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2/10/19751 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA February 10, 1975 A regular meeting of the City Council was called to order by Mayor Heinsheimer at 7:30 P.M. Monday, February 10, 1975 at the Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL PRESENT: ALSO PRESENT! CORRECTION OF MINUTES Councilmembers Crocker, Le Conte, Rose Mayor Heinsheimer Teena Clifton William Kinley Douglas Rogers .lune Cunningham Mr. & Mrs. H. Aizpuru Dr. Barry Becker ,John. Downing Mr. & Mrs. R. Dunn Mrs. Joanne Gibbons Dr. & Mrs. H. Jensen Mrs. Mary Lean Larry Lean Mrs. Velma Matthews Dr. Godfrey Pernell Bruce Raine Mrs. Emily Schleissner Mrs. Pat Tischler Mrs. Adrienne Weiss Mrs. .Josephine Woodley City Manager City Attorney City Treasurer Secretary Residents ►► Mayor Heinsheimer asked the City Attorney to explain his recent research into the status of the City Council and its membership. Mr. Kinley said there are two problems, as set forth in the minutes of the meeting of February 3, 1975. In the first instance, Mr. Kinley said the action of the Council in appointing Dr. Godfrey Pernell to the Council to serve until March 1976 to fill the unexpired term of Philip Battaglia, who resigned, was proper; however, Section. 87202 of the Government Code which is a part of Proposition 9, Disclosure of Assets, requires that any appointee to the Council after the effective date of the Act must file a disclosure statement ten, days prior to assuming office. Section 36512 of the Government Code requires that an appointment to the Council must be made within 30 days of the occurrence of a vacancy. In this particular situation the two dates are inconsistent with each other, Mr. Kinley said, and it was his recommendation that the Council's action on February 3 of administering the oath of office to Dr. Pennell be vacated and that the appointment remain effective, with the oath of office and seating of Dr. Pernell as a Councilman scheduled for the next regular meeting of the City Council on February 24. Dr. Pernell filed his disclosure statement on. February 7, 1975. Councilman Crocker moved that the recommendation of the City Attorney be accepted by the Council and that Dr. Pernel.l's appointment to the Council on February 3, 1975 to fill the unexpired term of Councilman Philip Battaglia,.who resigned on January 6, 1975 remain effective, with. the oath of office and seating of the new Councilman to take place at the next regular meeting of the Council on February 24. The motion was seconded by Councilman, Rose and carried by the following roll call vote: AYES: Councilmembers Crocker, Le Conte, Rose, Mayor Heinsheiner 3G` February 10, 1975 Further, the City Attorney stated that Dr. Pernell's vote at the meeting of February 3 as recorded in the minutes was invalid, and he recommended that any items in which the vote was vital be presented to the Council for reconsideration. Councilwoman. Le Conte moved that Councilman Mason Rose be named Mayor pro tempore. The motion was seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmembers Crocker, Le Conte, Rose, Mayor Heinsheimer Mr. Kinley recommended that the minutes of the meeting of. Feb- ruary 3 be corrected as follows: in each instance where he is referred to as Councilman Pernell, the minutes be changed to Dr. Pernell, and his vote, if any, be stricken. Councilman Rose moved that the recom- mendations -of the City Attorney be accepted and that the records of the meeting be changed accordingly. The motion was seconded by Coun- cilman Crocker and carried by the following roll call vote: AYES: Councilmembers Crocker, Le Conte, Rose, Mayor Heinsheimer Mayor Heinsheimer requested that the minutes of the meeting of February 3, 1975 be presented to the Council in corrected form for re- view at the next meeting. APPROVAL OF MINUTES Councilman Crocker asked that the minutes of the meeting of January 27 be changed on Page 4, Paragraph 3 by adding the words: "as provided for by the ordinances." Councilwoman Le Conte said she had commented that the final form of the ordinance had been arrived at by a process of "give and take", and asked that it be included in the minutes. The City Attorney said the clarifications should be included in the minutes of the current meeting as a correction of the minutes of the meeting of