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Poppy Trail Hillside Failure
DATE 3/30/05 City of Rolling Hills INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (3 1521 FAX 377 0 7-7288 E-mail cityofrh®aai.com FAX COVER SHEET TIME SENT: 4:00 p.m. TO: Honorable Mayor Godfrey FROM: Craig Nealis Pernell, Mayor Pro Tem Allen City Manager Lay, Councilmember James Black, Councilmember Frank Hill & Councilmember Tom Heinsheimer CC; City Attorney Mike Jenkins RHCA Manager Peggy Minor RHCA Inspector Roger Vink Captain Jay Zuanich Lt. John Herrera AreaG Coordinator Mike Martinet Fire Station 56 Station 106 Steven De Marr,.Inspector, Ron Sommer, Block Captain Bob Jonas Mike Reader, Group Delta Steven Kolthoff, Group Delta FAX: OPERATOR: SUBJECT: POPPY TRAIL HILLSIDE FAILURE UPDATE NUMBER TWENTY- ONE REMARKS: Hello Mayor and Members of the City Council, Attached is an e-mail that was submitted by Block Captain Ron Sommer. In addressing his questions, the access trail being used by Poppy Trail residents will be occupied by the drill rig as it accesses the lower trail to get to the lowest boring site. The Consulting Geologist will meet with the drill rig operator at 7:00 a.m. on.Thursday, 3/31. Bringing the drill equipment to the boring location will take approximately 30 minutes and will occur between 7 and 8 a.m. tomorrow. While the drill equipment is on the access trail, ATV's will not be able to pass. They will bring the equipment down as quickly as is safe to do so. CITY 000462 i ‘ise Ned City .0 Po/tiny YG Ld 50TH ANNIVERSARY 1957 - 2007 NO 2 ?ufrTl;uL.r.7c 6E1:0?(1P POLLING HILLS CALIF. 50274 0230 .7? -:_21 FAX.. r3JC• 377.72£;(: Agenda Item No.: 8-C Mtg. Date: 02-12-07 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ANTON DAHLERBRUCH, INTERIM CITY MANAGER SUBJECT: INCLINOMETER MONITORING DATE: FEBRUARY 12, 2007 RECOMMENDATION It is recommended that the City Council approve an agreement and purchase order with Group Delta Consultants for continued and on -going monitoring and analysis of the inclinometers installed on the Poppy Trail landslide. DISCUSSION Following the 2005 Poppy Trail landslide and construction of the alternative roadway around the landslide area, Group Delta Consultants, the City's geotechnical consultants, installed three inclinometers at the site. The inclinometers measure ground movement, providing the City's consultant with data to evaluate and report on landslide movement. For the near future, it is recommended that that City continue the monitoring of the landslide. Moreover, it is recommended that the City contract with Group Delta Consultants, who has workedwith the City from the outset of the landslide situation, to provide inclinometer monitoring, analysis and recommendations. Group Delta Consultants provides history and continuity to the on -going monitoring of the site. FISCAL IMPACT The contract with Group Delta Consultants specifies that the cost for each reading of the set of inclinometers is $1,000. -This amount represents eight -hours of work. During the wet, winter months, the consultant recommends that the inclinometers be read hvice per month. During the dry, summer months, the consultant recommends that the inclinometers be read once per month. The proposed purchase order is for an initial amount of $10,000.00 for 10 readings which will be scheduled in consultation between the City and the consultant. CITY 001276 :DELTA! Phase 1 &II, Geological and C"eotechnicai Report Poppy Trail Landslide Rolling Hills, CA June 13, 2005 Page 5 landslide crown in the landslide head area. Just below the main scarp is a zone of minor traverse cracks and scarps in the head area. Crown tension cracks are present along the driveway in the northern area and may have slaked off along the mid section southern portion of the main scarp retreating the main scarp westerly intotheguesthouse. Crown cracks can be seen along the northern walkway adjacent to the guesthouse and may be present under the guesthouse. Slaking along the crown cracks is evident from the accumulation of pavement materials along the bottom of the main scarp and upper portion of the landslide head. In the accumulation zone, traverse cracks and fissures were present up to 20 feet deep and traversed the total width of the landslide from flank to flank. The foot of the landslide had abundant radial cracks and traverse ridges. The toe moved across Poppy Trail at least 25 feet. An older crown crack, not related to the March 6, 2005 landslide, was logged in B-8. This crack terminated along a bentonite bed that correlates to the bentonite bed failure surface of the March 6, 2005 landslide. This crown crack in boring B-8 indicates the presence of an older landslide crown above the recent failure. 3.3 Aerial Photo Summary Aerial photos from 1954 to 1999 were examined to evaluate changes in the bluff due to natural and anthropogenic processes. The following summarizes the aerial photo evaluation. During 1954, the area along Poppy Trail was un-developed and the lot at #1 Poppy Trail consisted of a ridge and a very large landslide feature from the top of the ridge to Poppy Trail. A large landslide is present in the slope east of the present Poppy Trail Landslide. Another Landslide feature was also present within the larger landslide mass along the southern flank by Poppy Trail. Poppy Trail, in 1954, consisted of a dirt road that provided access to dirt pads up the canyon to the south. George FF. Canyon horse trail was present as a dirt trail and in the area of the present trail. In 1958, there was little, to very minor, changes to the area as compared to the 1954 photos. Poppy Trail was still a dirt road. During 1970, many pads, up canyon, were graded but #1 Poppy Trail was still natural with no grading. In 1979, #1 Poppy Trail pad and house was built. There were no trees around the residence or guesthouse. The slope below #1 Poppy Trail was natural and had a depression in the area where the older landslide was and where the March 6, 2004 landslide occurred below the guesthouse. 1-5999 Final Report.doe CITY 001509 Q•.ZJI,d1 50TH ANNIVERSARY 1957 - 2007 NO 2 PI RTUi LiE_E BEND POPP E'OLUyiG HILLS CALIF. 5,0224 (r34:;77 -i_21 FAX: r3303 377-723P.. Agenda Item No.: 8-C Mtg. Date: 02-12-07 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ANTON DAHLERBRUCH, INTERIM CITY MANAGER SUBJECT: INCLINOMETER MONITORING DATE: FEBRUARY 12, 2007 RECOMMENDATION It is recommended that the City Council approve an agreement and purchase order with Group Delta Consultants for continued and on -going monitoring and analysis of the inclinometers installed on the Poppy Trail landslide. DISCUSSION Following the 2005 Poppy Trail landslide and construction of the alternative roadway around the landslide area, Group Delta Consultants, the City's geotechnical consultants, installed three inclinometers at the site. The inclinometers measure ground movement, providing the City's consultant with data toevaluate and report on landslide movement. For the near future, it is recommended that that City continue the monitoring of the landslide. Moreover, it is recommended that the City contract with Group Delta Consultants, who has worked with the City from the outset of the landslide situation, to provide inclinometer monitoring, analysis and recommendations. Group Delta Consultants provides history and continuity to the on -going monitoring of the site. FISCAL IMPACT The contract with Group Delta Consultants specifies that the cost for each reading of the set of inclinometers is $1,000. This amount represents eight -hours of work. During the wet, winter months, the consultant recommends that the inclinometers be read twice per month. During the dry, summer months, the consultant recommends that the inclinometers be read once per month. The proposed purchase order is for an initial amount of $10,000.00 for 10 readings which will be scheduled in consultation between the City and the consultant. -1- C) CITY 001276 Rpr I 1 2005 3: 38PM. CITY OF ROLLING HILLS EST 3107 71577 p. 1 Alm:paNM _#. L X937 April 12, 2005 MEMORANDUM Staif Report The City of Rolling Hills Estates' TO: MAYOR AND CITY COUNCIL FROM: GREG GRAMMER, ADMINISTRATIVE ANALYST SUBJECT: FEMA APPLICATION - DESIGNATION OF APPt ICANT'S AGENT RESOLUTION FOR FEDERAL FINANCIAL ASSISTANCE AGENDA APR 12 2005 ITEM NO. (C219-:7 Post-Ite Fax Note 7671 1:4" t� ,-R papttas� 47o A t' C.ca 1 f t4j .-s Ftpo _ I CoJDept. "go ICI I 14:145 Co, WO' Phone a • Phcna # ± Fax# • FaxR OVERVIEW Please find attached a "Designation of Applicant's Agent: Resolution" (OE 130), which authorizes key staff members to execute jthe required app forms for federal financial assistance as a result of the disaster declaration recent winter storm damage. BACKGROUND Form ication for the Earlier this year, the federal government declared a major disaster in Ca Ifornia, opening the way for the use of federal funds to help communities recover from the effects of the recent series of severe storms. The declaration covers dams a from severe storms, flooding, debris flows and mudslides that occurred over th period of December 27, 2004 through January 11, 2005. A separate declaration was made for the second set of winter storms that occurred in February 2005. Shortly after the first declaration, staff submitted a request for public assistance to the Federal Emergency Management Agency (FEMA) and the Governor's Office of Emergency Services (OES). Last month, staff met with FEMA and OES representatives in order to begin the process of administering the request for financial assistance, and has since submitted a completed list of projects. The estimated cost of alt storm -related damage and mitigation measures is 1, CITY 002192 Rpr 1,1 2005 3:38PM CITY OF ROLLING HILLS EST 310;` 1577 approximately $350,000, primarily due to the storm drain failure at Palos erdes Drive North and Bridlewood Circle. Other documented costs are associate with damage to the riding rings and equestrian facilities, slope ailure, debris re oval, erosion control, loss and replacement of trees and fencing, aid sidewalk'repai In order to submit and execute the required application forms, the City ne ds to designate key staff members as "authorizing agents.'i The attached form designates the following individuals: 1. Douglas R. Prichard, City Manager 2. Samuel R. Wise,Assistant City Manager 3. Gregory A. Grammer, Administrative Analyst RECOMMENDATION It is recommended that the City Council approve the attached "Designati n of Applicant's Agent Resolution" (OES Form 130),, authorizi;g the City Ma agar, Assistant City Manager and Administrative Analyst to : execute the re aired application forms to FEMA and DES for federal financial: assistance for. torm- related damage. • P-2 CITY 002193 Apr 11 2005 3:38PM auae«. • .OFFICE OF EMERGENCY SERVICES CITY OF ROLLING HILLS EST 310:,40/1577 P.A. No.: DESIGNATION OF APPLICANT'S AGENT RESOLUTION p.3 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTATE THAT: CITY MANAGER - DOUGLAS R. PRICHARD, OR (Title of Authoiized Agent) ASSISTANT CITY MANAGER - SAMUEL R. WISE, OR (Title of Authorized Agent) ADMINISTRATIVE ANALYST— GREGORY A. (AM/vIER. (Title of Authoiized Agent) is hereby authorized to execute for and in behalf of the City of Rolling Hill! Estates, a public entity established un the State of California, thisapplication and to file it in the Office of Emergency Servies for the purpose of oi: federal financial assistance under. P.L. 93-288 as ainended by the Robert t. Stafford Di;laster Relief and Emerge Act of 1988, and/or state financial assistance under the California Disaster Assistance Act; • THAT the City of Rolling Hills Estates, a public entity established under the laws of the ¢tats; of California. hereit; agent(s) to provide to the State Office of Emergency Services for all matters pertainipg to such state disaster assurances and agreements required. Passed and approved this 12'" day of April 2005. Douelas R. Prichard, City Manager (Name and Title) Samuel$.. Wise. Assistant City jvianaga (Name and Tice) • CERTIFIC11TiON • ler the laws or i raining remit?! icy Assistancs authorizes its assistance the I, J)ouglaa R. Prichard, duly appointed and City Clerk of the City of Rolling Hills Estates, do hereby certify that a above is a true and correct copy of a resolution passed and approved by the City Council of the City of Rolling Hills Estates o the 12ei day of April 2005. Date: Douglas R. Prichard, City Clerk John C. Addleman, Mayor 0E5 farm 150 tr tff I °ADFom, CITY 002194 Apr.11 2005 3:3BPM CITY OF ROLLING HILLS EST 31071577 State of California OFFICE OF EMERGENCY SERVICES OFSIDNo,: PROJECT APPLICATION FOR FEDERAL ASSISTANCE SUBGRANTEIi'S NAME: ADDRESS: CITY OF ROLLI iflILLs ESTATES (lima orthsaixnion) 4045 PALOS VERDES DRIVE NORTH CITY: EOLLING HILLS ESTATES STATE: CALIFORNIA ZIP CODE: 90274 TELEPHONE: (310) 377-117_7 FAX NUMBER: (316) 377-4468 AUTHORIZED AOENT: DOUGLAS R. PRICHARD TITLE: }CITY MANAGER EMAIL ADDRESS: dougpg@rhe.org ASSURANCES - CONSTRUCTION PROGRAMS Note: Certain of these assurances may not be applicable to all of your projects. If you have questions, please contscl the Governor's Office of Emergency Services, Further, certain federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you: will be notified. As the duly authorized representative of the applicant I certify then tie subgrantee named above: 1. Has the legal authority to apply for federal assistance, andthe institutional, n-tanageiial and financial capability (including funds sufficient to pay the non-federal share of project costs) to ensure proper planning, management and letion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United Staten, and inappropriate, the state, thro gb any authorized representative, access to and the right to examine alt records, books, papers, or documents related the assistance; and will establish a proper accounting system in accordance with generally accepted accounting dards or agency directives, 3. Will not dispose of, modify the use oi; or change the terms ofthe real property titicj or outer interest in the site and facilities without permission and instructions from the awarding agency. Will recorEi the federal interest in the Ile of real property in accordance with awarding agency directives and will include a covenant in the title of real acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the proj 4. Will comply with the requirements of the assistance -awarding agency with regard to the drafting, review and ajtproval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure at the complete work conforms with the approved plans and specifications and will famish progress reports and such other information as may be required by the assistance awarding agency or state. 6. Will initiate and complete the work within the applicable time frame after receipt otlapproval of the awarding gency. 7. Will establish safeguards to prohibit employees frurn using their positions for a purpose that constitutes or pros ruts the appearance of personal or organizational conflict of interest, or personal gains 8. Will comply with the Lead-iiased Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.), which prohibi%,the use of lead based paint in construction or rehabilitation of residence structures. 