to the Council because he advised the Board that he plans to keep four or five adult dogs and some puppies. Although the Association has no regulations limiting the number of dogs, keeping more than three adult dogs constitutes a "kennel" and is in . violation of City ordinances. Letters from Thomas Gaian, 68 Portuguese Bend Road and Larry Kelly, 2 Pinto Road, advising that they had no ob- jections to the Jensens engaging in limited hobby dog breeding were presented to the Council. Mr. Jensen advised the Council that he had been advised by his realtor and by staff in the Administration Building that there was no limit on the number of animals, including dogs, allowed in the City. He explained that it is not his intention to board or maintain dogs for commercial purposes; his hobby is breeding and showing of Newfound- land dogs, with a maximum of one or two litters per year. Mr. Jensen advised the Council that he is not requesting a kennel license, or per- mission to keep more than four dogs in a clean and approved manner that would not bother his neighbors or create a nuisance. When questioned by Councilman Rose about the maximum number of dogs he would have at any time, Mr. Jensen. said he currently owns three adult dogs and three puppies; the maximum number he would expect to have at any one time would be eight or nine. Councilwoman Le Conte asked whether it is within the power of the Council to grant a variance or conditional use permit which would create a different and distinct zone. It would be necessary to amend the ordinance, rather than grant a variance or conditional use permit, Mr. Kinley said. Mrs. Velma Matthews, 11 Cinchring Road, said she is also a dog breeder, and has licensed five dogs in the City of Rolling Hills, and was told by the Animal control Officer that there was no restriction on the number of dogs in Rolling Hills as long as they were vaccinated ,and licensed. Some communities require licensing of dogs at six months, rather than four months, and Mrs. Matthews urged the Council to consider dogs six months of age adult dogs. Councilman Rose suggested that Mrs. Matthews submit her request in writing. Mrs. Betsy Raine said she knows of several residents who have more than four adult dogs, and feels that nothing should be done to prohibit Mr. Jensen from bringing the dogs in from his property in Pennsylvania. Mayor Battaglia said that in addition to violating an existing ordinance in permitting Mr. Jensen to bring in 1 July 22, 1974 more than the approved number of adult dogs, a resident in the area of Mr. Jensen's home has appeared before the Board of Directors to express an objection to the number of dogs proposed. The Mayor ordered the matter held on the agenda for further discussion later in the meeting. Councilwoman Le Conte said the matter would be reviewed by her committee in their continuing studies of commercial use of private property. NOTICE OF FILING OF APPLICATION FOR RATE INCREASE - EDISON 780 , Councilwoman Le Conte advised the Council that she had requested and received a copy of the Notice of Filing of Application for Rate In- crease by Southern California Edison Company. The request was based on increased fuel costs, decreased usage and loss of revenue, Councilwoman Le Conte said; however, a 67% increase in profits for the second quar- ter was recently announced, and Mrs. Le Conte said she wished to check with the utility before making a recommendation. PAYMENT OF BILLS 786 00 CITY OF ROLLING HILLS Q Councilman Crocker moved that Demands No. 3880 through 3902 with the exception of Demand No. 3895 be paid from the General Fund. The motion was seconded by Councilman Rose and carried by the follow- ing roll call vote: AYES: Councilmen Crocker, Le Conte, Rose, Mayor Battaglia NOES: None ABSENT: Councilman Heinsheimer MIRALESTE POOL Councilman Crocker moved that Demands No. 1107 through 1114 be paid from the Pool Fund. The motion was seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmen Crocker, Le Conte, Rose, Mayor Battaglia NOES: None ABSENT: Councilman Heinsheimer FINANCIAL STATEMENTS 790 Councilman Crocker moved that the Report of the City Treasurer for the month of June, 1974'and the Statement of Revenue and Expendi- tures for the Fiscal Year ending June 30, 1974 be approved and accepted. The motion was seconded by