9/10/1974MINUTES OF THE
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
;September 10., 1974
regular meeting of the City Council was called to order by
�or:..Battaglia; at 70,30:PeM. Monday, September" 10, 1974 at the
Administration Building,' 2,Portuguese Bend Road,'. Rolling -Hills, Cali-
fornia:o
ROLL _ CALL w
Presnto..... Councimen Crocker, Le'Conte, Rose,
t:.'f.. Mayor Battaglia
Q,bsent a Mayor. pro tem Heinsheimer
JO Also Preseh o Teena Clifton City Manager
r"
L�
William Kinley
Peggy Minor
Dwight Oliver
Dr/Ms. A. Zimmerman
Mr/Ms . Edmond, Doak.
Mr/Ms. Howard. Jensen
-Mrs. Donald Tompkins
Melissa "Tompkins
Mr. F. W. Woodbridge.
Mr. Ray Sinclair
Ms. Georgia Ferderber
Ms. Philip Battaglia &
children
Mrs. Emily Schleissner
Ms. Velma Matthews
Pixie Breitenstein
Mr/Ms. George Partridge
Paul Mitchell
Chief Paul Schneider
Christina Brittan
1974/75 FISCAL YEAR BUDGET)
City Attorney
Secretary
Daily Breeze
Reporter
Residents
w
li•
II
11
11
11
11
Palos Verdes Estates
Fire' Chief
Rolling Hills E9ta'e.' 6,
The Mayor opened the meeting with a statement concerning discussions
and actions taken by the City Council at its meeting on August 26, 1974.;
stating that at the time he left for his vacation, after three months
of work with Councilman Crocker, and the Finance Officer, and the
Treasurer, Doug Rogers, appointed due to his financial background with
Arthur Young & Company, believed that a fair budget and tax rate had
been established for the City and that .for"the first time there had
been an attempt to look at the interworkings of the City and the
Community Association so that the cash flow peaks and valleys of the
City and Association could dovetail to try and get the most for the
money.
Mayor Battaglia said he was shocked to see, upon his return, a
headline in the newspaper that the City of•Rollitig Hills had taken
action in reducing its tax rate and to read of the proposals presented
September 10, 1974
by Councilman Heinsheimer since he had been absent from. all
Council meetings when hours were spent discussing the matters�.,and.,the,
Committee meetingswhere representatives of the City and Assoc .fit. _i
and the Manager. 17�ad V tspent many hours working on the Budget; H-,e,*,4u.rth6:r
stated to at' hebecame very disturbed and 'concerned. that the', ' he, OWICIV",
could` take action tentatively to establish A;tax, rate, and be so" r"ea-dy
to undo the work that ha`d' been done'by- -Go-uncilnfan -, Crocker and the
y
Trea'sure'r,, Doug Rogers. Mayor Battaglia stated that he had,d_is!bI.Iuss-d.-,d
the action'with the Treasurer, many other residents and the Gi,�-y',--
rq the concl'sion that basically,
cally, the.,ac:tion
,-,
Marag6r, and had come to u
taken byth"'&" 'City Council was nothing more than "flsdal.- gimm3"ck.4r-�,_'Y,',,,
because chile: the tity was -able to 'reduce the tax* iqAt..e j: a
COTr e, sCo ing rat
e irq&as6 was necessary in the lAs',so iat'ien-. lB
ud-k t
,teoiishave W6 beeb iaVed:'anythi g and the City har& caused �
an ,
P ,Oh. f 6w'; pro projection so that the City will have, okr&W� NPI
J
f tto borrow.
'a s p �r ly will the As's6cia-tion .'
Mayor" 'BattagItA "stdted he had contemplated vario,u-s ac,tI_IoIffi6
;that
J``b, &-taken reopening the discussion and reconsideration
W, c
th established' August 26, 1974, but he had come to the
conclL,i#'i8n'`that if the budget can be circulated at least four weeks
ahead.6.1f time next year,
ear, and a Councilman, because of orivate commit-
ments,'
ommit-
ments, attempts to undo what has been a careful deliberation of a
number of members over a prolonged period time, he should summarily
be ruled out of order.
M6L. Le Conte stated that all of this came about due to the
rapidiiy'in which the Council had to consider the budget�and the lack
of time'Jor 'Consideration before the tentative budget was approved,
and secondly, it was a tentative budget subject to change iat;any--_t%,m.e
prior to it's' final. adoption; and thirdly, the action taken by, ,the'City
was to decrease the reserve and in no way should place extra responsi-
bilities on the Association.
Mayor stated that Councilwoman Le Conte was incorrect
n concerning the burAen placedon the Association and
he w o u IA :'r e f d * r' Jier'to the City Treasurer since he has far more back-
, !
expertise -in making the explanation., The Mayor. ex"pgea
back-
ground a ed
,regret' t 'the, meeting hg't' Mr. klogers was unable to �ot ing aid, th.he.,
had di-'sic'Lis's.b'd with him in detail his 'concerns regarding tM OLX,
action.
