2/14/1984•
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MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
February 14, 1984
A regular meeting of the City Council of the City of Rolling Hills
was called to order at the Administration Building, 2 Portuguese Bend
Road, Rolling Hills, California by Mayor Murdock at 7:30 P.M. Tuesday,
February 14, 1984. Monday, February 13 was a legal holiday.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
APPROVAL OF MINUTES
Councilmembers Heinsheimer, Leeuwenburgh, Swanson
Mayor Murdock
Councilman Pernell (arrived at 8:00 P.M.)
June Cunningham
Richard Esposito
Ron Molendyk
B. Cleveland
E. Hankins
W. Howe
L. Lusk
B. Raine
City Clerk
Palos Verdes News
Observer a
Residents
The minutes of a regular meeting on January 23, 1984 were approved
and accepted as written on a motion made by Councilwoman Swanson, sec-
onded by Councilwoman Leeuwenburgh and carried by the following roll
call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Swanson
Mayor Murdock
NOES: None
ABSENT: Councilman Pernell
The minutes of an adjourned meeting on January 30, 1984 were ap-
proved and accepted as written on a motion made by Councilwoman Leeu-
wenburgh, seconded by Councilwoman Swanson and carried by the follow-
ing roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Swanson
Mayor Murdock
NOES: None
ABSENT: Councilman Pernell
PAYMENT OF BILLS 465
Councilwoman Swanson moved that Demands No. 11560 through 11597
in the amount of $73,585.85 be approved for payment.from the General
Fund. The motion was seconded by Councilwoman Leeuwenburgh and car-
ried.by the following roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Swanson
Mayor Murdock
NOES: None
ABSENT: Councilman Pernell
FINANCIAL STATEMENT 472
Councilwoman Swanson reported that she had reviewed the Finan-
cial Statement for December 1983, which was held from the January 23,
1984 Council meeting, and moved that the statement be accepted and
approved as presented. The motion was seconded by Councilman Heins-
heimer and carried by the following roll call vote:
February 14, 1984
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Swanson
Mayor Murdock
NOES: None
ABSENT: Councilman Pernell
BURGLAR ALARM RESPONSE REPORT 525
A staff report advised the Council that Ordinance No. 202, adopted
on September 12, 1983, provides for a service charge to be billed to
and paid by the owner of an alarm system for each response to an activ-
ated alarm, and that the charge was developed on information provided
by the Sheriff which estimated that 33 minutes are required to respond
and investigate each incident, based on the cost per Sheriff's unit.
In December, 1983 letters were sent to 10 residents requesting payment
of $42.50 per incident for 13 response incidents and only one check
was received, and was returned, because there was some confusion due
to a letter sent to the residents by the Sheriff's Department which
referred to false alarms. Because the intent of the ordinance was to -
charge for each response, the matter was scheduled for discussion at
the first meeting in February 1984. A list of responses through Janu-
ary, 1984 indicated that 43 responses were made to 29 residences
since the ordinance was adopted, and no charges have been collected.
The City Clerk reported that a definition of False Alarm is contained
in paragraph (e) of Section 9.36.010 of Ordinance No. 202.
In discussing the matter members of the Council agreed that the
reference to false alarm should be deleted from the ordinance. Methods
of collecting charges, including assessing the owner on the City tax
bill, going through small claims court, or direct billing of charges
by the Sheriff were discussed, and the Mayor asked that it be on the
agenda of the next meeting, and that an amendment be prepared which
would delete any reference to false alarms from the ordinance.
OPEN AGENDA (Councilman Pernell arrived at 8:00 P.M.)
The Mayor announced that the meeting was open to comment from any
person in attendance who wished to address the Council.
FIRE FLOW REQUIREMENTS
Mr. William Howe, contractor for Mr. and Mrs. Larry Delpit,
owners of property at 45 Saddleback Road, advised the Council that
house plans for the property were approved in June, a grading permit
was issued in July, and a Conditional Use Permit for a tennis court
was approved by the Planning Commission. When he applied for the _-
building permit, Mr. Howe was advised that the required fire flow of
1250 gallons per minutes could not be met; that flow tests indicate
the flow is 1170 gallons per minute. Mr. Howe said the subject lot
is part of a recent subdivision, and when a new hydrant was installed
as part of the 1976 subdivision the water.system was brought up to..
the City's requirements, and in 1978 the Water Ordinance Department
of Los Angeles County tested the flow at 2100 gallons per minute for
five hours, prior to release of a bond to the subdivider. Mr. Howe
said that when the lot was created all requirements were met, and he
asked what could be done about the reduction in flow, stating that -
subsequent development development might have reduced the available flow. Mr:; -
Howe said, further, the inspector at the Fire Department had indica-
ted that they permit a 10% allowable variance, and the 1170 flow is
within that limit.
