Loading...
8/23/1976MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA August 23, 1976 A regular meeting of the City Council was called to order by Mayor Rose at 7:30 P.M. Monday, August 23, 1976 at the Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL PRESENT: Councilmembers Crocker, Heinsheimer, Swanson Mayor Rose ABSENT: Councilman Pernell ALSO PRESENT: Teena Clifton City Manager William Kinley City Attorney June Cunningham Secretary Roger Meurer Meurer Engineering Robert Arpher Residents Mrs. P. Breitenstein Mrs. G. Leeuwenburgh Mrs. E. Schleissner APPROVAL OF MINUTES 1670 The Mayor ordered the minutes of the meetings of August 2 and August 9, 1976 held on the agenda. AIR POLLUTION CONTROL DISTRICT APPOINTMENT 1290 Mayor Rose said he wished to nominate Councilman Heinsheimer for appointment to a vacancy which exists on the Air Pollution Control District Board, and asked Councilman Heinsheimer to comment. Councilman Heinsheimer explained that Assembly Bill 250, passed by the Assembly on June 25, 1976 and by the Senate in August, created the South Coast Air Quality Management District to commence operation on February 1, 1977. The District will consist of those portions of Los Angeles, Orange, Riverside and San Bernardino Counties included within the areas of the South Coast Air Basin, and the County of Ventura and that portion of the County of Santa Barbara within the South Coast Air Basin shall be included upon adoption of a resolution of approval by the south coast district board of a request by the appropriate Board of Supervisors. Membership of the 10 member board will include one member of any city Council, except the City'Council( of Los Angeles, in the portion of Los Angeles County included in the South Coast District, appointed by the City Selection Committee of the League of California Cities. Councilman Heinsheimer said he would be interested in an appoint- ment to the Board, and he said that if the Rolling Hills Council con- curs, support should be sought from other cities in the district, particularly from local cities. Mayor Rose asked the Manager to send Councilman Heinsheimer`s resume with a letter signed by the Mayor, to the Air Pollution Control District, and said he would canvass mayors of the South Bay cities. CRENSHAW GATE SAFETY GLASS 1335 Mayor Rose asked Councilman Heinsheimer about his recommendation that safety glass be installed in the gatehouse -on Crest Road West. Councilman Heinsheimer said that last March a car struck the gate in that location, which went through the north window of the gatehouse. fly August 23,. 1976 No one was injured, as the guard was outside at the time. When he was advised of the incident,- Councilman Heinsheimer said he had suggested that the replacement be safety glass. installed in the north window. Mrs. Clifton advised the Council that the Board of Directors is planning.to refurbish the gate house, and because the cost of safety glass would exceed the budget, the Board had suggested that the Council might consider paying for safety glass. Councilman Heinsheimer said that when he made the comment, the Council paid 25% of the cost of the gate operation, but since the gates are now totally under the jurisdiction of the Board of Directors, it would not be proper for the City to contribute money for the glass. Mayor Rose -asked that the record show that both the City Council and Board of Directors had been advised that there is a safety hazard at the gate because of lack of safety glass, and failure to act in view of knowledge could result in substantial liability in the event ®G of injury. EASTFIELD GATE, PALOS VERDES DRIVE EAST LEFT TURN LANES 1386 ►;; Mrs. Clifton advised the Council that as directed at the last ra4 meeting, she had written to the City of Rancho Palos Verdes and re- quested that a left turn pocket on Palos Verdes Drive East at the intersection of Eastfield Drive be installed at the earliest opportunity, using other city funds, and stating that if the FA -U Funds assigned to Rancho Palos Verdes by Rolling Hills were not paid, Rolling Hills would pay the cost, not to exceed $2,500° Mr. Leonard Wood, City Manager of Rancho Palos Verdes, advised Mrs. Clifton that the work would be completed within the next three months, sooner if possible. Councilwoman Swanson said she felt the City of Rolling Hills should not participate in payment unless the project is completed within three months. Mayor Rose asked that the matter be returned to the agenda for a status report in three months. PUBLIC UTILITIES COMMISSION NOTICE OF HEARING 1400 Mrs. Clifton reported that in response to an offer by the Council, the Public Utilities Commission of the State of California set a hearing on the application of California Water Service Company for a rate change for Wednesday, October 6, 1976 at 10:00 A.M. in the Council Chambers of the Rolling Hills City Halle Mayor Rose asked that residents be advised in a Newsletter prior to the hearing. FINDINGS, DOG ATTACKS PERSON, ORDINANCE NO. 136 1423 The Manager advised the Council that copies of the findings concerning an attack by a dog owned by Dr. and Mrs. Ho