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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 130 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. -3- 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. =4- 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: -5- 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. M 134 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 -7-