9. Will cotnplywith all fedctal statues relating to nondiscrimination. These include brit are not limited to: (a) Ti VI of the Civil Rights Act of 1964 (PL. 88-352) which prohibits discrimination on the basis ofrace, color or national 'gin; (b) Title lX of the Education Amendments of 1971, as amended (20 U.S.0 §§ I68I-1683 end 1685-1686) which ohibfts discrimination oathe basis of sex; (e) Section 504 of the Rehabilitation Act of f973. as amended (29 O.S.C. 94) which prohibit discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. C. §§ 6101-6107) which prohibits discrimination an the basis of age; (e) the Drug Abuse Office and Treatment Act 1972 (P.L. 93-255) as amended, relating to nondiscrimination on the basis of drug abuse; (1) the Comprehensive Ale hot Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health ServiceAct of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to coafidertiality of alcohol and drug abuse pats nt p.4 CITY 002195 Apr .11 2005 3:38PM CITY OF ROLLING HILLS EST 310: ?1577 records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amender!, relating to nondiscrimination in the sale rental or financing of housing; (i) any other nondisa urination provisions in the specific •statutc(s) under which application for federal assistance is being made, 'and (j) the requirements on any other nondiscrimination statute(.) which may apply to the application. 10. Will comply, or has already complied, with the requirements of Titles Il and III of the Uniform Relocation 'stance and 1. Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal and federally assisted programs These requi ents apply I to all interests in real property acquired for project purposes regardless of federal participation in purchases. 11.. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protecti Act of 1973 (P.L. 93-234) which requires recipien s in a special flood hazard area to participate in the program and purchase flood insurance if the total cost of insurable construction and acquisition is 55,000 or more. 12. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institutio of environmental quality control measures under the National Environmental Policy Act of 1969 (P.O. 91-190) Executive Order (110) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of elands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with BO 11988; (e) ass ce of project consistency with the approved state management program developed under the Coastal Zone Manag ent Act of I972 (16 U.S.C. §I 1451 et seq.); (1) conformity of federal actions to State (Clean'. Air) Implementation Plan under Section 176(c) of the Clean .Air Act of 1955, as amended (42 ti.S.C..§ 7401 et seq,); (g) protection of and ound sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) p tection of endangered species tinder the Endangered Species Act of 1973, as amended, (P.O: 93-205). 13. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting c tnponents or potential components of the national wild and scenic rivers system. 14. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservatiqn Act of 1966, as amended (16 U.S.C. 470), E0 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -l: et seq.). 15. Will comply with Standardized Emergency Management (SEMS) requirements as stated in the California E ergency Services Act, Government Code, Chapter 7 of Division 1 of title 2, Section 8607.1(e) and CCR Title 19, S "ens 2445, 2446, 2447 and 2448: 16. Will muse to be performed the required financial and compliance audits in accordance with the Single Audi Act of 1984 and the Single Audit Act Amendments of 1996. 17. Will comply with all applicable requirements of all other federal laws, Executive Orders, regulations and potciea governing this program. p.5 1 S. Has requested through the State of California, federal financial assistance to be used to perform eligible worl approved in the subgrantee application for federal assistant. Will. after the receipt of federal'finanetat asaistaitce, throw the State of California, agree to the following: a. The state warrant covering federal financial assistance will be deposited in a special and separate acco used to pay only eligible costs for projects described above; b. To return to the State of California such pars ofthe funds so reimbursed pursuant to the above numbers which are excess to the approved actual expenditures as accepted by final audit of the federal or state g c. In the event the approved amount of the above numbered project application is reduced, the reimburse applicable to the amount of the reduction will be promptly refunded to the Slate of California. 19. ,Will not make any award or permit any award (subgrant or contract) to any party which is debarred or cusp otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Ord 12689, "Debarment and Suspension." The undersigned represents that he/she is authorized by the above named subgrantee to enter into this agreement for of the said sabgrantee. OPS 89 (Rev 1/05) t, and will be application, vernment i ens s ed or is 12549 and d on behalf SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE DATE CITY 002196 MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Black commented on mosquito breeding In a swimming pool on a vacant property on Poppy Trail. City Manager Nealis explained that the Los Angeles County West Vector Control District had visited and inspected this site and had placed mosquito fish in the pool and other ponds on the property. He indicted that the District would visit this site weekly for inspections and treat the water. In response to Councilmember Black, City Attorney Jenkins explained that the West Vector Control District has the authority to charge repeat offenders for the use of the District's services. Mayor Pernell commented on a small fire that had erupted in his neighborhood and commended the Fire Department for their swift response. CITY 002556 RESOLU-IION NO. 1014 :a RESOLUTION OF THE CITY COUNCIL OF THE CITY 'OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO 13E A PUBLIC NUISANCE AND ORDERING THE ABATEMENT - THEREOF. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND DECLARE AND ORDER AS FOLLOWS: Section 1: Purs_icnt to Section S.2-1.030 of the Rolling Hills Municipal Code, the City Manager notified Mr., Alain Sheen, owner of that certain real property m the City of Rolling - Hills commonly known, as 1 Poppy Trail (Lot 90-B-RH), to abate conditions on his property that would potentially aggravate and accelerate an existing landslide. The measures include removing all debris (deteriorated plastic and sandbags) from the site, covering the. entire affected area with new UV resistant plastic sheeting, and installing above -ground drainage devices to divert stormwatcr from. entering. the landslide area from locations above the headscarp of the landslide. The measures are designed to restore the winterization improvements that were performed on the property in early 2006 and have since suffered normal deterioration, in anticipation of the 2006-2007 winter rainy season. The notice directed that the measures be taken or commenced (and completed with due diligence) by October 23, 2006, otherwise the City Council would hold a public hearing on October 23, 2006 in the City_ CouncilChambers of City. gall to hear any protests the owner might have to the abatement of the nuisance. On October 11; 2006 the City posted the notice at the site. Section 2 No action to abate the nuisance has been taken by the property owner. Consequently, on October 23, 2006, the City Council held a public hearing to allow the City Manager, the property owner and any other interested parties to testify and submit evidence regarding the condition of the property located at 1 Poppy Trail. Section 3.. Based upon staff reports, related documents and the evidence presented at the time of the hearing, the City Council makes the following findings of fact: a. The property located at 1 Poppy Trail is located in an active landslide in the City of Rolling Hills. The property is improved with a single family residence, swimming pool. water feature, stable. and tennis court. An illegal nonconforming guesthouse was removed from the property pursuant to the nuisance abatement proceeding in 2005-2036. Inspections of the property demonstrate that the single family residence remains uninhabited. b. Following the activation of the landslide in early 2005, a geologist engaged by the City, with the property owners permission, conducted borings and other. tests on the property to better understand the structure of the landslide in order to enable ell interested parties to evalnate.thcir options. A copy of the geologist's report was provided to the owner of 1 Poppy Trail. c. The plastic sheeting, sandbags and above -ground drainage devices installed on the property as part of the 2005-2006 nuisance abatement proceeding have `suffered a normal amount of deterioration and need replacement in order to remain effective, in inhibiting the infiltration of stormwater into the landslide. If these protective measures are not kept in good condition and repair, infiltration of water into the slide plane will likely; aggravate the slide, resulting in further damage to the property and the surrounding area. The City's geologist reports that the protective measures installed in 2005-2006 have been successful in slowing the movement of the landslide. d. Absent restoration of protective measures, the property will representa continuing threat to public safety. Section 5. On the basis of the foregoing, and of the evidence contained in the record. the City Council finds and determinesthat the landslide condition of the property at 1 Poppy Trail, and the open crevices and fissures, separately and collectively constitute a public nuisance within the meaning of Sections 9.24.010 and S.2S.010 of the Municipal Code, and constitute a condition that is injurious to the public health, safety and welfare. The City Council further finds that by not restoring to good condition the winterization measures installed in 2005-2006 in -anticipation of the 2006-2007 winter rainy season, storniwater will further infiltrate the landslide and will further destabilize the property, creating a' danger to persons and property in the area. Resolution No. 1014 CITY 002679 Section 6. In deco -dance with the foregoing, and bec it is the duty of property r•�n r owners to mint,. = -,heir properties tree of nuisances, the City C .,cil orders that the property owner implement.thecilrr.ctivc-:'iiiteri altion measures described in. Section 1 of this Resolution and further described in the attached correspondence (Exhibit .A) on or before November'', 2006; and, that the corrective measures be completed by the property owner on or before November 10, 2006. In the event that the property owner- fails to commence performance of the corrective measures by the above -described deadlines, than the City may, on or -after November 1, 2906 perform the corrective measures at the property owner's expense as authorized in Section S.24.060 of the Municipal Code. Section 7. In the r.uisancc is not abated as specified herein, then the City Manager is directed to cause the nuisance to be abated by the City, and also is directed to notify the property owner in writing by certified mail -and regular mail of- the cost of removal of the nuisance and that payment in full for removal of the nuisance is due to the City within 10 days of the date of mailing of the notice. If the total cost of abating the nuisance is not paid to the City within 10 days after the date of the notice, the City Clerk shall record, in the Office of the County Recorder, a statement -of the total balance due to the City, which shall constitute a lien upon the property. Section 8 The City Clerk is hereby 'directed to send a copy .of this resolution by certified and regular mail to the owner of the property located at 1 Poppy Trail. Section 9. This resolution shall tike effect immediately on October 23, 2006. PASSED, APPROVED AND ADOPTED THIS 23rd DAY OF OCTOBER, 2006 ATTEST: Marilyn Kern Deputy City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLINGHiLLS SS TheforegoingResolution No. 1014 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF was approved and adopted at a regular meeting of the City Council, on October 23, 2006, by . the follotving'roll call vote: AYES: Councilmembecs Thomas Heinsheimer, Frank Godfrey Pernell•and Mayor 8. Allen Lay NOES: None. ABSENT: Mayor Pro •l'ern James Black. ABSTAIN: None. Marilyn Kern Deputy City Clerk Resolution No. 1014 CITY 002680 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 E-mail: cityotrh9.aol.com MEMORANDUM TO: I'EGGY MINOR, RHCA MANAGER FROM: CRAIG NEALIS, CITY MANAGER SUBJECT: ACTION AT 3/28 CITY COUNCIL MEETING RELATIVE TO POPPY TRAIL DATE: MARCH 29, 2005 At the 3/28 City Council meeting, the City Council adopted the mitigation agreement with Erosion Control Specialists. However, the City Council amended the agreement to allow City staff, working with the Consulting Geologist, to increase or decrease the scope of work or to allow any of the appropriate mitigation measures to be competed by others hired by the City. The Consulting Geologist does not feel that all the mitigation measures are necessary at this time. The City Council also adopted Phase 2 and Phase 3 of the Consulting Geologist Agreement. Phase 2 involves the study and preparation of a plan for the reopening of Poppy Trail and Phase 3 involves the preparation of a plan for potential repair of the entire slope failure. We have enclosed a copy of the staff report that was presented to the City Council last evening. All totaled, the Consulting Geologist Agreement arid the authorized expenditure for mitigation total $249,250. CRN:mlk 03.29-05minnr-ntern.dnc cc: City Council Mike Jenkins, City Attorney Yolanta Schwartz, Planning Director Nan Huang, Finance Director Sid Croft, RHCA Legal Counsel CITY 002820 City oI /?CIhng Jh/ ....::Y..;%::•1::=1.2.7.• ::. NO. 2 PORTUGUESE FEND ROAD ROLLING HILLS. CALIF 90274 (310) 377-1521 FAX: (710) 377-7288 E•mert cityolrhaaol.com Agenda Item No: 15-A Mtg. Date: 03-28-05 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF STATUS REPORT REGARDING POPPY TRAIL ROAD AND ADOPTION OF FURTHER PROVISIONS OF THE PROPOSED CONSULTING AGREEMENT FOR GEOTECHNICAL SERVICES. ■ STATUS OF MITIGATION MEASURES (Adoption of Agreement for Mitigation Services) ■ STATUS OF PHASE 1 STUDY • CONSIDERATION OF AUTHORIZATION TO EXECUTE PHASE 2 AND PHASE 3 OF THE GEOLOGICAL SERVICES PROPOSAL - DATE: MARCH 28, 2005 BACKGROUND At the regular City Council meeting held Monday, March 14, 2005, the City Council was presented the attached agreement at the meeting. As a result, to respond to the situation on Poppy Trail, the City Council authorized staff to execute and proceed with Phase 1 of this agreement which involves the overall study of the situation and preparation of a plan to provide access for residents on Poppy Trail in an area other than the existing roadway. A copy of the agreement is attached to this staff report for your review. Also, on March 14, the City Council authorized an expenditure of $24,240 for mitigation activities advised by the Consulting Geologist to help prevent the situation from escalating in the immediate future. At this evening's meeting, staff and the Consulting Geologist will address the following subjects and propose the recommended action described below. STATUS OF MITIGATION MEASURES City staff will provide an update regarding the mitigation measures at this evening's meeting. CITY 002847 STATUS OF PHASE 1 STUDY City staff and the Consulting Geologist will provide an update regarding the status of the Phase 1 Study. CONSIDERATION. OF AUTHORIZATION TO EXECUTE PHASE.2 AND PHASE 3 OF THE GEOLOGICAL SERVICES PROPOSAL Phase 1, Phase 2 and Phase 3 of the proposed consulting agreement were presented to the City Council during the meeting of March 14, 2004. At that meeting, staff was authorized, and has executed; Phase 1 of the agreement. Phase 2 entitled "Mid-term Assessment to Reopen. Poppy Trail" will evaluate the subsurface soil rock conditions adjacent to the roadway with the ultimate goal of providing a plan to repair and potentially grade for the reopening of Poppy Trail (after consideration and approval by the City Council). The cost for Phase 2 is $62,560. Phase 3 entitled "Long-term Assessment for Overall Slope Stabilization" is the level of the study that is designed to prepare an engineer designed plan for proposed repair suitable for submission to the County (after consideration and approval by the City Council) for a grading permit for the overall repair to the land movement situation. The cost for Phase 3 costs is $69,800. Should the City Council authorize staffto execute Phases 2 and 3 when appropriate, staff will communicate this approval to the RHCA and propose the same concept that was discussed when Phase 1 was approved in which the RHCA would be requested to fund 1/2 of the costs incurred by the City after receipt of any other funds by other levels of government, support agencies or others. RECOMMENDATION It is recommended that members of the City Council receive the above referenced status reports and consider authorizing staff to execute Phase 2 and Phase 3 of the proposed consulting geologist agreement and, if applicable, consider the comments provided by staff regarding a potential increase in the mitigation funds necessary to complete mitigation work if necessary. CRN:mlk 03-28-05PopmTrailUpdale-sta.doc CITY 002848 c,ROuI March 22, 2005 Project No. L-599 DELTA Ci of Rollin tr�l:iY�l+iWJ H.1 ty g Hilts 2 Portuguese Bend Road Rolling Hills, California 90274 Attn: Craig Nealis, City Manger Subject Summary and Emergency Recommendations Geotechnical and Geological Evaluation Poppy Trail Landslide Rolling Hills, California Mr. Nealis: As requested, GROUP DELTA CONSULTANTS, INC. (GDC) is pleased to present this letter to provide emergency recommendations related to the Poppy Trail Landslide of March 11, 2005. Our understanding of the . project and recommendations are outlined below. We have not as yet performed any detailed geologic mapping, subsurface exploration, laboratory analyses or engineering calculations. Rather, our role has only been to advise the City on an emergency basis to aid in evaluating the overall safety of the subject slide and the affected residences. As such, this letter is based only on our observations, preliminary geologic reconnaissance, professional judgment, and a cursory review of published geologic reports and City records regarding the history of the subject slope. 