We Higholt, 4 Ringbit West, on a realtor had been provided for information purposes. Further, Mrs. Clifton said she was advised by the owner that the dog was removed from the City, as it had become over -protective, even though the man who was attacked was an uninvited person on the property. TRAFFIC AND SPEED CONTROL ON EASTFIELD DRIVE 1436 Mrs. Clifton reported that one of the Automobile Club represent- atives has been away from the office for a few days, and a meeting had-' not yet been scheduled. The Manager said she would attempt to arrange for a meeting a.,s soon as„ pQssibleo DISASTER PREPAREDNESS 1440 Mrs, Clifton said she had discussed the proposed Second Annual -2- V 74 August 23, 1976 Disaster Exercise with Lt. Walter Thurner of Lomita Sheriff's Station, and he advised that exercises would be held in San Diego and Orange counties on September 21 and 22, simulating an earthquake, and on September 23 a simulated earthquake exercise would be held in this area, with first calls going out in the early morning hours. PUBLIC UTILITIES COMMISSION DECISION NO. 86087 1468 Councilman Heinsheimer reported that he had read material pro- vided by the Public Utilities Commission on their investigation into the determination of a lifeline volume of gas and a lifeline quantity of electricity, and the matter, through development, became a vast problem of implementation, because of varying needs dependent on climate and other conditions. RAPID TRANSIT DISTRICT 1500 Councilwoman Swanson said information regarding routes and schedules had been sent to all residents, and the City of Rancho Palos Verdes called Mrs. Clifton and asked permission to reproduce the letter and send it to their residents. Further, Councilwoman Swanson said the information contained in the letter had been used by other cities in the area. Present bus schedules miss the opening and closing hours of Penin- sula schools by approximately 15 minutes, and RTD is attempting to change the schedules to coincide with school times, since charter bus service is going to increase in cost this year, and it will cost approxi- mately $20 more per child to use charter bus service, she said. UNAUTHORIZED GRADING, 7 PACKSADDLE ROAD WEST, THOMAS ROBA 1540 In a letter dated August 10, 1976 the Los Angeles County Engineer advised Mr. Thomas Roba, 7 Packsaddle Road West, that ten days to submit plans and obtain a grading permit for work done on the property, as specified in notice given on July 23, 1976, had expired, and plans were not submitted. If plans are not submitted and a grading permit obtained within thirty days of receipt of the August 10 letter, the matter will be referred to theDistrict Attorney for enforcement without further notice to Mr. Roba. Mrs. Clifton said she would keep the Council ad- vised on the matter. UNAUTHORIZED CONSTRUCTION, 77 EASTFIELD DRIVE, ROBERT ARCHER 1558 In a similar notice dated August 10, 1976, the County Engineer advised Mr. Robert Archer that it would be necessary to submit plans and obtain a building permit for a horse shelter on his property at 77 Eastfield Drive. Mr. Archer was present at the meeting and advised the Council that he had constructed four steel pipe corrals, and because they were inside the regulation white three rail perimeter fence, no permit was required. Six months later Mr. Archer said he added a covering over a portion of the corral for shelter and did not apply for a permit, since the construction is still portable. If necessary, Mr. Archer said he could remove the shelter, but asked for clarification of the require- ment. Mrs. Clifton said the construction on Mr. Archer's property is not portable, since it is sunk into the ground; further, she said there is a difference between a corral, which is a fence, and a horse shelter, which is a structure. Mr. Archer circulated a picture of the corral to members of the Council. Mayor Rose ordered the matter held on the agenda for discussion with the City Attorney, who had not yet arrived at the meeting. -3- 175 August 23,. 1976 PAYMENT OF BILLS 1660. Councilman Crocker moved that Demands No. 556.8 through 5595 in the amount of $32,463.68 be paid from the General Fund. The motion was seconded by Councilwoman Swanson and carried.by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Swanson Mayor Rose NOES: None ABSENT:- Councilman Pernell FINANCIAL REPORTS 1685 The Financial Report for June 1976.and Fiscal Year Ending June 30, 1976 was approved on the motion of Councilman Crocker, seconded by Councilman Heinsheimer and carried by the following roll: call vote: C1: `a% AYES': Councilmembers Crocker, Heinsheimer, Swanson 17-1 Mayor Rose NOES: None ABSENT: Councilman Pernell ADOPTION OF BUDGET, FISCAL -1976/77 1700 Councilman Heinsheimer. recommended that discretionary items in the budget be considered, and he said that if the recreation fund were reduced from $30,000 to $20,000, the undergrounding allocation of $14,500 deferred, :the reserve fund reduced from $42,0.00 to $35,000, the tax rate could be reduced to 52� from the proposed 64�. Councilgoman Swanson said the.allocation for undergrounding remains in the budget from the last fiscal year and she would be reluctant to have it removed, since it is important to the Community.