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3/28/1988II as [1 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 Di 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 97 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 ­i� ,s t 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. - 3 - 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. - 4 - M 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. ri 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 - 5 - T11 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 6 - City Cler} f1