1/28/1985 121
MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HI�LLS, CALIFORNIA -
January 28 , . 1985 . .
A regular meeting of the City Council of the City of Rolling HilTs
was called to order at the Administration Building, 2 Portu�guese Bend
Road, Rolling Hills, California by Mayor Leeuwenburgh at 7 :30 p .m.
Monday, January 28 , 1935 .
ROLL CALL
PRESENT : Councilmembers Heinsheimer, Murdock, Mayor Lee�wenburgh.
ABSENT: Councilmembers Pernell, Swanson >
ALSO PRESENT: Michael Jenkins City Attorney
June Cunningham Deputy City Clerk
Tom Brohard Consultant
Chief. F. Brown L. A. County Fire nept .
� Chief R. Brunstrom L. A. County Fire Dept. �
� D. Bailey Southern California Edison
� Capt. E. Omohundro L. A.� County Sheriff
L. Lusk Architect
�L G. Shaw Architect
[� D. McHattie So. Bay Engineering Corp :
a . A. , G. Keene .. L. A. County Geologist .
� Mr.o & r![rs . H. Agid 'Residents �
, P. Belleville . "
W. Field ►� .
Miss A. Hoskins • . "
P�rs,. B. Raine "
Mrs. J. Saffo "
Mrs . V. Virtue "
APPROVAL OF MINUTES 800/2 �
Mayor Leeuwenburgh asked that the minutes of the meeting on .
January 14, 1985 be amended to state in the seaond paragraph, page 3
that ."some" information was sent to the Council, and on page 5 to .
state in the fourth paragraph that the motion was "seconded" by the
Mayor. The minutes as corrected were approved and accepted on a motion
made by Councilman Heinsheimer, seconded by Councilwoman Murdock and
carried unanimously. �
FINANCIAL STATE:�NT �
The Finan.cial Statement dated December 31, 1984 was approved and
accepted as presented on. a motion made by Councilman�Heinsheimer ,
seconded b.y Councilwoman Murdock and carried by the following roll
call vote : �
AYES : Councilmembers Heinsheimer, Murdock, Mayor Leeuwenburgh
NOES : None
ABSENT: Councilinembers Pernell , Swanson �
PAYMENT OF BILLS �
Councilwoman Murdock moved that Demands No. 505 through 524, also �
Demands No. 11779 and 11780 be approved in :the amount of $15., 539 .24
. for payment from the General Fund, and . that Demand No. 520 in the amount
of $1 ,462 ..16 be approved. for payment from the Fire and Flood Self Insur-
ance Fund. The motion was seconded by Councilman Heinsheimer and carried
by the following roll call. vote :
AYES : Councilmembers Heinsheimer, Murdock, Mayor Leeuwenburgh
NOES : None
ABSENT: Councilmembers Pernell, Swanson
. �2 2 January 28 , 1985
STATUS OF FI�E FLO�a IN ROLLING HILLS 840 .
Mayor Leeusenburbh introduced Los Angeles Gounty Fire Chiefs
, Frank Brown and Ray Brunstrom, and invited them to address the status
of fire flow in Rolling Hills . Chief Brunstrom said the matter has
been discussed previously with the Council , and durin� the past few
months a comprehensive review has been made to determine how the gen-
eral availability of �oater for fire protection compares with the City'-s
requirement of 1250 gallons per minute. It has been determined that
there are 186 hydrants in the City; 122 (71Q/o) of �the hydrants nrovide
1250 gpm or more, and of the remaining 29%, the following statistics
�oere provided:
1000 gpm but less than 1250 g�m - 55 hydrants (19'/0) �
750 gpm but less than 1000 gpm - 17 hydrants ( 9%) ,.
less than 750 gpm - 2 hydrants ( 1'/0) .
Chief Brunstrom said recommendations for long term and short term
improvements , separated for purposes of municipal planning, have been
included in his written report to the City P�anager dated January 24,
1985 . :�Iayor Leeuwenburgh asked Chief Brunstrum to comment on a state-
ment in the report that the school district property at 38 Crest Road
West does not have adequate hydrants or water mains on the pronerty at
this time, and any imnrovement would be the responsibility of the dis-
trict or a subsequent purchaser of the property if additional develop-
ment were proposed. Chief Brunstrom explained that the school district
is exempt under state law from complying with the City' s requirements,
but if the property is s�old and developed, additional hydrants would
be required to bring the property into compliance �with the City' s re-
quirements .
