6/10/1991I
MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
June 10, 1991
A regular meeting of the City Council of the City of Rolling
Hills was called to order by Mayor Pernell at 7:35 p.m. on
Monday, June 10, 1991 in the City Council Chambers at the City
Hall/Administration Building, 2 Portuguese Bend Road, Rolling
Hills, California.
ROLL CALL
PRESENT: Councilmember Leeuwenburgh, Mayor Pro Tem
Swanson, Mayor Pernell
ABSENT:
ALSO PRESENT:
CONSENT CALENDAR
Councilmembers Heinsheimer, Murdock (excused)
Craig Nealis
L. D. Courtwright
Michael Jenkins
Lola Ungar
Nan Huang
Lucile Rogers
City Manager
City Treasurer
City Attorney
Principal Planner
Senior Accountant
Minutes Secretary
Mayor Pro Tem Swanson moved approval of the Consent
Calendar, Councilwoman Leeuwenburgh seconded and the motion
passed without objection.
a. Minutes of the Regular Meeting of May 28, 1991 were not
available. They will be placed on the Consent Calendar for the
Regular Meeting of June 24, 1991.
b. Payment of Bills - Demands Number 5500 through 5533 dated
June 10, 1991 in the amount of $25,758.85 were approved for
payment from the General Fund.
C. Correspondence from Los Angeles County Supervisor Michael
Antonovich regarding 1991 Air Quality Management Plan.
d. Status Report Regarding Utilization of Grey Water.
SPECIAL PRESENTATION
Special presentation from GTE
Peterson regarding additional
City.
California Area Manager Kevin
telephone lines within the
Mr. Peterson addressed concerns registered by Rolling Hills
residents and Councilmembers regarding the appearance of the
telephone cables currently being installed in the City. He
introduced Mr. Bob DeGarzo, Manager of the Engineering Department
for GTE in the South Bay.
Mr. Peterson reviewed the project, pointing out that it was
necessitated because of the tremendous increase in service
requested by residents, for additional telephones, FAX lines,
alarm systems, computer installations and other needs. The new
system is adding 20% more capacity, so the cables need to be
larger in diameter.
1
Rolling Hills City Council Meeting - 6/10/91
In reply to Mayor Pernell's question as to what other
options might be available, Mr. Peterson said the City could
declare an undergrounding district, but this would involve a
great deal of expense as well as coordination with Southern
California Edison and also with the cable television provider.
Mayor Pro Tem Swanson commented that if the City had been
given an opportunity to consult with GTE in advance, some changes
might have been made, and that the most economical way is not
necessarily the best way for Rolling Hills. She also expressed
safety concerns related to some of the installations. Mr.
DeGarzo stated that there were no unsafe conditions, even during
the construction phase.
Mr. Frank Hill, 11 Cinchring, asked if fiberoptics would be
an option if the City insisted that it be put in. Mr. DeGarzo
responded that fiberoptic cables would be substantially smaller
but additional electronics equipment would be necessary to make
it function.
Mr. Roland Hansen, 11 Eastfield, requested clarification on
the wires currently existing on Eastfield, asking if they were
providing extra service to the residents on Mustang in Rancho
Palos Verdes. Mr. DeGarzo indicated that this was the case,
pointing out that telephone wire center boundaries are not
established by city limits.
Councilwoman Leeuwenburgh reported that Councilmembers have
received many complaints on this matter. Mr. Peterson indicated
he had received no communications other than from the City
Manager.
Mayor Pro Tem Swanson objected to the yellow plastic
covering on the pole support cables. Mr. Peterson said that
current safety standards call for yellow in the interests of
visibility, but perhaps the coverings could be replaced with the
old gray material they used in the pat.
Mr. Roger Frost, 87 Eastfield, asked how undergrounding was
accomplished on Crest and on Portuguese Bend, who paid for it and
how fast could an undergrounding district be established. Mr.
Peterson replied that the PUC has provided a source of funding
through the Southern California Edison (SCE) bills that goes to a
fund available to the City which grows throughout the years.
These funds may be available for undergrounding. The other kind
of undergrounding districts are voted by the residents and when a
majority decides they want to have the utilities put underground
to improve their property values, the utility companies would
work with the City and it would be paid for by the residents.
