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
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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
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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
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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.
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�...� 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.
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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
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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..
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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.
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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.
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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.
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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
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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
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