3/28/1988II
as
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IS
MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
March 28, 1988
A regular meeting of the City Council of the City of Rolling
Hills, was called to order at 7:30 p.m., in the Council Chamber at
the Administration Building/City Hall, 2 Portuguese- Bend Road,
Rolling Hills, California, by Mayor Swanson on Mbhdayj March 28,
1988.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
CONSENT CALENDAR
Councilmembers Leeuwenburgh, Murdock, Pernell,
Mayor Swanson
Councilman Heinsheimer (excused)
Terrence L. Belanger
L. D. Courtright
Betty Volkert
Anna Pulido
Ann Johnson
Douglas McHattie
Dr. Dave Basque
Mr. Roger Hawkins
Mr. Bill Horn
Mrs. Susan Jenkins
Mr. Yu -Ping Liu
City Manager
City Treasurer
Deputy City Clerk
Administrative Intern
Los Angeles Times
South Bay Engineering
Resident
Resident
Resident
Resident
Resident
The minutes of the regular City Council meeting of March 14,
1988, were removed from the Consent Calendar and held on the agenda,
due to the fact that they were not completed in time for the
meeting. Councilman Pernell moved to accept all remaining items on
the Consent Calendar as presented, and Councilwoman Leeuwenburgh
seconded the motion. It carried unanimously.
APPROVAL OF MINUTES
The minutes of an
was held on February 29,
of a regular meeting
were held on the agenda.
PAYMENT OF BILLS
adjourned meeting of
1988, were accepted
of the City Council,
the City Council, which
as written. The minutes
held on March 14, 1988,
Demands Nos. 2756 through 2766 and 2768 through 2784, in the
amount of $34,178.49, were paid from the General Fund. Demands Nos.
2749 through 2755 and demand no. 2767 were voided.
FINANCIAL STATEMENT
The financial statement for the month of February, 1988, was
accepted as presented.
OLD BUSINESS
DRAFT SUMMARY REPORT ON PRELIMINARY SANITARY SEWER FEASIBILITY STUDY
The City Manager explained that the Draft Summary Report on
the Preliminary Sewer Feasibility Study is intended to provide to the
City council several items. First, it is to create an executive
summary of the feasibility study. Second, it is to provide a
synopsis of the February 29, 1988, public hearing; specifically,
addressing the input of the panelists. And, third, the report
extrapolates series of questions and answers related to the questions
that were raised at the February 29 public hearing. The report is
also intended to provide a series of recommendations to the City
Council related to wastewater disposal, in general. The City Manager
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indicated that there were copies of the Draft Summary Report
available for members of the audience.
The City Manager reminded the Council that the report is
before them as a draft only, and is presented to them for their
review and comments.
Mayor Pro Tem Murdock commented that in the "Summary
Conclusions and Recommendations!" section of the report, she would
like the cost of installation of new septic tank systems discussed;
specifically, the approximate cost per foot of depth, depending upon
the type of subsoil that is encountered during installation. It was
Mayor Pro Tem Murdock's feeling that the public needs this
information for comparison. In some instances, the cost of
installing a new septic tank could be as great as the cost per
resident for installing a sewer system. Mayor Swanson commented that
companies have been contacted and asked to provide written
information of the type requested by Mayor Pro Tem Murdock. The City
Manager reported that, to date, this information has not been
provided. Another question raised by Mayor Pro Tem Murdock, in the
"Questions and Answers" section of the report, with respect to the
question on how much it costs to maintain the sewers, was who pays
the maintenance cost, the City or the property owner? Also, Mayor
Pro Tem Murdock asked for clarification regarding the $25,000 per
year maintenance cost for the mainline system and pump stations, and
asked if this would be prorated among the residents of the City or is
it a cost that the City would be paying. Mayor Swanson had the same
question regarding the $25,000 per year maintenance cost.
