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8/25/19754�d MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY 0'F ROLLING HILLS, CALIFORNIA August 25, 1975 A regular meeting of the City Coiincil was called to order by Mayor Heinsheimer at 7:30 P.M. Monday, August 25, 1975 at the Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL PRESENT: Coun.cilmembers Crocker, Le Conte, Mayor Heinsheimer Councilmen Pernell and Rose arrived at 8:50 P.M. ABSENT: William Kinley City Attorney Douglas Rogers City Treasurer APPROVAL OF MINUTES 168 The minutes of the meeting of August 11, 1975 were approved and ccepted as presented. Councilman. Crocker moved that the minutes of the meeting of Aug- ust 14, 1975 be approved, and said he wished to comment on the minutes. Councilwoman Le Conte seconded the motion for purposes of discussion. Councilman Crocker said comments of one of the residents were re- ported in the minutes and comments of other residents at the meeting were not included. He suggested that since the meeting had been re- corded on tape, all comments be eliminated and only the action of the Council reported. Councilwoman Le Conte suggested that the entire paragraph of comment be deleted, and that the title be changed from Citizens' Committee on Dog Control Problems to City Council Review of Proposed Animal Control Ordinance. Councilwoman. Le Conte made a substitute motion that approval. of the minutes be deferred un.t:il the next meeting, and asked that the corrected minutes be presented at that time. The motion was seconded by Councilman. Crocker and carried by the following roll call vote: AYES: Councilmembers Crocker, Le Conte, Mayor Heinsheimer ABSENT: Councilmen Pernell, Rose SPRAGUE'S SOFTENER SERVICE, 9 MIDDLERIDGE LANE NORTH 196 Mayor Heinsheimer opened discussion of an unsigned letter to Mr. Sprague, 9 Middleridge Lane from residents in his area complaining about commercial trucks in the driveway and street at the Middleridge address, and a letter to the Board of Directors of the Rolling Hills Community Association. from Mr. Sprague. The Mayor said that since the letters from the residents was not signed he did not wish to have it presented to the Council, and the ALSO PRESENT: Teena Clifton. City Manager U_ June Cunningham Secretary 00 Dr. Michael Barnett Resident r-4 John Bennett " .Mrs. P. Breitenstein " Q Dr. & Mrs. H. Jensen " " Dr. Richard Oas Forrest Riegel " John Rowe " Mrs. Gordana Swanson Don Swanson " Mrs. Louise Zimmerman " APPROVAL OF MINUTES 168 The minutes of the meeting of August 11, 1975 were approved and ccepted as presented. Councilman. Crocker moved that the minutes of the meeting of Aug- ust 14, 1975 be approved, and said he wished to comment on the minutes. Councilwoman Le Conte seconded the motion for purposes of discussion. Councilman Crocker said comments of one of the residents were re- ported in the minutes and comments of other residents at the meeting were not included. He suggested that since the meeting had been re- corded on tape, all comments be eliminated and only the action of the Council reported. Councilwoman Le Conte suggested that the entire paragraph of comment be deleted, and that the title be changed from Citizens' Committee on Dog Control Problems to City Council Review of Proposed Animal Control Ordinance. Councilwoman. Le Conte made a substitute motion that approval. of the minutes be deferred un.t:il the next meeting, and asked that the corrected minutes be presented at that time. The motion was seconded by Councilman. Crocker and carried by the following roll call vote: AYES: Councilmembers Crocker, Le Conte, Mayor Heinsheimer ABSENT: Councilmen Pernell, Rose SPRAGUE'S SOFTENER SERVICE, 9 MIDDLERIDGE LANE NORTH 196 Mayor Heinsheimer opened discussion of an unsigned letter to Mr. Sprague, 9 Middleridge Lane from residents in his area complaining about commercial trucks in the driveway and street at the Middleridge address, and a letter to the Board of Directors of the Rolling Hills Community Association. from Mr. Sprague. The Mayor said that since the letters from the residents was not signed he did not wish to have it presented to the Council, and the August 25, 1975 matter was on the agenda only because it had been referred to the City Council by the Board of Directors. He asked that residents be advised in the Newsletter that the Council will not act on anonymous complaints. A motion to table the matter and file the correspondence until a complaint is received in proper form was made by Councilwoman Le Conte, seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmembers Crocker, Le Conte, Mayor Hein.sheimer ABSENT: Councilmen Pernell, Rose PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT 275 A copy of a letter dated August 13, 1975 from the Palos 'Verdes Peninsula Unified School. District to the California Public Utilities Commission, was presented to the Council. Mr. James Crockett, Assistant Superintendent and Business Manager of the School District urged that General Telephone Application No. 53935 to implement Timed Measured Local Business Service in lieu of the present local flat rate service charge be denied, because a one month study indicated that a 