January 27. Councilman Crocker expressed a concern about the statement in the minutes on page four in the last paragraph about swimming pool fencing: "all residents, especially new residents moving into the City should be advised that it is the responsibility of parents to protect young children, since the City does not require that pools be enclosed." He asked whether failure to advise a new resident would be breach of a duty imposed by the Council which could result in liability. Councilman Crocker suggested that the information booklet should include information about swimming pool fences, but the minutes should not state that residents should be notified. Mayor Heinsheimer said the minutes are a reflection of discussion at the meeting, and report what actually was said. Councilman Rose suggested that the minutes show that the City does not have an ordinance which requires fences around swimming pools. The Mayor requested that the minutes of the current meeting re- flect the clarification. of the minutes of the meeting of January 27 by including Councilman Crocker's recommendation that residents be notified in the Newsletter and the information booklet that the City does not have an ordinance which requires swimming pool fences, there- by relieving the City of the obligation to so notify residents. A motion to approve and accept the minutes of the meeting of January 27 as corrected was made by Councilman Crocker, seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmembers Crocker, Le Conte, Rose, Mayor Heinsheimer -2- February 10, 1975 PUBLIC HEARING 790 PROPOSED AMENDMENT TO ORDINANCE NO. 79: CONTROL OF ANIMALS AND LICENSING OF DOGS Mayor Heinsheimer opened the public hearing for the purpose of - considering a proposed amendment to Ordinance No. 79 entitled: AN ORDI- NANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING ORDINANCE NO. 79 ENTITLED: AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, PROVID- ING FOR THE CONTROL OF ANIMALS AND THE.LICENSING OF DOGS". The Mayor explained that recently the City Attorney had found a defect in City ordinances, since a kennel was defined in the Animal Control ordinance, but therewas no prohibition of a kennel in the ordinance, although such activity was prohibited as commercial activity by the Zoning ordinance. To correct this, the City Attorney had drafted an amendment to the Animal Control ordinance which includes both the �. definition and prohibition of kennels in Rolling Hills. 00 �...� Mrs. Velma Matthews, 11 Cinchring Road, said she and many other I'D residents had moved to Rolling Hills with the mistaken idea that there was no limit to the number of dogs or other animals'". that could be kept, Q and that the only prohibition was on keepingof swine. Last year she licensed five dogs, she said. Mrs. Matthews presented a petition which stated: "We, the undersigned, request that the Rolling Hills City Council, in drafting a new ordinance, not limit the number of.dogs a resident may possess. The management and behaviour of the dogs instead of the number is what we feel is important." Mrs. Matthews said the petition was cir- culated by seven residents and contains 97 signatures of residents from all sections of the City. Residents who spoke in support of the idea expressed in the petition were: Bob Dunn, 2 Poppy Trail; Roger Meurer, 9 Blackwater Canyon Road; Dr. Robert Schmitt, 64 Saddleback Road. Following discussion of the matter Mayor Heinsheimer asked Mrs. - Matthews if she would be willing to work with a committee on the problem. Mrs. Matthews agreed to do so, but said she would need help. Dr. Howard Jensen, 70 Portuguese Bend Road and Mr. Dunn said they would be willing to serve on the committee. Mrs. Patricia Tischler, 17 Buggy Whip Drive, said she is,concerned about packs of dogs that travel together during. the day, as -well as running during the night, and expressed her concern about young children.Mrs. Tischler asked that consideration be given to require -'.that dogs be confined, rather than limiting the number, and said she would make some suggestions on the problem to the Committee. Mayor Heinsheimer asked the Manager to put a notice in the News- letter advising residents that the committee, under direction of Mrs. Velma Matthews, was interested in receiving in -put from residents, sug gesting possible solutions to the