Councilman Crocker stated that generAIly Mrs'.- Le tnitq. ante -
mems V b r4 ao r r e c t as the "a mb;'U' 'n" t of 'a 'i 6 a '8 6 n a h le, r ep! ia r --V.- 6. fli, ft" 6
be ,m"aIn'ta7'ind°d 'by the City is a Jkudgjn4:calll,- Idst
the end of the year was� approximately; :$16-1-0.06.;71th gh6 'r . e 8 o- v.el -
the pribt ye'ar'uin excess of $100,000and '.
t -q,Ulesf ion V as
as to wh'a' 'a reasonable amount 'should be. and 14 tier. the long 'di cuss336n:,.
the Council had agreed that the City should maintain a leve-]: of
approxiL)'"" " $40,000.00 but instead of attempting to raise $46,000.00'
i�ately
in one year the ,City had elected to provide $20,000.00 at the efid
o this-year;,
;3 0 , 0 0 0 .00 at the next, and $40,000.00 maintained there®.
t �, r, yeai i - f, I
after. �R6 emphasized that other propo'gals made by Councilman Hein—
Ji_111104J�I,� �rl, dintial responsibility t
sheimO. t�.,at would have shifted subst o the
-2-
1
I.
September 10, 1974
Association had not been approved with smaller changes made in cost
allocations but this should not have caused an Association tax rate
increase.
The�Mayor stated that it was his understanding from discussion
with Mr. Rogers that,if the reserve had remained at $40,000.00, and in
consideration with the manner in which tax.monies flow into the City,
the contemplated purchase of the maintenance facility from the
Association this year and cash flow projections, and the lack of these
funds caused the Association to increase its tax rate.
Councilman Rose stated that the budget proposals had been con-
sidered very carefully and after transferring approximately $104,000.00
to the Association, the City Budget was still 40% higher than the
previous year and . in view of inflation in the country, the Council felt
�p it had.an obligation to tighten expenses. Mr. Rose further stated
�--� that he realized that the Mayor had a difficulty in that he was also
a member of the Board of Directors of the Community Association and
Q
had -to consider.the matter.from both sides and this placed the Mayor
in a unfortunate poisition. He emphasized that he believed budget
decisions made were responsible and that the City should'be very -
frugal over the next year with every decision made acr.efully, and,
hopefully, the reserve would be enough.
APPROVAL .OF MINUTES 66
The Manager explained that due to length of minutes, they had
not been ready for the meeting. Mrs. Le Conte moved that minutes.be
deferred to the next meeting. Mr. Rose seconded the motion which was
carried:-jby the following roll call vote:
AYES: Councilmen Crocker, Le Conte, Rose, Mayor
Battaglia.
NOES: None
ABSENT, Councilman Heinsheimer
The'Mayor`ordered the matter held on the agenda.
PUBLIC HEARING FOR PURPOSE OF CONSIDERING AMENDMENT TO
ORDINANCE 33 ,' ARTICLE .II'Ir. SECTION 3.02 TO CHANGE THE
REQUIRED NETAREA INRAS-1 ZONE AND RAS -2 ZONE, AND TO,:_-..
ADD TO SAID_ SECTION_.A DEFINITION OF NET AREA 71
Councilwoman Le Conte stated that the matter has been rescheduled
to October 14th and requested that the matter be removed from the
agenda until that time. The Mayor requested that a notice be sent
soon to all property owners advising that the public hearing had been
rescheduled to that time.
CORRESPONDENCE FROM BOARD OF DIRECTORS OF
COMMUNITY ASSOCIATION RE ROOFING MATERIALS 78
The Mayor received for the record a letter dated September 6,
1974 from Joan W. Saffo, President of the Board of Directors, Rolling
Hills Community Association, requesting that the City Council review
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!471
September 10, 1974
Ordinance Noo,,117 concerning the requirement that all buildings in
Rolling Hills have. a fire retardant roof since a hardship is being
placed on older homes needing reroofing due to the difficulty in
i.pding fire retardant materials that are esthetically acceptable
and.compatible with Rolling Hills architecture, The Board had re-
ferred the matter.to the .Architectural Committee.for study and
after months of study, the Committee.does not recommend approving
the asphaltic, composition type roofing and had suggested that in
the case of reroofing existing homes and remodeling causing entire
roof replacement when the area is over 25%, the City Council recon-
sider its Ordinance and permit property owners to use regular
wooden shingles unless the property owner desires to use a fire
retardant material approved by the Committee.
Councilman Crocker stated that he had requested Los Angeles
County Fire Chief Paul Schneider to attend the xe�tting to comment on
the matter..
Chigef,.S.chneider stated that the Fire Department does not like
wood shingle roofs as they are a primary source of spreading fires
and while he realized that reroofing with fire retardant materials
is difficult since stronger braces and rafters are sometimes necessary
and esthe.ti.cally, some of the fire retardant materials are not
attractive. Councilwoman Le.Conte asked Chief Schneider if the use
of fire retardant roofs actually had held down fire danger, anci'..he
rpoerted that Stanford Research Institute date reports that firebrand
fires could be cut 85% if,roofs are fire retardant; their date being
compiled:_on'all fires in California since 1956°
,h
Councilman Crocker asked Chief Schneider to comment on conditions
of the June 19,73 --fire with conditions that could have existed with a
santana wind condition and the Chief stated that with this type of
fire, winds are sometimes 75 or 80 miles per hour;that have lasted
for nine or ten.days producing very drying conditions.
Mrs. Donald Tompkins, 11 Saddleback Road, stated that her
roof is in very bad condition; the structure is such that"the heavy
concrete shakes cannot be used and the selection of approved materials
is very limited and very expensive; -that they had a small portion
of asphaltic roofing materials placed in a section of the garage for
viewing and it.:.had not beers approved
In answer to a question, the Manager explained that the lighter
weight mat6rials that can be used on existing homes are expensive
since the old roofs must.be removed, solid sheathing covered with
tar -paper, which creates a waterproof membrane, then the roofing
material is installed which protects the membrane,
Mayor Battaglia reviewed deliberations and discussions held by
the Board of Directors and the Architectural Committee over the past
year, stating that the basic problem is that fire retardant asphalt
roofs that are not costwise prohibitive, are not esthetically
attractive.