32.48% increase in charges would result without any increase in service. Councilman Rose moved that the Council support the School District in its opposition to the proposal, and write a letter of opposition to the Public Utilities Commission. The motion was seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmembers Le Conte, Pernell, Rose Mayor H.einsheimer ABSTAINED: Councilman Crocker Councilman Crocker stated that he had abstained from voting be- cause of lack of sufficient information.. CHIEF ADMINISTRATIVE OFFICER 280 A letter dated August 13, 1975 from Chapman Bone, Chief, Special Services Division, was presented to the Council. Mr. Bone advised that the County Animal. Control Ordinance was recently amended to provide certain, reciprocity between cooperating dog licensing agencies within Los Angels County, and further, that the County Counsel has advised that cities wishing to accomplish the reciprocity may enact an. ordinance based on the County ordinance. Councilwoman Le Conte suggested that the Council consider in- corporating the section in the proposed Animal. Control Ordinance. The Mayor ordered the matter held on the agenda for discussion with the City Attorney when he returns from vacation. CITY OF RANCHO PALOS VERDES 306 In a letter, dated August 8, 1975 Mr. Leonard Wood, City Manager of Rancho Palos Verdes, thanked the City of Rolling Hills for agreeing to allocate 50% of their portion of the SB 821 funds for a bicycle path in that city. Mrs. Clifton reported that the balance of the funds were allocated to Rolling Hills Estates for the same purpose, and that authorization was given. to meet a time limit. Councilman. Crocker moved that the Council ratify their approval of the allocation for the. record. The motion was seconded by Council- man Rose and carried by the following roll call vote: AYES: Councilmembers Crocker, Le Conte, Pernell, Rose Mayor Heinsheimer -2- August 25, 1975 RESOLUTION NO. 340 Councilman, Crocker moved that Resolution No. 340 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING A BUDGET FOR THE CITY OF ROLLING HILLS FOR THE FISCAL YEAR COMMENCING JULY 1, 1975 AND ENDING JUNE 30) 1976 AND FIXING THE AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO SUPPORT THE DEPARTMENTS OF THE CITY OF ROLLING HILLS DURING THE FISCAL YEAR be adopted, and that reading in full be waived. The motion, was seconded by Councilwoman Le Conte and carried by the following roll call vote: AYES: Councilmembers Crocker,, Le Conte, Pernell, Rose Mayor Heinsheimer RESOLUTION NO o 341 Councilman Rose moved that Resolution No. 341 entitled A RESOLU- tl- TION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS FIXING THE RATE OF TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 1975 AND ENDING JUNE 30 1976 be adopted, and that reading in full be waived. The motion was 111Z seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmembers Crocker, Le Conte, Pernell, Rose Mayor Heinsheimer Mayor Heinsheimer said the resolution setting the tax rate inclu- ded a proNrision for an addition of the necessary assessment for fire protection so the City could take advantage of Revenue Sharing Funds if any are allocated. The Mayor thanked the Budget Committee for their work on the Budget, and for holding the tax rate at 87� per hundred, Isame as last fiscal year. CALIFORNIA CONTRACT CITIES ASSOCIATION 320 In a letter dated August 20, 1.975 the Secretary of the Southern, California Rapid Transit District advised that the annual meeting of the City Selection Committee would be held on. September 4, and he asked that a certified copy of a resolution appointing a voting dele- gate be sent to the District in. order that the proper representative would be qualified to cast a ballot at the meeting. Councilwoman Le Conte said she would attend the meeting, and the Mayor appointed her Rolling Hills Representative on, the City Selection Committee. RESOLUTION NO, 342 Councilman. Rose moved that Resolution. No. 342 entitled A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPOINTING DOROTHY LE CONTE TO THE CITY SELECTION COMMITTEE OF THE SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT be adopted, and that reading in full be waived. The motion was seconded 'by Councilman, Crocker and carried 'by the following roll call vote: AYES:Councilmembers Crocker, Le Conte, Pernell, Rose Mayor Heinsheimer EMERGENCY ACTION COMMITTEE - DISASTER PREPAREDNESS The matter was held on the agenda. FOOTPATH ON EASTFIELD DRIVE 400 Dr. Michael Barnett, 19 Eastfield Drive, appeared Council to express his opposition, to the proposed foot bridle trail along Eastfield Drive. Dr. Barnett said 512 KM before the path and that the curve `4 76 August 25, 1975 of the road in the area of Eastfield near his home would make it danger- ous for riders because of speeding on Eastfield, and he urged that the existing trails in the area be used. A letter from Mr. and Mrs. Warren Kane, 21 Eastfield, saying substantially the same thing was presented, with a sketch of the area showing the curve of Eastfield Drive and the existing trails. Councilman Crocker advised Dr. Barnett that the path was being installed in response to requests from Eastfield residents who asked that a path