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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 -3- !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