Mr. Scott Gobble, Southern California Edison, added that in
the past to augment the funds available from the City, the
Planning Commission and City Council have made undergrounding a
prerequisite for new developments. In the Crest and Portuguese
Bend areas, Edison paid for removal of the overhead wires and
poles and the property owners paid for the undergrounding of the
utilities in the area and their service connections. He said
that approximately $130,000 has been stored up over the years for
Rolling Hills, and in today's dollars that would only pay for
undergrounding three or four poles.
Mayor Pernell requested that the City Manager continue talks
with GTE and SCE to see what can be done to mitigate the visual
pollution, and to look into the probable costs of the
alternatives.
`a
I -
I
1 -7
Rolling Hills City Council Meeting - 6/10/91
Ms. Nancy Hynes, 18 Chuckwagon, suggested that a survey be
made in the Chuckwagon-Eastfield-Chesterfield area to see what
percentage of the residents might be willing to pay to have their
homes hooked up to underground facilities.
Asked whether GTE could install fiberoptic lines if cost
were not a consideration, Mr. Peterson indicated that it is
physically possible but not economically feasible unless
legislation is passed allowing GTE to offer cable television as a
competitor to the present provider.
Mayor Pro Tem Swanson asked when the project would be
finished, and Mr. Peterson said it would probably take 90 days.
She requested that either Mr. Peterson or Mr. DeGarzo personally
check the installation, as she is concerned about sagging wires.
With regard to the yellow covering, she requested that Mr.
Peterson and the City Manager discuss whether it is really
necessary for safety.
OPEN AGENDA
No one present wished to speak on the open agenda.
PLANNING*COMMISSION ITEMS
A. RESOLUTION NO. 91-13: A RESOLUTION OF THE PLANNING
COMMISSION GRANTING A VARIANCE TO ENCROACH INTO THE FRONT
YARD SETBACK TO PERMIT A ROOM ADDITION, AN ENTRY AREA, AND
AN ADDITION TO THE GARAGE IN ZONING CASE NO. 452.
Applicant: Ms. Michell Mottola
Address: 7 Flying Mane Road
Principal Planner Ungar reviewed the proposed resolution,
which was approved by the Planning Commission at their meeting of
May 21, 1991. The total requested addition would be 440.5 sq.ft.
to the residence (for kitchen and entry improvements) and 200
sq.ft. to the garage, for a new structural total of 3,688 sq.ft.
or 7% of the net lot area.
B. RESOLUTION NO. 91-14: A RESOLUTION OF THE PLANNING
COMMISSION DENYING A REQUEST TO MODIFY A PREVIOUSLY APPROVED
SITE PLAN FOR THE ADDITION OF AN ATTACHED SINGLE CAR GARAGE
IN ZONING CASE NO. 437.
Applicant: Mr. & Mrs. Tony Lin
Address: 10 Portuguese Bend Road
Principal Planner Ungar reviewed the proposed resolution
denying the request due to the excessive size of the approved
residence and nonconformance with the General Plan requirement
for open space.
PUBLIC HEARINGS
None.
OLD BUSINESS
A. CONSIDERATION OF COSTS FOR THE ABATEMENT OF NUISANCE AT 53
AND 59 PORTUGUESE BEND ROAD.
City Manager Nealis summarized the background of this case
and the steps taken by the City to remove the potential hazard
caused by broken building foundations at both properties. Cost
estimates from the County of Los Angeles indicated a cost of
3
Rolling Hills City Council Meeting - 6/10/91
approximately $7,500 per property to abate the nuisances. Due to
the necessity of using 10 -wheel trucks instead of 14 -wheel
trucks, and because specialized equipment was needed for the
foundations, the actual cost of abatement totaled $25,878.49.
Mr. Campbell wished to dispute the costs and this was why this
item was being considered.
City Attorney Jenkins advised that all legal procedures had
been followed by the City.
Mr. Roy Campbell, 3 Running Brand, stated he represented the
owners of the property, which is currently held in a trust. He
distributed a letter dated June 10, 1991 (Subject: Consideration
of Costs for the Abatement of Nuisance at 53 and 59 Portuguese
Bend Road), adding facts for consideration by Council. Mr.
