10/25/1993 MINUTES OF A REGULAR MEETING
OF THE
CITY COUNCIL
OF THE CITY OF ROLLING HILLS, CALIFORNIA
OCTOBER 25, 1993
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor
Murdock at 7:35 p.m. on Monday, October 25, 1993, in the City Council Chambers at the City
Hall/Administration Building, 2 Portuguese Bend Road, Rolling Hills, California.
ROLL CALL
Councilmembers Present: Swanson,Pernell,Heinsheimer, Mayor Pro Tem Leeuwenburgh
and Mayor Murdock.
Councilmembers Absent: None.
Others Present: Craig R. Nealis, City Manager.
Michael Jenkins, City Attorney.
Lola Ungar, Principal Planner.
Marilyn Kern, Deputy City Clerk.
Captain Herb Pettus,Los Angeles County Sheriff s Department,
Lomita Station.
CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any
Councilmember may request removal of any item from the Consent Calendar causing it to
be considered under Council Actions.
a. Minutes - Meeting of October 11, 1993.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
_ RECOMMENDATION: Approve as presented.
c. Financial statement for the month of September.
� RECOMMENDATION: Approve as presented.
d. City of Rolling Hills application for certification of franchising authority to regulate
basic cable service rates and initial finding of lack of effective competition.
RECOMMENDATION: Approve as presented.
e. Correspondence from Browning-Ferris Industries regarding recovered recyclable
material.
RECOMMENDATION: Receive and file.
f. Correspondence regarding California Water Service Company's Advice Letter No.
1315 relative to the Department of Health Services of Drinking Water Fees
Surcharge, Schedule No. DHS-1, for all communities served by California Water
Service Company.
RECOMMENDATION: Receive and file.
Mayor Pro Tem Leeuwenburgh moved approval of the recommendations contained in the Consent
Calendar. Councilmember Swanson seconded the motion which carried unanimously.
PLANNING COMMISSION ITEMS
None.
TRAFFIC COMMISSION ITEMS
A. ORDINANCE NO. 243. AN ORDINANCE OF THE CITY OF ROLLING HILLS
REGARDING PLACEMENT OF REFLECTIVE DEVICES ON OR NEAR
ROADWAYS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE.
Mayor Murdock called for comments regarding Ordinance No. 243. Councilmember Swanson
expressed concern that the meaning of the revised language might be interpreted differently in the
future. She indicated that the way she interprets the Ordinance is that it appears to prohibit
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reflective devices in driveways if the mlrror or other reflective device is visible from any roadway
at the terminus of any driveway. She stated that she feels that the way this is worded, it can mean
that a mirror placed on any driveway, in relationship to another private driveway near a roadway,
would be in violation and not permitted by this Ordinance even if it did not have any visual
consequences on the road. She e�ressed a feeling that in years from now it would take a
legislative analyst to figure out what the City Council enacted in 1993. She e�ressed that while
there may be a single instance with a problem with a mirror, that the City Council is over reacting
to a particular case and adopting an Ordinance to fit that case. She stated that she is concerned
about a potential liability for the City should the council prohibit residents from using a mirror in
order to safely and comfortably exit their driveway, either by vehicular traffic or on foot, by
themselves or with the children. She indicated that she had given preliminary approval to the
intent at the last meeting and will not do so at this meeting.
Mayor Pro Tem Leeuwenburgh explained that the Traffic Commission completely studied this �
Ordinance and that the City Attorney drafted the Ordinance according to direction of the Traffic
Commission and the Traffic Engineer. She stated that the Traffic Engineer has reported that this
type of device is not an acceptable traffic control device and that the State of California or other
major public entities do not recognize or permit use of mirrors for observation or control of traffic.
She further stated that by permitting mirrors, the City would be taking on a liability that they
should not have to deal with. She reported that approximately five requests for mirrors have been
brought before the Traffic Commission and that these cases were settled at the Traffic Commission
level. She reported that the problem with urging the resident who erected the mirror on
Portuguese Bend Road prompted the Traffic Commission to take action to recommend this
Ordinance.
Discussion then ensued regarding the amended language of "and visible from any roadway."
Councilmember Heinsheimer suggested that perhaps the meaning would be clearer and still within
the intent of the Traffic Commission that the Ordinance state "no mirror or other similar reflective
device should be placed adjacent to any roadway. Councilmember Pernell explained that the
amended language was added by the City Council so that the Ordinance would not prohibit
residents from installing mirrors on their private property as long as the reflective surface is not
visible from a roadway.