1.0 SITE SUMMARY On March 11, 2005, GDC was contacted by Mr. Roger Vink of the Rolling Hills Homeowners Association to perform a site reconnaissance of a landslide that occurred the day before and advice the City regarding its condition. During the site reconnaissance on March 12, 2005, it was noted that a significant landslide had occurred that completely blocked Poppy Trail near Portuguese Bend Road, below #1 Poppy Trail guesthouse. The landslide overall measured about 300 feet long, 150 wide, with a head scarp of about 30 feet vertical below the lower graded pad of the guesthouse. Poppy Trail has been over -ridden by slide debris. To provide access to homeowners on Poppy Trait, the Horne Owners Association was using a horse trail located down slope from the current road. 4 $ N u u••(;munt)rha.ca+n CITY 002851 GROUP March 9, 2005 (rev 3/15/05) L05-132 DELTA City of Rolling Hills t{ kAtt fi'.tj 2 Portuguese Bend Road Rolling Hills, CA 90274 Attention: Subject Nealis: Mr. Craig R. Nealis City Manager Proposal for Geotechnical and Geologic Consulting Services Poppy Trail Landslide of March 5, 2005 Near the intersection of Portuguese Bend Road and Poppy Way Rolling Hills, California GROUP DELTA CONSULTANTS, INC. (GDC) is pleased to present this proposal to provide a Geotechnical and Geologic Consulting and Investigation services related to the Poppy Trail Landslide of March 5, 2005. Our understanding of the project, and the proposed scope of work, schedule, and fee are outlined below. 1.0 UNDERSTANDING OF THE PROJECT Our understanding of the project is based on our discussion with you, a review of the published geology of the area and a site visit on March 7, 2005. At the time of the site visit, it was notice that a significant landslide failed and completely blocked.Poppy Trail near Portuguese Bend Road, below #1 Poppy Trail residence. The landslide overall measured about 300 feet long, 150 wide, with a headscarp of about 30 to 40 feet vertical below the lower graded pad of #1 Poppy Trail. Vertical fissures extending about 20 feet in depth were note within the central portion of the slide mass itself. Prior to our arrival on site, the guest house on the lower pad of #I Poppy Trail had been red -tagged by building officials. Based an discussion with you, the approach to the project to address the stability and ultimate repair of the landslide, roadways, and affected adjacent properties will be in phases as follows: 1) In the near term, a temporary access for residences that use Poppy trail is • required. Currently, the concept is to utilize a horse trail that parallels Poppy Trail below the landslide. This will require short term assessment of the stability of the slopes below Poppy Trail, and developing safety measures to protect vehicles traveling on the alternate access trail. 2) in the mid-term, develop strategies to re -open Poppy Trail. vtine.Cirmunl kha.ci+rn♦ r ;� CITY 002857 Proposal Geotechnical Emergency Repairs Poppy Way Landslide of March 5, 2005 Rolling Hills. California March 9. 2005 Page 2 3) In the long term, develop strategies to stabilize the hillside and restore the f1 Poppy Trail to lower graded pad (with guest house and tennis court) to a long- term stable condition. 2.0 SCOPE OF SERVICES GDC will provide the necessary personnel, equipment and materials to perform subsurface exploration, laboratory testing and engineering analysis. (DC will prepare a report of our findings and geotechnical recommendations for the project Consultation will also be provided as necessary during the progress of our investigation. 2.1 Phase 1 — Short Term Assessment for Temporary Trail Access To address the objectives of the investigation, the following scope of work is proposed. 2.1.2 Initialization GDC will first review any available existing soil data, information reports, records, maps and additional data available in the City files. Additionally, even though utilities are not expected to be at the site, GDC anticipates that the City will provide information regarding existing active underground utility lines or other facilities. After the reconnaissance, the field drilling program will be laid out and reviewed with the city. An encroachment permit or permits will be required to enter the properties. Our stipulated fee does not include costs for the permits other than preparation of the application. It is GDC's understanding that the city will pay or waiver any permit fees. At that time, the drill locations will be marked in the field. In accordance with state law, we will notify Underground Service Alert (USA) for location of utility lines on public property. However, it would be beneficial to all if the City could provide assistance with utility lines if located within the study area. Gi:Ouf' DI?LT,\ trua7aimaa7 CITY 002858 Proposal Geotechnical Emergency Repairs Poppy Way Landslide of March 5, 2005 Rolling Hills, California March 9.2005 Page 3 2.1.3 Data Review Prior to starting any fieldwork, Group Delta will first review available geologic data within the project area, including published geologic and soils maps, consultant's reports, aerial photography, and topographic maps. We anticipate the Whittier College Fairchild Collection has historic coverage of the area. These photos may extend into the late '20's through '50's. Selected photographs of concern will be purchased for documentation and future reference. Modernlrecent photographs from the Continental Air Photo Collection will also be purchased to examine the conditions for the past few years. 2.1.4 Field Exploration To evaluate the properties, variations and depths of various subsurface soil and rock zones, a number of soil borings are required. The field exploration will consist of the following listed items. • Drilling a total of 3 bucket auger boring above, below and within the landslide mass, if possible. If available, a track mounted, hillside or all terrain bucket auger will be utilized. If the all terrain equipment is not available, a road may need to be pioneered into the landslide mass. The boring will be logged by a field geologist. • Relatively undisturbed and bulk samples will be obtained at selected depth intervals and transported to our laboratory for examination and testing. • Upon completion, the boring will be backfilled with excavated on -site soil and compacted. if a different backfill is required, such a procedure will be considered an additional cost. crour I41:49iiur.1 CITY 002859 GROUT' 1D1.1.T.• Proposal Geotechnical Emergency Repairs Poppy Way Landslide of March 5.2005 Rolling Ms. California 2.1.5 Laboratory Testing March 9, 2005 Page 4 The soil samples obtained from the field exploration program will be tested in our laboratory to evaluate the controlling engineering properties of the encountered soils. Laboratory testing is anticipated to include the following list of items. • Moisture Content & Dry Unit Weight • Maximum Density Expansion Index 2.1.6 Geotechnical Analysis and Report • Shear Strength • Grain Size Analysis Based on the findings from our field exploration, laboratory testing and engineering analyses a written report will be prepared to aid in development of project plans and specifications. The report will provide conclusions and recommendations on the following: • In Initial assessment letter will be prepared to provide recommendation to to protect the slide area against inclement weather. • A description of encountered subsurface materials, controlling engineering properties of soils, boring , boring togs and laboratory test results. • A geologic map of the limits of the current active landslide, and the possible locations of ancient landslides. • A topographic map of the landslide prepared by Bolton Engineering. • A description of possible means to mitigate dangerous condition that the landslide might cause on the horse trail below which is under consideration for use a vehicle access path. NOTE: For this phase of the project, only a general geologic assessment of the slide will be developed. No detailed slope stability calculation will be performed. 2.1.7 Meetings As requested, we will attend meeting with yourself, other members of City Staff, and homeowners to provide consultation regarding on -going activities and the progress of our analyses, - • CITY 002860 GROUT' DELTA rommaixiiis Proposal Geotechnical Emergency Repairs Poppy Way Landslide of March 5.2005 Rolling Hills. California March 9.2005 Page 5 NOTE: The actual scope and costs of this Phase 2 and 3 could change depending on the results of each previous phase. 2.2 Phase 2 — Mid-term Assessment to Re -Open Poppy Trail To address the objectives of the investigation, the foliov.ing scope of work is proposed. 2.2.2 Initialization An encroachment permit or permits will be required to enter the properties. Our stipulated fee does not include costs for the permits other than preparation of the application. It is GDC's understanding that the city will pay or waiver any permit fees. At that time, the drill locations will be marked in the field. In accordance with state law, we will notify Underground Service Alert (USA) for location of utility lines on public property. However, it would be beneficial to all if the City could provide assistance with utility lines if located within the study area. 2.2.3 Data Review Group Delta will utilize the results and data from Phase 1 as a basis for the continued investigation and analyses during Phase 2. 2.2.4 Field Exploration To evaluate the properties, variations and depths of various subsurface soil and rock zones, a number of soil borings are required. The field exploration will consist of the following listed items. Drilling an additional total of 3 additional bucket auger boring above, below and within the landslide mass. If available, a track mounted, hillside or all terrain bucket auger will be utilized. If the alt terrain equipment is not available, a road may need to be pioneered into the landslide mass. The boring will be logged by a field geologist Relatively undisturbed and bulk samples will be obtained at selected depth intervals and transported to our laboratory for examination and testing. CITY 002861 Proposal Geotechnical Emergency Repairs Poppy 1Vay Landslide of March 5. 2005 Rolling Hills, California March 9, 2005 Page 6 • Upon completion, the boring will be backfilled with excavated on -site soil and compacted. If a different backfill is required, such a procedure will be considered an additional cost. 2.25 Laboratory Testing Soil samples obtained during the field investigation will be tested in the laboratory to evaluate their physical properties and engineering characteristics. We anticipate the following laboratory tests will be performed, as appropriate: • Moisture Content & Dry Unit Weight Shear Strength, including residual • Maximum Density strengths of day seams • Atterberg Limit Tests • Expansion Potential 2.25 Geotechnical Analyses and Report Based on the findings of the field exploration, laboratory testing, engineering and geological analyses, a report will be prepared to address the proposed grading. site stability and foundations for structures. The report will address the requirements of the County of Los Angeles and will include the following: • Plot plan showing the location of borings and test pits and a layout for the proposed buildings and roads. A current development base plan will need to be supplied to us by Standard Pacific Homes. • Detailed boring 'logs with a description of subsurface soil, bedrock and groundwater conditions encountered in the borings and indicating sample locations. • A geologic map of the site showing the bedding attitudes obtained from the explorations and indicating the limits of surface contacts. Geologic subsurface cross -sections will also be provided. Description of the laboratory testing program, including test results. Results of the stability analyses, including design recommendations for buttress and shear key designs, and partial slide debris removal;. Input and output data from computer analyses will be provided. GROUP DELTA -- CITY 002862 Proposal Geotechnicai Emergency Repairs Poppy Way Landslide of March 5.2005 Rolling fills. California March 9. 2005 Page 7 • Geotechnical recommendations for site development grading, including need for removal of unsuitable soils, excavations, backcuts, bedrock ripability, and placement of compacted fill; • A Gvil Engineering Design Plan prepared by our sub -consultant depicting the proposed repair, including calculations of quantities. The plan will be suitable for submission to the County in order to obtain a grading permit. • Discussion of construction -related issues, as appropriate, including the f bedrock and slide debris removal; and compaction, and roadway reconstruction. • Six (6) copies of the report will be provided to you. A grading plan prepared by Bolton Engineering reflecting the recommendations of the Phase 2 study will be prepared as part of this Phase. 2.2.7 Meetings As requested, we will attend meeting with yourself, other members of City Staff, and homeowners to consults on on -going activities and the progress of our analyses, 2.3 Phase 3— Lonq Term Assessment for Overall Slope Stabilization To address the objectives of the investigation, the following scope of work is proposed. 2.3.2 Initialization None required for this phase. 2.3.3 Data Review Group Delta will utilize the results and data from Phase 1 and 2 as a basis for the continued investigation and analyses during Phase 3. 2.3.4 Field Exploration No additional field exploration work is currently anticipated during the Phase 3 study. GROU1' DELTA CITY 002863 Proposal Geotechnical Emergency Repairs Poppy Way Landslide of March 5. 2005 Roiling Hills, California 235 Laboratory Testing None expected for this phase. 2.3.5 Geotechnical Analyses and Report March9. 