increasing problems connected with dogs, and he asked Mrs. Matthews to report to the Council on March 24. The hearing was continued until that date. R. A. MEURER ENGINEERING LETTER RE: TRACT 26652, RICHARD FRIEND 956 In a letter dated February 10, 1975 Mr.. Roger A. Meurer, engineer for Mr. Richard Friend, Tract 26652, advised that a verbal estimate from Southern California Edison Company established that the cost of undergrounding a 16KV line on the southerly boundary of the Friend sub- division would be approximately $12,000. Mr. Meurer requested that the Council waive the requirement for undergrounding the power line, which serves an extensive area, and release Mr. Friend from the obli- gation, requiring only that portion of the line which actually serves his lots to be undergrounded. -3- 364 February 10, 1975 In reply to questions from the Council, Mr. Meurer said the cost of undergrounding only the portion serving Mr. Friend's lots would be approximately $1,000, and he said, further, that all other conditions required for recordation of the final map have been met. Mr. Meurer said the subdivision dates back to 1967 and has been subject to review by many changes of personnel on the various boards, and Dr. Pernell, who has been a member of the Planning Commission since that time, agreed that conditions have changed and the subdivider must now meet more strin- gent requirements than were in effect when the subdivision was begun. Dr. Pernell suggested that the Council consider equalizing the burden if possible. Councilman Rose said he considers undergrounding of utilities a benefit for the Community, and he is reluctant to grant a variance of the requirments which would permit the poles to remain. Councilman Crocker agreed, and asked whether the subdivider had obtained a firm bid. Mr. Meurer explained that Southern California Edison Company is reluctant to prepare a firm bid unless they think the work is going to be done. The Mayor asked the Manager to contact the Edison Company and authorize preparation of the bid as a requirement for approving the final map, which would require either completion of the work or bonding for the work. Mr. Meurer said there is a problem in the canyon on the property which is caused by water, and he requested that the Council consider accepting undergrounding on a portion of Eucalyptus Lane which is highly visible, rather than undergrounding utilities in the canyon on the Friend property and removing poles which are not visible. Mayor Heinsheimer asked Councilwoman Le Conte, who has been assigned underground utility projects, to visit the site with Mr. Meurer and make recommendations to the Council about requiring Mr. Friend to comply with the requirements for undergrounding the utilities on his property, spe- cifically whether the City or Community Association should consider extending installation of additional underground utilities in the area. The matter was held on the agenda for additional information. ROLLING HILLS HIGH SCHOOL - KEVIN LEWIS FUND 1178 The Manager presented a letter from Mrs. John C. McTaggart, Rolling Hills High School Parent -Teachers -Student Association. Mrs. McTaggart asked Council support of a fund raising event on March 18 for the benefit of Kevin Lewis, a junior at Rolling Hills High School who suffered an injury during interscholastic team practice. Councilwoman Le Conte said she felt the apeal should be answered by private donation, and suggested that residents be advised in the Newsletter of the concert, and tickets made available at the City Hall. PALOS VERDES KIWANIS CLUB 1188 In a letter dated January 27, 1975 Mr. Stiles Wegener, Acting Secretary for Palos Verdes Kiwanis Club requested permission to use the roads in Rolling Hills on Saturday, June 7, 1975 for the ninth annual Palos Verdes Peninsula Marathon. Councilman Crocker moved that approval of the City be given on the same conditions as last year, and that the matter be referred to the Rolling Hills Community Association Board of Directors. The motion was seconded by Councilwoman Le Conte and carried by the following roll call vote: AYES: Councilmembers Crocker, Le Conte, Rose, Mayor Heinsheimer -4- 1 LJ 1 3 -5,w February 10, 1975 R. H. DUNN & ASSOCIATES 1206 A letter dated February 5, 1975 from.Mr. Robert H. Dunn, 2 Poppy Trail, was presented to the Council. Mr..Dunn