Councilman Rose and carried by the following - roll call vote: AYES: Councilmen NOES: None ABSENT: Councilman CITY -ATTORNEY ORDINANCE NO. 122 795 Crocker, Le Conte, Rose, Mayor Battaglia Heinsheimer The City Attorney said he had reviewed the ordinance introduced May 13, 1974, and had no recommendation for the Council. Councilwoman Le Conte moved that Ordinance No. 122 entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUESTING THE LOS ANGELES COUNTY BOARD OF SUPERVISORS TO HAVE CERTAIN TERRITORY WITHIN THE BOUND- ARIES OF THE CITY OF ROLLING HILLS INCLUDED WITHIN THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY be adopted, and that reading in full be waived. The motion was seconded by Councilman Rose and carried by the following roll call vote: July 22, 1974 AYES: Councilmen Crocker, Le Conte, Rose, Mayor Battaglia NOES: None ABSENT: Councilman Heinsheimer ORDINANCE NO. 125 828 Councilman Crocker moved that Ordinance No. 125 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS RELATING TO EMERGENCY ORGANIZATION AND FUNCTION'S be adopted, and that reading in full be waived. The motion.was seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmen Crocker, Le Conte, Rose, Mayor Battaglia NOES: None ABSENT: Councilman Heinsheimer GASOLINE PURCHASE AGREEMENT 843 The Manager presented a letter from the Chief Administrative Officer dated July 16, 1974, enclosing copies of the Gasoline Purchase Agreement for Fiscal 1974/75. A .motion to approve and accept the Agreement and authorize execution -by the Mayor, City Clerk and City Attorney was made by Coun- cilman Crocker, seconded by Councilwoman Le Conte and carried by,the 'following roll call vote: AYES: Councilmen Crocker, Le Conte, Rose, Mayor Battaglia NOES: None ABSENT: Councilman Heinsheimer L. A. COUNTY FIRE DEPARTMENT 846 A list of residents. who have failed to comply with the recently adopted Fire Code, Ordinance No. 83, was presented to the Council. The Manager reported that the residents have received two notices'from the Fire Department, and copies of the notices were sent to the City office when the residents failed to comply. The notices were given to Council- man Crocker to review, Mrs. Clifton said. Councilman Crocker said the next step is a conference with the District Attorney. The Manager reported that last year all but two residents complied with requirements for weed clearance, and the last two complied gust prior to scheduling of a conference with the District Attorney. Councilman Rose moved that letters be sent to all residents whose names had been presented to the Council, warning that if no fur- ther effort at compliance was made within a ten day period and notifi- cation of compliance received from the Fire Department, a conference with the District Attorney would be scheduled. The motion was seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmen Crocker, Le Conte, Rose, Mayor Battaglia NOES: None _ ABSENT: Councilman Heinsheimer 'SOILS ENGINEERING REPORT,AND GEOLOGIC REPORT 865 Mrs. Clifton presented copies of a Soils Engineering Review Sheet and Geologic Review Sheet, dated July 17, 1974, and a letter dated July 19, 1974 from Department of County Engineer, advising that the grading at #2 Poppy Trail had been approved from the standpoint of geology for the issuance of building permits, and that on the basis of information in the reports,. --Tentative Tract 32071, the Riding Ring, is geologically approved. -10- 1 July 22, 1974 Mrs. Clifton advised the Council that Mr. Robert Dunn, owner and developer of the property at 2 Poppy Trail was present at the meeting. Councilman Crocker asked whether the portion of Mr. Dunn's pro- perty which the City had offered to purchase for a riding ring was still available at the same price. Mr. Dunn said the offer was the same with recent c`ost'of living considerations added; he stated he required the same amount of spendable money as the original offer would provide. Councilman Crocker said the delay in proceeding with development of the ring and construction. of Mr. Dunn s home resulted from a geologic problem on the property, and the solution was between Mr. Dunn and his engineer, with approval of the Geology Division of the County Engineer. Councilman Crocker moved that discussion.of purchase of the property be tabled. The motion was seconded by