Chief Brunstrom and Chief Brown advised the Council that there
has been a significant and steady improvement in fire flow capability
in Rolling Hills over the past ten years, and requirements and compli-
ance are continually reviewed. Ma�or Leeuwenburgh thanked them on
behalf of the City Counc�il for the report and their attendance at the
me�e t ing.
APPOINT'MEi1TS TO PLANNING COMMISSION _
Mayor Leeuwenburgh said appointment of Cqmmissioners Field and -
Hankins to the Planning Commission through February 1, 1985 are due
to expire, and she wished to re-appoint them for a full four year
term. Appointment of Commissioner William Field and Evie Hankins .
to the Planning Commission. until February 1, 1989 was approved on 'a
motion made by Councilman Heinsheimer, seconded by Councilwoman Murdock
and carried by the following roll call vote : �
AYES : Councilmembers Heinsheimer, :�Iurdock, Mayor Leeuwenburgh
NOES : None
ABSENT : Councilmembers Pernell, Swanson
CITY SELECTION COMMITTEE �
Mayor Leeuwenburah reported that the City Selection Committee
of the League of California Cities will meet on April 4, 1985, and
a ler_ter has been received from the incumbent asking for the Council 's
support. The Mayor asked that any comments be forwarded to her.
ROLLING HILLS, THE EARLY YEARS .
Mayor Leeuwenburgh reported that complimentary copies of the -
book about Rolling Hills by A. E. Hanson, .the developer of the area,
are b�eing distributed to residents and their children upon request.
LEAGUE OF CALIFORNIA CITIES MEETING
The ;.�ayor announced that Councilman Heinsheimer will speak at
the League of California Cities meeting on the Queen Mary on Thursday,
February 7 , 1985 , along with Senator Robert Beverly, the League ' s �.
Legislator of the Year.
COUNCILMAN PERNELL ARRIVED AT 7 : 50 P.M.
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LETTER OF APPRECIATION TO RANCHO PALOS VERDES RESIDENT
Mayor Leeuwenburgh reported that Ms . Kathy Snell , a resident of
Rancho Palos Verdes, contacted the, City Hall to request the identity
of the owners of a .large do� she had found seriously injured near her
home. Subsequently the Mayor said it was learned that Ms . Snell had
found a large sheep dog which had been severely mauled by wild dogs
on a trail near her home in the Portuguese Bend area, and had carried
the anima.l to her home, then transported it to .a vet, where it remained
. in very ser.ious condition. The owners of the dog, Rolling Hi11s resi-
dents, were contacted, and the Humane Society was notified of the in-
cident . The Mayor said that with the concurrence of inembers of the
Council , she would. write a letter to Ms . Snell, thanking her for yer
action in the matter. .
� HEARING ON APPEAL OF DECISION• BY TRAFFIC CO:�'L�ISSION - P.. BELLEVILLE 938
iKayor Leeuwenburgh opened a fiearing on an appeal by Mr. and Mrs .
Philip Belleville of a decision by the Rolling Hills Traffic Commis-
sion on November 16, 1934 denying a request. for a dual driveway on
� the Belleville property at 12 Crest .Road East. The Mayor, in her _
� capacity as Chairman of the Traffic Comtnission, presented a report �
� in which she reviewed the recor3 of the Traffic Commission ..action in -
� regard to the request, and summarized previous action by. the Commis-
� sion in response to requests by. other residents who have wished .td have
dual driveways . `.�Mayor Leeuwenburgh said �no dual driveways have
� been ap.proved on major. thoroughfares , and she said there .have been .
three accidents in the past five years in the vicinity of the Belle-
ville property: Correspondence �presented in connection with the
appeal included a letter dated January 2, 1985 from Edward Carson
Beall and Associates , architects for �Mr . and Mrs . Belleville, signed .
by George C. Shaw, A.I.A.., who r.epresented the Bellevilles in their
presentations to the Planning Commission, Traffic Commission and City
Council; copy of a letter to Mr. and Mrs . Belleville dated January 10,
1985 from Ross Bolton, Registered Traffic Er�gineer for South Bay
Engineering Corporation; a le tter to the CityManager dated January 14,
1985 . from .Tom Brohard, Manager of the Transnortation Engineering De-
partment of Willdan Associates, a consultant: retained by the City;
and a letter dated January �27 , 1985 to. the Ci.ty Council from Joan
Saffo, 1 Crest Road East, �supporti�g the request for an additional
driveway as shown, and s�ggesting removal of a eucalyptus tree in -
the easement just east of the Belleville property. � The I�ayor said .
that in denying the request- the Traffic Commission cited volume of
traffic on Crest Road and increased hazards resulting from additional
- driveways .
