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6/25/199000 T'i LO m a 44`'7 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA June 25, 1990 A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Heinsheimer at 7:30 p.m. Monday, June 11, 1990 in the Council Chamber of the City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL PRESENT: Councilmembers Leeuwenburgh, Murdock, Pernell Swanson, Mayor Heinsheimer ABSENT: ALSO PRESENT: CONSENT CALENDAR None Michael Jenkins J. Corbett P. Rippens G. Robillard D. Cotton K. Warner A. Johnson J. Heinsheimer F. Hill J. Pollock City Attorney L. A. County Fire Dept. Deputy Forester, Fire Dept. Attorney Cotton/Beland Assoc. Cotton/Beland Assoc. L. A. Times Landscape Committee Resident Resident L. D. Courtright, City Treasurer, asked that the Financial Statement for May 1990 be held for additional changes, and that the Audit Reports be considered with approval of a contract for audit services later in the meeting. The Mayor so ordered. Councilwoman Swanson moved that the remaining items on the Consent Calendar be approved as presented. The motion was seconded by Councilwoman Leeuwenburgh and carried unanimously. APPROVAL OF MINUTES The minutes of a regular meeting of the City Council on June 11, 1990 were approved and accepted as written. PAYMENT OF BILLS Demands No. 4654 through 4695, in the amount of $55,975.03 were approved for payment from the General Fund, with the exception of Demands No. 4653, 4655, 4665 and 4692, which were voided. APPOINTMENT OF ALTERNATE DELEGATE TO SANITATION DISTRICT The appointment of Mayor Pro to the County Sanitation District Heinsheimer was confirmed. EUCALYPTUS LANE UNDERGROUNDING Tem Pernell as alternate delegate to serve in the absence of Mayor Michael Jenkins, City Attorney, advised the Council that after researching the matter of requirements for undergrounding utilities on Eucalyptus Lane, he is of the opinion that the condition which was imposed for undergrounding on the tract when the property was subdivided survived as part of the agreement between the subdivider and the City, and the bond for the undergrounding remained in the possession of the City. Therefore, it is the Attorney's opinion that there is no further requirement on the part of the current owner of the property to provide for the undergrounding of utilities on the property, and that no money is due the property owner for such purposes. Since the bond has been called in, Mr. Jenkins recommended that the funds, in the amount of $12,000, be retained by the City for use in the eventual undergrounding, in the event the property owner and his neighbors form such a district. June 25, 1990 Mayor Heinsheimer directed that a letter be sent to Mr. John Pollock, the current owner of the property, clarifying the matter and reporting the opinion of the City Attorney with regard to the obligation. Ms. Gail Robillard, attorney for Mr. Pollock, askid if it would be possible to get the City Attorney's opinion recorded for the benefit of potential future owners of the property. Mr. Jenkins said there is currently nothing recorded against the title to suggest that there is an obligation, and he is not aware of any document that could be recorded specifying that there is no condition required on the property. Mr. Pollock said that when the property was being developed provisions for undergrounding were made, including installation of conduit for cables under the concrete driveway. Mr. Pollock said further that when it was determined in 1989 that the project would cost $33,000 he asked that the CityCouncil waive the condition and he was advised that undergrounding would have to be completed, since it was a condition of the final map. Since he is now being told that it is not a requirement, he asked that he be reimbursed for $5,000 out of pocket expense for the preparations. Mr. Pollock said that when his home was built he was given permission for a temporary hook up to the nearest pole, and his neighbor who built on the other lot created in the subdivision did the same, and both were informed that it would be necessary for them to eventually underground the utilities to the nearest vault, approximately 25 feet away. Councilwoman Murdock said that Mr. Pollock acted in good faith and under the assumption that the condition would be imposed, and since the City did receive $12,000 when the bond was called in, she would be in favor of reimbursing him for the cost of the installation of conduit under the driveway, and retaining the balance to be used in the event that an underground district is formed in the area. Councilwoman Swanson said she agrees with