2/11/1985MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
February 11, 1985
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 Leeuwenburgh at 7:30 p.m.
Monday, February 11, 1985.
ROLL CALL
PRESENT: Councilmembers Heinsheimer, Murdock, Pernell, Swansc
Mayor Leeuwenburgh
ABSENT: None
ALSO PRESENT: Joseph P. Leach
City Manager
Michael Jenkins
City Attorney
June Cunningham
Deputy City Clerk
Captain. E. Omohundro
L. A. County Sheriff
D. Over
Palos Verdes Penin. News
R. Areno
Browning-Ferris Industries.
D. Beaver
Removal, Inc.
D. McHattie
South Bay Engineering
M...Rouse
Transit Contractors
G. Shaw
Architect.
P. Belleville
Residents
L. Lusk
Mrs. B. Raine
Dr. F. Stanton
Dr. & Mrs. T. Wiener
APPROVAL OF MINUTES
The minutes of a joint meeting of the City
Council and*Planning-
Commission on January 21,.1985 were approved as
presented on.a motion
by Councilwoman Murdock, seconded by Councilman
Heinsheimer and car-
ried by the following roll call vote:
AYES: Councilmembers Heinsheimer,
Murdock, Pernell, Swanson
Mayor Leeuwenburgh
NOES: None
ABSENT: None
The minutes of a regular meeting of the City Council on Monday,
January 28, 1985 were approved as presented on a motion by Council-
woman Murdock, seconded by Councilman Heinsheimer and carried by the
following roll call vote:
AYES: Councilmembers Heinsheimer, Murdock, Pernell,
Mayor Leeuwenburgh
NOES: None
ABSENT: None
ABSTAINED: Councilwoman Swanson
PAYMENT OF BILLS
Councilman Heinsheimer moved that. Demands No. 525 through 547,
also Demands No. 11781 and 11782 in the amount of.$21,298.10 be
approved for payment from the General Fund. The motion was seconded
by Councilwoman Murdock andcarried by the following roll call vote:
AYES:
NOES:
Councilmembers Heinsheimer, Murdock, Pernell, Swanson
;Mayor Leeuwenburgh
None
ABSENT: None
129
February ll,, 1985
PROPOSITION "A" TRANSIT REPORT 85
Mayor Leewuenburgh invited Mr. Mitchell Rouse, president of
Transit Contractors, Inc. to address the Council on a,proposal for
a paratransit system for Rolling Hills, utilizing funds accrued to
the City by Proposition "A".- Councilwoman Swanson reported that
she and the City Manager had�met with Mr. Rouse to discuss transit
needs*for-the City. A recent survey of residents indicates that there
is a targeted 'need in Rolling Hills for after-school transit . , and Mr.
Rouse said paratransit for 3.8 hours per.day for five weekdays, total-
ing'19 hours -a week could be used as a pilot program to 'ascertain the
need. Mr. Rouse said a full time vehicle as used by other . cities on
the Peninsula costs $60,0-00 per.year to operate,- and he estimated that
a vehicle could be used in Rolling Hills for'
the hours sugg&stedfor
approximately $15 - 17 per hour. It was his suggestion that he he
given an opportunity to develop a.pilot program to be operated for a
few months using asmall van or taxi with a distinctive paint job for
identification to'the user group. -
(D Councilwoman Swanson asked whether the-City,could lease a 'Vehicle.
LO Mr. Rouse said that if response to the pilot project generates a.need-
0) for transit service eight' -passenger vans are available for purchase,
LL but in the beginning he would recommend that the City not pur . chase a
co Vehicle, using vehicles furnished as part of the trial Councilman
Pernell asked how long'it would take to determine whether the community
would use such a service. Mr. Rouse explained, that there areseasonal
differences in -demand, including use for* after school activities, or
transportation to the beach, and he
e said it would require three to six
months before the success could'be evaluated. -Mayor Leeuwenburgh asked
whether the proposed service would be limited to residents of Rolling
Hills only. Mr. Rouse said the service as he proposes it would be de-'
signed within the City's budgetary constraints, but could be expanded
as requested. Councilwoman Swanson noted that of the 49 responses to.
questionnaire, the30 who indicated that they wantedtransportation,
the majority expre.s.,sed a need for transportation for school age child-
ren, and she 'asked whether allneedscould be addressed. Mr. Rouse
said the service he has proposed would provide transportation to after
school activities for school age children; he said that if transporta-
tion to school was provided the City would run a risk of outstripping
their resources. Further, he said the service could be restricted as
needed in order to ration resources, or could be -opened up as directed
by the City.