Councilman Crocker stated that fire retardant materials can be
placed over existing shingle roofs, thereby recycling existing roofs
-4
Im
September 10, 1974
by using it`as insulation. He further stated the cost is minimal
compared` tol';ripping off the roof and reroofing with an expensive..slate`;r" a' }°
or asbestos'.f ile'that has been approved by the ArchitecturaL.Committee
but is very fragile and breaks easily. He suggested that an asphalt
roofing such as advertised in Sunset magazine would be esthetically
acceptable as.a,_f ire retardant roof while.,providing a shadowline. He
presented .a. sample of.,:bwor materials. for..cohsidetatioh-`.' Following dig-
cussion,,the Mayor`adjo-urned the meeting briefly to permit viewing of
add # ional'roof ing samples on display. The meeting was reconvened
at 9:00 P;'M. and.following the discussion, Mr. Crocker moved that
based upon information now before the Council, the current Ordinance.
No. 117 not be modified and the Council request the Community
.Association to reconsider its position and select the most attractive'
asphalt the material available and .permit the Tompkins family or
some other resident who.is willing to immediately reroof so that an
example may be .available for everyone to view and then re-evaluate
the position taken in'the past with respect to asphalt tile not being
a satisfactory material for use in.Rolling Hills. Mr. Rose seconded
t1; the motion for purposes of discussion.
Councilman Crocker stated that he had discussed the matter with
Mrs. -Joan Saffo, President of the Board of Directors, and she had
agreed to accept the proposal and place the matter again before the
Association Board for discussion. Councilman -Crocker further.stated
that with so many requests concerning reroofing and objections, to the
fragile asbestos materials as to costs as well as appearance, it would ,
appear that the issue of esthetics must be compromised with regard for
public safety to accomplish the objective that all are interested in .
which .is to maintain attractive roofs° which do not disrupt peopl'e's
views_. Councilwoman Le Conte and Councilman Rose both expressed rel'uc-<
_11 tan'c'e to remove the fire retardant roof requirements inc luded in' the
Oro a' nce< The roll call vote in favor of the motion was as' follows:
AYES: Councilmen Crocker, Le Conte, Rose,, ;
Mayor Battaglia
NOES: None
ABSENT: Councilman Heinsheimer
The Mayor suggested that interested Councilmen and,. res. dents atteY►0 '
the evening meeting of the Community Association on Se.p:tember 119th too .
further discuss the matter.
PARAMEDIC RESCUE SQUAD - FIRE STATION:106 181
The Manager presented a communication from the Los. Angeles County
Fire Department announcing that a_ newv County; Fire Department paramedic
rescue squad, serving the Palos Verdes Peninsula,. is now in service
at Fire Station 106 in the Peninsula Shopping Center; said unit
staffdd by highly trained "mobile intensive care" paramedic firemen,':;
and th&"unit carries the most modern emergency medical equipment to•,
provid&"an "emergency hospital on wheels".
The. Manager "s'tated tha.t. the: vehiclo, also .is. unique -that ;it cAr"Vie
fire hose -and has a tank and, .pump �tha.t .would be available.: .for. use. oii
gras.s..and. brush -fires as an'.additional fire-fighting•.resQ.4rce.
September 10, 1974
Chief Schneider reported that previously, Rescue Squad 6 responded
into-Penins.ula communities from Lomita which will also respond when
Squad 106 is unaysil,able,,'due':to,!::an emergency.
Councilman.Crocker asked.Chief.Schneider to clarify differences
in opinion between the Fire Department and Los Angeles County Foresters
in opinion,; regarding use,_of.,canypns,,and trails .in defense of brush .fires...
Chief Schneider�stated;that.`;in canyo.m areas, fire defense is best main
twined from the roads since equipment and..men could easily be trapped
in the canyons. Following discussion,.Mr. Crocker asked if a
recommendation could be:.made by the fire department as to particular
trails that could be maintained for use in a fire emergency.
CORRESPONDENCE -:SAN PEDRO & PENINSULA.HOSPITAL )
DESIGNATION AS BASE FACILITY.FOR MOBILE PARAMEDICS ) 238
The -Council.. received a letter dated August 16, 1974 from Leslie R.
Smith; Executive.Director of San Pedro and Peninsula Hospital reque:sting.
designation as a base facility for the..mobile paramedic program.
Chief Schneider stated that the.base station hospital is Little
Company of Mary in Torrance, and their special two-way radio telemetry
permits them to be in constant communication with a doctor or nurse
at the.hospita.l,; other hospitals have requested designation as the
base but as there are no more channels available and a physical
impossibility to.do so. The Chief further stated-Lthat patients will
betaken to the nearest.hospital in any case.
The Mayor ordered the letter for file and expressed appreciation
to Chief Schneider for attending the Council meeting.
911 EMERGENCY. =TELEPHONE PROGRAM
001
Councilman Rose stated that he had met with General Telephone
officials for a presentation of the 911 Emergency Program which is
basically a nationwide program concept to handle any type of emergency
from a central location that would directly connect the person.dialing.
with the co-rrect facility with an estimated time lapse of 10 seconds
from the time the number rings., to the time connection is made w.i'th' tie
correct facility; the Rolling Hills area center would be located: ire
Carson.