2005 Page 8 Based on the findings of the field exploration. laboratory testing, engineering and geological analyses, a report will be prepared to address the proposed grading, site stability and foundations for structures. The report will address the requirements of the County of Los Angeles and will include the following: • Plot plan showing the location of borings and test pits and a layout for the proposed buildings and roads. Detailed boring logs with a description of subsurface soil, bedrock and groundwater conditions encountered in the borings and indicating sample locations. • A geologic map of the site showing the bedding attitudes obtained from the explorations and indicating the limits of surface contacts. Geologic subsurface cross -sections will also be provided. Description of the laboratory testing program, including test results. Results of the stability analyses, including design recommendations for buttress and shear key designs, and partial slide debris removal, and overall stabilization of the subject scope. Input and output data from computer analyses will be provided. Geotechnical recommendations for site development grading, including need for removal of unsuitable soils, excavations, backcuts, bedrock ripability, and placement of compacted fill. A Civil Engineering Design Plan prepared by our -sub -consultant depicting the proposed repair, including calculations of quantities. The plan will be suitable for submission to the County in order to obtain a grading permit Discussion of construction -related issues, as appropriate, including the f bedrock and slide debris removal; and compaction, and roadway reconstruction. Six (6) copies of the report will be provided to you. A grading plan prepared by Bolton Engineering reflecting the recommendations of the Phase 2 study will be prepared as part of this Phase. CITY 002864 Proposal Geotechnical Emergency Repairs Poppy \Vay Landslide or March 5, 2005 Rolling Hills, California 2.3.7 Meetings March 9, 2005 Page 9 As requested, we will attend meeting with yourself, other members of City Staff, and homeowners to consults on on -going activities and the progress of our analyses. 3.0 TIME SCHEDULE GDC will commence work upon Notice to Proceed (NTP). The following time schedule is estimated to complete the proposed tasks described in this proposal. PHASE TIME REQUIRED FOR COMPLETION Phase 1 — Initial Assessment Letter Alternate Access Evaluation Report 1 week 3-4 weeks (From Notice to Proceed and Site Access Permission) Phase 2 — Poppy Trail Stabilization 8 -10 weeks (From Notice to Proceed and Site Access Permission) Phase 3 — Long Term stabilization 12-14 weeks (From Notice to Proceed and Site Access Permission) The about time schedule does not include considerations of factors beyond GDC's control, such as delays in encroachment permits, site access, inclement weather, availability of appropriate field exploration equipment, adverse ground conditions, etc. Because of the time restraint, an interim report may be submitted to provide preliminary findings to assist in meeting your design schedule prior to submittal of the final report. • GROUP I?I=1.T:\ tta:imcui .1 CITY 002865 Proposal Geotechnical Emergency Repairs Poppy Wdy Landslide of March 5.2005 Rolling Hills, California 4.0 PROPOSED 'NOT -TO -EXCEED' FEE March 9, 2005 Page 10 Our fee will be in accordance with the attached breakdown and Fee Schedule on a Not -to -Exceed Fee basis. We should emphasize that this fee does not include the cost for an encroachment permit fees or items not listed in the proposal We assume that a "no -fee" permit can be obtained from the City. This fee does not include, studies for earthquake engineering, liquefaction, environmental engineering, or post -investigation services including observation of construction or additional services requested by you or governmental agencies. 5.0 INDEMNITY In agreeing to the scope of work contained in this proposal, the City of Rolling Hills acknowledges that the existing site is currently unstable and agrees to defend, indemnify and hold harmless Group Delta Consultants, Inc. its employees and subcontractors from and against any and all liability expense (including defense and legal costs) or claim for damages of any nature , whatsoever, arising from or connected in anyway with the Poppy Trail Landslide, except where such liability expense is the result of the sole negligence or willful misconduct of GDC, its agents, employees, officers, directors, shareholders ort subcontractors. CROUP DFLT:\. It+ati1u►.r.7d CITY 002866 GROUP r DELTA Proposal Geotechnical Emergency Repairs - Poppy Way Landslide of March 5, 2005 Rolling Hills. California 6.0 CLOSURE March 9.2005 Page 11 We look forward to providing you with the geological and geotechnical services for this phase of this project. Should you have any questions regardingthis proposal, please feel free to contact us. Sincerely, GROUP DELTA CONSULTANTS, INC. Michael D Reader, RGE. VP, Distribution: addressee via a -mail L05-132 Rolling Hills Poppy Trail Landslide ,ACCEPTANCE OF PROPOSAL AND AUTHORIZATION TO PROCEED Client': Name (Please Print): 2Qt,✓.riv iv -,.s Signature: Title: Address: ,/1A -&t✓W__. Date: Telephone No: (3ro) 3 7 I S Z FAX No: Invoice to be sent to the Client', who will be responsible for the payment of services. Client's special invoicing instructions/PO Number: fiuri1041--ZAVrzo_Ar - (1€tCfe-j) . Fog e± E 1 OALL, Pub C.1'= T�� C0�'� L i L 7z fL F c.-; ce,nr %ego Lraa D Cyr-' mli/v4 (ei ifz o)7 I_• CITY 002867 C4 0/ ie0tt nv. NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX: (310)377-7288 . E-mail citlolrhEa0I.com MEMORANDUM TO: PEGGY MINOR, RHCA MANAGER FROM: CRAIG NEALIS, CITY MANAGER SUBJECT: UPDATE REGARDING POPPY TRAIL DATE: APRIL 12, 2005 At the 4/11 City Council meeting, I provided a report to the City Council indicating that the Consulting Geologist and Engineer have expressed "cautious optimism" that Poppy Trail could be reopened without the necessity of providing an alternative paved access. Two more borings (and analysis of the borings) are necessary to support this "cautious optimism". These borings will be conducted on 4/18 and 19. As you recall, the alternative paved access idea was suggested prior to any underground borings or the knowledge that is provided by the analysis of the borings. There will be a great amount of soil that will need to be dealt with in this process. The Consulting Geologist and subcontracting engineer have identified the riding ring as a potential location for either stockpiling or actually accommodating quantities of soil (quantity yet to be determined) in their plan to reopen Poppy Trail. The riding ring is on City property and is currently leased to the RHCA. It would be appreciated if you could provide this office with comments regarding the ability to use this area during the construction phase and/or its ability to accommodate soil generated from the activities to reopen Poppy Trail. Please let me know if you have any questions or concerns. Thank you for your cooperation and support. CRN:mlk 04-12-05 R HCA ri plat e- mcm.dx cc: City Council City Attorney Mike Jenkins RHCA Attorney Sid Croft CITY 003038 s.wr..wu OFFICE (tF EMERGENCY }I.RYIC"I P.A. No.: DESIGNATION OF APPLICANT'S AGENT RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROLLING HILLS IGu -cmme (ti't}t !Name of Alry.licanti THAT CITY MANAGER - CRAIG R. NEALIS. OR (Tide t Awhuri:ed AFcnit PLANNING DIRECTOR - YOLANTA SCHWARTZ (Titk.(Amhotircd Apemn is hereby authorized to execute for and in behalf of the City of Rolling Hills. a public entity established under the laws of the State of California. this application and to file it in the Office of Emergency Services for the purpose of obtaining cenain federal financial assistance under P.L. 93-288 as amended by the Robert T. Stafford Disaster Reliefand Emergency Assistance Act of 1988. and/or state financial assistance under the California Disaster Assistance Act. THAT the City of Roiling Hills, a public entity established under the laws of the State of California. hereby authorizes its agent(s) to provide to the State Office of Emergency Services for all matters remaining to such state disaster assistance the assurances and agreements required. Passed and approved this 25th day of April. 2005 CRAIG R. NEALIS, CITY MANAGER !Name and Tide) YOLANTA SCHWARTZ. PLANNING DIRECTOR game and Title) CERTIFICATION I. CRaig R. Nealis, duly appointed and City Clerk of City of Rolling Hills. do hereby certify that the above is a true and correct (.mime, (Title) copy of a resolution passed and approved by the City Council of the City of Rolling Hills on the 25th day of April, 2005. tGew•emirp body; I Name or.Apflieani) Date: April 25, 2005 tcraie R Nails. City flak) Modfiey Perna. Mays!) oe3 form taoproz) DAD FYpm CITY 003108 Stale of C:diF orma OFFICE OF ILAIEK(:I:N('t' SE:R\'ICILS OES iD Nod PROJECT APPLICATION FOR FEDERAL ASSISTANCE SUBGRANTEE'S NAME: City of Rolling Hills \MnY rl CF�4n.<rinNl ADDRESS: 2 Ponutzucse Bend Road CITY: Rolling Hills STATE: CA ZIP CODE: 1)0274 TELEPHONE: (310) 377-1521 FAX NUMBER: 1310) 377-7288 AUTHORIZED AGENT: Craig R. Ncalis TITLE: Citv Mannecr EMAIL ADDRESS: cityofrh!u'aol.com ASSURANCES - CONSTRUCTION PROGRAMS Note: Certain of these assurances may not he applicable to all of your projects. if you have questions. please contact the Governor's Office of Emergency Services. Further. certain federal assistance awarding agencies may require applicants to certify 10 additional assurances. If such fs the case. you will he notified. As the duly authorized representative orate applicant 1 certify that the suhgramee named above: I. Has the legal authority In apply for federal assistance. and the institutional. managerial and financial capability (including funds sufficient to pay the non-federal share of protect costs) to ensure proper planning. management and completion of the project described in this application. 2. Will give the awarding agency. the Comptroller General of the Unitcd Stales. and if appropriate, the state. through any authorized representative. access to and the right to examine 311 records. honks. papers. or documents related to the assistance: and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. • 3. Will not dispose af. modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Wilt record the federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real properly acquired in whole or in pan with federal assistance Binds to assure nondiscrimination during the useful life of the project. • 4. \V111 comply w ith the requirements of the assistance -awarding agency with regard to the drafting. review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may he required by the assistance awarding agency or state. 6. Will initiate and complete the work within the applicable time frame after receipt ol'approval of the awarding agency. 7 Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or nrganizaiinnal conflict nl'intcrest, or personal gains. 8. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4801 et seq.). which prohibits the use of lead based paint in construction or rehabilitation of residence structures. . 9. Will comply with all federal statues relating Io nondiscrimination. These include hut are not limited to: (a) Tide VI of the Civil Rights Act of 1964 (P.L. 8R-352) w hich pmhibits discrimination on the basis or MCC. color or national origin:01 Title IX of the Education Amendments of 1072, as amended (20 U.S.C.:§ 1681-1(+83 and 1685.1686) which prohibits discrimination on the basis of sea; (c) Section :114 of the Rehabilitation Act of 1973. as amended (29 U.S.C. a 7941 which prohibit discrimination on the basis of handicaps: (d) the Age Discrimination Act of 1975. as amended (42 U.S.C. ; 6101.6107) which prohibits discrimination on the basis of age: (e) the Drug Abuse Office and Treatment Act of 1972 IP.L. 93 5S) as amended. relating 10 nondiscrimination on the basis of drug abuse; (1) the Comprehensive Alcohol Abuse and Alcoholism Prevention. Treatment and Rehabilitation Act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g)15 523 and 527 attic Public Health Service Act of 1912 (4211.5 C. 290 dd-3 and 290 ec-31. as amended. relating to cnnlidentiality ttfalcnhnt and dntg abuse patient records; CITY 003109 (h) Title Vlll of the Civil Rights Act of l')6S (4_ (I.S.C. 3601 et seq. ).ps amended. relating to nondiscrimination in Me sale rental or financing of housin`:1i) any other nondiscrimination provisions in the spccitic statutes) under which application for federal assistance is luting made. and (i) the requirements on any other Ixnxliscriminaliunslatute(s)whtch may apply to the application.' . 10. Will comply. or has already complied. with the rcyturemeuts of Tides 11 and 111 of the Unilurm Rchx:aii n Assistance and Real Pn,peny Acquisition Policies Act of 1970 (P.L. 91-6461 which provides fur fair and equitable treatment ofpenons displaced or whose propeny is acquired'as a result of federal and federally assisted programs. These requirements apply to all interests in real property acquired tin. mike, purposes regardless of federal participation in purchases. 11. Will comply with the flood insurance purchase requirements of Section 10_(3) of the If land Disaster Proteetiun Actof 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is 55.009 or more. - 12. Will comply with environmental standards which may he prescribed pursuant to the lid lowing: (a) institution of envimnntental quality control measures under the National Environmental Policy Act of 196') (P.O. 91-190) and Executive Order (EO) 11514: (h) notification of violating facilities pursuant to Et) 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of 11und hazards in Iltxxlplains in accordance with EO 11988: (e) assurance of project consistency with the approved state management program developed tinder the Coastal Zone Management Act of 1972 (16 U.S.C. ;;1451 el seq ); (I) confornsity of federal actions to State (Clean Air) Implementation Plans under - Section 176(e) of the Clean Air Acl of 1955. as amended (42 U.S.C. a 7401 cl seq.); (g) protection of underground sources of drinking wawr under the Safe Drinking Water Act of 1974. as amended. (P.L 93.57:); and (h) protection of endangered species under the Endangered Species Act of 1973. at amended. (PA 93-205). 13. Will comply with the Wild and Scenic Rivers AcI of 196E (16 U.S.C.U.S.C. ;-§ 1271 Clseq ) related to protecting components or potential components (lithe national wild and scenic rivers system. 14. Will assist the awarding agency in assuring compliance with Section 1(16 of the National tlistorie ('reservation Act of 1966. as amended (16 U.S.C. 470). EO 11593 (identification and preservation of historic propenicsk and the Archaeological and Historic Preservation Actof t9?4 (16 U.S.C. 4693.1 et seq.). (5. Will comply with Standardized Emergency Management (SEMS) requirements 35 stated in the California Emergercy Services Act. Government Code. Chapter 7 of Division 1 of Title 2. Section 3607.l (e) and CCR Tide 19. Sections 2415.. 2446.2447 and 2448. 16. Will MSC to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996. 17. Will comply with all applicable requirements of all other federal laws. Executive Orders. regulations and policies governing this program. 18. Has requested through the State of California. federal financial assistance to be used to perform eligible work approved in = the suberamee application for federal assistance. Will. after the receipt of federal financial assistance. through the State of California. agree to the following: a. The state warrant covering federal financial assistance will be deposited in a special and separate account. and will be used to pay only eligible costs for projects described above; " b. To return to the State ofCalifomia such part of the funds so reimbursed pursuant to the above numbered application.. which arc excess to the approved actual expenditures as accepted by final audit of the federal or state government. c. In the event the approved amount of the above numbered pmect application is reduced. the reimbursement applicable to the amount oldie reduction will he promptly refunded to the State ofCalifomia. 