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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
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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.
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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:
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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:
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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
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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.
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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
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