Mr. Shaw addressed the Council and explained that the fi_rst sub- �
mittal to the Planning Commission was made on July 17 , 1984, and on
December l8, 1984 the application for a front yard variance for a
residential addition was approved. In the interim the plan was re-
viewed by the Traffic Commission, referred by that body to the Archi-
tectural Committee of the Rolling Hills Community As.sociation, and
subsequently to the Board of Directors . The proposed dual driveway
was re-located at . the suggestion of the Architectural C anmittee, the
new location was approved by the Board, and the request was denied
by the Traffic Commission based on their findings following a field
trip . Mr . Shaw said there are no fixed criteria in the City' s regu-
lations or ordinances concerning number or location of driveways ,
and it was his understanding that dual access driveways have been _
discoura;ed, but not prohibited. He said the Belleville property
has a 520 foot frontage, and the Traffic Engi.neers retained by the
City and by i�Ir . and Mrs.. Belleville were in concurrence about the _
sight distance required, notirig that the� both usecl criteria established
for high use heavily travelled streets which .aCcommodate more traffic
travelling at a higher. rate of speed than in Rolling Hills , and provid-
. ing for cars parked curbside. ` �
Councilman Pernell asked Mr . Shaw whether options for utilizing.
the circular driveway on the property as designed while limiting the
access to Crest Road had been considered, and he suggested that the
driveway ,access on the property could be developed within the fenced
area to run parallel to Crest Road and provide a second access to
the main entrance of the residen�e without requiring an additional
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� , January 28, 1985
driveway entrance from the road. Mr . Shaw explained that the fence
will be r.ioved to accommodate the horse trai.l, and relocation of the
. fence would no.t permit development ,of the driveway as suggested.
Councilman Pernell said he was the second nerson to arrive at the
scene of an accident near. the Belleville property in which a rider
was injured and the horse had to be destroyed; he �said further that
the 1450 ' elevation, which often has fog conditions , creates addi-
tional sight problems, and he would be opposed to an additional "
driveway in the area. Mr. Shaw said there is adequate sigh� distance,
and the fence was located to protect the horses .
Mr. Lowell Lusk, a member of the Board of Directors of the Rolling
Hills Community Association, advised the Council that he was present at
the Planning Commission w1len. the Belleville plan was first presented.
Mr. Lusk said the Planning Commission referred the request for a dual '�
driveway to the Traffic Commission, and when the Traffic Commission.
then referred the .matter to the Architectural. Committee, the Architect-
ural Committee interpreted the referral as a request �for assistance �n �
designing a safe driveway, and they virtually designed the driveway.
Their design required relocation of a fence, and the relocation of the
fence and design of the driveway was approved by the Board .of Directors .
Mr. Lusk said the Community Association does not prohibit dual drive-
ways but does discourage them; they worked with the applicant in this
case because they thought it was the wish of the City to have a safe •
second driveway presented. Mayor Leeuwenburgh explained that the
reason the Traffic Commission referred the matter to the Architectural
Committee was that the plan submitted to the Planning Commission was -
incomplete, since the residence addition had not -been designed at
that time. Further, th� .Mayor said the Traffic Commission' s meeting
scheduled for August .29, 1984 was cancelled at the request of Mr.
Belleville. Councilman Heinsheimer noted that the City's consultant
stated that sight distance at the existing driveway is excellent, and
the same sight distance is also available from the area immediately
east of the existing driveway, and he recommended that a single . .
driveway be located at either the existing location of access or at
a -new location approximately 100 feet east of the existing access point .
Councilman Heinsheimer asked the City Attorney if the Counc.il could
approve a second drive�aay if it was the Council ' s opinion. that traffic �
safety would not be jeopardized by addition of another driveway. Mr.
Jenkins said the Council would have to make findings to support such
a decision in view of their consultant ' s recommendation to the City
Manager, and he said appropriate findings woul.d state that the pro-
posed plan does not present undue traftic hazards . -
Mr. Belleville said the City` s traffic engineer made his obser-
vations from a parked car, and his traffic engineer made his obser- -
vation as he approached the area from a curve on the� road. Mr.
