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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