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1/26/1976 5 � 1KINUTES OF THE � REGUL�R MEETII�TG OF" THE CITY COUNICL � CI'I"Y OF ROLLING HII,LS 9 CALIFORNIA J'anuary 26 , 1976 A regula� meeting of �he City Council was ealled to order by Mayor Hein�heime� at 7 e 30 P o1�Io IKonday y ,Tanuar�y 26, 1976 a� the Adminis�ration Building, 2 Po��uguese Bend. Road' R011irig Hi.11s9 California. ROLL CAZL PRESENTo Couneilmen Cr�oeke�, Pernell, Rose, I�Iayo� Heinsheimer ALSO PRESENTa Teena Clifton City Manage� W�lliam Kinley City At�orney Douglas Rogers Ci�y Treasu�er .Tune Cunningham Secretar� Thomas Trapp Envicom Corpo�ation Cheryl Morgan �dministrative Aide Ko Goldreyer Resident � Ro Gray " Ao Lawler " Va 1�Iatthews " Dre Re Oas " llr e & Mrs o H a .Tensen " F o R�,ege1 " Jo Saffo " Bo Stern " Go Swanson " Le Zimmerman " APPROVAL OF NlTNLTTES 1040 Councilman Crocker moved �hat the minutes of the meeting of J'anuary 12, 1976 be approved and accepted as cor�rectedo The motion was secoricled by Counc�.lm�n 1'ernell and carrfed by the following roll call votea AYES : Coun�ilmen C�rockere Pernelly Mayox° Heinsheimer ABSTATNED; Counc�lman Rose FINANCIAL S'TATEMENTS 1060 The F�nancial Statement fo�° the month of December 1975 was approved and aecep�ed as presen�ed on the motion of Councilm�.n Cr�o�ker, seeonded by Councilman Pe�nell and carried �y the following roll call v�ote o AYESo Councilmen Crocker, Pernell, Rose, Mayor Heinsheimer� AUDIT REPORT Mr o Douglas Roger� , C1.ty T�°�B.SLIY'2�a reported tha� he had reviewed �he Audi� Report p�repared for the Ci�y by Cotton anc� F'ran.cisco, Aceount- �.n�s and Auciitor�, for �he pe��.ocl from .T�zly 1a 1974 to June 30, 1975 , and hac� found it in orcle�o It was Mre Rogers ` recommendation that the �epor�t be appr�oved anc� �ccepteda A motion to accept �he recommendation of the City Treasurer and appro�re and accep� the audit repor�t was made by Councilman ��ocker� seconded by Councilman Rose and carried by �he �ollowing roll call vote < A�'ES ; Councilmen Crocker, Pernella Rose, Nfayor Heinsheimer � •� January 26, 1976 PUBLIC �EARING, PROPOSED ANINIAL CONTROZ ORDINANCE 1094 �aqo� He�nsheim�� opened the meeting of a public hearing on the proposed ardin�nce providing. fo� the control and keeping of an�malsa fow1, and ��e l�censing of dog� a and explained that the ordinance would be consi�e�ed fo� adop��on with the except�on of Sections 1205 , 1206 r� ARTICLE XIIIp which would be considered separately at a public ea�ing o� �are� 15a 1976o The Mayor asked that members of the audience ho wished to �ommen� during the hearing on the proposed ordinance limit heir commen�s �o �nfo�r�mation and opinions which had not been p�esen�ed p�eviousl�o Coun�ilman Rose moved tha� the proposed ordinance, with the excep- t�on of Sec��on� 1205 , 1206 and ARTIC�E XIII be in�roduced for purposes of discussion, and that reading of the ordinance entitled AN ORDINI�NCE OF THE GITY OF ROLLING HILLS , CALIFORNIA, PROVIDING FOR THE CONTROL AND KEEPING OF ANIMALS , FOWL, AND THE LICENSING OF DOGS, in fu11A be waivede � The motion was seeonded by Councilman Crocker, .'�^ � M�so Arlene Lawlex�e 15 North Middlericige Lane Nor�h, said it was �her opinion ��at ther�e cou�.d be uneven application of Section 1204 ;�.,which pertains to a clog �rh�eh is a nuisance by reason of barking, howl- inga g�owling, running or charging, as �here would be a minimal appl3- cation to an ove�ly-tolerant resiclent, while an unduly sensitive resident could9 by filing an affida�it, have an animal declared to be a. public " nuisance by the Ci�y Manage�e M�so Lawler sugges�ed that a committee be fo�.°med to inv�es�igate and judge each complaint, Mayor Hei.nsheimer said that although the Ordinance appoints the City Manager, she eould, at her �eseretion, appoint a cnmmit�ee �o assist her in inves�igating a com- plainte Gounc.�lman Crocke�r sa�d it is incumbent upon the owner of �he dog �rea.