Councilwoman Le Conte and carried by the following roll call vote: �• AYES: Councilmen Crocker, Le Conte, Rose �0 NOES: Mayor Battaglia +--� ABSENT:- Councilman Heinsheimer Q Mr. Dunn asked the Council to rescind the moratorium on his building permit and grant him permission to proceed with construction .of his home on Lot 2. Councilman Crocker said that additional funds should not be spent by the City for the ring, and unless the ring pro- perty is available to the City at the original price, it was his opinion that the moratorium on the building permit should remain in effect. Councilman Rose said he did not realize that he was voting on extension of the moratorium when he voted to table the discussion regarding pur- chase of the property, and moved that the matter be reconsidered. The motion died for lack of a second, and the matter was held on the agenda. Councilman Crocker said the budget allowed for purchase of the ring at $20,000, with a limited amount for development, and it was his opinion that the budget did not allow much flexibility to cover:.costs which -were not the City's responsibility. Councilman Rose asked that the.record show that he was in favor of a satellite ring that would serve more people. Mayor Battaglia said he wished to state for the record that he was opposed to the type of development Mr..Dunn had done in other sections of the City, and would be opposed to any further development of property by Mr. Dunn. SCRTD INDEPENDENT CONSULTANT SERVICES 903 Mrs. Clifton presented a letter dated July 19, 1974 from George Brewster,.Councilman for�.Torrance, regarding an agenda item the SCRTD Board regarding the Southern California Rapid Transit Inde pendent Consultant Services. Mrs. Clifton also presented a letter from -Rolling Hills Estates enclosing a proposed joint resolution of cities on the Peninsula. Mr. Harry Peacock, City Manager of Rolling Hills Estates, asked that the City of Rolling Hills join with the other cities in passing the resolution. Mayor Battaglia asked whether there was an urgency, and Mrs. Clifton said she had been told by Mr. George Brewster that timing was not a problem. The Mayor referred the matter to Councilwoman Le Conte for review and a recommendation. RELOCATION OF FENCES AND RELEASE OF_BOND11.11CINCHRINO ROAD 912 Mrs. Clifton reported that as a condition of subdivision Mr. Cecil Shaver, former owner of property at 11 Cinchring Road was required to -post a bond for relocation of fences on the property, which he sold to Mrso Velma Matthews. -11- July 22, 1974 Mrs. Matthews submitted a recent estimate for the work. Mr. Shaver had sent a check drawn in favor of Mrs. Matthews in the amount of $288.00 for 120 feet of fencing at $2.40 a foot, and had authorized the City Mana- ger to deliver the check to Mrs. Matthews after the bond was released. A motion to authorize release of the bond to Mr. Shaver was made by Councilman Rose, seconded by Councilwoman Le Conte and carried by the following roll call vote: AYES: Councilmen Crocker, Le Conte, Rose, Mayor Battaglia NOES: None ABSENT: Councilman Heinsheimer PERSONAL APPEARANCE, CLIFFORD HITCHCOCK 935 Mr. Clifford Hitchcock, 77 Eastfield Drive, advised the Council that he wished clarification on procedures regarding release of inform- ation about residents by Security Officers. Mayor Battaglia advised Mr. Hitchcock that information regarding Community Association matters were properly handled in the Association, and referred him to the Board of Directors. SUBDIVISION REQUIREMENT STUDY 925 Excerpts from the minutes of the meeting of the Planning Commission on July 16, 1974 were presented to the Council. Mayor Battaglia directed that all correspondence and excerpts from the Planning Commission be re- viewed first by Councilman Crocker, Planning Commission liaison, and ordered the matter held on the agenda. PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT 1144 Mrs. Clifton presented a copy of a letter dated July 16, 1974 from Eleanor Curry, President of the Board of Education, Palos Verdes Peninsula Unified School District. Mrs. Curry stated that Mrs. Clifton had asked her to contact Mayor Battaglia, and she had been unable to reach him by telephone. In response to the request by the City Council that a meeting be scheduled with the Board of Education, Mrs. Curry advised that the