the concept, but was not sure it would be legal to refund money that has been posted for a specific purpose, since the money was posted specifically for undergrounding utilities. The City Attorney the money could be refunded, but it would be necessary to make a finding based on evidence that the conduit was installed under the driveway as a matter of convenience in anticipation of undergrounding utilities at some future time, since it did not materialize because of increased costs. Mr. Pollock said the condition for undergrounding is not recorded in the title policy, but is recorded on the title sheet of the tract map. Further, Mr. Pollock said the conduit is under driveways serving both his property and the adjacent property. Mr. Pollock's attorney explained that Mr. Pollock had relied on the belief that the requirement existed, and at that time the City Manager and the CityCouncil both maintained that the condition did exist. . Councilwoman Murdock moved that upon submission of documents supporting the cost of the installation of conduit under the driveways the Council reimburse Mr. Pollock for that amount spent in a good faith effort to comply with the conditions of subdivision as he understood them. Mayor Heinsheimer seconded the motion. In discussing the motion Mr. Pollock said he had spent approximately $5,700 on the installation, and Councilwoman Murdock said the amount approved in her motion should not exceed that amount. Councilman Pernell said he is concerned that Mr. Pollock spent the money on a neighbor's property, as well as his own. Councilwoman Swanson asked who posted the bond and was advised that it was posted by the subdivider of the property. The motion failed to carry on the following roll call vote: AYES: Councilmember Murdock, Mayor Heinsheimer NOES: Councilmembers Leeuwenburgh, Pernell, Swanson ABSENT: None :Y= June 25, 1990 Mayor Heinsheimer advised 'Mr. Pollock that since the motion to reimburse -him has failed the ' , City will provide documentation stating that he does not have an obligation to install underground utilities on his property. JOHNS CANYON SEWERS The City Attorney noted that a group of homeowners on Johns Canyon Road had approached the City Council with a petition for formation of a sewer district, and they were advised that it would be necessary for them to deposit funds with the City from which the City would pay for the engineering work to be done in connection with the sewer line. At that time the homeowners decided not to proceed with the petition because of the requirement for a $20,000 deposit. They then obtained another proposal which was just as expensive, and have decided not to proceed with a district and have advised the City of their wish to install pipe as a private sewer, with -homeowners paying for the engineering and installation, and -they asked the City to consider whether it would be possible to develop a mechanism in the event that the two property owners co who have indicated that they are not interested in participating, 7-1 or -their successors, may eventually wish to hook into the sewer Lo line,, paying a pro -rata share to the four property owners in the original district. Mr. Jenkins said there are two alternate solutions available: It is the City's understanding that the co property owners do not wish to proceed with the assessment district < -and the financing requirements associated with, a district. Mr. Jenkins said an assessment district can be formed without the necessity of financing the cost of the assessment. When the assessment district has been formed and all the hearings have been held and the procedings are completed, the property owners have thirty days within which to put up the cash. In a typical district involving bonds, he said, those who wish to put up the cash do so, and those who wish to take advantage of the financing will have a lien placed on their property, with an annual amount placed on their tax bills, which includes principle and interest payments for the, life of the bonds. In the alternative, he said, all the owners can, if they choose, pay within thirty days the entire cash amount towards the completion of the project. Further, Mr. Jenkins said it may not be clear to the property owners that as long as the protesting property owners do not compose more than 50% of the geographic area affected, and are therefore unable to protest the formation of the district, those uncooperative owners may be compelled to pay their share within the thirty day period. If they do not pay within that period of time, the City is legally entitled to compel payment by way of forcing the sale of those