Following the presentation Councilwoman.Swanson'said she thought
it would. -be useful for Mr. Rouse to meet with the City Manager to
discuss what can be developed for Rolling Hills. -Councilman Heins-
heimer suggested that the.Manager be authorized to proceed with the
meetings and report to the Council, and he suggested further that
Councilwoman Swanson continue to chair the activity. With the con-
currence of the City Council the Mayor so ordered.
OPEN AGENDA
.Mayor Leeuwenbur.gh opened the ageTida to presentation of non -
Agenda items by persons present at the" meeting.
RUBBISH SERVICE FOR CITY 415
president of Removal
Mr. Douglas Beaver, P Incorporated, advised
the Council that his company has recently merged with Browning Ferris
.Indus,tries and he stated that he considers the change beneficial in
many ways, explaining that his company will benefit from the resources
available under -the larger operation,. specifically with regard to in-
surance and equipment, and landfills with a forty year capacity will
be made available. Mr. Beaver introduced Mr. Ralph Areno, the General
Manager of the local division of BFI.
Mayor Leeuwenburgh said she and Councilwoman Murdock, the Finance
Officer for the Council had met previously with*M'r. Beaver regarding
the change in ownership and the City's rubbish franchise, and she
said they conveyed W, Mr. Beaver their desire that the current 'level
of service be continued. Councilwoman Swanson said she worked on the
original franchise with Removal, and she said the company has performed
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February 11, 1985'
well and has provided better service than the previous contractor,
which was BFI. Mr. Beaver said there has been a change of manage-
ment, and the good service will be continued. He said the same equip-
ment will be used, but will be painted blue to conform*to BFI equip-
ment. Mr. Beaver said that under.terms of the existing contract a
successor to Removal must be approved by the City Council.
Mayor Leeuwenburgh said the matter will be placed on the agenda
for the next regular meeting on February 25, 1985, and she asked the.
City Manager to meet with Mr. Beaver to discuss the franchise.agree-
ment.
ANNUAL CLEAN UP WEEK
Mr. Beaver said the Annual Spring Clean Up Week has been set
for April 8 - 13, 1985.
PERSONAL APPEARANCE, TED GOLDSTEIN 622
Mr. Ted Goldstein advised the Council that -he --has been appointed
by District Attorney.Ira Reiner to'serve as liaison officer with'all -
City Councils within Los Angeles County,.and he is present to intro-
duce himself and invite the..Council to call on the District Attorney's
office for any needed services. Mr. Goldstein said he has served as
a Deputy in Mr. Reiner's office when he was -Controller, and has con-.
tinued in that position since Mr. Reiner was elected District Attorney.,
Mayor Leeuwenburgh thanked Mr. Goldstein for his appearance.
CONDITIONS;OF APPROVAL, PARCEL 14AP NO. 14467 - 655
Mr. Douglas McHattie; South Bay Engineering, -advised that when
Parcel Map No. 14467 was approved, the conditions of approval set
forth in Exhibit A of Resolution No. 511 required in condition 4:
Offer by certificate on the parcel map the necessary.right.of way to
provide 50 feet from centerline as private and future street fqr
Crest Road East. Mr. McHattie asked that the reference to "future" .
street be deleted, since it is meaningless, and Crest Road East is
an existing street. .
Councilman Pernell•asked whether this had been brought to the
attention of staff. Mr. McHattie said it had been, and he was re-
ferred to the City Council, since the condition was part of a reso-
lution adopted by the -City Council. Councilwoman Murdock suggested
that Mr. McHattie's request be referred to the Planning Advisor, and
that Mr. Anderson be asked to make a recommendation to the Council
for consideration at the next regular meeting on February 25, 1985.
Mayor Leeuwenburgh so ordered.