requested permission to use Flame -X treated shakes on his home under construction at 2 Poppy Trail. He stated that Flame -X is -approved in the City of Los Angeles ,and,Redondo Beach, and the difference in price between Flame -X and the cheapest approved fire retardant material is approximately $2,500. Following discussion of the request by the Council, the Manager was directed to write to Mr. Dunn and advise him that the Flame -X treated shingles. have been approved for re -roofing and residence addi- tions only, and -to send him a copy of Resolution No. 331.approving Flame -X shakes for that purpose only... SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS tl- Councilwoman Le Conte reported that she has received the agenda 00 for the meetings -on -February 25-27, and will attend the sessions. A r.� report will be made to the Council, and Councilwoman Le Conte asked '-) that the matter be removed from the agenda until after the convention. TRAFFIC SAFETY COMMITTEE ACCESS TO 2 -HUMMINGBIRD LANE 1263 The City Attorney distributed copies of a letter to Councilman Crocker regarding a request for access to a residence planned for construction at 2 Hummingbird Lane over an easement controlled by the owner of property at 3 Hummingbird Lane. Mr. Kinley reported that from his records there is no easement granted to the Association over the driveway which is designated as Hummingbird Lane, and he has re- quested Title -Insurance and Trust Company to give him a report as to whether there was at -any time an easement recorded over Hummingbird Lane in'connection with the granting of the title to Lots 1, 2.and 3. It was Mr. Kinley's recommendation that the matter be handled by the Association in view of the language requiring them to approve the construction of any road, bridle trail, roadway, drive or driveway and the design and location thereof, and as part of issuing building permits Mr. Kinley said it would appear that the Association could insist that all ingress and egress from the tract be over Hummingbird Lane. Further, the attorney recommended that the parties all agree to provide ingress and egress by appropriate easements to each other, and that.,'an agreement be entered into by the owners of.the three lots providinfor the maintenance and upkeep of Hummingbird Lane, which document should be recorded in the Office of the County Recorder of Los Angeles County' Mr. Kinley said he had forwarded a copy of the letter to,Mr. Stringfellow, President of the Rolling Hills Community Association, for the information and possible action of the Association. Mayor Heinsheimer ordered the matter removed from the agenda. SAFETY HAZARD ON CREST ROAD, ZILA LANDSCAPING 1265 Councilman Crocker said he had not,noticed any change in the landscaping at the Zila residence at 39 Crest Road West, but recent rains may have delayed compliance. Mayor Heinsheimer held the matter on the agenda for review at the meeting of February 24. PUBLIC UTILITIES COMMISSION 1272 Councilwoman Le Conte said she had received one letter acknow- ledging receipt of her letters to the Public Utilities Commission and: Governor Brown. She asked that the matter be removed from the agenda until she has further information to report. The Mayor so ordered.. -5- 366" 66> February 10, 1975 SOUTH BAY CORRIDOR STUDY STEERING COMMITTEE 1282 Councilwoman Le Conte again urged members of the Council to attend the Public Hearing in Torrance on February 19, and said she would report to the Council after the hearing. SOUTH COAST REGIONAL COMMISSION 1284 Councilwoman Le Conte said she would report on the matter at the next meeting of the City Council. RAPID TRANSIT DISTRICT - PROGRESS REPORT 1285 Councilwoman Le Conte asked that the matter be removed from the agenda until additional information is available. The Mayor so ordered. PAYMENT OF BILLS 1320 Councilman Crocker moved that Demands No. 4269 through 4304, with the exception of No. 4286 to Radio Call Corporation in the amount of $12.00 be approved for payment from the General Fund. The motion was seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmembers Crocker, Le Conte, Rose, Mayor Heinsheimer Councilman Crocker reported that Doug Rogers, City Treasurer, had developed an Expenditure Authorization Procedure in an effort to elim- inate large non -budgeted purchases. The Mayor directed that the