be provided for children because of the unsafe conditions on Eastfield which make it necessary for school children to cross the road several times in order to walk along the road. Since the Council had authorized clearing the easement and installing the path, Council- man. Crocker had insisted that it be wide anough to also accommodate riders, which he considered a supplemental benefit for the Community. Mayor Heinsheimer thanked Dr. Barnett for appearing before the Council. Mrs. Clifton. reported that she had met with other residents in the area who had expressed opposition to the trail, and after viewing plans and receiving additional information about the proposal, all had approved the plans and agreed to cooperate fully. Further, Mrs. Clifton said Mr.. .John Bennett, 3 Eastfield Drive, said he would attend the Council meeting, but had not yet arrived. Mr. Bennett met previously with the Manager and had stated that he wished to do his own work, and asked that City personnel not work on his property. Mrs. Clifton said it would be necessary for the Committee to approve any work done by Mr. Bennett, and to date he has not cleared the easement adequately for the purpose. ORDINANCE NO. 131 479 Councilman Rose moved that Ordinance No. 131 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS RELATING TO FEES FOR GRADING PERMITS, introduced at the August 11 meeting, be adopted, and that reading in full be waived. The motion was seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmembers Crocker, Le Conte, Pernell, Rose Mayor Heinsheimer Councilman Crocker suggested that a memorandum be sent to the Planning Commission advising that the Council has adopted the ordinance based on the Los Angeles County Building Code; however, the ordinance provides that the greater charge is made to residents who move small amounts of dirt, and charges for extensive grading decrease, making the cost of grading on a large scale and moving large amounts of earth less per cubic yard. The Manager reported that most work in Rolling Hills is done on a relatively small scale, and Councilman Pernell agreed that existing regulations and guide lines presently control the amount of grading that can be done. The Mayor directed that the com- ments of the City Council be relayed to the Planning Commission. REQUEST FOR FUNDS BY CABELLEROS 520 Mr. Forrest Riegel, Trails Chairman of Caballeros, presented the Caballeros budget for 1975/76, and advised the Council that it was his understanding that Caballeros would be reimbursed by the City for certain expenses, specifically operation and maintenance of the City's riding ring at the Gap, and for construction of a satellite ring. The two items would total approximately $7,000 he said. Councilwoman Le Conte said the allocation in the City's budget is for capital expense, not operating expenses of the ring. Further, Councilwoman Le Conte said it was her understanding that the Caballeros would submit their budget and consideration would be given to allocating -4- 477: August 25, 1975 a portion of the recreation funds for riding ring purposes; it was not understood that they would request a specific amount. Mr. Riegel said development of a satellite ring would depend entirely on whether an allocation of funds was made by the City. Mayor Heinshei.mer explained that Councilwoman Le Conte has been asked to investigate the needs of Caballeros, and Councilman Rose has a similar assignment for the Tennis Club. They, and any other member of the Council,,, as well as private citizens, can make recommendations for expenditure of the recreation. fund, which is $14,000, and a public �-hearing would be held before any expenditures are made. Mr. Riegel said he wished to request $7,500 for development of a new satellite ring. Councilman Crocker asked whether priorities have been established for Caballeros projects, and Mr. Riegel said there are three sites now available for a satellite ring, and all require extensive expenditures of funds. One site which the Caballeros can lease for a period of time would require approximately $7,500. t- 00 Mayor Hein.sheimer asked that ter that a public hearing would be from the recreation, allocation in C would be set after a report is ma Councilmembers Le Conte and Rose. RECESS residents be advised in the Newslet- held to consider requests for funds the Budget, and he said the hearing de by the Committee consisting of The meeting was recessed at 9:00 P.M. and reconvened at 9:10 P.M. PERSONAL APPEARANCE, JOHN BENNETT 615 Mr'. John Bennett, 3 Eastfield Drive, advised the Council that after he received a letter from the Manager advising him of the work to be done by the City's maintenance crew he inspected the easement and decided he would prefer to trim the 20 year old planting himself. In the course of working two full days Mr. Bennett said he observed that on one day two joggers passed his property; the second day two joggers and one bicyclist passed while he was there; however, he said traffic at other times of the year might be heavier. Mr. Bennett invited members of the Committee to inspect his property. Mrs. Clifton said that Mr. Bennett had told her he did not intend to remove two trees that the