Fire Chief Paul Schneider stated that plans have to be subm.t:t.ted
by January 1, 1975 for development of the system and fully operational
some..time after that. 'Mr. Rose said that the plan will become
operational by various stages, and he believed the total system would
be operational'by 1982.
DOGS AT HOWARD JENSEN RESIDENCE ;r, 253
The Mayor received for the record correspondence from various
re$idents in the Flying Triangle area expressing objection to a poss.ibld
commercial activity in the keeping of dogs and noise caused by 'the dogs:
Letter dated September 2nd from Mr. and Mrs..Harry C. Andrews, letter
dated September 10,,1974 from -Beverly Menze, 63 Portuguese Bend Road,
2'` 1 b
September 10, 1974
left-fr dated September 7, 1974 signed by Mrs. Lucy Agid, Mr. and.Mrs.
Edmond Doak, Thomas R. '.Gaian and Mr. and Mrs. Kenneth Watts, letter
dated September 3, 1974 from Grace Nixon and a petition signed by 35
.othef City residents requesting that the existing Ordinance limiting
the number-of'adult dogs to not more than three per single family
residence be strictly enforced.
Mayor Battaglia stated that due to the number of letters and
peti�ions received and concern expressed by.a number of residents,
although the notice was very short, he had requested the City Manager
to contact Mr. -and Mrs.'Howard Jensen, 70 Portuguese Bend Road, and
ask -if they could attend the meeting in order to discuss the matter
e
since the complaints were directed toward their residence.
Mayor Battaglia requested the City Attorney to explain the
X
Xprovisions of the Ordinance controlling keeping of dogs. Mr. William
KinIp' y"stated that Ordinance 79 prohibits the operation of a kennel
`-Z and defines a kennel as an institution or structure having four or
more dogs over"the age of four months.
Mayor Battaglia asked Mr. Jensen if he had comments to make
regarding the letters and petitions received. Mr. Jensen said that due
to lateness in receiving information that the matter wuuid be on the
agenda, his attorney was not able to attend and asked that the matter
be deferred until he could be present. The Mayor stated he would hold
the 'matter on the agenda. Mr. Jensen further stated that he was a new
resident, had received permission to build a dog fence and requested
perm.ssionfrom the City Council to keep more than the legal number of
dogs.°subsequent to that, he now had three adult Newfoundland dogs and
three puppies occupying his dog -run adjacent to their bedroom and have
restrained them from barkin gyin "the <everiin_g -axad as .rmuch a'as ;.po's's.ible
during the day; although they had not always been able to live up to
these restraints due to activities in the peighborhood such as horses
gett-.ng out .and .disturbing the dogs. Mr. Jensen .further stated that
he is in the process of placing the puppies in a show home since the
purpAse of keeping .the dogs is not a commercial activity as they are
not.' bueiness..lto make money., but it is a hobby to show the dogs, and
in their 'seven year history of showing dogs, had raised only three
litt�rso
Mr. Jensen stated that plans for the future are to maintain 1 --heir
show stock which consists of three adults; one vety old, and hcpef-ul.1y,
to raise another dog that shows promise with method of disposing of
the.dogs through National dog sales - - place an advertisement in a
dog Publication, and continue working with the blind since the dogs
have been very successful in this regard. He further stated that they
intended to maintain the strictest health standards, cleaning the pens
twig a day, and maintain a policy of restraining them from barking.
They do not intend to engage in 4py connnerical activity within Rolling
Hills as most of the showing occurs outside their residence.
'Mr. Jensen asked the Council to cons-ider an amendment to the
Zoning Ordinance setting Ftp a zoning variance where a person interested
in maittaining more than the legal number of dogs is allowed to
maintain the dogs.under a number of conditions: Double locked pens
®'7
September 10, 1974
where pens are placed inside a dog yard, maintaining sanitary condi-
tions, restrain barking between the hours of 10:00 P.M. and 6:00 A.M.,
and to refrain from commercial activities within the gates. The Mayor
thanked Mr. Jensen for his comments and asked if other persons would
care to make specific or general comments regarding the matter.
Dr. Arthur Zimmerman, 12 Cinchring, stated that in walking around
Rolling Hills, there seemed to be a lot of dogs but nobody seems to
take care of them and in his own particular case, his family has been
kept awake several nights because of barking and one of his neighbors
has two dobermans that are vicious animals and eventually, it,appear:s,
that the City will probably have to have a leash law.
Mr. George Partridge, 69 Portuguese Bend Road, stated that he
would be opposed to any deviation from any regulation that we now have
with regard to this subject, and although some of the intentions of
people who raise dogs are nice and mean well, and, no doubt Mr.
Jensen means well; however, when the Jensens are not home the noise
is pretty bad and he,wanted peace and quiet. Mr. Partridge said that
Rolling Hills is the most unique and desirable area in the United States
and does not want anything changed.
Councilwoman Le Conte stated that the difficulty dolpears to be
in enforcement of the Ordinance. The City Attbrney .c'oncurred, :.,stating
that eriforcement'procedures are'to go through the Los Angeles County
' Pound' and` the City has never had occasion to ask the pound ,tit. enforce
the Ordinance due to commer(zial activity with relation to dog. kennels
and he was uncertain as to how fast they would operate or what:the
result would be.