19. Will not make any award or permit any award (whgrant or contract) to any party which is debarred or suspended or is. otherwise excluded from or ineligible for panicipatinn in Federal assistance programs under Executive Order 12549 and 12689. -Debarment and Suspension.' The undersigned represents That heishe is authorized by the above named subgranfee to enter into this agreement for and tan behalf ' of the said suhgrantce. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL City Manner OES R9 (Rev 1105) TITLE DATE CITY 003110 C11 0/ eoll n JUL INCO ;C.<.`..TED ..LI.Nli.trsY 24, 1957 Mr. Alan Sheen 1 Poppy Trail Road Rolling Hills, CA 90274 REVISED INVOICE NUISANCE ABATEMENT COST March 22, 2006 Erosion Control Specialists: Demolition and removal of guest house Cutting back headscarp to a 1:1 slope Exportation of soil according to plan (approx. 1,728 cu. yards) Additional debris removal Equipment setup extra cost Placement of sand -bags and plastic sheeting Installation of above ground drainage Installation of 18" NDS catch basin Compacting and grading work for adequate drainage Group Delta Consultants Winterization - Professional Services for the period October 1, 2005 through January 27, 2006 Nuisance Abatement - Professional Services for the period January 1, 2006 through February 24, 2006 Peninsula Septic Svc. Pump Septic Tank - Guest House Copley Los Angeles Public Notice -Consideration of Nuisance Abatement Jenkins & Hogin Legal Services Administration Costs City Manager TOTAL NO. 2 PORTUGUESE BEND'ROAD ROLLING HILLS, CALIF. 90274 (3101377-1521 FAX: (31 O( 377-7288 E-mail c51yo1,h@aolcom S 38,500.00 23,400.00 25,920.00 5,345.00 800.00 19, 736.00 1,200.00 1,850.00 600.00 $ 117,35I.00 13,030.55 3,454.60 16,485.15 710.00 59.92 134,606.07 11,366.50 1,956.20 S 147,928.77 CITY 003834 City o/ R0flirty NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377.1521 FA%_ (310) 377-7285 E -mad: cr1}olrhGaol coin MEMORANDUM TO: PEGGY MINOR, RHCA MANAGER FROM: CRAIG NEALIS, CITY MANAGER SUBJECT: UPDATE REGARDING POPPY TRAIL DATE: APRIL 12, 2005 At the 4/11 City Council meeting, I provided a report to the City Council indicating that the Consulting Geologist and Engineer have expressed "cautious optimism" that Poppy Trail could be reopened without the necessity of providing an alternative paved access. Two more borings (and analysis of the borings) are necessary to support this "cautious optimism". These borings will be conducted on 4/18 and 19. As you recall, the alternative paved access idea was suggested prior to any underground borings or the knowledge that is provided by the analysis of the borings. There will be a great amount of soil that will need to be dealt with in this process. The Consulting Geologist and subcontracting engineer have identified the riding ring as a potential location for either stockpiling or actually accommodating quantities of soil (quantity yet to be determined) in their plan to reopen Poppy Trail. The riding ring is on City property and is currently leased to the RHCA. It would be appreciated if you could provide this office with comments regarding the ability to use this area during the construction phase and/or its ability to accommodate soil generated from the activities to reopen Poppy Trail. Please let me know if you have any questions or concerns. Thank you for your cooperation and support. CRN:mlk 04-II-05RHCA a pdate-mrm.doc cc: City Council City Attorney Mike Jenkins RHCA Attorney Sid Croft CITY 003038 City 0/ Rolling _106 INCC; !:FCATED JAt:JA.RY F;57 NO. 2 PORTUGUESE 3ENO ROAD ROLLING HILLS. CALIF. 9C274 (310) 377-1521 FAX (310) 377-7288 E -malt cityolrhC2aoLcom Agenda Item No: 6-13 Mtg. Date: 10-23-06 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ANTON DAHLERBRUCH, INTERIM CITY MANAGER SUBJECT: PUBLIC HEARING TO CONSIDER NUISANCE ABATEMENT AT 1 POPPY TRAIL ROAD (LOT 90-B-RH). OWNER: ALAN SHEEN DATE: OCTOBER 23, 2006 BACKGROUND On September 26, 2005, the City Council adopted Resolution No. 996, declaring certain conditions on the property at 1 Poppy Trail Road to constitute a public nuisance and ordering the abatement thereof. Thereafter, upon the failure of the property owner to abate the nuisance, the City obtained an abatement warrant from the Los Angeles County Superior Court, and in reliance thereon, engaged the firm of Erosion Control Specialists to perform certain landslide mitigation and winterization measures as recommended by the City's consulting geologist, Group Delta Consultants. Thereafter, the City Council approved the abatement costs incurred by the City, and recorded a lien against the title to the property in order to recover those costs from the property owner. In the time since that work was performed, the plastic sheeting and sandbags on the property have suffered a normal amount of deterioration. In order to assure_ that the protective measures remain effective in inhibiting infiltration of storm water into the active landslide plane, Group Delta recommends that certain work now be performed in anticipation of the 2006-2007 winter rainy season. The City has received a proposal dated September 19, 2006 for the performance of that work from Erosion Control Specialists, the company that performed the original winterization work on the property. The work is anticipated to cost $68,771.00. On October 11, 2006, a letter was sent to the property owner directing him to perform the winterization work described in the Erosion Control Specialist proposal. The letter informed the property owner that if the work was not commenced (and moving forward with due diligence) or completed by October 23, 2006, that the City Council would conduct a hearing to consider declaring the property to constitute a continuing public nuisance, and to order that the work be performed. Rolling Hills Municipal Code Section 8.24.020 (Duty of Owner or Possessor of Property) requires that every person that owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or -1- CITY 003956 area free from any nuisance. Rolling Hills Municipal Code Section 8.28.010 defines any condition on property that has or will aggravate, enlarge or accelerate an active landslide to be a public nuisance subject to abatement pursuant to Chapter 8.24. Mitigation measures to be completed by Mr. Sheen by October 23, 2006 included the following: 1. Remove plastic and sandbag debris 2. Install UV resistant plastic sheeting covered with Tensar TRM 450 fiber blankets anchored by 12" steel pins and washers 3. Install above -ground drainage devices. These safety measures are further described in correspondence (attached) dated October 11, 2006 from Mr. Mike Reader of Group Delta Consultants. Rolling Hills Municipal Code Section 8.24.050 states that "If the nuisance is not abated or good faith efforts towards abatement have not been made within the time set forth in Section 8.24.030, the City Council shall conduct a hearing at the time and place fixed in the notice at which evidence may be submitted by interested persons. Upon consideration of the evidence, the Council may declare thecondition to constitute a public nuisance and order the abatement thereof." The purpose of this public hearing is todetermine whether Mr. Sheen has taken appropriate action to abate the nuisance as described in the attached correspondence. City staff will describe if any implementation of the mitigation measures appear to have been taken at 1 Poppy Trail. Mr. Mike Reader of Group Delta will provide testimony relative to the landslide condition and recommended abatement measures including the need for water infiltration prevention. Testimony may also be provided by the property owner, his representative •or other interested parties. Should the City Council find that the condition of the property continues to constitute a public nuisance within the meaning of the Municipal Code and order the abatement thereof, and should the property owner fail to perform the mitigation measures, the City will either with the property owner's consent or under the. authority of a new abatement warrant, utilize the services of Erosion Control Specialists to perform the work at the property owner's expense. RECOMMENDATION It is recommended that members of the City Council open the public hearing, consider all testimony and consider adoption of the attached resolution. AD:mlk 70-23-061poppytmil-sta4oc -2- • CITY 003957 MATTERS FROM MEMBERS OF THE TRAFFIC COMMISSION Commissioner Stetson commented on the alternative material that had been placed on Poppy Trail by the RHCA for equestrian use. She indicated that she is pleased with this material and has placed the material on her property. CITY 004218 OLD BUSINESS CONSIDERATION OF REQUEST BY THE ROLLING HILLS COMMUNITY ASSOCIATION FOR REVIEW OF AC MATERIAL ON A PORTION OF POPPY TRAIL ROAD FOR EQUESTRIAN PURPOSES. City Manager Nealis presented background regarding this subject. He explained the RHCA exercised their authority to pave and maintain roadways in the City and indicated that the RHCA has introduced the material on Poppy Trail. He explained the Traffic Engineer's previous concern regarding this material and reported that the Traffic Engineer reviewed the application of the alternative material earlier this morning and after seeing the material in the field dose not have the same concerns as originally thought, but has recommended that the _ white sideline marking be.reintroduced to the roadway. The staff report was received and filed and staff was directed to replace the solid white sideline on Poppy Trail. CITY 004219 CONSIDERATION OF REQUEST . BY THE ROLLING HILLS COMMUNITY ASSOCIATION FOR REVIEW OF AC MATERIAL ON A PORTION OF POPPY TRAIL ROAD FOR EQUESTRIAN PURPOSES. City Manager Nealis explained the completion of the realigned Poppy Trail Road by the Community Association and reported that the City had just completed all of the. traffic safety devices for the roadway. He stated that RHCA Architectural Inspector Roger Vink approached him regarding a plan for the Association to modify an approximate 4 -foot wide portion of the paved driving surface in the outbound direction on Poppy Trail to assist equestrians. He indicated that he asked the Association to request that the Traffic Commission review this idea since Traffic Commission routinely reviews equestrian crossings and that he felt that this proposal seemed to represent a sharing of roadway area with equestrians and vehicles that was at least as involved as a crossing. Discussion ensued regarding the type of surface that is proposed. RHCA Architectural Inspector Roger Vink explained the material and indicated that a sample had been placed on a portion of the roadway and that he had asked the horseback riders in the area if the surface was adequate. He indicted that these riders expressed that this surface is great for horses to walk on. He explained that there is no other place in the area for equestrians to ride. City Manager Nealis explained that the issue for the City is whether it is safe to sanction an equestrian parallel use on a driving -surface for 310 feet of roadway from a traffic safety standpoint, but that the selection of any roadway surface is up to the Community Association. Concerns were expressed regarding the interaction between horses and vehicles. Commissioners discussed the proposed surface and the fact that equestrians would be sharing the roadway with vehicles. The steepness of the bank alongside the road was also discussed as well as the poor visibility in some areas of the roadway. Commissioner Stetson expressed that she feels that horseback riders would be utilizing the paved surface whether or not the new surface is introduced because it is the only connecting path in the area. It was suggested that equestrians might be able to use the abandoned temporary ATV access. Traffic Engineer Cline expressed concerns over having an alternative roadway surface in the driving lane because in his experience, vehicles will avoid the alternative roadway surface thereby causing a narrowing of the roadway. He also expressed a concern with equestrians sharing the roadway for a distance of 310 feet. Following discussion, this item was held on the agenda. Staff was directed to advise the City Council regarding this matter and have the Ceotechnical Consultant comment on whether the former temporary ATV access could accommodate equestrian activity- Commissioner Stetson indicated that she would advise the RHCA Board regarding the Traffic Engineer's concerns and discuss the possibility of adding the roughened surface material for the entire width of the roadway surface involved. Minutes Traffic Commission Meeting 03/30/06 -3- CITY 004220 specific underground utility projects. RECOMMENDATION: Approve as presented. Mayor Pro Tem Pernell moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Hill seconded the motion. In response to Councilmember Black, City Manager Nealis, explained that the computer consultant provides support for the City's computer systems and responds to our computer related problems. The motion carried unanimously. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS None. Mayor Heinsheimer suggested that the City Council consider the status report regarding response to land movement in the Poppy Trail area at this time. Hearing no objection, he so ordered. MATTERS FROM STAFF STATUS REPORT REGARDING RESPONSE TO LAND MOVEMENT ADJACENT TO POPPY TRAIL ROAD INCLUDING UPDATES FROM CITY STAFF AND PUBLIC SAFETY AGENCIES AND ADOPTION OF A CONSULTANT AGREEMENT ° FOR GEOLOGICAL SERVICES. City Manager Nealis thanked the residents of Poppy Trail for their cooperation and provided an update regarding the' situation that began on the weekend of March 5, 2005. Counciimembers and those in attendance heard reports from representatives from the Fire Department, Sheriff's Department, Los Angeles County Department of Building and Safety, Area G Disaster Management, and proposed Consulting Geologist Mike Reader of Group Delta. The updates focused on each agency's' initial response, how routine daily services are being provided and how emergency services and response would be handled if the situation were to change. City Manager Nealis provided the City Council with a copy of a draft proposed agreement between the City and Group Delta Consultants, to study the land movement, evaluate temporary access, evaluate the re -opening of the roadway and repair the land movement. He apologized for not being able to provide an advance copy of the draft agreement and reported that minor amendments proposed by the City Attorney had just been discussed that afternoon during a conference call meeting with staff, the RHCA and the proposed Consulting Geologist. He explained that the City Attorney has offered some amendments which will be evaluated by Group Delta. City Manager Nealis explained the three phases of the proposed agreement that will provide a short term assessment study and plans to improve the trail access area (Phase 1), the mid tercet assessment for study and plans to open Poppy Trail (Phase 2) and the overall slope stabilization phase (Phase 3). He explained the costs associated with each phase and indicated that RHCA staff and attorney would discuss this agreement with the RHCA Board at their -next meeting and pmpose the idea of the RHCA funding 50% of the costs incurred by the City that are not recovered by other agencies or parties.. City Manager Nealis explained the idea of mitigation measures that would be designed and. supervised by the consulting geologist. He explained that the mitigation measures are separate from the three. phases in the proposed agreement and would be designed to assist with preventing the situation from getting worse. He indicated that the most