Landscape Committee recommended be removed, therefore she did not consider that he had complied with the recommendations, but she would look at the property within the next few days. CITY COUNCIL REVIEW OF PROPOSED ANIMAL CONTROL ORDINANCE 633 Mayor Heinsheimer opened discussion of the proposed Animal Control Ordinance. Councilwoman, Le Conte read an amended version of Section 310, re -written after revie4 of the report prepared by Mrs. Cordan.a Swanson and Mrs. Louise Zimmerman with the assistance of the City Attorney. In the discussion that followed the following comments were made: Councilman Rose said he preferred the word "animal" to "dog"; Council- rhah. Pernell said the Manager should be given. some discretionary power when receiving complaints; Mrs. Zimmerman noted that the ordinance under consideration refers to attack on persons only, not on other animals; Mrs. Laura Jensen. asked why Section 310 contains provisions for complaints against a barking dog as well as a biting dog, and whether the penalty would be the same for both. The Mayor said the remedies would not be the same and the section would have to be clari- fied with respect to problems that are bothersome and problems that are dangerous. Mr. Howard Jensen said he still considers the problem dogs, especially vicious dogs, more pertinent than the number of dogs. -5® 47B August 25, 1975 In a discussion of the hearing process Mayor Heinsheimer asked who would conduct the hearing after receipt of a complaint; whether the matte-° should be' the 'responsibility of the City Manager or the City Council. Councilwoman Le Conte said she thought the matter should be referred to the Council only on appeal if the complainant is dissatisfied with the solution proposed by the Manager. Council- man Pernell said he hoped the complaint procedure outlined in the pro- posed ordinance would eliminate the need for a hearing, and that most problems could be settled amicably. Mrs. Gordana Swanson asked if the complaint would be required "under oath" as specified in the proposed ordinance. Councilwoman Le Conte said the affidavit would contain the statement "under penalty of perjury" as the present affidavit does; no oath would be administered. Following the discussion the Mayor directed that Section 310 as re -written be referred to the City Attorney. Councilwoman Le Conte said she had also prepared Section 1206 following a straw vote of the Council indicating that they wished to limit the number of dogs to three: "It shall be unlawful for any person to keep in the City of Rolling Hills on any premises owned or occupied by him, more than three dogs more than four months old". Councilwoman Le Conte said it would be necessary to include a " grand- father clause" to cover cases where residents had more than the per- mitted number of dogs prior to the effective date of the restriction. She suggested that the residents be give a time limit for compliance dating from the date of Council action, August 11, 1975 and said the final date for complying with the ordinance by reducing the number of dogs to three could be July 1, 1976 or July 1, 1977. Councilman Rose suggested that the effective date of the Ordinance also be the effect- ive date for the "grandfather clause" and the Mayor expressed concern that some residents might take advantage of the intervening time period to acquire additional dogs; he agreed that August 11, 1975 should be the effective date, since that was the date of the straw vote of the Council indicating that they were in favor of imposing a limit to the number of dogs permitted. Councilman Pernell suggested that there be an attempt to deter- mine the magnitude of the problem, and the Manager said she would ask the Department of Animal Control to advise the City which residents have licensed more than three dogs. Councilman Rose suggested that a variance procedure be established for new residents and said it could be in the form of an annual revoc- able permit based on undue hardship or other circumstances in particular cases. Councilwoman Le Conte said she would oppose such a provision, since more than three dogs would con6titute commercial activity. Mayor Heinsheimer asked for a straw vote on adoption of a variance procedure, which failed on the following roll call vote: AYES: Councilman Rose NOES: Councilmembers Crocker, Le Conte, Pernell Mayor Heinsheimer Following the discussion. Mayor Heinsheimer directed that the changes and recommendations be referred to the City Attorney for inclusion in the proposed ordinance, and that Councilman Crocker prepare a grandfather clause for consideration. The Mayor said a special meeting would be held on September 17 from 7:30 to 10:30 P.M. to consider the proposed ordinance, and he asked that sufficient copies of the amended proposed ordinance be available for the Council and others who may wish to attend the meeting. August 25, 1975 "GOYS" - DESTRUCTION OF HALF-BREED DOG/COYOTES 1821 Mrs. Clifton reported that she and the Mayor had met with the president of the Varmint Club of California, and he had advised them that the only sure way of eliminating the half-breed coyotes/dogs was to shoot them with a shotgun. Using a rifle would be less