Mayor Battaglia quoted Ordinance No -33j Section 3.06 provides
"It is hereby declared to be a Lnursance: to keep, maintain or permit
upon any lot or parcel of land within the City of Rolling Hills under
his control, any animal or animals, including any fowl, which by any
frequent or repetitive continuous sound and cry shall disturb the
peace and comfort of the neighborhood or interfere with any person in
the reasonable and comfortable enjoyment of life or property".
Mrs. Emily Schleissner, 77 Crest Road Bast, stated that she was
surprised to hear that residents are not allowed to have more than
three dogs since they now own four dogs; however, 'they do not keep theme
for business, only because her husband is good-hearted. She reported,
that her neighbors have four dogs that bark, destroy her p.roppr.ty.and- t,
she'did not know *chat the solution would be except to go to court.°
Councilman Crocker stated that the letters and. petitions ref:lect-
the general feeling of the community to retain the community a -s V- sz
and to enforce the Ordinance. Mr. Crocker stated that he'. -1,&s.-,#1 the,--',.
Cinchring and Spur Lane area and fifteen dogs visit him with only a.
couple still trying to bite him.
The Mayor stated that in cpnsideration of comments made by
residents, the City has followed a fairly liberal policy with regard
to dogs and over the past few years, when leash laws were proposed,
they have been met with vigorous opposition. Mayor Battaglia spoke
for the Council, stating that the feeling and spirit is that existing
-8-
iJ
September 10, 1974
regulations be rigidly enforced since they are not unduly burdensome
and suggested that Mr. Jensen and his attorney discuss the matter with
the City Attorney to arrive at an equitable solution so that further
action"is;-unnecessary, or he would be welcome to attend the next
City Council meeting, and ordered the matter held on the agenda.
CITY:MANAGER _ ACTION ITEMS
The Manager reported that the League of California Cities 76th
Annual Conference is scheduled in Los Angeles on October 20-23, 19740
Councilwoman Le Conte stated that she iiitended•to attend the conference
and requested the Manager to make the reservation. The Mayor noted
that if Councilmen have not previously attended a League Conference,
it would be a good opportunity to attend some of the meetings of
interest.
CITY OF BELLFLOWER ® RESOLUTION PERTAINING TO 559
STATE EMPLOYEE RETIREMENT SYSTEM FOR STATE
I �ISIATORS_wff ARE NO LONGER SERVING DUE TO LOSS
OF.ELECTION OR APPORTIONWI NT
Following discussion Councilwoman Le Conte suggested receiving
the resolution for the file with no further action taken at this time,
The. Mayor so ordered o
CITY'MANAGER ITEMS HELD OVER
PALOS VERDES.UNIFIED SCHOOL DISTRICT
500
The Council discussed the letter from Eleanor Curry, President
of the ,.Board of Education, which had been held on the agenda
a meeting,of,the.:City Council and members of the Board. Following
discussion, Mrs. Le. Conte suggested holding the matter on the agenda
pending further discussion with Mrs. Curry, The Mayor concurred,
stating that if a meeting cannot be arranged, directly with the Board,
he will appoint a.committee to meet with the.Boardes committee,
COYOTES ON JOHNS CANYON ROAD
565
The Council reviewed discussions relating to the attempts made
by .the Shultz family on Johns Canyon Road to capture the wild half-,
breed.coyote/dogs which has been unsuccessful due to the continued
feeding of the animals by.the Kuhne family. The Mayor requested the
City Attorney toinvestigate the trapping possibilities with Mr.
Shultz, and, if necessary, hire a professional to humanely capture
the animals.;,.
Mr. Kinley reported that he had written two letters to Mr. and
Mrs Kuhn'e,, the last of which stated that they were in violation of
the City Ordinances in maintaining more than three dogs on the premises.
Following d'i'scussion, Mr. Crocker moved that the City file a complaint
with the' District Attorney under the Or6 ina,nrce o Mrs. Le Conte seconded
the motion which was carried. by the following roll call vote:
:..AYES: Councilmen Crocker, Le Conte, Rose, Mayor
Battaglia
NOES: None
ABSENT: Councilman Heinsheimer
-9-
September 109 1974
the Mayer stated that he and Mr. Finley would follow up on the
m.acre:r
CITY OF I.NGLEWOOD LOS ANGELES REGIONAL
CR I T `��.� _ FE ST ICE FIANNING BOARD ® SAFE STREETS ACT 608.
Or-ifred head on the agenda pending further reports
CROCKER
1974 PARR BOND ACT - APPLICATION FOR STATE GRANT 610
Or dc. r f d a'-).e'id on the agenda
TRAFFIC S?,FF'_'' COMMIT s EE - RE VEST FOR RECOMMENDATION 611
A¢ 11 CIi,C14RUNa ROAD
Crocker reported that he had viewed the curve on
ClncbrJ.-ig .:.i and it appeared that if a car misjudged the curve it
could go ober the cliff into the Matthews' yard, and a regular
3arlil f:')�i -night be inadequate to provide necessary restraint.
FoIc.^� iiscsionCouncilman Crocker moved that the Council request
rof(;��-L.y-ial traffic safety personnel from Los Angeles County to advise
f ,bc r<e��rd cher curve as a hazard, and if so, request recommendations,
_.n a f:rr chc r c.o view ocher hazardous areas such as the drainage ditch
Crc—L E. c,, the blind curve on Southfield, and an area on Eastfield.