Councilmember Swanson questioned the City Attorney regarding the liability to the City relative
to ingress and egress of private driveways on to roadways within the City if the Council were to
adopt this Ordinance prohibiting a device which might enhance their visibility. City Attorney
Michael Jenkins reported that this is an issue of balancing safety interests. He stated that if there
is a reasonable perception that the safety of the traveling public is impaired by having the mirror,
then Council is certainly capable of determining how it wants to balance the respective safety
interests of the person exiting the driveway versus the safety of the public using the street. He
eXpressed his opinion that he does not think that the Council could be faulted or found liable for
making that sort of judgement. He further reported that the street itself is not owned by the City,
but privately owned and that the City is not responsible for dangerous conditions on the roadway.
He reported that it is his assumption that the Traffic Commission's recommendation was that their
has been a perception that it is dangerous to the traveling public to have mirrors or reflective
surfaces visible from the roadway, and this is what prompted the Ordinance. Mayor Pro Tem
Leeuwenburgh confirmed that this was the intent of the Traffic Commission and reported on the
history of the mirror that was placed on Portuguese Bend Road and the efforts made by the Traffic
Commission and the City Manager to see that the mirror was removed. She stated that this was
not an arbitrary decision, but rather the first time the Traffic Commission had a problem with a
resident not complying with a recommendation and that their was nothing on the books to enforce
their recommendations.
Councilmember Swanson responded that she encountered the mirror on Portuguese Bend Road
and while she did notice the mirror, she did not feel it was a problem or a danger. She further
stated that in her opinion, while the Traffic Engineer has been hired to make recommendations
to the City, the City Council, even though at times they may not agree, are the ultimate decision �
makers that make the final decision as to whether a recommendation is good or not.
Mayor Murdock called for further discussion on the issue and Councilmembers discussed that when
the driveway on Portuguese Bend Road was constructed, that there was no Planning or Traffic
Commission and that the vegetation and population were not at the same level as today and that
the Council needs to react to the changes. Councilmember Swanson stated that the Council
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e�ects the residents to be good neighbors�'aiid that�the Council as a body should not just legislate
but also be a good neighbor. She suggested that an appropriate individual talk with residents to
reasonably explain a situation instead of spending numerous hours discussing the enacting of an
Ordinance that will be a punitive for everybody. She further stated that there are no two driveways
within the City that are alike and that the Council will be enacting an Ordinance that will apply
to the entire City because it cannot deal-witk�;�onej4dri�eway.
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Mayor Murdock responded that she felt that the Council was not prohibiting anyone from using
any kind of a reflective device within the confines of their own driveway but rather only when it
is visible from a roadway. She stated that she found the mirror extremely distracting.
Hearing no further discussion, Mayor Murdock called for a motion. Councilmember Heinsheimer
- moved that the City Council waive further reading and adopt Ordinance No. 243 regarding
placement of reflective devices on or near roadways and amending the Rolling Hills Municipal
Code. Councilmember Pernell seconded the motion which carried by the following vote:
AYES: Councilmembers Pernell, Heinsheimer, Mayor Pro Tem Leeuwenburgh and Mayor
Murdock.
NOES: Councilmember Swanson.
PUBLIC HEARINGS
A. ZONING CASE NO. 480
DR. AND MRS. BARTON WACHS, 6 OUTRIDER ROAD (LOT 72-A-EF)
AN APPEAL OF A PLANNING COMMISSION DENIED REQUEST FOR A
VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM
ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD
SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING
CASE NO. 480.
City Manager Nealis introduced Zoning Case No. 480 and called on Principal Planner Ungar to
present the staff report. Mayor Murdock opened the public hearing and called for testimony.
• Criss Gunderson, Architect for the applicant, described the improvements and what the
applicants are trying to accomplish with these improvements. He reported that the
applicants have a need for additional space for their family and that the way the house is
situated on the lot as well as the size of the lot make it difficult to build within the setbacks
of the property. He also explained previous improvements to the property and the pad
coverage figures that the Planning Commission took exception to.
Mayor Pro Tem Leeuwenburgh questioned Mr. Gunderson regarding the width of the frontage on
the street and Councilmember Swanson asked if approval had been granted by the Community
Association Architectural Committee. Discussion then ensued regarding the roof line and the size
of the lot. Mayor Murdock eapressed concern that the plans do not accurately depict the size of
the lot. Mr. Gunderson responded that the break lines on the plans.indicate that the property lines
continue further and depicting them in this manner is a common engineering technique. He stated
that he would be happy to provide the City Council with an accurate plan showing the entire
property at the field trip.