Mayor Murdock explained that matters presented to the Council.
during the Open Agenda portion'of the meeting are referred to'staff
for investigation and report, and are not acted on at the meeting:.
Councilman Pernell asked the City Attorney what the City's
liability would be if the Council waived the conditions which are
a requirement of the General Plan and current ordinances. Mr. Jenkins
said the Council should rely on expert advice, which in this case is
the Fire Department. Councilman Heinsheimer said it is inconceivable
that the flow has dropped from 2100 gpm to 1170 gpm in five years, and
he suggested that the applicant request data from the Fire Department.
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February 14, 1984
Councilwoman Leeuwenburgh said there is another lot in the
subdivision, also owned by Mr. and Mrs. Delpit, and she said an
effort should be made to determine the fire flow in the entire area,
and what the effect will be when that lot is developed.
Councilman Pernell said no compromise should be made, and he
suggested that the contractor attempt to find out why the fire flow
has diminished in so short a time. Mr. Howe was directed to bring
further..information to the next Council meeting.
Mr. Lowell Lusk advised the Council that he is the architect
for owner of property at 58 Saddleback Road, and when he attempted
to obtain a building permit he was advised that the fire flow on
that property, approximately 1/4 mile above the Delpit property, is
1215 gallons per minute. Mr. Lusk said he, too, was advised by the
Fire Department that a variance of 10% is permitted, unless the City
Council requires that the established fire flow requirement be met.
Further, Mr. Lusk said that in areas other than Rolling Hills, 750
gallons per minute is required. Finally, he suggested that the fire
()C) flow should be determined for each property before.any development
0 is initiated;including preparation of plans.
Councilwoman Swanson said the City has a map which shows the
m fire flow of all hydrants, and she suggested that the map be reviewed
CO and an attempt be made to bring all systems up to the required flow.
Q
CHANGE IN REQUIREMENTS RE: BASEMENTS 965
Mr. Bart Cleveland advised the Council that he is in the process
of developing Lot 96-2-RH, a newly created lot located at 2 Pine Tree
Lane, and the house is a single story residence with a basement, which
was designed to conform to the topography of the lot and was.approved
by the Architectural Committee. Mr. Cleveland said there is a small
area available for a swimming pool, and access :to the pool is through
the basement level. The approved plan has french doors and two windows,
and requirements adopted after the plans were approved by the Associa-
tion and submitted to the County for plan check,.in ordinance No. 203
limits basement access to one standard door opening not to exceed
3' x 6'8", and prohibits.any other exterior openings, sun lights or
similar devices. Mr. Cleveland said that because the ordinance became
effective after his plans.were submitted, he wished to request that
the Council waive the requirement in this case.
Mayor Murdock said it is her understanding that plans are required
�to conform to any ordinances in effect at the time the building permit
is issued. The City Attorney agreed, and said the variance procedure
is available for plans that do not conform with the Zoning Ordinance,
including new laws adopted while the plans are in plan check. Mr.
Jenkins said the Council could adopt an ordinance which would provide
a policy to "grandfather" a change, but it was his opinion that a
variance would be simpler, since an ordinance amendment is the way a
policy could be adopted which would permit the owner to proceed with
plans as approved, even though the laws change during the process,
unless the owner is vested, and he explained that vesting means that
the building permit has been issued and the foundation has been con-
structed. Councilwoman'Leeuwenburgh asked when the subdivision -which
created the lot was approved, and the Clerk reported that the final
map was recorded on July 28, 1983. Mr. Cleveland said his plans • ,
were approved and the final map was recorded before the ordinance -was
adopted.
Members of the Council agreed that amendment of the ordinance
to provide for grandfathering would be a lengthy procedure, and Mr.
Cleveland was advised to apply for a variance if he wished to keep
the features shown in his plan.
RESOLUTION NO. 523 1178
Councilwoman Swanson moved that Resolution No. 523 entitled:
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February 14, 1984
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS IN SUPPORT
OF ASSEMBLY BILL 2227 (FELANDO) WHICH EXEMPTS PUBLIC LIBRARIES FROM,
SALES AND USE TAX ON THE RENT OR LEASE OF VIDEOCASSETTES, VIDEOTAPES OR
VIDEODISCS AND ALSO EXEMPTS PUBLIC LIBRARIES FROM STATE AND LOCAL TAXES
ON ANY SALES OF PHOTOCOPIES SOLD THROUGH A COIN-OPERATED MACHINE be
adopted, and that reading in full be waived. The motion was seconded
by Councilwoman Leeuwenburgh and carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson
Mayor Murdock
NOES: None
ABSENT: None
Mayor Murdock said the resolution was prepared in response to a
request by the Director of Palos Verdes Library District, and because
it will provide local benefit..