T_.= ;on was seconded by Councilman Rose and carried by the following
AYES° Councilman Crocker, U Conte, Rose, Mayor
Battaglia.
NOES none
AFSE,NT,� Councilman Heinsheimer
C 0MYMEV_ U15_,Fe'_ OF PROPERTY IN ROLLING HILLS 650
Le Conte said she had no additional information to
tnj requested that the matter be held on the agenda. The
S0" , H F, F:, C'.", I " ORN_XJA EDISON COM1_PANY 655
:i r ,roman le: Conte requested that the matter of the application
f x4 * x r ,.a c i =1c r eaue: by Southern California Edison Company be removed
f rc.r; r'x,t zi4c-nda until November when additional information should be
tti x i 1.a`r a + :'-,e Mayor so ordered
'' v;nt :x,::; -7 -an Le: Coote reported that she had been advised that a
11 ,K made by Southern California Edison Company on steps to
CJS rf_ct t-,r,problem of outages on Williamsburg Lane and Middleridge,
h -uld be improved so that outages will at least be
=-JuccJ(`..rc? lwo;an Le Conte said, and she said additional information
to the Council as it is received from the utility
_10-
September 10, 1974
With regard to the undergrounding on Portuguese Bend Road
south of Crest, Councilwoman Le Conte reported that the bids for
trenching have come in higher than anticipated, and asked the Manager
to comment. Mrs. Clifton said information and general conditions for
trenching had been provided several companies for bidding purposes; of
the five companies contacted, only two had responded. One firm, Tim
Doherty Company, advised the manager that they would be unable to
participate for at least three months, and another company, Lomita
Trenching, advised that they would be substantially higher than a
figure presented early in the year; the previous bid was $6600.00,
the manager said. Payment in the amount of $3706.06 has been made to
Southern California Edison for work done in connection with underground-
ing; payment of $2,821.00 will be made to General Telephone Company as
soon as their demand is presented, for a total of $6,527.00. Expendi-
tures of funds in the amount of $10,000.00 were authorized by the
Council and the balance of $3,472.94 is not sufficient for trenching,
Mrs. Clifton said. An alternate trenching method requiring additional
sand may be required if the natural material cannot be replaced in
the trench and would cost an additional $1.00 per lineal foot for
1200 feet,. or $1200.00. If the trenching totals $7800.00, the
deficit would $4,325.00, Mrs. Clifton said. Mayor Battaglia sug-
tn gested..that residents in the area might be contacted for participation
4
in the project, The Manager said Dr. and Mrs. Saffo have contributed
$400.;00 and, in answer to a question, she said she felt that others
in the area who will benefit from the improvement might be willing to
participate, if contacted.
Councilwoman Le Conte moved that the Manager be authorized to
explore the possibility of participation by private donation to build
up the monies available and report to the Council at the next meeting.
The motion was seconded by Councilman Rose and carried by the following
roll call vote: 1 . ... ,
AYES: Councilmen Crocker, Le Conte, Rose,
Mayor Battaglia -
NOES: None
ABSENT: Councilman Heinsheimer
Councilwoman Le Conte reported <that work is progressing on the
undergrounding project on Portuguese Bend Road north of Crest Road.
The Edison Company-ha•s. advised that an.,add:itio,nal .survey will be re.-.,.
quired, and -work will comme,nce_in--30-60 days. Mrs. C.lift,on reported
that Rolling Hulla-
s has ccumulated $13,-85.6.00. from. 196,8 t,o.. 197,4, under
Rule 20-A, and the project is estimated at $13,004.00, including the
survey, with a surplus of $852.00 to be applied to a new project.
Councilwoman rLe Conte- said, furthe-r -that -she has.. an. appointment to
meet with representatives of the utilities to discuss lines going into
Cinchring Road from Portuguese Bend Road, and would report on the
matter at the next meeting.
SOUTHERN CALIFORNIA GAS COMPANY, APPLICATION -N0. 55117 7.19.
Councilwoman Le Conte said she wished to take the application of
Southern California Gas Company for authority to increase revenues to
September 10, 1974
offset the effect of certain increased costs under advisement, and
would report to the Council when she has more information. The Mayor
ordered the matter held on the agenda.
PAYMENT OF BILLS 740
City of Rolling Hills
Councilman Crocker moved that Demands No. 3960 through 3998 be
paid from the General Fund. Councilman Rose seconded the motion, and
suggested that the Tennis Club be advised that $446.22 had been paid
by the City for installation of ight shields, and reimbursement is
expected as agreed when the.Club has sufficient funds. Mayor Battaglia
suggested that the Manager meet with representatives of the Tennis
Club to discuss problems of reservations, reimbursements, etc.
The motion to approve the demands was carried by the following
roll call vote:
AYES: Councilman Crocker, Le Conte, Rose,
Mayor Battaglia
NOES: None
ABSENT: Councilman Heinsheimer
Miraleste Pool
Councilman Crocker moved that Demands No. 1128 through 1134
be paid from the Pool Fund. The motion was seconded by Councilman Rose
and carried by the following roll call vote:
AYES: Councilman Crocker, Le Conte, Rose,
Mayor Battaglia
NOES: None
ABSENT: Councilman Heinsheimer
CITY ATTORNEY
AGREEMENT - SEISMIC STUDY
945
The City Attorney advised the Council that he had discussed the
Agreement for a Seismic Study with the City Attorney from Rancho Palos
Verdes, and had requested that the following changes be made in the
agreement!