• Mr. Barton Wachs, 6 Outrider Road, addressed the Council regarding the project and
e�lained that they had e�cplored other options to construct the room his family needs and
that the present plan best fits their needs and budget.
After discussion and hearing no objection, Mayor Murdock ordered that the public hearing be
continued to an adjourned regular meeting of the City Council scheduled for Saturday, November
13, 1993, at 8:00 a.m. for the purpose of conducting a field trip.
B. ZONING CASE NO. 497
MR. AND MRS. BERNARD HOWROYD, 7 MAVERICK LANE (LOT 28-SK)
AN APPEAL OF A PLANNING COMMISSION DENIED REQUEST FOR A
VARIANCE TO CONSTRUCT A GARAGE IN THE SIDE YARD SETBACK IN
ZONING CASE NO. 497.
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Principal Planner Ungar presented the staff report. Mayor Murdock opened the public hearing and
called for testimony.
• Criss Gunderson,Architect for the applicant, e�rplained that the applicants were not familiar
with zoning rules and regulations when they converted their garage into living space. He
reported that the present plan is an attempt to mitigate this problem. In an effort to explain
the hardship placed on his client, Mr. Gunderson presented an example to the Council
which depicts other residences in the area showing that other properties in the area
encroach into the setbacks.
Councilmember Heinsheimer requested that staff provide information at the field trip relative to
how many of the homes on the applicants example were actually variances granted by the City or
pre-existing conditions.
• Mr. Bernard Howroyd, applicant in Zoning Case No. 497, addressed the Council regarding
his plan to construct a garage and explained the history of his previous approvals and how
the costs to complete those plans became to great for him to complete. He further
etcplained his family's need for more living space and defended the conversion of his garage
into living space.
Discussion then ensued regarding the previous approval and the setbacks on the property.
Councilmember Pernell questioned why the applicant could not move the swimming pool. City
Manager Nealis reported to the Council on the previously approved plans for a subterranean
garage and other improvements to the property that have since e�cpired, the Planning Commission
felt that another location for a swimming pool would not be acceptable. Mayor Pro Tem
Leeuwenburgh requested that 10 foot and 20 foot setbacks be indicated on the plan.
• Criss Gunderson, Architect for the applicant, responded to Councilmember Pernell's
concern regarding other alternatives. He reported that other alternatives were researched
however, Community Association Architectural Committee felt those alternatives were not
acceptable as they relate to the roof line.
• Mr. Cosimo Cataldi, 4 Hackamore Ln., spoke to the Council regarding the Zoning Case and
indicated that he feels that residents should follow the rules and regulations of the City and
that he objects to this project.
Discussion ensued regarding the process of permitting variances and Mayor Murdock e�cplained that
the basis of hardship is decided upon the property, not on the property owner.
Hearing no objection, Mayor Murdock ordered that the public hearing be continued to an
adjourned regular meeting of the City Council scheduled for Saturday, November 13, 1993, at 8:00
a.m. for the purpose of conducting a field trip.
OPEN AGENDA APPROXIMATELY 8:00 P.M. PUBLIC COMMENT WELCOME
None.
OLD BUSINESS
None.
NEW BUSINESS
A. CONSIDERATION OF A PROPOSAL BY THE WILDLIFE PRESERVATION
COMMITTEE FOR A NATIVE PLANT DEMONSTRATION PROJECT
ADJACENT TO THE TENNIS COURTS.
City Manager Nealis presented the staff report. Councilmember Pernell asked how much space
that the Wildlife Preservation Committee is requesting to use for the Native Plant Demonstration
Project. City Manager Nealis reported that approximately 400 square feet has been proposed by �
the Committee. Councilmembers discussed this plan and indicated that the neighbors in the
surrounding areas should be notified of the Committee's intentions and that the landscape
consultant should be consulted as well. It was suggested that the Committee submit a written plan
regarding the project. Councilmembers concurred that staff should invite a representative of the
Wildlife Preservation to the next meeting to provide a written and oral report before funds would
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be allocated for this project.