�ing the nuisanee to abate the nuisance, even though there may be differ�ng level of toleranee between individuals , since in his opinion9 the tax-paying �esidents must be �considered before the dogso MrsoLouise Z�mmerman, 12 C�nchring Road9 said the requirement in Section 1204 that a w�°�tten complaint be nnacie unde�° oath or under penalty of perjury should eliminate ind.escriminate �xse betwe�n neighborse Councilman Pernell said no section of the ordinance should be used as harassmento Mre Howard .Tensen, 70 Po��uguese Bend Road, asked whether Exhibit "A" , �he fee schedule, w�ll be included in the ordinan�ee Mre Kinley explained that the fee schedule was provided by Los Angeles County, and there have been some e�anges sinee it was sent to the City; i� r,�rill be made part . of the orc�inance by �eference, so that it can be ehanged from time �o time as Coun�y fees ehangee Mr. Jensen asked if ther�e was a p�°ovis�on for appe�l of Sec��on 12049 and after discussion9 _the Mayor directed that the �ight to appeal Sec��.on 1204 be included in Section 604� APPEALo NT�se Ve�ma Matthews , 11 C�nchring Road, asked that the appendix to the or�dinance as prepa�ed by the Commit�ee which originally revfewed the or�dinanee, be �°e�u�ned to the ordinanceo Further, Mrso Matthews sta�ed that much o,f �he wording recommended by the Committee had been changed, so �hat much of the intent �,ras changede Mrso Matthews said there is a disc�epancy be��reen the title and content of Section 801, and �he �rords "F`ifty (50) Fee�" were deleted from the title with �he consen� of the Councile Section 1�,03 , Animal.Lit�er, was amended by the aciditon of "and ho�se tr�a�ls" on line 17 , and the words "and the Di�ec�,or� of Animal Control is hereby directed to abate any such n�xisance as soon as �eported, by �npo�ding, such dog, and/or citing �he owner ox� person having custody thereof" were added to the sec�iono 1�I�°so Matthews requested �hat Seetion. 1202 , which prohibits any commerc�al or business activity fo� �,�rhieh a eons�.dera�ion is eharged, also be held in abeyance, a2-� ' ��5 � January 26, 1976 The Mayor thereafter closed the public hearing> In discussion by the Councily the proposed ordinance was changed as follows : Section 1204, line 14, "after inves�igation" be added after "such dog" ; line 27, the �rorc�s "keep said dog securely confined within the residential dwelling of �he owner from 6 pemo until 8 aeme of each and every day" be deleted, and the words "abate such nuisance" be substituted, Section 208 was ehanged by adding "or family, as defined herein" , Section 421, Recipro- citya �ras addedo Councilman Rose moved that Section 1202 be excluded from the discussion, to be considered with other controversial sections on March 15o The motion died for lack of a second and Section 1202 was retained in the ordinancee Councilman Rose' s motion for adoption, seconded by Councilman Crocker, �ras caz°�°ied by the following roll call vote : AYES : Councilmen Crocker, Pernell, Mayor Heinsheimer NOESe Councilman Rose DR, Eo .7e WEISENHEIMER, FIREPROOF ROOFING REQUIREMENTS 1730 In a let�er �o the Council dated January 20, 1976, Dre E, J, 4Jeisenheimer, 29 Portuguese Bend Road, advised that he is having a s�ngle room addition cons�ructed on his residence, and had contracted �o have his entire exis�ing residence re-roofed at the same time, as th.e old roof was unsightly and offered no fire protection, The County Inspector s�opped the project because of the method of installation being used, and Dro Weisenheimer asked that immediate relief be given so the projec� could p�roceede Dr, Weisenheimer was present at the meeting had he explained �h�.t Flame-X treated shakes over an approved sub-base were approved for re-roofing and residence additions , and he had been assured by his roofery a reputable roofing contractor, that installation of the Flame-X treated shingles over the existing roof inet the requirements. Further, Dro Weisenheimer said that approximately 25% of the existing residence had already been re-roofed over the existing roof, and removal of the shakes raould cause extensive damage to the roof, which is in shabby condition and without fire protection, Dre Weisenheimer was advised that Resolution No. 331 of the City of Rolling Hills requires �hat Flame-X treated shakes be installed over solid wood sheeting or o�her weather-proofed solid sheeting with a minimum thiekness of 3/8" or of a greater thicknesse