Page 2, Paragraph 3. Lead Agency, Paragraph (a): Delete the
last.sentence: "Any joint liabilities of the Cities related to or
arising out of this Agreement shall be apportioned amongacities in
the proportions shown in Paragraph 4 (a)."
Mayor Battaglia said he agreed that Rolling Hills should not be
liable for damages in the other cities, and.would be willing to delete
and initial the section, but he still is reluctant to sign the
agreement because of the apportionment of charges, which he does not
consider acceptable. Councilman Crocker recommended that the check,
when paid, be made directly to Envicom, so that funds from Rolling
Hills do not become part of the cash flow of another city until the
-12-
L
1
September 10, 1974
payment is made to En.vicom, the contractor. Further, Councilman Crocker
said that on Page 4, Section 5. Independent Contractor, in the event of
liability', the section does not provide for cost of defense, and the
City should have the right to use its own selection of defense counsel.
This is a standard insurance provision in such agreements,,Councilman
°ocker said, since defense costs could far exceed liability. He
eked -that a..copy of the consultant's insurance policy be obtained,
id that the City, of Rolling Hills be named as one of the insured.
The City Attorney recommended that the following be inserted.
"Independent contractor to supply the City of Rolling Hills by'virtue
of report, a certificate of insurance indicating that the City of
Rolling Hills is insured for malpractice, and that the City of Rolling
Hills be included as one of the insureds."
Councilman Crocker" suggested that a map of existing hazards be
�prepared on the same scale as the City°s zone map, and used as an
,overlay by -the Planning Commission, City Council and, Community
"-ZAssoci.ation when considering subdivisions, modifications, etc, so that
Qknown hazards will be obvious.
The Manager said she doubted that such a map could be provided.
without an additional expenditure of funds, and Councilwoman Le Conte
said she concurred with Mrs. Clifton, since the proposed study would
not be precise enough to guarantee maps of the scale used by the city.
Following discussion Councilwoman Le Conte moved that the contract
between. the Cities of Rolling Hills, Rolling Hills Estates, Rancho Palos
i
�rdes and Envicom, as amended on page 2, Paragraph 3 and on page 4,
action 5 'be executed 'by the Mayor. The motion was seconded by
ounci.lman. Rose and carried 'by the following roll call voted
AYES. Councilmen Crocker, Le Conte, Rose,
Mayor Battaglia
NOES., None
ABSENT. Councilman H.einsheimer
AGREEMENT - CITY OF ROLLING HILLS/ROLLING HILLS COMMUNITY
ASS0CIATION FOR OPERATION OF GATES A.N'D_ GA"1'E MOUSES 1115
The City Attorney presented copies of an AGREEMENT TO CONTRIBUTE
THE SUM OF $26,136 FOR OPERATION OF GATES AND GATE HOUSES IN THE CITY
OF ROLLING HILLS to the Council.. Mr. Kinley said the agreement had
not been submitted in final form to -the Association prior to presenta-
tion. to -the Council.
Councilman Rose said he felt -the City and Association should be
separated, and said he would be willing to have the City contribute
2.5% only because of Traffic Safety for the City. Councilman Crocker
said 'there is conflict between the City and the Association about
asic rules, specifically control of the roads and entrances by the
ssociation and :Law enforcement and traffic safety provided by the
"ity; be suggested that differences should be arbitrated. For example,
Councilman Crocker said, if the Association does not permit non-residents,
including guests of residents, to enter on a motorcycle, and a number
of .residents come 'to a meeting to protest the ruling and ask for an
Z82
September 10, 1974
amicable decision, it should be possible to obtain a ruling without
animosity. Mayor Battaglia said relations between the City and
Association have always been amicable, and he doesn't agree with
recent representations of animosity between them.
Councilman Rose said he has reservations about the wording of
Paragraph 5 of the Agreement, and moved adoption of the agreement with
deletion of Paragraph 5 & 6. The motion was seconded by Councilman
Crocker and failed to carry on the following roll call votes
AYES'. Councilman Rose
NOES: Councilmen Crocker, Le Conte, Mayor Battaglia
ABSENT; Councilman Heinsheimer
Mayor Battaglia moved that Paragraph 7 be amended by addition to
Line 28 of "to the satisfaction of the City", and that the agreement
as amended 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
NOBS: None
ABSENT: Councilman Heinsheimer
Councilman Rose moved that Paragraph 5 be amended to include first
in line 8,. "With the consent of the City", ®® and that line 12 be
changed to read, "'be required, and in the event"---. The motion was.
seconded by Councilman Crocker and carried by the following roll call
vote,
AYES,. Councilmen Crocker, Le Conte, Rose
NOES. Mayor Battaglia
ABSENTo Councilman Heinsheimer
Councilman Crocker moved that the agreement be amended in
Paragraph 6 to provide for indemnification in the event the Association.
amends or modifies operation of its gate operation pursuant to a re-
quest of the City, and liability flow from that amended operation,
-the City would bear its share of the liability. The motion was
seconded by Mayor Battaglia and carried by the following roll call
vote,.