satis- factory because of surrounding homes and the danger of ricochet, and trapping would probably net more domestic animals than coys, he said. A charge of $40 per animal killed would be made, and residents would be advised of the time the men would be in. the area so the area could be kept clear of domestic animals., residents and horseback riders. The matter was referred to the City Attorney for review and legal ad -vice on the proposed method of eliminating the half-breed animals. PAYMENT OF BILLS 24-2 tl- Councilman Crocker moved that Demands No. 4721 through 4747 in z the amount of $11,174.03 be approved for payment from the General Fund. 1z "_4 The motion was seconded by Councilwoman Le Conte and carried by the g:� following roll call vote: AYES: Councilmembers Crocker, Le Conte, Pernell, Rose Mayor Heinsheimer LETTER FROM JAMES BIBY, 10 PACKSADDLE ROAD WEST 30 In a letter dated August 21, 1975 Mr. James E. Biby advised the Council that when he purchased his property in October 1973, Rolling Hills Community Association approval to subdivide the 4.7 acres into two lots was recorded in the deed of trust. Mr. Biby said he was Iunaware that the City of Rolling Hills had also approved the subdi- -vision. City approval expired in February 1974, and Mr. Biby has asked that the Council review the lot split, stating that if the present Council is favorable to the subdivision, he would follow the normal procedure to comply with city ordinances to complete the subdivision. Councilwoman Le Conte said that if the time limit for subdivision has expired, the ordinance would require refiling of the subdivision before it could be reconsidered. The matter was referred to the City Attorney for an opinion on the authority of the Council to reconsider the subdivision. - SOUTH COAST REGIONAL COMMISSION 60 Councilwoman Le Conte asked that the matter be held on the agenda. The Mayor so ordered. COMMUNITY REDEVELOPMENT ACT 62 Councilwoman Le Conte asked that the matter be removed from the agenda and returned late in November when results of a State-wide study will be available. The Mayor so ordered. FIRE DEPARTMENT ACTIVITY REPORT 66 The Fire Department Activity Report for July 1975 was received and filed. PUBLIC HEARING RE: PALOS VERDES DRIVE NORTH 72 The City Manager advised the Council that theCity of Rolling Hills Estates has engaged a consultant to review the Road Department plans ,4110 August 25, .1975 for the proposed widening of Palos Verdes Drive North, but the date for a public hearing on the matter has not been set. Mrs. Clifton said it was her understanding that the Rolling Hills City Council, Planning Commission, Board of Directors, Environmental Quality Board and Landscape Committee, also residents who would be affected, would be advised of the date and invited to attend the hearing. The Manager was directed to advise residents in a Newsletter when the hearing has been scheduled. FIVE YEAR ECONOMIC PROJECTION 97 Councilman Pernell asked whether appointments had been made to the committee to study the five year economic projection. Councilman Crocker said he had contacted Mr. Stringfellow, president of the Board of Directors of the Rolling Hills Community Association,and he had appointed Directors Jack Davidson and Dick Scheide to work with Coun- cilmen Crocker and Pernell. So D. WEIMAN STABLE CONSTRUCTION 140 Mayor Heinsheimer advised the Council that at the last meeting of the Board of Directors of the Rolling Hills Community Association the Board had approved construction of a stable between the tennis court and the easement on the rear of the S. D. Weiman property, 29 Crest Road West, although there is no vehicular access to the site except over a trail, which is prohibited by City ordinances. Councilman Crocker moved that the City Manager be instructed not to issue a building permit until the matter of vehicular access has been clarified and the City Attorney has been consulted on the matter. The motion was seconded by Councilwoman Le Conte and carried by the following roll call vote: AYES: Councilmembers Crocker, Le Conte, Pernell, Rose Mayor Heinsheimer The Mayor asked that a letter be prepared for his signature to be sent to Mr. Weiman advising him of the Council's action. PROVISION FOR SOLAR ENERGY INSTALLATION 160 Councilwoman Le Conte reported that the Board of Supervisors had recently acted on a recommendation that future home construction in- clude provisions for conversion to solar energy, and she suggested that the matter be referred to the Planning Commission for review. Councilman Rose said he agreed that the matter should be pursued by the Planning Commission, and the Mayor so ordered. CITY ATTORNEY - SALARY INCREASE 173 Councilman Rose moved that the City Attorney's request for an increase of $100 monthly be granted retroactive to July 1, 1975. The motion was seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmembers Crocker, Le Conte, Pernell, Rose Mayor Heinsheimer Councilwoman Le Conte said she wished to comment for the record that she is concerned about the percentage granted in the budget for salary increases. ADJOURNMENT 230 1 There being no further business, the meeting was adjourned at 12:20 A.M. City Clerk Mayor -8 -