He was advised, further, �hat it is the obligation of roofing contractors to determine �he City' s requirements before �tarting the job, Following discussion, Councilman Rose moved that Dre Weisenheimer be perm��ted to leave the portion of his residenee already re-roofed remain as installed, �,ri�h �he provision that the balance of the re-roofing of the residence and the �oofing of the additiori be done as required by Resolu�ion No< 331, The mot�on was seconded by Councilman Pernell and carr�ed by the follow�.ng roll call vo�eo AYES � Coun�ilmen Pernell,. Rose, Mayor Heinsheimer NOES : Councilman Crocker DRA�°T POLICY REPORT, SAFETY' AND SEISMIC SAFETY ELEMENTS TO GENERAL PLAn 160 (2) I�Iro Thomas T�app presented a Second Draft Policy Report on the Public Safe�y and Seismic Safety Elements prepared for the City of Rolling Hills by Envicom Corporation, as revised following discussion and review by �he Planning Commission and City Councile Mayor Heinsheimer noted tha� Chairman Forrest Riegel of the Planning Commission was present and in�vited his commen�se -3- �� �� January 26, 1976 Mre Trapp said changes in the draft report were made primarily in three areas : references to structures which do not exist and are not planned for Rolling Hills were deleted; greater recognition was given to existing policies ; and wording and vague connotations were changed. The report was reviewed with the Planning Commission page by page at the last meeting, and a memorandum from the California Water Service was included s Ap.pendix .Co Planning Commission Chairmari Riegel said that in review- °ng the original draft policy report, tlie Commission had deleted extra- ��ous material and made sure that the report did not require institution any expensive programs of questionnable value. Mayor Heinsheimer said the report would be accepted as preser_ted, and he asked members of the Council to review the Second Draft Policy � Report so that it could be considered at the next meeting and adopted if acceptable to the Counci.l, The T�ayor asked Chairman RieQel ro attend the next meeting of the Council when the report will a�ain be cnr+ci..�ered and 'accepted if' approved by the City .Council, , and .he asked that the City ,X� Manager�write a letter to Envicom, summarizing the opinions of the �� Planning Commission and City Council after both bodies have reviewed "� the second draft, with copies of the correspondence to the other cities ,,.��who participated in the joint project with Envicom. �' SOUTH BAY CORRIDOR TRANSPORTATION STUDY 234 Mayor Heinsheimer said he would represent the Council as a member of the Steering Committee of the South Bay Corridor Transportation Study, and appointed Councilman Pernell as his alternate, to attend in the Mayor' s absenceo PALOS VERDES PENINSULA CHAMBER OF CONIlKERCE BANQUET 249 Mayor Heinsheimer asked members of the Council who wished to ttend the 18th Annual Installation Banquet of the Palos Verdes Penin- ula Chamber of Commerce on Thursday, January 29 to advise the Manager so reservations could be made, P�OPOSED .AMENDMENT TO ZONING ORDINANCE N0. 33 251 A proposed amendment to ARTICLE III, Section 3 . 04, Lot Coverage, of Zoning Ordinance Noe 33 as amended by the Planning Commission at tfieir meeting ori January 20 was presented to the Council. Chaiz°man Riegel said the requirement for reservation of 200 square feet for a stable on properties which do not have a stable was included to bring tlie City' s ordinance into conformance with similar requirements �' of the Deed Restrictionse The ordinance does not require construction of a stable, Mr. Riegel said9 but 200 square feet must be reserved to avoid the need for a varianee if 25% of a property is developed without provision for a stablee Councilman Rose moved that AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING ORDINANCE NOe 33 ENTITLED "AN ORDINANCE OF THE CITY OF ROLLING HILLS , CALIFORNIA, PROVIDING FOR ZONING IN SAID CITY" be intro- duced9 and that reading �n full be waivede The motion was seconded by Councilman Crocke� and car�°fed by the following roll call vote : AYESa Councilmen Crocker, Pernell, Rose, Mayor Heinsheimer CALTFORNIA WATER S�RVTCE