properties. Therefore, one alternative would be to proceed with the assessment district and compel non -participating property owners, as long as they do not comprise the majority sufficient to protest, by threat of sale of their properties; the second alternative would be to pursue the route suggested by the property owners, not involving the two property owners who have indicated that they do not wish to participate. Under that scenario, there is a provision in the law governing the Sanitation District which provides that when - sewers or facilities for sewers are installed and the District Board determines that is is necessary that such sewers or facilities be constructed for the benefit of properties other than those making the installationi which would be the properties of the non -participating home owners, and such sewers or facilities are dedicated to the public or become the property of the District, the District may agree by contract to reimburse the participants for - the cost of the sewers or facilities. The contract may provide that the District may collect from persons using the sewer or facility for the benefit of property not owned by the person making he installation, a reasonable fee or charge. If a person who does not wish to participate at this time eventually wishes to have his property connected, he may go to the Sanitation District and ask that his property be connected, since it will benefit from the sewer. The District may then charge that owner a reasonable charge which would then be paid back to the original group who installed the sewer at their expense. -3- r, Me IP -4b 450 June 25, 1990 In order for the procedure to work as described by Mr. Jenkins, he said it would be necessary for the Sanitation District to accept the sewer. Mr. Jenkins said he considers both options reasonable, and he suggested that Mr. Hamada, Principal Planner, be asked to contact the residents and advise them of the possibilities. Further, Mr. Jenkins said he would contact the appropriate persons at the Sanitation District and pursue the matter. Mayor Heinsheimer thanked the City Attorney for his report. OPEN AGENDA LOS ANGELES COUNTY FIRE DEPARTMENT Mayor Heinsheimer welcomed Chief Jay Corbett of the Los Angeles County Fire Department Chief Corbett advised the Council that concerns expressed at a recent Council 'meeting about conditions around the Fire Station on Crest Road West have been addressed, open trenches have been covered, electrical work has been completed, sprinklers have been installed, and the landscaping project is under way and should be completed by the end of the current week. Chief Corbett introduced Deputy Forester Paul Rippens who will monitor the work with regard to installation of the f.i_na.1. ground cover. Trees have been trimmed along the roadside east of the fire station. Chief Corbett said the landscape plan was submitted to and approved by the Rolling Hills Landscape Committee. Deputy Forester. Rippens advised the Council that he has observed that several eucalyptus trees in the community are dyairg because of infestation by the eucalyptus borer, and he said the potential for loss of the trees is increased by low humidity and lack of rainfall. Brochures from the Department of Forestry addressing the problem were provided to Council members. Deputy Rippens said beetles seek out weakened trees, and severe pruning in hot dry weather contributes to stress in the trees. He cited loss of several trees on the Peninsula following a severe hot spell in September 1988, and said it was caused by heavy infestation of beetles at that time. He suggested that an effort be made to have the trees trimmed by Edison done during winter months in an effort to cut down on the loss of valuable trees. Further, he said State regulations require removal of all trees, branches and limbs which have been removed in an effort to cut down on loss of trees by spread of the infestation. In response to questions from the Council, Deputy Rippens said the problem is not spread through chips placed on the trails, since chipping of tree branches kills the larvae. Deputy Rippens said questions regarding the problem of infestation of eucalyptus trees can be directed to Chief Corbett, who will refer the questions to him. Mayor Heinsheimer thanked Chief Corbett and Deputy Rippens for their appearance before the Council. DISASTER PREPAREDNESS Councilman Pernell said some consideration has been given by the Council to possible use of the Crest Road Fire Station as a strategically located command post in the event of disaster, and if undergrounding of utilities near that location is