- Councilman Crocker said there is little demand for funds for undergrounding, and he thought.it could be removed from the budget, but he thought the recreation fund should remain. Mayor Rose said he wishes the recreation fund to remain, and he would be reluctant to remove the underground fund, since the utility poles are a scar on the community, and the fund should be kept in re- serve to aid residents who wish financial a§sigtance with private undergrounding projects which ultimately benefit the community. Further, he said the reserve fund should not be reduced this year, as there will be an additional sum of $34,000 available next year after completion of purchase of the maintenance building. The Mayor asked theCity Treasurer to comment, and Mr. Courtright said he had reviewed the budget, and felt that a reserve fund of $42,000 is appropriate, since it is approximately 10'/0 of the total budget, and she recommended 10% reserve as a target amount. Mayor Rose sai:.d> he was in favor of supporting the budget as it now stands. C RESOLUTION NO. 369 Councilman Crocker said he wished to move that the total recreation fund remain at $30,000, but that the allocations be changed as follows: Tennis, $14,000; Equestrian, $15,500 and Miscellaneous, $5,000, and to move that Resolution No. 369 entitled: A RESOLUTION ADOPTING A BUDGET FOR THE CITY OF ROLLING HILLS FOR THE FISCAL YEAR COMMENCING JULY 1, 1976 AND ENDING JUNE 30, 1977, 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. -4- August 23, 1976 The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Crocker, Swanson, Mayor Rose NOES: Councilman Heinsheimer J ABSENT: Councilman Pernell RESOLUTION NO. 370 Councilman Crocker moved that Resolution No. 370 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, FIXING THE RATE OF TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 1976 AND ENDING JUNE 30, 1977 be adopted, and that reading in full be waived. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Swanson Mayor Rose NOES: None ABSENT: Councilman Pernell DOG LICENSING PROCEDURE 125(2) The Manager reported that letters were sent to applicants who requested permission to keep more than three dogs, asking for additional information, as directed by the Council at the last meeting. To date only one reply has been received, and additional applications had been filed. The Manager asked whether the dogs should be licensed while the applicant waits for action on the applications In a letter to the Mayor dated August 23, the City Attorney ad- vised that an owner of more than three dogs on August 14, 1975, over the age of four months, must secure a license for each of the dogs, although the owner does not intents to obtain a permit to keep the additional dogs over three as required by Section 1305 of Ordinance No. 143. Further, the owner of more than three dogs over four months of age must license each of said dogs before he can apply for a permit from the City to keep the additional dogs. Finally, Mr. Kinley stated that the owner of more than three dogs over the age of four months on August 14, 1975 may not apply for and secure a permit for keeping the additional dogs over three without first licensing each of said dogs, as required by Section 411 of Ordinance No. 1360 Mrs. Emily Schleissner, 77 Crest Road East, asked for clarification of the requirement for a permit to keep more than three dogs over four months of age, providing they are neutered. The City Attorney explained that Section 1301 of Ordinance No. 143 states that "Any person who was the ownar or custodian of more than three licensed dogs which were more than four months of age on August 14, 1975, who desires to continue ownership and possession of such dogs in the City of Rolling Hills, shall, within ninety days after adoption of this ordinance, and yearly thereafter, file with the City Manager an application for a permit to retain ownership and possession of such dogs." Section 1313 of Ordi- nance No. 143 states that "The owner of more than three licensed dogs on August 14, 1975 shall not be required to comply with the provisions of Section 1301 of this ordinance, providing each of said dogs in excess of three is neutered prior to December 31, 1976." Therefore, Mrs. Schleissner is not required to file for a permit, since her dogs were neutered in accordance with Section 13130 -5- August 23, 1976 The Manager was instructed to accept applicationsfor licenses and to issue licenses for all dogs over four months of age, whether or not the owner files an applicationfor permission to keep more than three dogs. TENTATIVE TRACT 31437, WALTER STORM, JOHNS CANYON ROAD 191 The Mayor opened discussion of Tentative Tract 31437, a thirteen parcel subdivision on Johns Canyon Road, owned by Mr. Walter Storm. The Planning Advisor' -s Report dated August 17, 1976, as amended by the Planning Commission at their meeting on August 12, 1976, and a copy of the -tentative map signed by Chairman Forrest Riegel of the Planning Commission, were presented to the