COMPANY APPLI.CATION FOR R.ATE INCREASE 300 Councilman Pernell said he had reviewed material offered by California Water Se�vice Comp�ny in support of their request for a rate increase, and he �ecommended that the request be evaluated by the Council, as the Water Company had received a rate increase in October 1975e Councilman Pernell exnlained that the utility is asking -4- � 54 , January 26 , 1976 for a step rate incr.ease, so that on the projection of anticipated cost increases , applications through 1978 would be filedo Overall operating revenues increased approximat.ely 28% between 1970 and 1974, and net operating revenues increased 42 < 9% in the same period Councilman Pernell said; the water company is attempting to keep their rate of return at 10%o Lomita and the four Peninsula cities comprise one district, and the Palos Verdes Dis�rict shows a 51'/, increase in operating revenues from 1970 to 1974, and a 62% increase in net revenues in that pericde It �ras his. �ecommendation that action should be taken in concert with the other cities in the same districta Mrse Clifton reported that the last two hearings on applications for rate increases were conducted by the Public Utilities Commission in the Rolling Hills City Hall, and one before was held at the Palos Verdes � Estates City Halla She suggested that the City of Rolling Hills again offer the facility for a Public Utilities Commission hearing on the current application, so local representation could be made to examiners from San Francisco, Mayor Heinsheimer, with approval of the Council, directed that the offer be made, and that other cities in the district be contacted on the mattera SCAG - APPOINTMENT OF COUNCIL MEMBER TO TRANSPORTATION COMMITTEE 355 Mayor Heinsheimer ordered the matter held on the agendaa PAYNIENT OF BILLS 364 Councilman Crocker moved that Demands No> 5071 through 5095 in the amount of $43 , 809087 be approved for payment from the General Fund, The motion was seconded by Councilman Rose and carried by the following roll call votee AYES : Councilmen Crocker, Pernell, Rose, Mayor Heinsheimer BUTLD�NG AND SAFETY - REVISED FEE SCHEDULES 365 Mr�o Kinley reported �hat he had received revised fee schedules from the Los Angeles County Engineer, Department of Building and Safety, for the Building and Mechanical Codes , but had not yet received new fee schedules for the Elec�rical and Plumbing Codese BUILDING CODE 368 Councilman Rose moved that a .proposed ordinance entitled AN ORDI- NANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING DRDI- NANCE NOe 6 ADOPTED MAY 13 , 1957 , providing for increase building fees , be in�roduced ancl that reading in full be waived, The motion was seconded by Councilman Crocker and carried by �he following roll call vote : AYES : Councilmen Crocker, Pernell, Rose, Mayor Heinslieimer MECHANICAL CODE 370 Councilman Rose movec that a proposed ordinance entitled AN ORDI- NANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING ORDI- NANCE NOo 78 , providing for increased mechanical permit fees , be intro- duced and that reading in full be waivede _ � ' The motion was seconded by Councilman Crocker and carried by the following roll call vote : AYES : Councilmen Crocker, Pernell, Rose, Mayor Heinsheimer -5- a� nvl� �' � January 26, 1976 PROPOSED ORDINANCE, "BLUE. CURB" LAW 378 Mro Kinley presented, a proposed ordinance relating to parking for handicapped pe�sons and oth;er �purposes , Councilman RQse asked . that a provision for tow-away:;of violators be. includedo Following ° discussion, ,, Mayor. Heinsheimer �ealled� for a: :straw__vote on. wheth�er. a tow-away provision -should. b.e„ included; the vote �was two .member:s in , favor,A two=:opposede �:Coun;ci.lman Ro.se-•said,_ it ,was�:his, plan to make . the ordinance a, modeT or.dinance, �to be widely� circulated . to other cities , : and after further discussion, the Council agreed to a -provision for citation or tov,r-away for violators . Following discussion and amendments as recommended by Councilman Rose, the proposed ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF ROLLING HILLS RELATING TO PARKING FOR HANDICAPPED PERSONS AND OTHER PURPOSES was introduced in a motion by Councilman Rose, and reading in full was waivedo The motion was seconded by Councilman Crocker and � carried by the following roll call vote : � Y AYES: Councilmen Crocker, Pernell, Rose .