Councilman Pernell stated that, as he sees it, the question
isn't whether or not sewers would be desirable or beneficial, but
what costs are involved. The results of the survey which was sent to
all residents, indicated that a majority of the respondents feel that
$500 per year is a reasonable cost. However, as reported by ASL
Consulting Engineers, the estimated cost per parcel per year is
$2300, assuming that each parcel derives an equal benefit and,
therefore, is assessed equally. Assuming that the $2300 per year is
accurate, it is still almost five times greater than what most
residents feel is a reasonable cost. And further, more than 90% of
the landowners who responded to the questionnaire would consider the
$2300 per year to be an unreasonable cost for a sanitary sewer
system. Councilman Pernell remarked that, although sewers might be a
benefit, one must consider the costs and what people are willing to
spend. Councilman Pernell asked for clarification regarding the
recommendation by ASL Consulting Engineers that any sewers
constructed within the City in the future be designed to meet the
overall requirements of the report. The City Manager explained that
this recommendation addresses the technical issues that were
discovered during their analysis, i.e., the length of sewer runs, the
number and location of pump stations, and other engineering issues.
This should be looked upon as an overall system design, and should be
treated as a framework or skeleton. Councilman Pernell expressed his
concern that this recommendation leaves the impression that sewers
will be constructed in the City. He would prefer that it say, "If
sewers are constructed within the City ...'" Mayor Swanson reaffirmed
that the ASL Consultants did not conclude that the City should
construct sewers; they left it to the City to draw their own
conclusions. They only presented the City with a technical report.
Mayor Swanson commented that the issue at hand is to review and
comment on the report itself, and not to decide the issue.
With regard to the question, "Can residents in a specific area
of the City request sewers for their area?", Mayor Swanson questioned
whether the 25% referred to the number of residents or the total
property owned. The City Manager explained that it would be the
property benefitted. The Mayor asked that it be clarified in the
report. Mayor Swanson also suggested that recommended alternative
number 1, in the "Summary Conclusions and Recommendations" section of
the report, include sewer systems in addition to septic tank/seepage
Pit systems so that the public will have some comparison. The Mayor
asked for clarification of alternative number 4, that "A city-wide
sanitary sewer assessment district be more fully investigated to
ascertain the legal and financial requirements, procedures and
timeframes for forming such a district." The City Manager explained
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that at the meeting on February 29, an overview was presented; this
alternative suggests that more, specific information be obtained
regarding the legal formation'of an assessment district. Related to
this would be more specific information on how to go about financing
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the district and what the processI io establish a bond issue.
Mayor Swanson remarked �'t*hat several letters have been
received, commenting on the sewer feasibility study. The Mayor then
invited comments from the audience.
Mr. Bill Horn
16 Southfield Drive
Mr. Horn explained that he was unable to attend the February
29 meeting, but did send a letter expressing his concerns. Mr. Horn
then stated his concern regarding the effect that power outages would
have on the pump stations, and asked if the pumping stations would
all have separate power sources. Another concern expressed by Mr.
Horn was water -absorption and erosion as a result- of digging
approximately 25 miles of trenches, anywhere from 7 feet to24feet
co deep. Mr. Horn explained that as long as shale is left intact it
rJ isn't very permeable and provides a good means of water runoff.
Lo However, if the shale is disturbed and broken, it no longer provides
a means of runoff; instead, it collects the water,thus, generating
more ground water absorption than is currently produced by the septic
co tank systems. Mayor Swanson concurred that the report has not
addressed the issue of trenching and its effects, however, the
consultants have been asked to provide*information regarding this
matter. The Mayor asked the City Manager to respond to the question
of power outages and their effect on the pumping stations. The City
Manager stated that each of the pump stations would have a backup
system, an auxiliary power unit. In the case of individual homes,
the pump station would have tandem pumps, and they would also have an
auxiliary power unit which would not require electricity.
Dr. Dave Basque
49 Eastfield Drive
Dr. Basque stated that although 77,000,000 gallons of effluent
is discharged into the ground, according to the California Water
Plan, Bulletin 160-83, a large portion of this water is evaporated
and transpired into the vegetation. Dr. Basque also asked for
clarification regarding the hookup fee, whether it is $2700 or $725.
The City Manager explained that the $2700 estimate was an aggregate
figure, which included the $725 County Sanitation District's
connection fee and the Los Angeles County Engineers' Office
connection fee of $154. The balance of the hookup fee represents an
average cost of sewer lateral from the residence to the street, based
on $30 per foot.
Dr. Basque cited a study conducted by the Rand Corporation
entitled "Pioneering Process Plants", documents numbers R-2569 and
N-1709 DOE, which substantiate his opinion that projects of this type
overrun the estimated costs by 100-120%.