practice of the Board is to refer concerns of day to day matters, as opposed to policy matters, to the Administration, and she had asked Dr. Claude Norcross, superintendent of schools, to meet with the City Manager. Further, she suggested that an ad hoc committee of the two members of the Board of Education meet with a similar committee of the Rolling Hills City Council. Mayor Battaglia said that the suggestion is unsatisfactory to him; it is his intention for the City Council to meet with the School Board, and said he would write a letter so advising the Board. RESOLUTION NO. 316 - PHILOSOPHY OF THE BUDGET Councilman Crocker moved that Resolution No. 316 entitled A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA PRO- VIDING FOR FUNCTIONS AND SERVICES FOR RESIDENTS OF SAID CITY AND FOR THE FINANCING THEREOF be adopted, and that reading in full be waived. The motion was seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmen Crocker, Le Conte, Rose, Mayor Battaglia NOES: None ABSENT: Councilman Heinsheimer -12- July 22, 1974 FLOOD CONTROL DISTRICT 1225 Mayor Battaglia reopened discussionof project allocations for the Flood Control District, deferred earlier in the meeting. A'motion to approve Line B on Middleridge Lane South and the related expenditure in the amount of $3,508 was made by Councilman Rose, seconded by Councilwoman Le Conte and carried by the following roll call vote: AYES: Councilmen Crocker, Le Conte, Rose, Mayor Battaglia NOES: None ABSENT: Councilman Heinsheimer NUMBER OF DOGS PERMITTED - HOWARD JENSEN 1230 Mayor Battaglia advised the Council that, in view of Counsel's tr advice that the City Council had no legal basis for approving Mr. Howard. X Jensen's request that he be permitted to keep more than four adult dogs on his property, he is issuing a directive to the staff that the request ) is ;denied, and the gates are to be notified that the dogs are not to be admitted. The Mayor said it was his understanding that Mrs. Jensen is Q enroute from Pennsylvania with the dogs. Councilwoman Le Conte agreed that the dogs should not be admitted, or if admitted, should be removed from the property. Councilman Crocker suggested that Mr. Jensen be ad- vised of the Council's decision in a letter, and Mayor Battaglia asked the City Manager'to write a letter.. MATTERS FROM THE COUNCIL WEED ABATEMENT - COUNCILWOMAN LE CONTE 1288 Councilwoman Le Conte advised the Council that although she had made arrangements for a private contractor to take care of weed abatement on her property, members of the County Department of Agri- culture cleared her property on the day on which the private contractor was scheduled to work, and charges were put on her tax bill. Because the work by the County was done without notification to her, or per- mission from her, Councilwoman Le Conte asked that the Council take an action to prevent similar incidents with other residents. Mayor Battag- lia directed that the matter be placed on the agenda for discussion at a future meeting. OFFSHORE OIL DRILLING - MAYOR BATTAGLIA 1330 Mayor Battaglia presented a copy of a letter from Mayor Stephen A. Nordeck, Mayor of Manhattan Beach, enclosing a copy of a letter to the ?resident and a resolution of the City Council of Manhattan Beach expressing objection to proposed offshore oil drilling. Mayor Nordeck urged other affected cities to take similar action. A motion to adopt a resolution in substantially the same form as that adopted by Manhattan Beach was made by Councilman Rose, seconded -by Councilman Crocker. Councilwoman Le Conte advised the Council that she was unable to participate in the discussion or voting because of a conflict of interest. The motion was carried on the following roll call vote: AYES: Coumilmen Crocker, Rose, Mayor Battaglia NOES: None ABSENT: Councilman Heinsheimer -13- July 22, 1974 MATTERS FROM CITY OFFICERS,,- CITY MANAGER 1350 Mrs. Clifton advised the Council that she had scheduled her vacation during the weeks of July 29th and August 5th, and asked permission to be away from the City during that time. Permission was granted. :ADJOURNMENT 1366 There being no further business to come ,before-- the,: council, Mayor Battaglia adjourned the meeting at 11:15 P;kb APPROVED: Mayor -14- %::•.i. �'; +"�Y v'tm..�rn _��. .�+river-n'Y .._n.� � „`YfG`�Et�.y �C31ae=mac 0 I.,