Mana- ger advise all concerned that there is to be no unauthorized purchasing. CITY DEPARTMENTS 1420 DEPARTMENT OF COUNTY ENGINEER, BUILDING AND SAFETY DIVISION In a letter dated January 24, 1975, Mr. William Magill, Senior Building Engineering Inspector for the Department of Building and Safety, Los Angeles County Engineer, advised the City Manager that the fill material dumped on the Ted Bear property on Portuguese Bend Road opposite Wagon Lane has now been spread to a depth of three feet or less, and does not require a grading permit. Mr. Magill said it was his opinion that there will not be any erosion on the lot once the natural ground cover returns. The letter was received and filed. CITY ATTORNEY RESOLUTION NO. 331 1430 Councilman Rose moved that Resolution No. 331 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA APPROVING THE INSTALLATION OF FLAME-X'TREATED.SHAKES'FOR REROOFING EXISTING RESI- DENCES AND RESIDENCE ADDITIONS as amended by adopted as read in full by the City Attorney. The motion was seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmembers Crocker, Le Conte, Rose, Mayor Heinsheimer SUBDIVISION FEES 87 The City Attorney recommended that the Council schedule a proposed resolution raising subdivision fees for action at the next meeting prior to ending the moratorium on subdivisions. The Mayor so ordered. EUs� February 10, 1975 MATTERS FROM THE AUDIENCE 1501 Mr. John Downing, 7 Georgeff Road Mr. John Downing, 7 Geotgeff Road, asked the Council whether main- tenance and repair of fences could be enforced through the Building Code. ,He said he felt the delapidated condition of some of the fences should be brought to the attention of the residents. Mayor Heinsheimer referred Mr. Downing's comments to the Rolling Hills Community Association, which has the authority over such matters, and suggested that Mr. Downing attend a meeting of the Board of Directors. Mr. Downing commented that in his opinion the Council will not be able to solve some of the problems arising from dogs until a leash law is adopted. He reported that he was involved in litigation and was held liable for a sum in excess of $500 because his insurance company t.,. did not honor a claim since there is no leash law in Rolling Hills. 00 The Mayor directed that Mr. Downing's comment be conveyed to the committee working on the dog problem. Q MATTERS FROM THE COUNCIL COUNCILMAN CROCKER Roofing, 2 Possum Ridge Road 1579 Councilman Crocker requested that the Architectural Inspector be asked to inspect the new roof on the Cronin residence at 2 Possum Ridge Road to verify that it complies with City requirements under the Fire Code. COUNCILWOMAN LE CONTE Abalone Cove Park 1588 Councilwoman Le Conte reported that acquisition of land in Abalone Cove for a park is scheduled for the Board of Supervisor's agenda on Tuesday, February 11. The City Council of Rolling Hills has supported the acquisition on two occasions, and Councilwoman Le Conte asked that the City reaffirm its support. Councilman Crocker moved that a telegram be sent to the Board of Supervisors from the City of Rolling.Hills supporting acquisition of the land for a park. The motion was seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmembers Crocker, Le Conte, Rose, Mayor Heinsheimer The Mayor asked Councilwoman Le Conte to send the telegram to the - Board of Supervisors on behalf of. the Rolling Hills City Council. Resignation from Committees 1604 Councilwoman Le Conte said she wished to resign from the Rolling Hills Bicentennial Committee, City representative on the Board of Directors of the West Basin Water District and the Juvenile Diversion Project. Councilman Rose suggested that the Mayors of the four Peninsula cities be asked to appoint a representative to a committee to work on the Bicentennial celebration. The Manager said she would also discuss the matter with other.City Managers. -7- 368: February 10, 1975 Mayor Heinsheimer said he would make an of Directors of the West Basin Water District sion Project in the near future when Council assigned. Flood Hazard Insurance 1693 appointment to the Board and the Juvenile Diver - responsibilities are re - Councilwoman Le Conte said she had been asked about Federally subsidized insurance in known flood hazard areas, and she asked whether the City of Rolling Hills has any known flood hazard