PROPOSED -EMERGENCY DRIVEWAY FOR AGID-DOAK-NIXON PROPERTIES 684
Mr. McHattie said he has been attempting to develop an,alternate.-
driveway for the Agid, Doak and Nixon properties in the Flying Tri-
angle, since the driveway .to their properties.is':deteriorating rapidly
and will soon be useless. Mr. McHattie said he had met with Mr. Tom
Wachtell, owner of property at 35 Cresc'Road East" and Mr. Wachtell
has agreed to use of his driveway for access to Crest Road East in an
emergency, and Mr. McHattie said he is attempting to develop an alter-
nate access using the easement between the Wachtell and Severy proper-
ties. As a condition of use of the easement, Mr. Wachtell has asked
that he be indemnified against any adverse effect to his property as
a result of developinga driveway using his easement. Further, in
order to keep the proposed driveway within the easement Mr. McHattie
said it would be necessary to develop a grade of 25%, and he cited
other areas in the city where such grades exist.'.
In discussing the matter Councilman Heinsheimer suggested that
the Council comment in principle on whether to proceed with providing
the proposed alternate access to the three properties, and he said he
would be in favor of supporting the effort by considering the steep
grade and making staff time available if a package can be put together
for presentation. Councilwoman Swanson asked that the City Attorney.
be invited to comment. Mr. Jenkins said the alternate access is -a'
matter between the affected residents, and does.not involve the City.
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131
February 11, 1985
With respect to Mr.: Wachtell's request for indemnification, Mr.
Jenkins said that would not be possible, and he noted that the insur-
ance recently obtained,by the'City excludes liability for landslides..
*-Councilwoman Murdock said she agrees with Councilman Heinsheimer that
.the Council should support the residents in their efforts to have an
alternate access developed, but Council support should not be con-
strued as a directive to the residents to continue to spend money on
possible solutions. Councilman Pennell said'requests for exception
should follow the usual progression through Planning Commission, and
it -was his opinion that'the City would be receptive to recommendations
made by the Commission.
HEARING ON APPEAL OF DECISION'BY TRAFFIC COMMISSION, P'.' BELLEVILLE.790.
Mayor Leeuwenburgh opened discussion of an appeal filed by Mr.
Philip Belleville, 12 Crest Road East, regarding denial by the Traffic
Commission of a request for a dual driveway; and said the hearing on
the appeal was held on the agenda from the last meeting. Copies of a
plan which.was approved by the Board of Directors on February 7,1985
(D were distributed, and the Mayor explained that the plan incorporated
recommendations.that the fence be relocated and a 30" diameter euca-
lyptus tree be removed to improve sight distance.. In a letter dated
February 8, 1985 from the City' -s traffic --consultant, Tom Brohard, to
LL m the City Manager, Mr. Brohard reported that he met on the Belleville. -
property on Friday February 1, 1985 with Mr. George Shaw, architect
Q . for the Bellevilles, and Mr. Douglas McHattie of South Bay Engineering.
to discuss proposed modifications to improve sight distance. Mr. Bro-
hard stated that with removal of the 30" diameter tree, relocation of
the property owner's fence to a position 20 feet from the edge of the
pavement, relocation of the Association's fence.to a position 12 .feet
from the edge of the pavement and.the height limitation of 3 feet'for
the return portion of the Association's fence, stopping sight distance
at the proposed driveway would be approximately 300 feet, which.exceeds
the calculated stopping sight distance of 250 feet for existing con-
ditions at the location.
Mr. Shaw advised the Council that the Board of Directors. endorsed
the plan because of improved safety on the trail at that location, and
he said traffic data submitted for 1978 and 1983 indicates that the
accidents reported involved excessive speed .in which a single.vehicle
left the road, and did not involve driveways. Mr. Shaw said Mr. Bro-
hard made statements at the last.meeting regarding potential points,
of traffic conflict, stating that a driveway creates six potential-
points
otentialpoints of conflict. Mr. Shaw said the chances of conflict.do not.
increase with an additional driveway; the points are relocated, not
increased. The Mayor then closed -the public.hearing.