AYES: Councilmen Crocker, Le Conte, Rose,
Mayor Battaglia
NOBS., None
ABSENT., Councilman Heinsheimer
The Mayor suggested that the wording might be: "except for any
and all liability arising out of or in any way connected with a
change in operations, pursuant to direction of the City", and he
requested that the City Attorney incorporate the wording into the
agreement,. The motion was carried on the following roll call vote;
AY.CS,. Councilmen Crocker, Le Conte, Rose, Mayor
Battaglia
NOES,. None
ABS NT o Councilman Heinsheimer
-14®
1
September 10, 1974
Councilwoman .Le Conte moved that the agreement tts amended. in Para-
graphs .5, 6 and°7 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
ABSE-,NTT.-. Councilman Heinsheimer
CITY ATTORNEYa S FEE 1.4.70
Coini&ilwoman. Le Conte said the Council had not acted on the City
Attorney's request for a 6% increase for Fiscal. 1974/75. Councilman
Crocker moved that Mr. Rin.ley be granted a 6% increase, effective July
1, 1974° The motion. was seconded by Councilman Rose and carried by
L-Lhe following roll 'call vote-. AYES: Councilman Crocker, Le Conte,
X Rose, Mayor Battaglia
`- FOES: None
ABSENT: Councilman Heinsheimer
MDEPARTMENT OF COUNTY ENGINEER
Mayor Battaglia ordered the 19712-74 Biennial Engineering Report
of -the Department of County Engineer for the City of Rolling Hills
held on, the agenda.
MATTERS FROM THE COUNCIL
1480
"OPOSED BI ' CENTEn. UAL CELEBRATION - 1976
Mayor Battaglia ,said he had been appointed by Mayor Bear to
serve on the Committee for t'he proposed Bi -Centennial Celebration in
1976, and he though, it would be appropriate to appoint another member
of 'the Council. Councilman. Rose said he thought a Community -wide
celebration would be appropriate, and suggested that a committee of
two be appointed,,and said he would be willing to serve on the committee.
Councilwoman—'L6 Conte also volunteered to serve.
SOUTHBA.Y CORRIDOR -STUDY STEERING COMMITTEE
Councilwoman Le Conte said the South Bay
Committee had contacted each Councilman. to as
and only Councilman Rose has responded so far.
asked other members of -the Council. to respond
and said she would also do so.
CITY
SELECTION_ COMMITTEE_,m BOARD ELECTION
1530
Corridor Study Steering
k his ideas on the subject,
Councilwoman Le Conte
as soon as possible,
1538
Cou.ncilw'omaf Le Conte reported that -the City of Rolling Hills has
not had a Mayor Selection Committee Delegate or Alternate for the past
o years, and has not been represented in Rapid Transit District
srd Elections. It is customary to have the Mayor and Mayor pro tem
d she sugges''ted that Mayor Battaglia and Mayor pro tem Heinsheimer
be appointed. Mayor Battaglia said it has been his experience that
he and the''Mayor pro tem are often out of town at the same time, and
suggested that the Mayor and another Council member be appointed,
since it is a requirement that -the Mayor be appointed delegate,
-15-
September 10, 1974
Councilman Crocker moved that Mayor Battaglia be appointed delegate,
and Councilwoman, Le Conte be appointed alternate. The motion was
seconded by Councilman Rose and carried by the following roll call vote:
AYES Councilman
Battaglia
NOES. None
ABSENT,. Councilman
MODIFICATIONS OF REST ROOM FACILITIES
Crocker, Le Conte, Rose, Mayor
lie insheimer
1583
Councilman Rose reported that he had inspected the Men's Room
after modification to accommodate handicapped persons, and was satis-
fied with the changes except for the mirror modification. The Manager
reported that a full length mirror will be installed in both rest
rooms. Councilman Rose said hd had been advised that similar modifi-
cations had been made in the Ladies Room and he wished to thank the
Council.
RAPID TRAVSIT DISTRICT' 1588
Councilman Rose reported that on the invitation of Los Angeles
City Councilman Edelman he had appeared before their City Council for
their resolution putting the City of Los Angeles on record as
supporting the proposition that all new transit equipment bought would
have facilities for handicapped and disabled persons. After his
appearance the resolution was passed, rather than received and filed
as planned. At a recent SCAG Transportation Committee meeting
Councilman Rose reported that 25% of the populace are unable to use
the transperEavion facilities because of handicaps and disabilities,
bUL has not received any encouragement from that source.
MATTERS. FROM CITY OFFICERS
CURTISS SCARR, .42 PORTUGUESE BEND ROAD, ROOFING 1652
The Manager presented a letter dated August 22, 1974 from Mr.
CurLiSS S,, Scarritt, 42 Portuguese Bend Road., requesting that the
City Council waive the requirement for Class B shingle roof on the
total roof area of his home. Mr. Scarritt is remodeling his home,
and requested, further, that the areas which have been remodeled..and
the area of' the addition be allowed to be roofed with shake shingles
comparable to those on the rest of the house, which are in excellent
repair and will serve for a number of years.
Mr. ScarriLL stated that building costs have risen appreciably
since the suart of his building program and it would be a waste to
remove an adequate roof and replace it at great expense.
Councilman Crocker moved that the request be denied. The motion
was seconded 'by Councilman Rose and carried by the following roll
call vote-,
Av.ES,o Councilman Crocker, Le Conte, Rose
NTOES.- Mayor Battaglia
ABSENT'.- Councilman Heinsheimer
IA. -16-
September 1.0, 1974,
Councilwoman Le Conte suggested that the Manager advise Mro
8carritt- that other materials are being considered, and the
residents will be advised as new material are approved.
ADJOURNIMERr 1688
There being no further business to come before the Council,
the meeting was adjourned by the Mayor at 11057 P.M.
City Clerk
t_ APPROVEDo
JO
C=� Mayor
n