Council with excerpts of the minutes of the Planning Commission meeting on July 20, 1976. The Manager explained that at their meeting on August 12, -the Planning Commission had directed that the map showing parcels 1 through 11 be marked Exhibit "A", and the second sheet showing the parcel of land given to theCity of Rolling Hills by Mr. Storm, shown as Lot 13, and the land between the gift site and the subdivision, shown as Lot 12, f be marked Exhibit "B". The Council directed that the map signed by Chairman Riegel be marked Exhibit "A-1", and show that it was presented and discussed at the City Council meeting on August 23, 1976. Councilman Heinsheimer said he owns and resides on property ad- jacent to the proposed subdivision, and he asked the City Attorney to comment for the record on whether any discussion in which he partici- pated or whether his vote would constitute a conflict, because of his familiarity with the property. The City Attorney said that as a resident, Councilman Heinsheimer has a right to look out for the interest of his property, and since he is not an owner of the land under discussion, nor involved financially, there is no conflict of interest if he participates in the discussion and votes on the matter. Mr. Roger Meurer, engineer for Mr. Storm, explained that the tentative map presented to the Council incorporates requirements for the following changes specified by the Planning Commission: Easement markers of 4 x 4 steel posts, concrete filled, 54" high, painted white, with the word EASEMENT marked vertically on the side, at each side of each equestrian trail easement at the point where the easements inter- sect the cul-de-sac street, and a three rail fence along each side of the easement between Lots 5 and 6, constructed a minimum of 100 feet from the proposed cul-de-sac street. Further, the Manager said the cul-de-sac will have a 37 foot radius, to provide turning area for school buses and emergency vehicles, rather than the standard 25 foot cul-de-sac. Additional requirements of the Planning Commission in- clude dedication of construction rights on all lots except Lots 12 and 13 to one.single family residence and its accessory structures, and dedication of complete construction rights on Lots 12 and 13 except for fences, water troughs and other similar agricultural facilities to the City of Rolling Hills. Mr. Kinley said the dedi- cations would show on the title sheet of the final map. The Manager said the Planning Commission had modified the Subdivision Ordinance with regard to frontage _requirements, Section 5.04 (a) for Lots 5, 12 and 13, and depth and slope requirements, Section 5.04(c) for Lot 2. With regard to utilities., the Manager said there are no utilities on the property at this time, but all will have to be installed underground as required by the Subdivision ordinance, and two poles on Johns Canyon Road may be removed in connection with the development of the property. Councilman Heinsheimer suggested that other unimproved properties might have poles removed at the same time, and he suggested that the owners of those properties be con- tacted and advised of the financial assistance available, and the feasibility of participating at this time. The City Attorney asked that Planning, Paragraph 11 be changed to read "public" streets, rather than "private" streets. Ai 118 August 23, 1976 Councilman Heinsheimer said he considered the requirement for concrete filled 4 x 4 steel posts 54" as easement markers a safety hazard, and wished to have the requirement removed from the conditions of approval. The Manager said the requirement was adopted by the Board of Directors by resolution at the urging of Mr. Forrest Riegel, Trails Chairman for Caballeros.. Mayor Rose said he was present at some of the discussions and there was concern about trail easements which were required as a condition of subdivision, and which were subse- quently lost to the community because of inadequate delineation, plant- ing in the easement, and other factors. Mr. Meurer said that although it has been a requirement of the Community Association since September 1974, the easement markers had not yet been installed on any property, but would be placed on the recently completed Hix subdivision, which was the first subdivision recorded since the requirement went into effect. The Manager said that although it is a requirement of the Association and the City has not adopted a similar requirement, the Chairman of the Planning Commission had refused to accept and approve the tentative map until the trail markings were shown, and upon sub- mission of such a map, had signed the map to signify his approval. Councilwoman Swanson said she would discuss the matter with Mr. Riegel, since she is Council liaison with the Planning Commission, and advise him of the Council's opposition to the requirement as a safety hazard. Following discussion of the map and conditions of approval, a field trip was set for Sunday, August 29, 1976 at 9:00 A.M., and the matter was held on the agenda for the next regular meeting of the Council. APPOINTMENT TO SOUTH BAY JUVENILE DIVERSION PROGRAM 