� `� � NOES : • • . � Mayo.r�Heinsheimer . ALDEN We SMITH, 1 ACACIA ROAD 447 A letter dated January 12, 1976 from Alden W. Smith, 1 Acacia Road, eomplaining about attacks on small animals by vicious dogs was presented to the Councile The Manager was directed to write to Dr. Smith and advise him of the Council' s action regarding the Animal Control Ordinance, L,A, COUNTY SOLID WASTE MANAGEMENT PLAN 449 , Mayor Heinsheimer distributed copies of a letter from Los Angeles County dated January 20 , 1976 advising that the Los Angeles County Solid Waste Management Plan had been approved. DEPARTMENT OF ANIMAL CONTROL 456 The report of Animal Control Activities for the period from October 1 to December 31, 1975 was received and filed. Mrs , Clifton reported that she had attended a meeting in the CAO' s Office on Monday, January 26 , with managers of other cities , the County Counsel, Chief Administrative Officer and representatives of the Depart- ment of Animal Control to discuss a contractual arrangement for approxi- mately 40 cities to use as an Animal Control Agreement. An amended draft of the agreement will be presented to the committee on February 9 , Mrso Clifton saido She is also working with the Cities of Rancho Palos Verdes , Rolling Hills Estates and Lomita, the Manager said, and she hopes to present to the Couneil alternative programs for agreements with the County ?.nd with the other cities in the area for their review and decision. In ariq .ease, Mrs . Clifton reeommended that the City take care of licensing and not have the County license in the future. The Mayor ordered the matter held for additional information from the Managere COUNTY ENGINEER, DEPARTMENT OF BUILDING AND SAFETY 495 The Manager presented a letter dated January 23 , 1976 , replying; to her letter of January 14, requesting that the County Engineer determine whether hazardous conditions exist on properties on P�unning �rand Roaci and on Wrangler Road which were burned out in June 1973 and l�.�ve not been re-builto -6- �e� 6 January 26, 1976 Mro Ao Fe Graham, District Engineer, advised that the properties are not hazardous , but he recommended that a fence protecting the swimming pool at 6 Running Brand should be repaired in order to prevent unauthor- ized entry to the pool by childreno Chimneys on the propertfes appear to be structurally sound, Mro Graham said, and are located on property that is not likely to have human occupancy, so are not considered hazardouso Further, Mro Graham advised that it is possible that Sections 9904(p) and 9906 of the City Building Code could be utilized in addressing the problem, and the City Council might wish to appoint itself as the Appeals Boarde Mrse Joan Saffo said there is concern among residents in the area of the properties because of vandalismo Mr, Kinley said there is a prohibition in the Deed Restrictions which prohibit unused structures from remaining on properties indefinitelyo Mrso Clifton reported that the County had provided a form letter to residents of such properties , and she suggested that a modified version of the letter be sent to the owners , expressing concern about the possi- bility of vandalism, and inquiring about their plans for the properties. The Mayor asked that the Community Association inspector be asked to inspect fences surrounding the pools on the properties for safety, and that the Manager write to the owners , and make a report on the .status of the mat�er at the next meetingo LIABILITY INSURANCE 543 Mayor Heinsheimer reported that letters had been sent to the County Road Department, to Supervisor James Hayes and to Assemblyman Robert Beverly9 expressing concern about the increase in liability insurance premiums , but to date no replies had been received, He asked the Manager to report to the Council when the letters are acknowledged, PALOS VERDES DRIVE NORTH 547 Mrse Arlene Lawler asked whether the City Council plans to take a position on the proposed widening of Palos Verdes Drive