MATTERS FROM THE CITY COUNCIL
RANCHO PALOS VERDES, LETTER.DATED JANUARY 24, 1984, RECREATION PROGRAM
In a letter to the City Manager Mr. Donald Guluzzy, City Manager
of the City of Rancho Palos Verdes advised that his City's Leisure
Services Department conducts recreation programs for developmentally
disabled youth and young adults, with participation by citizens of
Rolling Hills.. Mr. Guluzzy stated that Rolling Hills residents
represent 1% of the enrollment, and asked that the City share pro-
portionally in the $15,247.00 personnel costs for the program by
contributing $152.47 for calendar 1983. Following discussion, Mayor
Murdock said she would discuss the matter at'a meeting of the mayors
of Peninsula cities, since it was not agreed in advance that the par-
ticipating cities would be billed to recover personnel costs for the
program.
SCHOOL DISTRICT SITE
Mayor Murdock reported that the School District site on Crest
Road West has been vacated, and information has been conveyed to the
Board of Education by the Rolling Hills Community.Association with
regard to accepting the site into the Community Association, and Mrs.
Rose Lachman, President, will appear before the Association Board at
the next meeting. The Mayor said the Fire Department has expressed
some concern about the potential for vandalism on the site, since it
has been well publicized that the School District offices have been
moved, and she suggested that the School District be contacted and
asked about security measures.
Councilwoman Swanson asked how the site was acquired; whether
by eminent domain or by inverse condemnation, explaining that she
has been advised that the City has the right of first refusal if the
property is offered for sale, and if it was an eminent domain acquis-
ition, the price at the time of the acquisition is the price at which
it would be offered to the City. Members of the Council agreed that
the acquisition of the property should be researched.
PROPOSED CLOSING OF SOUTH GATE
The Mayor said she has been advised by Community Association
counsel that the Board of Directors is considering constructing a
permanent structure across Crest Road at the easterly boundary of
Rolling Hills to permanently eliminate access to the City from that..
point. The Council was notified so input could be requested from ,
the Sheriff and Fire Department, in the event that the Board decides
to proceed
PROPOSED THREE -CITY EQUESTRIAN COMMITTEE
Mayor Murdock reported that Mayor Bacharach of Rancho Palos
Verdes advised her that at their meeting on January 23, 1984 the
Rancho Palos Verdes City Council approved in concept formation of
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February 14, 1984
A three -city equestrian committee to work in cooperation regarding
trails used by residents of the cities. The Mayor said the matter
would be discussed at the Mayors' meeting, and she would report to
the Council.
TRAFFIC COMMISSION RECOMMENDATIONS 1328
Councilwoman Leeuwenburgh, Chairwoman of the Rolling Hills
Traffic Commission, advised the Council that the Commission met on
January'25, 1984 and made the following recommendations:
1. Installation of "Stop" sign to replace "Yield" sign and
painted stop advisory signs in road on Eastfield.Drive in the
visitors lane at Eastfield Gate entry to Rolling Hills.
2. Installation of reflectors on both sides of all gate
arms at each City entrance and exit.
3. Approval of new driveway access and removal of two
existing driveways on the Riegel property at 2 .Cinchring Road. -
00
O 4. Denial of request for three -.driveway entrances to the
A Juge property,.61 Eastfield Drive. Plans for proposed remodel
m of property .were referred to Architectural Committee and Plan -
Co ping Commission because of extensive deviation from development
Q standards of the City and Association.
5. ,Denial of proposal for circular driveway on Cary property,
6 Johns Canyon Road, because of proximity to proposed roadway,
existing roadway and.intersection.
With regard to Condition No. 5, Councilman Heinsheimer said the
property originally had a circular driveway, but the most recent own-
er of the property planted flowers in.a portion of the unpaved gravel
drive, limiting it to one access. Councilman Heinsheimer said.he,
wished to call the Commission's attention to the fact that if the
Commission approved the request, the driveway would be returned,.to.
the original configuration. Chairwoman Leeuwenburgh said the Traffic
Commission did not have that information.