Mr. Roger Hawkins
37 Crest Road West
Mr. Hawkins asked if hookup would be obligatory, should the
City decide to construct a sewer system. The City Manager explained
that it would not be obligatory to hookup. However, if it were a
city-wide system, it would be obligatory to contribute to the
mainline system, the capital costs of the mainline sewer system. The
homeowner would not be required to hookup to that system if they did
not wish to do so.
Since Mr. Hawkins recently installed a new septic tank system,
Mayor Swanson asked Mr. Hawkins if he recalled the approximate cost
of that system. Mr. Hawkins said that it was roughly $10,000.
Mr. Hawkins also expressed his concern regarding trenching,
and said that he feels the consultants should be willing to back
their position regarding trenching with respect to liability, should
a landslide occur due to trenching.
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City Manager Belanger stated that the Final Draft Report would
be prepared and available at the April 11 meeting. The ASL
Consulting Engineers will be in attendance at the meeting on April
11, to answer questions that have been raised and, specifically, to
address the issues of the environmental impacts of constructing the
system, i.e., trenching, etc.
Mr. Courtright suggested that the public be informed that,
depending on how the sewer system might be financed, it may or may
not be tax deductible. If it is tax deductible, then the cost to the
property owner would be considerably less.
Mayor Pro Tem Murdock remarked that the proposed agenda for
the meeting on April 11 would appear to be quite packed. After a
lengthy discussion, it was decided 'to continue the matter of the
sanitary sewer feasibility study to the April 11 meeting, and set a
public hearing on April 25, 1988, to hear public testimony on the
proposed Ordinance for View Restoration and View Preservation..
Mayor Swanson reminded staff to put an article in the
newsletter informing the residents that the summary report is
available, and that the matter will be on the agenda for the meeting
on April 11.
MATTER OF NAMING STREET IN SUBDIVISION NO. 60, TRACT NO. 30345
The City Manager explained that Dr. Greenhut previously
requested that the street in this subdivision be named John Erik
Lane, in memory of his deceased son. At the time that the Council
received that request, they asked staff and Dr. Greenhut to consider
other names that would be more in keeping with the types of names of
the streets that the City currently has. The City Manager indicated
that staff has presented to Council a list of suggested names,
however, Dr. Greenhut continues to request that the street be named
John Erik Lane. Staff's recommendation is that the street be named
Canyon Mesa Lane, the reason being that the street is a small street
which comes off of Upper Blackwater Canyon Road, and three of the
lots overlook that property on something of a mesa.
Mayor Swanson added a couple of names to the list of
suggestions: Hackney Road and Roughrider Road.
Councilman Pernell moved that the name recommended by the City
Manager, Canyon Mesa Lane, be adopted. Mayor Pro Tem Murdock
seconded the motion. The motion passed unanimously.
ZONING CASE NO. 355, YU-PING LIU, 39 CREST ROAD WEST
Mayor Swanson explained that the Planning Commission report of
approval of Zoning Case No. 355, Yu -Ping Liu, 39 Crest Road West, a
request for a Conditional Use Permit for a tennis court, has been
appealed, and staff recommends setting the matter for a public
hearing to be held on April 11, 1988. Mayor Pro Tem Murdock so
moved, Councilwoman Leeuwenburgh seconded the motion, and it carried
unanimously.
NEW BUSINESS
REPORT OF PLANNING COMMISSION DECISIONS - MARCH 15, 1988
Zoninq Case No. 358. Donald Gales. 19 Middleridae Lane North
At their meeting on March 15, 1988, the Planning Commission
approved Zoning Case No. 358, a request by Donald Gales for a
variance to allow for encroachment into the side yard setback for the
purpose of constructing an addition to the existing residence. Mayor
Swanson asked the Members of the City Council if they wished to take
jurisdiction of this zoning case. There was no action to take
jurisdiction, therefore, the information was received for the file.
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Ordinance for View Restoration and View Preservation
The Planning Commission,''at their March 15, 1988 meeting,
recommended to the City Council approval and adoption of a proposed
Ordinance for' View Restoration and View Preservation. It was
recommended that this matter be set for a public hearing to be held
on April 11, 1988, however, after much discussion it was suggested
that the public hearing be held on April 25,1988. Mayor Pro Tem
Murdock moved approval of -setting this matter for a public hearing on
April 25, 1988. Councilwoman Leeuwenburgh seconded the motion, and
it carried unanimously.