North, Council- man Rose explained that members of the Council attend all hearings on the matter and residents of Rolling Hills will be kept informed of de- velopmentse Mayor Heinsheimer said the meetings before the Rolling Hills Estates City Council are public meetings , and residents can attende AGREEMENT OF SALE, MAINTENANCE BUILDING 700 The City Attorney distributed copies of an agreement of sale of the Maintenance Building by the Rolling Hills Community Association to the City of Rolling Hillse The Mayor ordered the matter held for action at the next meeting, HEARING, TORRANCE AIRPORT EXPANSION 702 Councilman Pernell reported that Mrs , Gordana Swanson and Mrso Nicky Field, members of the Rolling Hills Environmental Quality Board, had attended a hearing in Torrance on proposed expansion of Torrance Airporto At the hearing the Environmental Impact Report was returned to the consulting firm which prepared it for modification, clarification and consolidation of the hearing information gained from the testimony, with a request that the modified report. be sent to the City of Lomita ten days before the next meeting on March 3e A copy of the report will also be sent to Rolling Hills , Councilman Pernell saide CONTIIVUING EDUCATION, LEADERSHIP INSTITUTE 713 Councilman Per�nell moved that members of the staff who wish to -7- r � � �: l' 'January 26 , 1976 attend a Leadership Institute on March 20,� 1976 on Parliamentary Pro- cedure to be presented by the American Institute of Parli,amentarians� be authorized to attend at C.ity expense, and that members of other City and Community Association Boards who are interested be requested to pay the $3000 registration fee. The motion was seconded by Councilman Rose and carried by the following, roll call vote: . AYES :. , . � �Counc.ilmen Crocker, Pernell,; Rose, Mayor Heinsheimer , � , � • � , � . - o > . . . . . � - - RENSHAW° GATE IMPROVEMENT ` 729 ,� Councilman Pernell said that one of the pressures on Rolling Hills when it incorporated was that Crest Road was shown on maps as a main county thoroughfare; through incorporation Crest Road has been maintained as. a private road, Councilman Pernell said he felt the plans of the Rolling Hills Women' s Club to finance expansion of the Crest/Crenshaw Gate should be studied, as it is his opinion that if an additional ,�. entry lane is constructed, the traffic will soon expand to match the ,� facilitye ;r "� l�irso Clifton explained that a need for addi:tional security has been :� demonstrated, and she said it can be accomplished in part by addition of a'°' another entry lane..for non-resident ,traffic similar to the gate systems � at the Main Gate and Eastfield Gate< . � Mayor Heinsheimer said it was his understanding that the Rolling Hills Community Association plans to proceed with the expansion, and he asked the City Attorney about the status of the agreement between the City and Association for operation of the gatese Mra Kinley said that because the City participates financially in gate operation, Counc�il has some jurisdiction, and the contract for gate operation provides that ; changes by the Association requi.re the consent of the City,, � Councilman Rernell suggested that the Council advise the Community Association that they are aware of the proposed improvement and wish to discuss it with the Board of Directors< RESIDENCE BURGLARIES 847 Mayor Heinsheimer reported that the Sheriff had notified the City that another gun was stolen in a residence burglary, and that of three such incidents , only one of the guns has been recoverede The Mayor asked that residents again be advised in the Newsletter of the danger of leaving guns in locations that are so easily accessiblee UNDERGROUND UTILITIES 860 Councilman Crocker asked that underground utilities be :returned to the agendae Councilman Rose suggested that the Planning C.ommission be requested to make recommendations for projects for which the City could consider matching funds which have been allocated for the purpose in the budgete ADJOURNMENT 867 There being no further i�usines.s to come before the Council, the Mayor adjourned the meeting at 11 :40 PaMo . City C APPROVED: , . r Mayor -8- ;