important components for the City Council to consider at this time would be the authorization for staff to move forward with mitigation measures for #1 and #4 Poppy Trail following the receipt of signed access agreements by the affected property owners and to approve Phase 1 to allow the consultant to begin their studies of the short term assessment and plans to improve the trail access. He indicated that staff could return with the other phases at a later date. Councilntembers discussed the costs associated with the agreement with the consulting geologist. City Manager Nealis explained that the costs would be expended from the Municipal Self Insurance Fund. Mr. Mike Reader, Group Delta, indicated that the costs for Phase 1 include civil engineering plans and mapping to use as a basis to determine long term and temporary access using the existing trail. He further explained the costs associated with Minutes City Council Meeting 03/14/05 -2- CITY 004941 the other phases. Discussion ensued regarding the timeframe for the consultant to complete the work outlined in the agreement and for the mitigation measures. Mr. Reader explained certain technicalities associated with studying land movement. He suggested that they could begin right away with Phase 1 and indicated that the initial study would take approximately 3 to 4 weeks. Discussion ensued regarding the three phases outlined in the agreement and the sequence of events. Mr. Reader explained that plans will be prepared for the temporary vehicular access and that the over all assessment of the hillside will be conducted simultaneously. Councilmembers also discussed the proposed mitigation measures suggested for the properties at #1 and #4 Poppy Trail. Mr. Bob Jonas, 3 Poppy Trail, queried the consultant about the mid term assessment where it will be determined if the roadway can be opened. City Manager Nealis indicated that it is estimated that this phase will take approximately 8-10 weeks to complete the study in Phase 2. Mr. Ray Ferris, 50 Eastfield Drive, questioned what the process would be if an affected property owner does not cooperate in these efforts. City Manager Nealis explained that the City could take action to complete the work under an abatement process. Mr. Jeffrey Faver, 10 Poppy Trail, commented on the access to the homes on Poppy Trail with ATVs. City Manager Nealis explained that the goal of Phase 1 would be to study what can be done to safely improve the temporary trail access. Mr. Burt Balch, 10 Hackamore Road, commented on the potential for other areas in the City that may affected by land movement. Mr. John Lacy, 7 Poppy Trail, thanked the public safety personnel for their efforts and commented on the proposed mitigation measures. He stated that he feels that it is important to implement the measures as soon as possible and urged the City Council to approve them this evening. Ms. Shannon Freeman, 10 Poppy Trail, commented on Phase 1 and the types of vehicles that would be able to travel on the access way. At 8:45 p.m., Councilmember Black asked for a brief recess to allow time for the City Council to review the agreement. Hearing no objection, Mayor Heinsheimer so ordered. Copies of Phase 1 were provided to the residents of Poppy Trail in attendance. The meeting reconvened at 9:00 p.m. Further discussion ensued regarding the agreement and the three phases. Councilmembers discussed. the costs associated with the phases and the estimated costs for the proposed mitigation measures. City Manager Nealis further explained the access agreements that are necessary for studies and mitigation work to be completed on #1 and #4 Poppy Trail. He indicated the property owners must sign these documents before work can begin. Mr. Zaffer Hassanally, 6 Poppy Trail, commented on the timeframe for completion of the work. Mr. Reader commented on the timeframe outlined in his proposal and indicated that portions of the work will need to be completed on the properties at #1 and #4 Poppy Trail and that the access agreements must be signed beforethey can work on those properties. He indicated that in the meantime, they will be working on how to make the current temporary access more useable without making the overall situation worse. There being no further discussion, Mayor Heinsheimer called for a motion. Councilmember Hill moved that the City Council authorize staff to proceed with Phase 1 of the proposed agreement with the consulting geologist as well as proceed with mitigation measures on the effected properties that are yet to be determined, not to exceed $65,000. Councilmember Black seconded the motion, which carried, unanimously by those Councilmembers in attendance. Mayor Heinsheimer thanked the residents of Poppy Trail for their cooperation and support and at 9:05 p.m. he called for a recess. The meeting reconvened at 9:06 p.m. Minutes City Council Meeting 03/14/05 CITY 004942 Mayor Pemell requested that Councilmembers communicate their choices to the City Manager who will coordinate the information. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL, Councilmember Heinsheimer reported that he would not be present at the City Council meeting scheduled for April 11, 2005. It was suggested that the City Council consider the resolution related to the Tyndall/Juge View Impairment Case at the meeting scheduled for Monday, April 25, 2005. Mayor Pro Tem Lay reported that he would not be in attendance at the City Council meeting scheduled for May 23, 2005. MATTERS FROM STAFF CONSIDERATION OF STATUS REPORT REGARDING POPPY TRAIL ROAD AND ADOPTION OF FURTHER PROVISIONS OF THE PROPOSED CONSULTING AGREEMENT FOR GEOTECHMCAL SERVICES. • STATUS OF MITIGATION MEASURES (Adoption of Agreement for Mitigation Services) • STATUS OF PHASE 1 STUDY • CONSIDERATION OF AUTHORIZATION TO EXECUTE PHASE 2 AND PHASE 3 OF THE GEOLOGICAL SERVICES PROPOSAL • City Manager Nealis presented the status report providing information about the proposed agreement for mitigation measures, the Phase 1 Study and the requested authorization to execute Phase 2 and Phase 3 of the geological services proposal. He indicated that the access agreements had been received from the property owners of #1 and #4 Poppy Trail. City Manager Nealis explained the proposed mitigation agreement and indicated that after consultation with the Consulting Geologist that many of the items on the proposal submitted by the mitigation measures contractor do not need to be completed at this time. He explained that the RHCA did not act on this agreement at their special meeting last week. He indicated that he would work with the City Attorney to amend the agreement so that the City could reserve the right to increase, delete, or add to the scope of work for this contract. He indicated that it is the Consulting Geologist's goal to have a pad created by the mitigation contractor so that testing could occur on the slide area. City Manager Nealis indicated that he checked the references of the proposed mitigation measures contractor and that the City of Diamond Bar. had employed the contractor to do similar work and had indicated that they would rehire this contractor. He explained the emergent clause in the proposed agreement for mitigation measures. City Manager Nealis explained Phase 2. and Phase 3 of the geological services agreement, indicating that the City Council had approved Phase 1 of this agreement at their last meeting. He indicated that the goal of Phase 1 is to provide normalcy to the residents of Poppy Trail by providing a plan for a temporary paved access. He explained that Phase 2 would provide a plan for opening Poppy Trail and Phase 3 would provide a plan for overall slope stabilization. City Manager Nealis explained discussions with the RHCA regarding the concept that the RHCA would provide a financial contribution toward these measures and indicated that he had spoken with the RHCA Manager who indicated verbally that she felt that the concept that the RHCA reimburse the City for one-half of the expenses for the review phases had been approved by the RHCA Board of Directors, but that the minutes of that meeting had not yet been prepared and therefore, the RHCA had not presented anything in writing on the subject. Mr. Mike Reader, Consulting Geologist, explained the mitigation measures and indicated that the most urgent step in order to study the slide is that a pad be created on the slide for the drill rig. Councilmembers discussed the costs associated with the proposal. City Manager Nealis explained that the City Council had previously allocated $65,000 for the Phase -1 study. Councilmember Black stated that he feels that the property owner of #1 Poppy Trail should contribute to this effort and expressed concern about moving forward without a cost sharing contribution since the bulk of the problem involves #1 Poppy Trail. Mr. Reader explained that Minutes City Council Meeting 03/28/05 -3- CITY 004948 since the rain has stopped that the plastic sheeting, sandbagging and other drainage diversion listed in the proposed plan from the mitigation measure contractor are not as urgent as they were during the recent storms. - Discussion ensued regarding work that may occur on private property. Mr. Reader explained that the goal of the mitigation measures is to make room for testing and to make the area safer. Discussion ensued regarding the mitigation measures agreement and associated costs. City Manager Nealis explained that he could work with the contractor and the Consulting Geologist to amendthescope of work. Councilmember Heinsheimer expressed that the liquidated damages clause was not necessary. Councilmembers discussed that perhaps some of the work on the mitigation measures could be completed by alternate sources if needed. Mayor Pro Tem Lay moved that the City Council approve the Mitigation Agreement in an amount not to exceed $76,830.00, as amended to remove the liquidated damages clause and to add language to reflect that the City reserves the right to increase, decrease, delete, or add to the scope of work, or, to enter into any agreements with others to complete any portion of this work. Councilmember Hill seconded the motion, which carried unanimously. - Councilmember Black further expressed that the private property owners of #1 and #4 Poppy Trail should contribute to the costs incurred by the City for the work on their properties. Councilmember Heinsheimer stated that he feels that staff should notify the RHCA regarding the City Council's action this evening. Discussion ensued regarding Phase 2 and Phase 3. In responsetoMayor Pernell, Mr. Reader explained the extent of the slide and the testing that is occurring in the area. He indicated that geology does not follow property lines and the effect that this has on all area properties. Mr. Reader further explained that the driveway to #1 Poppy Trail has been affected by the slide recently. In response to Mayor Pro Tem Lay, City Manager Nealis explained the timeframe . outlined for each of these phases. Further discussion ensued regarding the costs being incurred by the City for the testing and mitigation measures. Councilmembers requested staff to investigate cost sharing with the affected parties. Mayor .Pro Tern Lay moved that the City Council approve Phase 2 and Phase 3 of the consulting agreement for geotechnical services with Group Delta as presented. Councilmember Hill seconded the motion. Mr. Bob Jonas, 3 Poppy Trail commented on Phase 3 and suggested that only Phase 2 be approved at this time. In response, the Consulting Geologist, explained the process in these phases and indicated that they can be worked on concurrently. He stated that the main goal is to gain a useable temporary access for the residents of Poppy Trail. Mr. Jonas expressed concern about the slide above the proposed temporary access way that will be plannedduringPhase 1 and the safety of those using it. Mr. Reader explained considerations that will be taken during the construction phase and coordination of efforts between the residents and the construction company. Mr. Jonas expressed concern about the timeframe involved in all of the phases. Mr. Reader explained how the three phases work in concert with one another. Mr. Ray Ferris, 50 Eastfield Drive, commented on possible closure of the existing temporary • access way and explained that the RCHA is exploring an alternative access in a different location. Hearing no further discussion, Mayor Pernell called for a roll call vote: AYES: Councilmembers Black, Hill, Heinsheimer, Mayor Pro Tem Lay and Mayor Pernell. - NOES: None. - ABSENT: None. ABSTAIN: None. In response to Dr. Ron Sommer, 2 Poppy Trail, City Manager Nealis explained the extensive communication efforts so that all parties are fully informedonthe daily management of this situation. Dr. Sommer further commented on the planned new trail access at the other end of Poppy Trail and expressed concern about the planned proposed new access way associated with Phase 1. City Manager Nealis explained that the new trail access that is being considered is under the auspices of the RHCA. Also in response to Dr. Sommer, City Manager Nealis explained the access agreements with #1 and #4 Poppy Trail that had be to crafted by the City Attorney's office. Minutes City Council Meeting 03/28/05 -4- I CITY 004949 NEW BUSINESS CONSIDERATION OF PROPOSAL FROM MULLIGAN LANDSCAPE SERVICES, INC. FOR CITY OF ROLLING HILLS CITY ADMINISTRATION FACILITY AND TENNIS COURT AREA LANDSCAPE MAINTENANCE SERVICES. City Manager Nealis presented the staff report outlining the proposal submitted by Mulligan Landscape Services, Inc. Discussion ensued regarding the proposal. Councilmembers expressed concern about the increase in Year 1 of the 3 -year contract. Mr. Mike Fore, Mulligan Landscape Services, Inc., explained his tenure with the Company and misdirection of previous company staff that bid on this contract. He indicated that the contract is based on man-hours and that the company had not previously made a profit with this contract. He explained that the Company's insurance costs have risen and other factors such as the cost of living. Mr. Fore stated that he feels that with this proposal the company will make a fair profit. Following discussion, this item was held until later on the agenda. CONSIDERATION OF RESOLUTION NO. 976: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING AND APPROVING THE EXECUTION FOR FISCAL YEARS 2006-2009 A COOPERATION AGREEMENT BETWEEN THE CITY OF ROLLING HILLS AND THE COUNTY OF LOS ANGELES COMMUNITY DEVELOPMENT COMMISSION FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. City Manager Nealis presented the staff report providing information regarding the City's cooperation agreement with the County Community Development Commission for the CDBG program. Hearing no discussion, Mayor Pernell called for a motion. Mayor Pro Tem Lay moved that the City Council adopt Resolution No. 976. Councilmember Hill seconded the motion which carried unanimously by those Councilmembers in attendance. • OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Mr. Ron Sommer, 2 Poppy Trail, complimented the City Manager on his efforts in assisting the Poppy Trail residents with extra green waste receptacles from BFL - Captain Dave Courtney, LAM, Station 56, thanked the City Council and City Manager for the excellent coordination and communication efforts related to the Poppy Trail land movement incident. Captain Courtney provided brief comments regarding the weed clearance standards in the City. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM STAFF. STATUS REPORT REGARDING POPPY TRAIL. AUTHORIZATION TO SUBMIT REQUEST FOR PUBLIC ASSISTANCE. City Manager Nealis provided a status report regarding the Poppy Trail land movement and reported that based upon the latest review of the soil material after completing three borings, the Consulting Geologist and their engineering subcontractor are "cautiously optimistic" that efforts can be directed toward preparing a plan to for the potential reopening of Poppy Trail in lieu of preparing a plan for an alternative paved access for Poppy Trail residents. He indicated that a cost -sharing meeting has been scheduled this week with property owners to discuss two levels of cost sharing and the necessity for other agreements to protect the City's interests. He also reported that mitigation protective work began today and that two more borings are scheduled for next week which are important to determine the ability to reopen Poppy Trail and revaluate the level of "cautious optimism". Councilmember Hill commented on soil that may need to be placed elsewhere on a temporary or permanent basis during the potential construction to reopen Poppy Trail. City Manager Nealis indicated that the Consulting Geologist and engineer would need to further investigate the amount of soil. Mr. Bob Jonas, 3 Poppy Trail, suggested a method of feathering the soil from the slide around the area of the slide and perhaps building the roadway up a bit. Minutes City Council Meeting 04/11/05 -2- CITY 004952 NEW BUSINESS CONSIDERATION OF A RECOMMENDATION FROM THE PLANNING COMMISSION RELATIVE TO THE REQUIREMENT OF A LANDSCAPE PLAN FOR SWIMMING POOLS APPROVED OVER THE COUNTER. City Manager Nealis presented the staff report providing background regarding this matter and the Planning. Commission's recommendation that staff require a landscape plan for swimming pools approved over the counter. Discussion ensued regarding this recommendation. In response to Councilmember Black, City Manager Nealis explained that pools are usually landscaped along with the construction of the pool and that staff will inspect the landscaping 1 -year after planting to assure that it is planted and being sustained. Councilmember Black also commented on the height of trees. City Manager Nealis explained that trees would be required to be maintained at 25 feet in height and not grow past the roofline of the residential structure. Hearing no further discussion, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council approve the recommendation from the Planning Commission relative to the requirement of a landscape plan for swimming pools approved over the counter. Councilmember Hill seconded the motion, which carried unanimously. OPEN AGENDA - APPROXIMATELY 8:00 P.M, - PUBLIC COMMENT WELCOME None. Mayor Pernell suggested that the City Council consider the update on Poppy Trail at this time. Hearing no objection, he so ordered. MATTERS FROM STAFF UPDATE ON POPPY TRAIL. • FEMA APPLICATION DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR FEDERAL FINANCIAL ASSISTANCE. City Manager Nealis provided information regarding the FEMA application forms which authorize specific staff members to execute the required application forms for federal financial assistance as a result of the disaster declaration for recent winter storm damage. City Manager Nealis reported that two borings in the slide mass were completed last week and that the data from the borings to date has improved the level of "cautious optimism" to reopen a 2 -lane roadway in the vicinity of the existing Poppy Trail Road. He reported that another boring is scheduled to be completed this week at the top of the slide mass adjacent to the guesthouse and tennis court area on #1 Poppy Trail. He reviewed the history regarding the idea of constructing a temporary paved access somewhere downhill below the existing Poppy Trail Road that was initially considered prior to geologic data obtained from recent borings. He explained that the mitigation measures have been completed. City Manager Nealis presented a conceptual roadway plan and indicated that it would realign the roadway over portions of slide soil that is currently on the roadway and will require importing soil to extend the elevation above the current paved surface in both directions of the slide mass and create a road that goes over portions of the debris. He said that the plan does not include activities on private property. City Manager Nealis indicated that this plan is supported by the Consulting Geologist and Engineer and reported that the geological information does not support the removal of soil from the roadway. He explained and pointed out on the conceptual plan where a 2 -lane 20 ft. wide paved roadway, debris wall, guardrail and drainage devices would be located. He indicated that the plan may change slightly. In response to Councilmember Black, City Manager Nealis explained that creation of this road will not stabilize the slide and indicated that the property owners of #1 and #4 Poppy Trail have not expressed a willingness as of yet to participate financially in repairing the slide on their properties. Minutes City Council Meeting 04/25/05 -3- CITY 004956 City Manager Nealis recommended that the City Council approve this conceptual road plan and authorize him to present this design to the RHCA and forward working plans to the RHCA for construction of the actual roadway. In response to Mayor Pernell, Mr. Mike Reader, Consulting Geologist, explained that the upper trail in the area should not be used due to safety concerns. He indicated that finishing the road design should take a few weeks and it should take approximately 2-4 months to construct the road. He explained the soil import and paving process that needs to be completed. He further explained the debris/retaining wall. In response to Mayor Pernell, Mr. Reader indicated that approximately 5,000 yds. of soil would need to be imported. City Manager Nealis stated that efforts to minimize the amount of import soil would be made. Discussion ensued, regarding the import of soil. City Manager Nealis explained that the soil onsite is not recommended for use because of the geological conditions in the area. In response to Mayor Pro Tem Lay, City Manager Nealis explained that without the participation of the affected private property owners, he does not know when the repair of the entire slide can be accomplished. Mr. -Reader explained that the proposed temporary road will serve in the interim and that it will have to be maintained as any road through an active landslide. Councilmember Hill commented on the proposal. Mr. Reader explained certain geologic conditions in the area and indicated that he does not recommend using soil from the slide for road construction. Further discussion ensued regarding the import of soil and options for the source of the soil. Mr. Reader indicatedthat a source of soil has not yet been identified. In response to Councilmember Heinsheimer, Mr. Reader indicated that making large excavations anywhere near the slide is not recommended. Discussion ensued regarding the overall repair of the landslide. In response to Councilmember Black, City Attorney Jenkins stated that Phase 3 could only be accomplished if the private property owner of #1 Poppy Trail will contribute the financial resources to fix the problem on his property. He said that a road would be included in the overall repair of the slide but, at present, it is uncertain when or if that will occur. Mr. Reader reported that the driveway to #1 Poppy Trail has been red -tagged by the County. Mr. Bob Jonas, 3 Poppy Trail, commented on the slide and safety of road construction. In response, Mr. Reader pointed out on the plan where the soil will be placed to accomplish the construction of the new temporary roadway over the landslide. He indicated that this area does not appear to be moving at this time. Mr. Jonas discussed options as to what the City could do to ensure that the property owner of #1 Poppy Trail would repair the landslide on his property. ' Councilmember Heinsheimer commented on the RHCA's possible reimbursement to the City for the expenses incurred for the geologic study, mitigation measures and road design work. Mayor Pro Tem Lay indicated that it is historically the responsibility of the RHCA to construct and maintain roads. City Manager Nealis indicated that, with City Council approval this evening, he would present the conceptual road plan to the RHCA Board and express the City Council's understanding that the City would present the road construction plans to the RHCA for construction of the road. He further indicated that he had presented this concept to the RHCA Manager this week who indicated that she felt that the RHCA would construct the roadway. Councilmember Black- commented on hold harmless clauses for the property owners on Poppy Trail. City Attorney Jenkins indicated that it is not known at this point if hold harmless clauses would be enacted. Mr. John Lacey, 7 Poppy Trail, applauded the idea of a temporary solution to the access issue for Poppy Trail residents, however, that it was not acceptable to him that a total repair of the slide not be completed. He expressed that he feels that a long-term plan to repair the entire landslide needs to be addressed. In response to Mr. Lacy, City Manager Nealis explained that presently the incentives of the property owners of #1 and #4 Poppy Trail to repair their properties is not known and that it is the immediate goal of the City to return Poppy Trail residents to a greater degree of normalcy then they are currently experiencing. City Manager Nealis explained that the County will not approve a partial repair of the slide only on the City property and that they will require all affected properties to be repaired. He explained a situation in the City where another landslide involving 3 private properties occurred and that after legal, incentive, geologic and planning issues were addressed, it took approximately five years to repair that entire slide. Minutes City Council Meeting 04/25/05 -4- I I CITY 004957 Discussion ensued regarding options to require the other affected property owners to contribute to the repair of the entire landslide. City Attorney Jenkins indicated that these options would take considerable time and money to accomplish and that the current course to cause the roadway construction outlined by the City Manager was prudent. Following discussion, the City Council authorized and directed the City Manager to request to attend the next RHCA Board of Directors meeting to present this design plan with the Consulting Geologist and to report that the City is preparing plans and specifications that the City will present construction plans to the Community Association for construction of the actual roadway. Councilmember Heinsheimer moved that the City Council approve the "Designation of Applicant's Agent Resolution" (OES Form 130), authorizing the City Manager and Planning Director to execute the required application forms to FEMA and OES for federal financial assistance for storm related damage. Councilmember Hill seconded the motion, which carried unanimously. Councilmember Black indicated that he feels that the City Council should discuss hold harmless clauses, MATTERS FROM MEMBERS OF THE CITY COUNCIL CONSIDERATION OF STATUS REPORT REGARDING SOLID WASTE COLLECTION SERVICES BY THE CITY COUNCIL SOLID WASTE/RECYCLING SUBCOMMITTEE. City Council Solid Waste Recycling Subcommittee Member Mayor Pro Tem Allen Lay presented a status report regarding the discussions with BFI to reach a mutually agreeable contract extension. He reported that an agreeable contract extension proposal has been tentatively approved by BFI and that the City is waiting fora formal written proposal for a 5% increase on July 1, 2005 and maximum annual adjustments not to exceed 4.5% based upon a CPI plus 1.25%.. Mayor Pro Tem Lay indicated that he feels that this is a fair proposal given the scope of service that is provided in Rolling Hills compared to the services provided in neighboring cities. Councilmember Hill commented on the regulations for controlling pollution from the trucks used by the waste hauler and the haulers compliance with these standards. Councilmember Heinsheimer commented on the problems that can occur when a waste collection contract is bid and a new contractor is chosen to provide this service. Mayor Pro Tem Lay indicated that he would return with a formal recommendation in the near future. Mayor Pro Tem Lay thanked the City Council and staff for the plant that had been sent to his wife recently offering a speedy recovery for her recent surgery. Councilmember Heinshehner expressed concern regarding the electronic entrance security system installed by the RHCA and the management of the information recorded by the system. MATTERS FROM THE CITY ATTORNEY CLOSED SESSION The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation. Existing Litigation: G.C. 54956.9(a) Judith Hassoldt and William Hassoldt, Individuals, Plaintiffs, vs City of Rolling Hills, et. al., Los Angeles County Superior Court, Case No. BC275012. No closed session was held on this matter. The City Attorney announced that an item relative to acquisition of land, a portion of the Saradakis property at 4 Poppy Trail, had come to his attention after the agenda had been posted. Councilmember Heinsheimer moved that the City Council include this closed session relative to this matter on the agenda. Mayor Pro Tem Lay seconded the motion, which carried unanimously. At 9:24, the meeting reconvened and the City Attorney reported that no action was taken in closed session. Minutes City Council Meeting 04/25/05 CITY 004958 proposed temporary road. He indicated that since the last time a temporary road plan had been submitted to the City Council, that the Consulting Geologist conducted two more borings in the slide mass and elsewhere on #1 Poppy Trail and that based on his findings he is now recommending the plan presented this evening. City Manager Nealis explained that it would take at least two to three years to stabilize the entire slide which would include County review for slide stabilization which is a broader review than that for a temporary paved access. City Manager explained that it is the goal to have utilities in that area as visually pleasing as possible and indicated that he will be meeting with the utility companies this week to review the temporary road plan with them and discuss its effect on their facilities in the area. Dr. Ronald Sommer, 2 Poppy Trail, commented on the plan for the temporary paved access and expressed concern that it will go over the slide. He inquired as to whether the access the residents are using now could be widened and used for the temporary paved access. City Manager Nealis explained that concerns had been expressed previously regarding paving that equestrian access. He further explained the area where the proposed temporary paved access would be constructed. Mr. Bob Jonas, 1 Poppy Trail, commented on the costs to the RHCA for the temporary paved access construction. In response to Mr. Jonas, City Manager Nealis explained that he does not have information at this point to know whether the residents can use the old road in the future. Mr. Jonas indicated that some of the Poppy Trail residents had expressed concern about the temporary paved access going over the slide for an extended period of time and how it affects their property values. In response to Mr. Jonas, City Manager Nealis explained that the final geology report will be a public document and made available. He also explained that the Consulting Geologist is working in advance of the original due date for the tests and reports that he is to prepare. Mr. Ray Ferris, 50 Eastfield Drive, Member .of the RHCA Board of Directors, commented on the plan to construct a temporary paved access over the slide mass and the plan to cut into that the slide material. He indicated that the RHCA Board is concerned that this will be a temporary road because of the restricted usability. He indicated that the RHCA Board is interesting in improving access in a timely manner and to the greatest extent possible enhance the preservation of the property values of the homes on Poppy Trail. In speaking as a resident of Rolling