OPEN AGENDA
Mayor Swanson opened the meeting to public comment from any
person in the audience who wished to address the Council on any item
not on the agenda. She requested that presentations be limited to
five minutes, and explained that no action would be taken at the
meeting, however, if necessary, the matter could be placed on a
co future agenda.
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Dr. Basque, 49 Eastfield Drive, addressed the Council
regarding the abatement of a nuisance, pursuant to Section 8.24.010
Of the Rolling Hills Municipal Code. Dr. Basque explained that his
neighbors bought an all terrain vehicle (ATV) for their son. Since
then, he has been driving this ATV around their property daily, and
it is disturbing him and two other neighbors (a total of 4 people in
all). Dr. Basque stated that the individual drives the ATV within
130 feet of his front door, beginning as early as 7:30 a.m. Sunday
mornings. Dr. Basque said that the people who are affected the most
are the Hedges, at 54 Eastfield; the ATV is driven within 85 feet of
their property. Dr. Basque said that the noise is incessant, and a
large amount of dust is created and stirred up from this, thereby
causing him great discomfort. Dr. Basque referenced the Code,
stating that the City can take action once notification has been made
that a problem exists. Therefore, Dr. Basque is hereby notifying the
City that there is a problem.
Councilman Pernell asked Dr. Basque if he had spoken to his
neighbor. Dr. Basque stated that he had talked to one of the
occupants of the residence, however, there hasn't been much
cooperation. Dr. Basque said that the residence involved is located,
at 52 Eastfield Drive. Mayor Swanson informed Dr. Basque that if it
is determined that this problem falls within the ordinance, the City
Manager will follow through with the enforcement.
Councilman Pernell asked if there is a law in the City
governing the level of noise that can emanate from any particular
property. The City Manager replied that the City does not have a
noise ordinance, only a noise element. The City does not have a
noise ordinance limiting the number of decibels emitted from any
particular property. Typically, however, in most residential
communities, 55 decibels is usually the limit.
I Dr. Basque commented that the noise is bothersome and, worse
yet, the noise is continuous. Dr. Basque explained that he was also
speaking for the Hedges because they were unable to attend the
meeting.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
There were no matters presented 'by Members of the City
Council.
ITWEVW"*�%U* j16*0AQW
Refuse Rate Increase
The City Manager reported that the County Sanitation District
No. 5 Board of Directors recently received a report about proposed
rate increases at various landfill sites. The two sites of most
interest to Rolling Hills are the Puente Hills Landfill and the South
Gate Transfer Station. The rates at these sites are proposed to
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increase $0.50 per ton. At Puente Hills, the rate would go from
$9.50 to $10.00 per ton, which is an estimated 5.26% increase. The
South Gate Transfer Station rate would go from $20.00 to $20.50 per
ton, which is an estimated 2.5% increase.
The proposed increases are significantly less than those of
the previous three years. The 1985 increase was 10.00% ($5.00 to
$5.50 per ton). In 1986, the increase was 27.3% ($5.50 to $7.00 per
ton). And, the 1987 increase was 35.7% ($7.00 to $9.50 per ton).
The lesser rate of increase should be a positive factor in th
on-going negotiations with BFI, regarding the City's refus
collection contract.
One other element that was discussed was the whole issue o
resource recovery, which some communities have instituted at
extensive levels and others are just beginning to talk about. One of
the provisions in the proposed extension of the City's refuse
collection contract will be a provision for resource recovery. It
may not be specific at this point in time but, at the very least,
there would be placed into the contract an option on the part of the
City Council that they be able to institute a mutually agreed upon
resource recovery program at some point in the future.
Mayor Swanson commented that the issue of resource recovery
has been discussed recently at the Board of Directors' meetings of
the Sanitation District. The general feeling is that something needs
to be done in view of the fact that the landfills are becoming full.
At meetings of the Mayors of the Peninsula, the possibility of having
a peninsula -wide resource recovery program has been discussed
informally.
MEETING RECESSED TO CLOSED SESSION
The meeting was recessed to a closed session at 8:50 p.m. for
the purpose of discussing personnel matters.
MEETING RECONVENED
The meeting was reconvened at 9:58 p.m.
ADJOURNMENT
Mayor Swanson adjourned the meeting at 9:59 p.m., to the next
regular meeting on Monday, April 11, 1988, at 7:30 p.m.
APPROVED:
Mayor
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City Cler}
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