contemplated. such use should be considered as part of the planning. Mayor Heinsheimer said further consideration of the proposal will be discussed with Chief Corbett. STAFF REPORT FROM LANDSCAPE COMMITTEE A staff report from Julie Heinsheimer, Chairman of the Landscape Committee, was presented to the Council. The report advised that; during a walk-through study of the Tennis Court area, the Gate House, front of City Hall and the entry to the City, it was' determined that: -4- �1 F� 151 June 25, 1990 The irrigation system seems to have failed in many areas; pruning and removal of considerable material is necessary around the tennis 'courts and palm trees; some additional plant material is '"required to improve beds along. the parking area and for. tennis court screening, and there should be some reorganization of' bedding materials around the gate and Historical monument. The Mayor said only one bid has been received. Chairman Heinsheimer said the bid does not include the rear of the tennis courts adjacent to private properties. The proposal refers only to the maintenance and upkeep of the public side of the courts near the entrance to the City. Although the bid is somewhat high, she said it is her opinion that the work will be skilled, efficient and responsibly done. The Chairman. said she had walked through with the landscaper who made the recommendations and submitted a ,bid to do the work. If additional bids are sought, she said she would be willing to again -assist in determining what needs to be done. The City Treasurer said provision has been made in the Budget for improvements in the tennis court area, as well as 00 for landscaping. U) Mayor Heinsheimer appointed a committee consisting of Councilmesmbers Leeuwenburgh and Murdock to work with Chairman co HeEnsheimer and the Landscape Committee, and ordered the matter < held on the agenda for a report. PUBLIC HEARING GENERAL PLAN 'Mayor Heinsheimer- opened ' a continued publichearing on the revised ised General Plan, held from the May 14 meeting for additional changes. Mr. Ray Hamada, Principle Planner, said copies of a resolution adopting the General Plan and Certifying the Final Environmental Impact Report have been provided to the Council. Mr. Don Cotton of Cotton/Beland and Associates, Inc., consultant to the City in the matter, said the plan as presented 'to the Council is a legally adequate document, and includes revision to the General Plan relating to affordable second units, regulation of noise generators, and construction of certain roadway improvements. Mr. Cotton said Mr. Hamada has the official document, and if it is adopted the City is required to have the revised General Plan available to the public within 24 hours of adoption, and is required to provide copies of the document if requested within 48hours after adoption. Mr. Cotton said that if the Council adopts the General Plan the recommended changes and additions will be incorporated. He said the cost of providing copies should be determined. Mr. Cotton said the next matter to be taken care -of is amendment of the City's Zoning ordinance to incorporate the revisions to the General Plan,. and he said' that would probably be accomplished by September if there is a resolution to the question of affordable housing, and an amendment to the Housing Element of the General Plan could be made at that time. Councilwoman Swanson said she and Councilwoman. Murdock are working on the matter of affordable. housing, and may need an extension beyond September. The Mayor asked that the Committee report on the matter to the Council in September, and request an extension at that time if necessary. Mayor Heinsheimer invited comment on the revised General Plan from residents present at the hearing. There being none, he closed the Public Hearing. RESOLUTION NO. 617 Councilwoman Swanson moved that, Resolution No. 617 entitled: -5- 452 RESOLUTION OF THE CITY OF ENVIRONMENTAL in full be Leeuwenburgh AYES: NOES: ABSENT: June 25, 1990 THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING ROLLING HILLS GENERAL PLAN AND CERTIFYING THE FINAL IMPACT REPORT THEREFOR be adopted and that reading waived. The motion was seconded by Councilwoman and carried by the following roll call vote: Councilmembers Leeuwenburgh, Murdock, Pernell, Swanson Mayor Heinsheimer None None APPROVAL OF CONTRACT FOR AUDIT SERVICES A letter dated April 26, 1990 from Smith & Granstrom, Certified Public Accountants, was presented to the Council. In proposing to provide audit services for the City of Rolling Hills, Alan Kent Smith, a partner in the firm, advised that the fees are not expected to exceed $2,500. The