Campbell said he had a fixed price bid to perform the work for
$13,500 but his contractor had been denied access at the gate for
lack of.a demolition permit. Additionally, he was told by the
City Manager that the County contractor's bid was $15,000 (only
$1500 more than his contractor) and by the City Attorney's Office
that he would be charged only for actual demolition costs, not
for legal fees. He proposed that a compromise amount be found.
Mayor Pernell asked City Attorney Jenkins if the
representation had been made by his office that only demolition
costs would be charged to the property owners, and Mr. Jenkins
replied he did not know but it should not have been made. Mr.
Jenkins asserted that there was plenty of time between the
meeting of November 26, 1990 and the day the court order was
obtained on January 10, 1991 for the owners to have the work
accomplished if they intended to do so.
Mr. Campbell indicated that the previous owners denied
receiving the letters requesting the nuisance abatement, and
Mayor Pernell suggested Mr. Campbell's dispute should be with the
previous owners instead of with the City.
Mayor Pro Tem Swanson said she remembered Mr. Campbell had
said he intended to buy the properties, not that he had already
bought them, but he was aware of what was happening. She asked
if the County felt that the cost of the work performed was
charged fairly. Ms. Clarissa Watson, County of Los Angeles,
stated that the original bid was low because they were unaware of
the need to use 10 -wheel trucks and of the depth of the
foundations, so the work was actually performed at a loss.
Mr. Campbell reiterated that he could have done a much
better job for the City at a considerably lower cost if he could
have had the cooperation of the City.
City Attorney Jenkins advised that part of the problem was
that ownership of the property was in transition and the City was
never officially notified that Mr. Campbell was the record owner
of the parcels until the process was already under way and the
warrants in effect.
City Manager Nealis stated that the previous property owners
had a history of ignoring all communications from the City. He
denied that there was no communication between Mr. Campbell and
the City Manager's office between November 26 and January 29. He
mentioned numerous conversations in his office, by telephone, and
during and after Council meetings relative to the status of the
matter. He felt the cash bond offered by Mr. Campbell showed
good faith, but at that point the court order required the City
to abate the nuisance within 14 days or begin the process all
over.
4
I
1
I-
Rolling Hills City Council Meeting - 6/10/91
Councilwoman Leeuwenburgh moved that the cost of abatement
as presented by Staff be confirmed and -Staff be directed to
record the necessary lien if the cost is not received. The
motion was seconded by Mayor Pro Tem Swanson and passed without
objection.
NEW BUSINESS
A. RESOLUTION NO. 643: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA, ADOPTING AN AGREEMENT
BETWEEN THE CITY OF ROLLING HILLS AND THE SOUTHERN
CALIFORNIA HUMANE SOCIETY TO PROVIDE ANIMAL CONTROL SERVICES
FOR THE CITY.
City Manager Nealis reported that the new agreement is
identical to last year's agreement except for the following fee
increases: Shelter and Administrative Costs increase from $175
to $200 per month, and Field Service Costs increase from $22 to
$23 per hour with a minimum charge of one hour.
Mayor Pro Tem Swanson moved approval of Resolution No. 643,
Councilwoman Leeuwenburgh seconded and the motion passed without
objection.
B. RESOLUTION NO. 644: RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA, ADOPTING AN AGREEMENT
BETWEEN THE CITY OF ROLLING HILLS AND THE COUNTY OF LOS
ANGELES FOR THE EXAMINATION OF TRACT MAPS AND PARCEL MAPS.
City Manager Nealis reported that the agreements were
formerly written for four and five year periods and the current
agreement will expire on June 30, 1991. The County now proposes
to provide the services for one-year periods with automatic
renewals, subject to 30 -day notification if the City wishes to
terminate the agreement.
Councilwoman Leeuwenburgh moved approval of Resolution No.
644, Mayor Pro Tem Swanson seconded and the motion passed without
objection.
C. INTRODUCTION OF ORDINANCE NO. 232: AN ORDINANCE OF THE CITY
OF ROLLING HILLS EXPRESSING SUPPORT FOR THE USE OF MOTOR
VEHICLE REGISTRATION FEES TO FUND PROGRAMS TO REDUCE AIR
POLLUTION FROM VEHICULAR SOURCES, ESTABLISHING AN AIR
QUALITY IMPROVEMENT TRUST FUND, RESTRICTING THE USE OF
MONIES DEPOSITED INTO THE AIR QUALITY IMPROVEMENT TRUST
FUND, AND AMENDING THE ROLLING HILLS MUNICIPAL CODE.