Mayor Murdock reported that she has received correspondence from the Wildlife Preser�ation
Committee regarding a video on the flora and fauna of Rolling Hills which will be available to
residents and requesting that Councilmember Swanson record the introduction to that video
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because she was the Mayor at the time the Comniittee was formed. Mayor Murdock reported that
Councilmember Swanson has graciously agreed to do the introduction. Councilmembers questioned
if there were any costs related with the production of this video and staff indicated that there were
not.
Hearing no objection, Mayor Murdock ordered that consideration of the proposal by the Wildlife
� Preservation Committee be continued to the next regularly scheduled meeting. Staff was directed
to invite members of the Wildlife Preservation Committee to provide a written report regarding
the purpose and a description of the project and to make an oral presentation to the City Council
on their proposal at that meeting.
B. CONSIDERATION OF AN ORDINANCE OF THE CITY OF ROLLING HILLS
REGULATING COLLECTION OF SOLID WASTE AND RECYCLABLE
MATERIALS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE.
City Manager Nealis presented the staff report. Discussion ensued regarding the benefit of
regulating collection of solid waste by Ordinance versus an agreement. City Manager Nealis
reported that the Ordinance would enable the City to enforce participation of residents and various
other regulations relating to solid waste collection, as well as a section relating to the issuance of
a franchise agreement is addressed in the Ordinance and not in the agreement.
City Attorney Jenkins explained minor changes that have been made to the Ordinance and
discussed with the City Council the impact that this Ordinance would have should the City decide
. to join into a Joint Powers Agreement with other cities to provide solid waste collection. City
Attorney Jenkins stated that the Ordinance would improve the process.
Councilmember Heinsheimer moved that the City Council waive further reading and introduce the
Ordinance. Mayor Pro Tem Leeuwenburgh seconded the motion which carried unanimously.
• Chip Sholtz, BFI representative, reported to the City Council on green waste collection and
recycled compost that is being offered by BFI. He also invited the Council to tour the BFI
Facilities.
C. CONSIDERATION OF REPORT REGARDING DIRECTION FOR LANDSCAPE
MAINTENANCE SERVICES.
City Manager Nealis presented the staff report. City Councilmembers discussed the landscaping
requirements needed now that the new landscape improvements have been completed.
Councilmember Heinsheimer explained the advantage of having one contractor providing all
landscape maintenance service for the entire City Hall complex and suggested that City should
continue with Peninsula Landscaping on an interim basis. During further discussion, it was
suggested that staff expand the advertisement for the landscape maintenance service to include the
Los Angeles Times, Daily Breeze as well as the Palos Verdes Peninsula News. It was also
suggested that staff contact a local gardeners association to solicit bids.
Hearing no objection, Mayor Murdock ordered that staff prepare bid documents for Landscape
Maintenance Services for the purpose of soliciting bids for this service. Staff was further ordered
to return the bid documents to the City Council for consideration at the next regularly scheduled
meeting on November 8, 1993.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
A. CONSIDERATION OF APPOINTMENTS TO THE PUBLIC SAFETY
ASSISTANTS PROGRAM.
Mayor Murdock reported that she and Mayor Pro Tem Leeuwenburgh will submit the names of
Joe Hummel and John Welbourn for appointment to the Public Safety Assistants Program at the
Regional Law Meeting on Thursday, October 28, 1993.
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• 1Vlayor Murdock reported on correspondence received regarding National Family Week.
• Councilmember Heinsheimer expressed his gratitude to Councilmembers and staff for the
kindness shown after the death of his father.
• Councilmember Swanson reported on the City Selection Committee's recommendation to
the Executive Board that Nell Soto be appointed to the position on the AQMD seat vacated
by Henry Morgan.
MATTERS FROM STAFF
• City Manager Nealis provided an update on the Peninsula City Managers' discussions
regarding possible consolidation of municipal services on the Peninsula. --
MATTERS FROM THE CITY ATTORNEY
None.
CLOSED SESSION
None.
AD TOURNMENT
Hearing no further business before the City Council, Mayor Murdock adjourned the meeting in
honor of long time Rolling Hills resident and former School Board Member Arthur F. Stribley,Jr.
at 9:50 p.m. to the next regularly scheduled meeting of the City Council which will be held on
Monday, November 8, 1993,in the City Council Chambers a the City Hall/Administration Building,
2 Portuguese Bend Road, Rolling Hills, California.
� � . ����
MARILYN KERN
DEPUTY CITY CLERK
Approved,
JOD MU OC
MAYOR
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