554 With the concurrence of members of the Council, Mayor Rose appointed Councilwoman Swanson to theSouth Bay Juvenile Diversion Program, and Councilwoman Swanson said she would be pleased to fill the vacancy caused by the resignation of former Councilwoman Dorothy Le Conte. CITY OF SOUTH GATE 565 Correspondence dated August 13, 1976 from the City of South Gate, and a resolution of that city strongly urging the Los Angeles County Board of Supervisors to reduce the district rates of taxes throughout Los Angeles County were received and filed. CITY OF LAKEWOOD 567 A letter dated August 10, 1976 from John Sanford Todd, City Attorney for the City of Lakewood, was presented to the Council. Mr. Todd advised that Cities in Los Anteles County, as well as the County, of Los Angeles, were being advised that a notice of appeal has been filed by the City of Los Angeles in.Los Angeles County Superior Court Case No. C 76041, City of Los Angeles vs County of Los Angeles, Cities of ARtesia, et al, and the cities would be kept informed on the matter. FAIR POLITICAL PRACTICES COMMISSION 580 The City Attorney asked that the matter be held on the agenda. The Mayor so ordered. PROPOSED ORDINANCE PROHIBITING DISORDERLY CONDUCT 583 A proposed ordinance prohibiting disorderly conduct, prepared at the request of the Sheriff, was presented to theCouncil. Mr. Kinley advised that he had taken a section of the California Penal Code for the ordinance. Councilman Crocker said the Sheriff had asked for a curfew and loitering ordinance because of a recent specific problem, -7- 1,79 - August '7o 'J August 23, 1976 and he would like to see a curfew included in the proposed ordinance. In discussing the matter, the Mayor suggested that "sidewalk be eliminated from paragraph (C), and Councilwoman Swanson suggested that "in the nighttime" be eliminated from paragraphs (D). & (E)o Following the discussion, the City Manager was asked to send the proposed ordinance to Capt. Richard Foreman of the Lomita Sheriff's Station, and ask for his comments; ebpecially ibith regard to a need for curfew regulations. PALOS VERDES DRIVE NORTH WIDENING PROJECT 649 The Manager distributed copies of a newspaper article advising that the proposed widening of Palos Verdes Drive North would not be on the Rolling Hills Estates ballot in November. Cuuncilwoman Swanson said she had called Councilman John Ander- son of Rolling Hills Estates to discuss a comment about Rolling Hills Oreported in a recent newspaper story about the Rolling Hills Estates '02 City Council meeting.- Councilman Crocker said Rolling Hills would be directly affected by the proposed expansion, since the City borders most of the southern side of the portion of the road being considered, and he asked that a questionnaire be sent to Rolling Hills residents, similar to the questionnaires which will be sent to the residents of Rolling Hills Estates by that city. FIRE DEPARTMENT ACTIVITY REPORT 6744` The Los Angeles County Fire Department activity report for June 1976 was present.ed.to the Council. Councilman Heinsheimer suggested that residents again be reminded that paramedic assistance is available to the'City.o SOUTH BAY BURGLARY TEAM The South Bay Burglary Team monthly activity report for July, 1976 was received and filed. PALOS VERDES POLICE ASSOCIATION 690 Councilman Heinsheimer circulated a copy of a statement from the Palos Verdes Police Association for a ticket to the Annual Police Show for the benefit of the Police Benevolent Fund for 1976-77. The letter stated that the fund provides assistance for the family of an officer who may suffer injury or death in the line of duty, and Coun- cilman Heinsheimer said the implication is that it is for the benefit of all Palos Verdes policemen':, when in fact, the return address is that of the City of Palos Verdes Estates, Councilman Heinsheimer said he had discussed the matter with Mayor Paul Peppard of Palos Verdes Estates. Mayor Rose suggested that residents be advised by Newsletter that solicitations are made on behalf of the Palos Verdes Estates Police Department, and no benefit is realized by the County Sheriff's Department, which is responsible for the rest of the Peninsula. DEDICATION, ERNIE HOWLETT.PARK 734 Councilwoman Swanson reported that she had attended the dedi- cation and ground -breaking ceremonies at Ernie Howlett Park in Rolling Hills Estates, and was impressed by the plans for the park and the facilities which will be included. August 23, 1976 LETTER OF CONGRATULATIONS, KEN PALKE 740 The Manager was asked to write a letter of congratulations to be signed by the Mayor and sent to Ken Palke, reporter the the Palos Verdes Newspaper, on his recent promotion, and to thank him for his service to Rolling Hills and the City Council. KILLING OF COYS 750 Councilman Heinsheimer said there have been recent incidents involving attacks by Goys on domestic animals, and another coy has been killed, but some still remain in the Johns Canyon area. ADJOURNMENT 753 There being no further business to come before the Council, the Mayor adjourned the meeting at 10:50 P.M. APPROVED Mayor 4 :1,- .z_ &Z city C1rk