Belleville said the City' s consultant noted that the fence in its
present location and a eucalyptus tree presented sight obstructions ,
and he said the fence will be relocated and he is- willing to remove
the tree to improve safety conditions . Councilman Heinsheimer sug- �° � �
gested that the City' s consultant make a new recommendation based �
on Mr. Belleville' s proposal . Councilwoman Tlurdock said the fence
referred to is an Association fence, and it may not be practical to
move it to accommodate a resident . Mr . Belleville said in that case
he would ask the engineer if removal of the tree would suffice.
Mayor Leeuwenburgh invited comment from Mr. Douglas McHattie of
South Bay Engineering Corp. Mr. McHattie said the view obstruction
presented by a three rail fence is not as visually obstructive as a
large shrub, and he agreed that removal of the tree would improve
sight distance, stating there is not complete blockage of sight dis- .
tance by the tree and fence as they now stand. Mrs . Betsy Raine,
71 Portuguese Bend Road, said she is present to. represent Caballeros,
and on behalf of that organization she . expressed concern about the
safety of horses, and she said Caballeros would agree to having the
fence moved if it resulted in safer conditions for horses . Mr. Shaw
said representatives of Caballeros have seen the plan.
Councilwoman Murdock� said it would be helpful if the City' s a .
traffic engineer commented for the record, and Mayor Leeuwenburgh ;,.'
invited Mr. Brohard to address the meeting. Mr. Brohard said his. :.
principle concern is sight distance, which is 180 feet with the tree
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- January 28, 1985
and fence in place. If those obstructions were removed the sight dis-
tance would be 250 feet, which is the standard normally required.
Councilman Pernell asked Mr. Brohard whether his recommendation would
be changed if the obstructions were removed. Mr. Brohard said he would
like to visit the site again and view it with .respect to removal of the _.
obstructions . At . the Mayor ' s request Mr. Brohard explained to the
Council that "traffic conflict" is any potential accident, and he said
it is possible to plot the paths af vehicles and where they wi11 cross ,
and in considering a driveway it is possible to determine the potential
point of conflict. Mr. Brohard said that at a. T intersection there are
six potential points of con£lict involving the various maneuvers in and -
out of the intersection of a driveway with a road. , _
Councilman Pernell said in most situations the applicant is re= -
qui�ed to pay a fee to cover cost of considering the application, and . "
he asked whether a fee has been charged in this case in which the City �
has gone to extra .expense by hiring a consuTtant. Councilman"�Pernell
asked whether the applicant could be asked to pay costs . The �City��
Attorney said he. would reserve judgement and would advise the Council
(� at a later time.
� Councilman Heinsheimer said he thought .it appropriate to vote. on
� the .basis of� information presented at the hearing, or to ask the appel-
� lant whether he wi.shes to have the hearing. held. open. for discuss`ion •-
. � and preparation of a modified plan. . Mr . Shaw said he would be wil�:ing
Q to work with the City'.s traffic engineer, and Mr. Belleville agreed to
having the hearing held. open while his representatives work with �the
City' s consultant. With the consent of the appellant Mayor Leeuiaen- _
burgh continued the hear�.ng and hel�d the matter- on .the agenda.
Councilman Heinsheimer suggested that when the case is disposed
of the Council consider a fee schedule fo� future applications and
appeals to cover some of the costs involved. .
MEETING RECESSED
Mayor Leeuwenburgh recessed the meeting at 9 : 00 p.m. . -
MEETING RECONVENED � _
The meeting was reconvened at 9 :10 p.m. and the Mayor said that
Councilman Heinsheimer had been excused from the meeting. _
_ FLYING TRIANGLE UPDATE 968 . .
Copies of a letter dated December 10, 1984 from the Department
of County Engineer-Facilities, and signed by Arthur G. Keene, County
. Geologist, addressing Landslide Investigation Status Report V - Flying
Triangle East ; Flying Triangle West; Flying Triangle Main Mass were
distributed. The P�ayor said the correspondence has been received for
the f ile . � -
Mr. Herbert Agid, 60 Portuguese Bend Ro.ad, said recommendations - �
were made liy t�ir . Keene in earli�r status reports , and he asked whether
any of the recommendations had been implemented. Councilman Pernell
said the recor.unendations were made with respect to improvements on
private property, and those recommendations were forwarded to owners
of property in the Flying� Triangle. The Nlayor said that the City. is
a.cting as a liaison between the Community Association and the County,
and any questions regarding road maintenance or repairs should be
- presented to the Association. ' Mr . Agid asked whether any new recom-.
mendations have been made. . Mayor Leeu�aenburgh said the report before -
the Council is preliminary pending a final report from the County
Geology Section. Mrs. Betsy Raine, 7T Portuguese Bend Road, asked
, for clari:fication of paragraph 2, page 2 of the report dated Decem-
ber 10, 1984. Mayor Leeuwenburgh suggested that Mrs . Raine make
her request through the Community Association Board of Directors .