City Manager Nealis explained that the proposed ordinance
and estimated share of Rolling Hills for the 1991-1992 fiscal
year of approximately $1500. More information is expected from
the South Coast Air Quality Management District.
Without objection, staff was directed to hold Ordinance No.
232 on the Agenda until the June 24, 1991 City Council meeting.
D. CITY OF ROLLING HILLS 1991-92 BUDGET.
City Manager Nealis reported that the proposed budget has
been considered by the City Council subcommittee (consisting of
Mayor Pro Tem Swanson, Councilwoman Murdock, City Treasurer
Courtwright and City Manager Nealis) at two meetings. Mr. Nealis
noted that although 1990-91 revenues are approximately $100,000
below expected levels, careful attention to expenditures will
enable the City to close FY 1990-91 with a net General Fund
revenue balance of over $13,000.
5
Rolling Hills City Council Meeting - 6/10/91
City Manager Nealis reviewed the expected revenues and
expenditures for FY 1991-92, stating that the City is in a secure
financial position and will maintain a prudent fiscal policy. He
expressed special thanks to Nan Huang and Diane Sawyer for their
assistance in preparing the budget documents. He also pointed
out that traditionally the budget is considered at a legally
advertised public hearing and that was not done for this meeting,
so if the Council desired it could be held over for a formal
public hearing at the June 24 meeting.
Mayor Pernell asked if the hardscape costs had been
considered in this budget and the City Manager replied that they
had not specifically, other than in the $50,000 Capital
Expenditure Section. Regarding the "Students and the Law
Program," Mayor Pernell asked if one of the other Peninsula
cities had withdrawn from this program. The City Manager said
the other city chose not to withdraw.
Mayor Pro Tem Swanson commented that the Finance Committee
felt there was a need to pursue verification of licensing of
animals, noting that the number of licensed dogs has decreased
dramatically while the number of dogs in the City does not seem
to have dropped. She also stated she was concerned about the
small amount allocated for Emergency Preparedness but was assured
that no more is needed until the plan has been developed. She
noted that Proposition A monies may become available for a joint
effort with the other Peninsula cities, the Palos Verdes Unified
School District and the RTD to fund transportation of students to
the new schools.
Mayor Pernell and Mayor Pro Tem Swanson commended the
Finance Committee, expressing special thanks to City Treasurer
Courtwright and City Manager Nealis for their hard work and
attention to detail.
Captain Bill Mangan, Lomita Sheriff's Station, reported that
an item to be discussed at the next Contract Cities Association
dinner is the recommendation by a subcommittee for a negotiation
with the County for an upgrade in the Liability Insurance
Component. He also stated that a "Students and the Law"
instruction program will be planned according to the amounts of
money available from the cities.
Mayor Pernell directed that the budget be held for a formal
public hearing at the meeting of June 24, 1991.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
A. Mayor Pro Tem Swanson reported that she met with Mayor
Muller and Councilman Swartzmann from Rolling Hills Estates as
well as the City Manager of Rolling Hills Estates regarding the
hardscape improvements as related to the Association
construction, to review the granting of easements, possible
trimming of trees, relocation of fences and trails, parking
plans, etc. Good cooperation was reported and no problems are
anticipated.
B. Councilwoman Leeuwenburgh reported dissatisfaction with the
minutes from the joint meeting with Rolling Hills Estates/Rolling
Hills Traffic Commission Subcommittee. She and the City Manager
will again submit their suggestions in writing to the Rolling
Hills Estates City Council and Traffic Commission members.
M
I'.
-1
Rolling Hills City Council Meeting - 6/10/91
MATTERS FROM STAFF
None.
MATTERS FROM THE CITY ATTORNEY
None.
CLOSED SESSION
The meeting was adjourned at 9:42 p.m. to a closed session
for the purpose of discussing pending litigation.
MEETING RECONVENED
The meeting was reconvened at 9:50 p.m. and adjourned at
9:51 p.m. to Monday, June 24, 1991 at 7:30 p.m.
Minutes S retary
APPROVED• f
ay
7