6. Bushes and trees on Zila.property, 39 Crest Road, West;
Leake property, 2 Crest Road West and Heckman property,�,88 Crest
Road East to be pruned to increase sight distance.
7. Approval of roadway striping plan for Portuguese Bend
Road South to be the same as existing, after relocation of road-
way in slide area, with reflectors at curve near 62 Portuguese
Bend Road and reduction of speed limit at the curve from 15 mph
to 10 mph.
In discussing the recommendations, Councilman Pernell asked how
recommendations for trimming of overgrown shrubs and trees would be
enforced. He suggested that if property owners ignored requests to
trim overgrown bushes that impair visibility and are a safety hazard
the City have the work done if the hazard is in the easement, and .
bill the property owner. Councilman Heinsheimer suggested that a
written policy be developed, to be sent with the request to trim the
overgrowth.
Councilman Pernell suggested that the scope of the Traffic Com-
mission be expanded to include pedestrians and equestrians, since
the numbers of walkers and joggers is increasing and road safety is
a concern, because overgrown foliage forces both riders and joggers
to go into the road. Councilwoman Swanson suggested that a notice
be placed in the Newsletter asking residents to trim bushes and trees.
Councilwoman Leeuwenburgh said a portion of Portuguese Bend
Road South, in the Flying Triangle area, has been completed, and she
suggested that members of the Council visit the area.
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February 14, 1984
Following the report by the Chairwoman of the Traffic Commission
Councilman Heinsheimer moved that the recommendations be approved.
The motion was seconded by Councilman Pernell and carried by the fol-
lowing roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson
Mayor Murdock
NOES: None
ABSENT: None
PARTIES IN VACANT HOUSES 1544
Councilman Pernell said parties held in vacant houses are becoming
a problem in Peninsula cities, including Rolling Hills, and he suggest-
ed that residents be alerted in the Newsletter, with a request that
residents notify City Hall and the Sheriff of any vacant houses in
their neighborhood.
NEIGHBORHOOD WATCH PROGRAM 1579
Councilwoman Leeuwenburgh reported that she had met with two
representatives of the Rolling Hills Womens's Club and the.Sheriff
to discuss the proposed Neighborhood Watch program which will be
started in the community with the assistance of the Womens' Club.
TREE TRIMMING IN CRENSHAW AREA OF RANCHO PALOS VERDES
Councilman Heinsheimer suggested that Mayor Murdock discuss
with the Mayor of Rancho Palos Verdes the unsightly trimming of
trees that was done on Crest Road near Crenshaw Boulevard just
outside of the City of Rolling Hills.
ELECTION UPDATE 1612
The City Clerk reported that the two incumbent members of the
City Council filed nomination papers at the Municipal Election in.
April, and no other papers were taken out. Notice that insufficient
candidates have filed for office was published in the Palos Verdes
Peninsula News, as required by law, and the City Attorney advised
the Council of the alternatives available under Section 22843.5 of
the Elections Code.
RESOLUTION NO. 524
Councilwoman Leeuwenburgh moved that Resolution No. 524 en-
titled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS,
CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO THE OFFICES OF THIS CITY
THAT WERE TO BE ELECTED ON TUESDAY, APRIL 10, 1984 be adopted, and
that reading in full be waived. The motion was seconded by Council-
man Heinsheimer and carried by the following roll call vote:
I
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson
Mayor Murdock
NOES: None
ABSENT: None
By action of the Council the election scheduled to be held on
Tuesday, April 10, 1984 was cancelled, and Thomas F. Heinsheimer and
Godfrey Pernell were appointed members of the City Council for a term
of four years, to take office and serve exactly as if elected at a
municipal election for the office.
Councilman Heinsheimer suggested that the Council again consider
changing the date of the Municipal election to correspond with the
School District and Library District elections.
RECESS TO PERSONNEL SESSION
Mayor Murdock recessed the meeting to a Personnel Session at
9:30 P.M.
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February 14, 1984
MEETING RECONVENED
The meeting was reconvened at 9:50 P.M.
APPOINTMENT OF NEW CITY MANAGER
Councilman Pernell, personnel officer for the Council, reported
that after a thorough process.of recruitment and interviews, he wished
to move that the Council approve his recommendation that Ron Molendyk
be hired as City Manager. The motion was .seconded by Councilwoman
Leeuwenburgh and carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson
Mayor Murdock
NOES: None
ABSENT: None
ADJOURNMENT
The meeting was adjourned at 9:55 P.M. to Monday, February 27, 1984
at 7:30 P.M.
APPROVED:
9! .74tht�L
Mayor
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City Clerk