Councilwoman Murdock suggested that residents of the Flying Triangle
submit questions in writing to the Board for submittal to the County.
- Mayor Leeuwenburgh said a map was presented by the County with the
report; and .is available for viewing in the City Hall .
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January 28, 1985
NIATTERS FROM MEMBERS OF THE CITY COU�ICIL
. GRADING PROCEDURES �
Councilwoman Murdock reported that she and Planning Commissioner
Field met with representatives of the Los Angeles County Engineer in
the Lomita office to discuss grading procedures , and following an ex-
change of information and questions regarding regulations she and
Commissioner Field are working on wording to clarify requirements
and regulations , and the Engineering staff is working on revisions .
of procedures . Councilwoman Murdock said the Council and Planning
Commission will be kept informed in the matter.
MUNICIPAL LIABILITY INSURANCE .
Councilwoman Murdock said that in recent conversations with Mr.
Michael Bush of Cal-Surance she was informed that even fewer carriers
are now writing municipal liability insurance, and the situation has
deteriorated since the City' s insurance was cancelled. In contacting
the League of California Cities regarding the problem, Councilwoman
Murdock was advised that the League is pursuing legislatiori concerning.
joint severable liability, but there is no concerted effort. She sug- '
gested that members of the Council contact legislators regarding the
problem of obtaining insurance coverage for cities . Councilman Pernell �
said he has called Senator Beverly' s office and has discussed the prob-
lem with an aide.
MEETING ADJOURNED TO CLOSED SESSION
Mayor Leeuwenburgh adjourned the meeting to a closed session at
9 :30 p.m.
i�ETING RECONVENED
The meeting was reconvened at 11: 10 p,m. and the City Attorney
reported that in compliance with the Brown Act, under subdivision (a)
the Council discussed pending litigation in the case of Evans vs the
City of Rolling Hills et al regarding landslide liability, and that
he would submit a written memo regarding the closed session within
the next seven days , as required by law. �
COUNCILMAN HEINSHEIMER JOINED THE MEETING AT 11 :00 P.M.
ORDINANCE ESTABLISHING A MORATORIUM FOR CERTAIN ANTENNA - URGENCY 1899
The City Attorney r�eported that since the City Council and
Planning Commission rescinded the Conditional Use Permit issued
to Advanced Electronics for an antenna tower the Council has con-
sidered the impact of antennas on the residential quality of the
City, and he said a study should be made as to whether antennas
of that magnitude are appropriate in the City of Rolling Hills ,
and what regulations and requirements would be appropriate for
antennas , and whether the Zoning Ordinance should be amended with
regard to construction and operation of such antennas within the �
boundaries of the City. Mr . Jenkins presented an urgency ordinance
which, if adopted, would place a moratorium for a period of 45 days
on construction, erection, establishment or placement in the City
of Rolling Hills of any antenna in excess of eighteen feet in height.
The purpose of the moratorium would be to allow the Planning Commis-
sion and City Council ample time to review present requirements for
antennas and to make a recommendation for revisions of requirements ,
and Mr. Jenkins said the moratorium can be extended, if necessary,
for another period of. time after expiration of the forty five day
period.
ORDINANCE N0. U-47
Councilwoman Murdock moved that Urgency Ordinance No . U-47
entitled AN� ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING A .
MORATORIUM ON THE ISSUANCE OF PERMITS FOR CERTAIN ANTENNA AND DE-
CLARING THE URGENCY THEREOF be adopted. The motion was seconded by
Councilman Pernell and carried by the following roll call vote:
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January 28 , 1985
AYES : Councilmembers Heinsheimer, Murdock, Pernell
Mayor Leeuwenburgh
NOES : None
ABSENT : Councilwoman Swanson
The City Attorney explained that the Urgency Ordinance was
adopted by four members of the Council, as required, and becomes
� effective immediately.
MEETING ADJOURNED
Mayor Leeuwenburgh adjourned the meeting at Il :IS p.m. to Monday,
January 28, 1985 at 7 :30 p.m. ,
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