Councilwoman Swanson asked whether the plan has-been reviewed
by Caballeros. :Ir: Shaw said Neil: Zuelke, formerly trails chairman;
reviewed and approved the plan'as a member of the Board of.Directors
of the Community Association. Mrs. Betsy Raine, liaison member of
Caballeros who was present at the meeting, said she wished to have
the plan reviewed by the Caballeros Board. Councilman Heinsheimer
said that the plan has been approved by the City's traffic consultant
and the Board of Directors of the Community Association, and the City
Council should act; he then moved that the Council approve the plan
and accept the recommendations of the consultant. The motion was
seconded by Councilwoman Swanson,. and she asked that her second show
that it was based on complete removal,,not .a
trimming of the;tree,nd
approval _of the plan by Caballeros.
In discussing the matter Councilman Heirisheimer said he did
not accept the condition stated in seconding the motion, since the k..
appellant has met conditions and the Council should handle the
matter procedurally by adopting a resolution at the next meeting,
providing an opportunity for Caballeros to review the plan in the
interim. Councilman Pernell said the applicant has fulfilled.the
conditions and the City's traffic consultant.has approved the plan.
Mayor.Leeuwenburgh said the plan submitted to the..Board of Directors
was not, denied by the Traffic Commission and she said the Traffic.
Commission has not seen.the plan approved by the Board of Directors—
Councilwoman Murdock said it is essentially the same plan. Mr.
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132
February 11, 1985
Belleville said the location of the driveway has.not been changed,
but sight distance will be improved by moving the fence and removing
the tree. Councilwoman Swanson said that as a rider she wished to
state that moving the fence will be an improvement, and it was her
opinion that Caballeros should see the plan. Councilman Pernell said
he has an inherent objection to .second driveways, and considers them
obtrusive to the feeling of .the community. He said the present ac-
cess to the -Belleville property has been satisfactory.
Following the discussion Councilman Pernell moved that themotion
be amended to provide for review of the plan and comment by the Traffic
Commission and Planning Commission, as well as by Caballeros. The
motion was seconded by Councilwoman Murdock and carried by the follow-
ing roll call vote:
AYES: Councilmembers Murdock, Pernell, Swanson,
Mayor Leeuwenburgh
NOES: Councilman Heinsheimer
ABSENT: None _
Councilwoman Murdock said she is concerned about double driveways,
and it is her opinion that the Municipal Code should be clarified,
since there.is no ordinance at present regulating driveways. In this
case, she said the property owner has followed all recommendations
and the City's consultant has declared that the dual driveway will be
safe. Councilwoman Swanson said she will vote in favor of the plan,
since the applicant has complied and it was her opinion that disap-
proval would be arbitrary.
vote:
The motion as amended was carried by the following roll call.
AYES: Councilmembers Heinsheimer, Murdock, Pernell, Swanson
Mayor Leeuwenburgh
NOES: . None
ABSENT: None
Mayor Leeuwenburgh requested that the City Attorney prepare a
resolution incorporating the conditions of approval, for adopt on�by
the Council at the next regular meeting on February 25, 1985.- The
City Manager reported that the Planning Commission will meet on
Tuesday, February 19, and the revised map will be placed on the
agenda for review and comment by the Commission.
PUBLIC HEARING, PROPOSED AMENDMENT TO .ROLLING HILLS MUNICIPAL'CODE 1177-
Mayor
177
Mayor Leeuwenburgh opened a public hearing to consider a proposed
amendment to the Municipal Code and adoption of an ordinance entitled
AN ORDINANCE OF THE CITY OF ROLLING HILLS RELATING TO CONDITIONAL USE
PERMITS AND VARIANCES AND AMENDING THE ROLLING HILLS MUNICIPAL CODE.
The City Manager explained that the prtJposed ordinance requires ex-
ecution of an affidavit of acceptance following approval of Conditional
Use Permits and Variances stating that no conditional use permit or
variance shall be effective for any purpose until the applicant ex-
ecutes an affidavit provided by the City declaring that the applicant
is aware of and accepts the conditions that have been imposed upon the
permit or variance. Each conditional use permit and variance granted
shall contain a condition to this effect. The executed affidavit tshall
be recorded with the County Recorder. Mr. Leach said the City has been
advised that there will be a $7.00 fee for recording, and the City At-
torney suggested that the applicant be required to record the document.