areas. "Mrs. Clifton said that maps received from the Department of Housing and Urban Development, Federal Insurance Administration, showing flood hazard areas in Rolling Hills had been sent to the Department of Build- ing and Safety, Los Angeles County Engineer for verification of their accuracy. Mr. Kinley said that in a letter dated December 20, 1974 the Los Angeles County Flood Control District advised that the maps had created considerable concern throughout the County, and the Flood Control Dis- trict has. reported some reservations about the accuracy of the maps, and has submitted a formal application to HUD requesting that the Dis- trict be designated as the final mapping agency. A decision on the application may not be made until mid -1975, and the City has been ad- vised that the Flood Control District's Project Planning Division will handle any inquiries concerning flood insurance. The Mayor directed that the matter be put on the next Council agenda for further discussion. Commercial Activity 1729 Councilwoman Le Conte reported that she had been advised that a lega.l_. notice was published in the Daily Breeze stating that Robert H. Gage, 3 Acacia Road is doing business as ROB GAGE STABLES, 3 Acacia Road, Rolling Hills. She asked that the matter be investigated. Construction at Chadwick School 1776 Councilwoman Le Conte reported that residents in other areas of the Peninsula had expressed an objection to an inflated dome on the gymnasium at Chadwick School and -had asked support of neighboring cities in urging Chadwick to camouflage the construction. Council- woman Le Conte said representatives from Rancho Palos Verdes were to meet with representatives of Chadwick School, which ig in unincorpor- ated County territory to try to resolve the matter, and she would re- port further to the Council. COUNCILMAN ROSE Fire Ordinance 1815 Councilman Rose suggested that the Council consider amending the Fire Ordinance to require that residents keep easements clear of rub- bish, trash and other materials so. -that vehicles can -use -the easements fo'r-access in an emergency. This would aid in weed abatement and would reduce the cost of spraying by the City if it became the individual responsibility of the residents, Councilman Rose said. Councilman Crocker said it is often difficult to define an ease- ment, and in many instances the easement is covered with sagebrush and other natural growth, especially in the canyons. Such easements have never been used for access, and should not, in his opinion, be cut into swaths, because of the overwhelming financial burden of keeping them open. Councilman Crocker urged that the fire 1 1 February 10,.-1975 ordinance be enforced with regard to weed abatement and fire retardant roofing, and he asked that weed abatement procedures be scheduled as an agenda item in March. CdL nc lman',Rose suggested .thatthe Council consider. amending .the Fire Ordinance -.-to require that residents be required to-clear,trail easements. Councilwoman Le "Conte suggested .that the matter 'be referred to Councilman Crocker for a committee recommendation. The Mayor so ordered. EMERGENCY ACTION COMMITTEE 52 Mayor Heinsheimer requested that the Emergency Action Committee be asked to submit atone page report on current Committee activities; and advise when additiorial�,drills will be held:. COMMITTEE ASSIGNMENTS 66 Mayor Heinsheimer said he wished to make the following committee rrO assignments: 'Councilman Crocker: Finance and Contract Cities Associ- '"O ation; Councilman Rose: Personnel Officer; -Councilwoman Le Conte: SCAG, C1 Utilities, South Bay Cities, Rapid Transit -District. Mayor Heinsheimer Q said additional assignments would be made after Councilman Pernell is seated. MATTERS FROM CITY OFFICERS Radar Speed Gun 45 The ,Manager asked the'Council._'6oreview an"article from the news- paper describing a-handi,held radar speed gun which has.been used by the Los Angeles --police department for -the past two years. Mrs. Clifton siad the -'cost of the -:gun -is $1,000, and she wished the Council to con- sider the item -for the next fiscal year budget. ADJOURNMENT 100 There being no further business to come before the meeting, Mayor Heinsheimer adjourned the meeting to an executive session at 10:25 PM. The meeting was reconvened.at 10:30 PM -and adjourned by the Mayor. Mayor Gity:!.-Clerk WT