City Treasurer said the firm had finished the last audit, and he recommended that the City request a firm charge for the service. Mr. Courtright said he would discuss the price with Mr. Smith and recommended that the proposal be approved subject to a firm figure not to exceed that already proposed. A motion to.approve the proposal subject to the City Treasurer's recommendation was made by Councilwoman Murdock, seconded by Councilwoman Leeuwenburgh and carried unanimously. PUBLIC HEARING FISCAL YEAR 1990-91 BUDGET The City Treasurer said the changes made in the proposed budget have now been incorporated, and the budget in final form is ready for review and adoption. Mayor Heinsheimer opened the public hearing and invited comment. There being none, the public hearing was closed and the budget was approved and adopted as presented on a motion made by Councilwoman Leeuwenburgh, seconded by Councilman Pernell and carried unanimously. INTERIM CITY MANAGER Councilwoman Swanson reported that a number of referrals have been made to the Personnel Committee and interviews are being conducted. It is anticipated that the position of Interim City Manager will be filled within a short time. CITY MANAGER SEARCH Councilman Pernell reported to Norman Roberts & Associates as candidates for the position will late in July. that applications are forwarded received and a list of potential be presented to the City Council RANCHO PALOS VERDES - DISASTER PREPAREDNESS In a letter dated June 7, 1990 Mayor Melvin Hughes of Rancho Palos Verdes asked that the City of Rolling Hills perticipate in a Peninsula -wide Disaster Preparedness Council. Mayor Heinsheimer said he would write and inform Mayor Hughes that members of the City's Disaster Preparedness Committee attended a meeting in his City, and as a result Rolling Hills is improving the City's disaster planning. RANCHO PALOS VERDES - COMMUTER TRANSPORTATION SURVEY In a letter dated June 14, 1990 Mayor Hughes advised that the Cities of Rancho Palos Verdes, Palos Verdes Estates and Rolling -9- J 453 June 25,i 19-910 Hills E'states, in partnership with Commuter Transportation Services, will be conducting a resident -based commuter transportation assessment survey. The Mayor said he will request that a- copy of the survey be sent to Rolling Hills. MATTERS FROM THE CITY ATTORNEY PROPOSED FRANCHISE AGREEMENT RE: CABLE TELEVISION The City Attorney reported that he has received a proposed draft Franchise Agreement from Dimension Cable Television. After reviewing the document Mr. Jenkins said there are a number of changes that he wishes to make in the style and format of the Agreement, although he does agree with the substance. Mr. Jenkins suggested that a meeting be coordinated with representatives of the City, the Community Association and Dimension Cable Television. The Mayor so ordered. 00 MATTERS FROM THE COUNCIL. JUGE PROPERTY, 61 EASTFIELD DRIVE co Councilwoman Leeuwenburgh asked whether something can be done < about the Juge property at 61 Eastfield Drive, stating that weeks go by without work being done, and she asked whether it could be fenced or declared a nuisance. The matter was referred to staff for inspection. BIKES ON TRAILS Councilwoman Leeuwenburgh suggested that the Motor Vehicle Code be amended to prohibit use of bicycles as well as motorcycles on the trails, to enable the Sheriff to cite violators. She said the matter has been brought to her attention by members of Caballeros, who are concerned about having the horses spooked. DAMMING OF WATERCOURSE ON PRIVATE PROPERTY Councilwoman Swanson said a private property in Rolling Hills has a dam installed, and as a result the natural watercourse has become dry. She asks whether something can be done about the adverse environmental impact that results. Councilman Pernell said he has observed that there is a pump on the property, and he said there is an assumption that the owner of the property is diverting the water for his own use for irrigation purposes. The City Attorney said he would review the matter and report to the Council. CLOSED SESSION Mayor Heinsheimer adjourned the meeting to a closed session for the purpose of discussing impending litigation. MEETING RECONVENED The meeting was reconvened. The City Attorney said several items of potential litigation as well as a matter of impending litigation in the matter of the Lewine and Thomas vs the City of Rolling Hills were discussed. The City Attorney was given certain directions with regard to the potential litigation. MEETING ADJOURNED Mayor Heinsheimer adjourned the meeting at 10:05 p.m. to Monday, July 9, 1990 at 7:30 p.m. APPROVED: Mayor -7-