There was no comment from the floor, and the Mayor closed the public
hearing.
Councilman Heinsheimer moved that the proposed ordinance.be
introduced. The motion was seconded by Councilwoman Swanson and
carried by the following roll call vote:
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133
February 11, 1985
AYES: Councilmembers Heinsheimer, Murdock, Pernell, Swanson
Mayor Leeuwenburgh
NOES: None
ABSENT: None
PLANNING COMMISSION ACTION, JANUARY 15, 1985 1200
Mayor Leeuwenburgh reported that.action by the Planning Commission
on January 15, 1985 was inadvertently omitted from the agenda, and in
order to be considered within time constraints -established in the
Municipal Code the information should be presented to the Council at
the current meeting. Councilwoman Swanson moved that the item be
added to the agenda. The motion was seconded by Councilwoman Murdock
and carried unanimously.
The Clerk reported that at the meeting of the Planning Commission.
on Tuesday, January 15, 19.85 the following requests were approved:
ZONING CASE NO. 307, JOSEPH CAPELLINO'.11 WIDE LOOP ROAD'LL -
L Conditional Use Permit for tennis court - approved
m ZONING CASE NO. 308, DR. RICHARD HOFFMAN. 3 HILLSIDE.LANE
a
Variance for residential addition encroaching into required
front yard setback = approved
The information was received for the file..
MATTERS FROM THE.CITY ATTORNEY
PALOS VERDES UNIFIED SCHOOL DISTRICT FEASIBILITY STUDY.
Mr. Jenkins said that in a letter to the Mayor dated February 8,.
1985 he enclosed a memorandum from Shelley Browne of his..firm dis-
cussing the feasibility study provided by the Palos Verdes Peninsula
Unified School District regarding•location of Maintenance/Operation
and Warehouse/Purchasing Facilities. Copies have been.given-to all
members of the City Council, and Mr. Jenkins asked that comment.s be
forwarded'to him after Council members have reviewed the memorandum.
MATTERS FROM THE CITY COUNCIL 1240
REVIEW OF GRADING ORDINANCE
Councilwoman Murdock -reported that she -and Planning Commissioner
Field have continued to work on reviewing the City's grading ordinance
and she has received a comment from Commissioner Field which will be
forwarded to Council members with recommendations for modification's
of the Code which will address the concerns of the Council without
major changes in regulations.
SOUTH BAY JUVENILE DIVERSION PROJECT `
Councilwoman Swanson reported that a request by South Bay Juvenile
Diversion Project for payment of $200, a.budgeted amount, can be met
without Council approval, since the allocation was made in the budget
-and held until requested. Councilwoman Swanson said a group called
Friends of Juvenile Diversion has been formed for the purpose of mak-
ing individual.sustaining private..donations.
MATTERS FROM THE CITY MANAGER
CITY OF ROLLING HILLS MONTHLY INVESTMENT REPORT
The City Manager presented a written report of investment•s.for
the City of Rolling Hills for the month.of January 1985 prepared
pursuant to Section 53646 of the Government Code. Mr. Leach said a,
statement of the City's investment policy will be placed on the next .
City Council agenda.
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February 11, 1985
RECESS TO CLOSED SESSION 1300
The meeting was recessed at 9:30 p.m. to a closed session to
discuss litigation in the Flying Triangle and personnel matters.
MEETING RECONVENED
The meeting was reconvened at 11:10 p.m. and Mayor Leeuwenburgh
reported that the Council discussed litigation filed by Anton Weber
et al against the City of Rolling Hills. In a personnel session the
Council agreed to an extension of the City Manager's contract through
April 30, 1985 asmoved by Councilman Pernell, seconded by Councilwoman
Murdock and carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Murdock, Pernell, Swanson .
Mayor Leeuwenburgh
NOES: None
ABSENT: None.
MEETING ADJOURNED
Mayor Leeuwenburgh adjourned the meeting at 11:15 p.m. to Monday,
February 25, 1985 at 7:30 p.m.
)City Clerk.
APPROVED:
Gt^ _J L R_ea A LA Q-A
Mayor
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