Hills, Mr. Ferris expressed concern that if a temporary road is constructed that there may not be a complete fix to the problem. He indicated that he hopes that there can be a way to get back down to the original road without affecting the toe of the side. In response to Mayor Pernell, Mr. Ferris indicated that he is satisfied with the information that has been shared with the RHCA regarding the information being disseminated about the slide. He commented on the formation of an Ad Hoc Subcommittee to discuss issues related to the slide. Discussion ensued regarding the temporary paved access for Poppy Trail and concerns about the use of the ATV roadway during winter storms and the provision of a safe access -for the residents of Poppy Trail. Councilmember Black encouraged the City Attorney to look into hold harmless agreements with residents of Poppy Trail. Councilmember Hill indicated that he feels that the City should move as quickly as possible to prepare the temporary paved access plan. Mrs. Teresa Hassanally, 6 Poppy Trail, commented on the temporary paved roadway access and inquired as to why since some of the soil is being removed from the area, why can't the soil be taken all the way down to the old Poppy Trail roadway. City Manager Nealis explained that the Consulting Geologist does not recommend removing the soil down to the old Poppy Trail and that the City could not do a temporary fix that would grossly affect other properties. He further explained the borings that had been done in the area and the Consulting Geologists recommendation for the temporary paved access. Councilmember Heinsheimer indicated that the final report front the Consulting Geologist would outline the rationale for the current plan for the road. Dr. Ron Sommer, 2 Poppy Trail, commented of the weight limit of larger trucks that will be able to traverse the temporary paved roadway access. Mr. John Lacey, 7 Poppy Trail, commented on the temporary paved access and the time frame to complete it. He also commented on the plan for a complete fix of the entire slide. City Manager Nealis explained that he expects to have a final plan on May 18 or May 19 and that this final plan will be reviewed by the City Council on May 23 and forwarded to the RHCA for construction on May 24. Minutes City Council Meeting 05/09/05 4 CITY 004963 Mayor Pernell thanked those in attendance for the input. There being no further discussion, Councilmember Tom Heinsheimer and Councilmember Frank Hill were selected to serve as an Ad Hoc City Council Subcommittee to discuss cost sharing with the RHCA Subcommittee and other matters related to Poppy Trail Road. Councilmember Black further expressed his support to obtain hold harmless agreements from all property owners on Poppy Trail Road. MATTERS FROM MEMBERS OF THE CITY COUNCIL CONTINUED Mayor Pro Tem Lay reported that he and Councilmember Hill met as the Personnel Subcommittee to discuss the City Manager's employment agreement and that their recommendation would be presented to the City Council by Councilmember Hill at the May 23, 2005 City Council meeting. Mayor Pernell reported that unless there were any objections, he would move forward with the City Council Committee Assignments with no changes from the previous year. There being no objection, he so ordered. Councilmember Black commented on his support to obtain hold. harmless agreements from all property owners on Poppy Trail Road. MATTERS FROM THE CITY ATTORNEY CLOSED SESSION The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation. Existing Litigation: G.C. 54956.9(a) Judith Hassoldt and William .Hassoldt, Individuals, Plaintiffs, vs City of Rolling Hills, et. al., Los Angeles County Superior Court, Case No. BC275012. No closed session was held. City Attorney Jenkins reported that his firm is a finalist to provide City Attorney services in the City of Rolling Hills Estates. ADJOURNMENT Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 8:36 p.m. to the regular meeting of the City Council scheduled to be held on Monday, May 23, 2005, beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Approved,, 1 .. Mayor Minutes City Council Meeting 05/09/05 r 9r%�.rrS:y� Marilyn Kerii Deputy City Clerk -5- CITY 004964 Mr. Mike Reader, Consulting Geologist, explained the road feasibility study/plan to those in attendance. He indicated that the entire roadway plan has been designed on City property and has been created from a civil engineering and geologic standpoint. Mr. Reader indicated that the plan has been created to pose the absolute minimum affect on the adjoining properties. He explained the fill Areas on the plan. He further explained the debris wall constructed with railroad tics and steel I -beams that have been recommended. He stated that the debris wall, which is approximately 250 feet long, does not stabilize the slide but acts to protect the road from falling debris. In response to Councilmember Black, Mr. Reader explained that if there were no property lines involved that he could ultimately design a repair plan for the entire slide. In response to Mayor Pernell, Mr. Reader indicated that he had completed all of the geologic investigation on 1 Poppy Trail before the property owner rescinded the access agreement. In response to Councilmember Black, Mr. Reader explained that it is important to control the water that may run into the landslide area. City Attorney Jenkins stated that it is his understanding that the water had been turned off to the property at 1 Poppy Trail. Councilmember Black indicated that he had noticed damp and soggy soil on the property. Mr. Reader stated that drainage on the property would ultimately need to be addressed. Mr. Ross Bolton, Bolton Engineering, explained the temporary road plan design and planned drainage devices. City Attorney Jenkins commented on the uniqueness of the City. He indicated that the City was established as a private community with private roadways and that the City does not construct or maintain any private roadways. He indicated that the Rolling Hills Community Association and private property owners in the City maintain all of the roadways: He explained that California laws are clear in that it is not lawful to gate public streets and that public streets must be made accessible to everyone and as a consequence of these laws, the City Council has been careful to maintain the integrity of the privacy of the City and gate system by being clear that the City and public do not have an ownership interest in the roadways. He commented on the separate identity of the City and the Rolling Hills Community Association and the differences between the two entities and indicted that this separateness is oftentimes confusing as to which entity is responsible for what. He commented on the importance to the community to maintain its privacy and the gate system by assuring that the City does not own any roads. He indicated that the City does not own or maintain any roadways in the City. City Attorney Jenkins indicated that this situation has become more complicated because part of the landslide is on City property and a significant part is on private property. He explained that the City had engaged experts to assist in evaluating the slide and prepare plans in the interest of helping the community regain reasonable access. He stated that the plan is not being presented to the City Council as part of a road project with the intention that the Council can authorize construction of a road, but rather it is being .presented 'to the community in the interest of trying to be as helpful and in an expeditious manner possible to have something on the table to discuss with the hope that there will be other solutions in terms of providing access. In response to Councilmember Black, City Attorney Jenkins explained that the City could declare an emergency and enter property if necessary to abate an immediate peril to life or property. He explained the legal process for this type of action. Mr. Bob Jonas, 3 Poppy Trail, commented on the condemnation process and the reasonable value of the other property that is involved in the landslide. Mr. Jonas commented on the drainage system for the guesthouse at 1 Poppy Trail. Mr. Bolton, Bolton Engineering further explained the planned drainage system outlined on the road feasibility study/plan. In response to Dr. Ron Sommer, 2 Poppy Trail, Mr. Reader explained. that some water had been observed during his geologic investigation in the slide zone. In response to Dr. Sommer, Mayor Pernell indicated that it is not within the City's purview to construct the road and that as mentioned by the City Attorney, that the City cannot build roads. Mr. Zaffar Hassanally, 6 Poppy Trail, commented on the letter submitted earlier in the day from Poppy Trail residents requesting that the City obtain a second opinion to reopen Poppy Trail which they feel would provide more of a long-term solution. He explained a meeting that he had had with another geotechnical engineer. Mayor Pemell indicated that further geologic investigations would be difficult now because the owner of 1 Poppy Trail has rescinded his access agreement with the City. Mr. Reader indicated that he had discussed this situation with the geotechnical engineer suggested by Mr. Hassanally and explained all of the factors involved with this situation. Mr. Hassanally indicated that he feels that the plan recommended by the geotechnical engineer he suggested provides a safer access. Minutes City Council Meeting 05/23/05 -4-, CITY 004969 Councilmember Heinsheimer indicated that the plan presented this evening was a feasibility plan created to determine if it was feasible to provide an alternative access for Poppy Trail residents under all weather conditions and also indicated that it is an engineering study based upon all the data collected. In response to Dr. Sommer, City Attorney Jenkins explained that it was not feasible to eliminate the riding trail or plan a temporary access in the location that is now being used by the residents because of potential environmental concerns and objections in the area. In response to Mrs. Teresa Hassanally, 6 Poppy Trail, Mr. Bolton explained that the temporary access road is planned on City property only. He also explained the drainage work that has been planned for 1 and 4 Poppy Trail. Mr. Reader indicated that control of drainage is a major element in a landslide project. In response to Dr. Sommer, Mr. Bolton explained the location and material•of the proposed debris wall. There being no further discussion, the City Council received and filed the road feasibility study/plan and thanked those in attendance for their comments. MATTERS FROM THE CITY ATTORNEY CONSIDERATION OF FIFTEENTH AMENDMENT TO TI-IE CITY MANAGER'S EMPLOYMENT AGREEMENT AS RECOMMENDED BY THE CITY COUNCIL PERSONNEL SUBCOMMITTEE. City Attorney Jenkins presented the staff report outlining the recommendation of the Personnel Subcommittee relative to the City Manager's employment agreement. Councilmember Hill reported that the Personnel Subcommittee felt that the City Manager has done more that a superior job and indicated that the Subcommittee felt that a 5.5% increase was reasonable. Councilmember Hill moved that the City Council approve the City Manager's Employment Agreement as recommended by the City Council Personnel Subcommittee. Councilmember Heinsheimer seconded the motion. Mayor Pernell stated that the City Manager has done an outstanding job for the community and called for a roll call vote. AYES: Councilmembcrs Black, Heinsheimer, Hill and Mayor Pennell. NOES: None. ABSENT: Mayor Pro Tem Lay. ABSTAIN: None. CLOSED SESSION The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation. Existing Litigation: G.C. 54956.9(a) Judith Hassoldt and William Hassoldt, Individuals, Plaintiffs, vs City of Rolling Hills, et. al., Los Angeles County Superior Court, Case No. BC275012. No closed session was held regarding this matter. Anticipated litigation, one case G.C. 54956.9(6) No closed session was held regarding this matter. ADJOURNMENT Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 8:30 p.m. in memory of William MacCabe and Betty Hesse. The meeting was adjourned to the next regular meeting of the City Council scheduled to be held on Monday, June 13, 2005, beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, App Godfrey e ell Mayor Minutes City Council Meeting 05/23/05 Marilyn Kern Deputy City Clerk -5- CITY 004970 PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION RELATIVE TO FY 2005-06 BID SPECIFICATIONS AND REQUEST FOR PROPOSAL FOR CITYWIDE REPLACEMENT OF TRAFFIC STRIPING AND PAVEMENT MARKINGS IN THE CITY OF ROLLING HILLS. City Manager Nealis presented the staff report providing background regarding the Traffic Striping and Pavement Marking Project bid specifications and request for proposal and the Traffic Commission's recommendation that the City Council approve the document. In response to Councilmember Black, City Manager Nealis indicated usually 3 or 4 bids are submitted for this work. Hearing no further discussion, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council approve the recommendation from the Traffic Commission relative to the 2005-06 Bid Specifications and Request for Proposal for the Citywide Replacement of Traffic Striping and Pavement Markings Project and authorize staff to proceed with the bidding process. Councilmember Black seconded the motion, which carried unanimously. CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION RELATIVE TO EXTENSION OF THE AGREEMENT BETWEEN THE CITY OF ROLLING HILLS AND CHADWICK SCHOOL FOR STUDENT DROP-OFF AND PICK-UP. City Manager Nealis presented the staff report providing background regarding the agreement between the City and Chadwick School for student drop-off and pick-up service and the Traffic Commission's recommendation that the City Council extend the agreement. Hearing no discussion, Mayor Pernell called for a motion. Councilmember Black moved that the City Council approve the recommendation from the Traffic Commission to extend the agreement between the City and Chadwick School for student drop-off and pick-up service. Mayor Pro Tem Lay seconded the motion, which carried unanimously. PUBLIC HEARINGS CITY OF ROLLING HILLS DRAFT BUDGET INCLUDING THE ANNUAL REPORT ON: GENERAL FUND, COMMUNITY FACILITIES FUND, MUNICIPAL SELF INSURANCE FUND, REFUSE COLLECTION FUND; SOLID WASTE CHARGES, COPS FUND, TRAFFIC SAFETY FUND, TRANSIT FUND -PROP. A, TRANSIT FUND -PROP. C, AND UNDERGROUND UTILITY FUND FOR FISCAL YEAR 2005-06. City Manager Nealis reported that the Draft FY 2005-06 Municipal Budget is presented this evening for consideration by the City Council. Mayor Pernell opened the public hearing and called for testimony. Hearing none, he continued the public hearing to the next regular City Council meeting to be held on Monday, June 27, 2005. Councilmember Hill commented staff to the excellent job in creating the budget. OLD BUSINESS None. NEW BUSINESS None. OPEN AGENDA - APPROXIMATELY 8:00 P.M, - PUBLIC COMMENT WELCOME In response to Mr. Ray Ferris, 50 Eastfield Drive, City Manager Nealis explained that Group Delta Consultants have indicated that the City should receive the Poppy Trail Geologic Study on Thursday or Friday of this week. City Manager Nealis indicated that copies will be provided to the City Council and made available to the public. Minutes City Council Meeting 06/13/05 -2- CITY 004972 MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Black commented on the mosquito problem caused by the water features on 1 Poppy Trail and requested staff to research the number of visits by the Los Angeles County West Vector Control District to this property and determine whether the District could initiate special service charges against the owner of the property. Councilmember Black questioned the City Attorney whether the City could initiate condemnation proceedings against #1 Poppy Trail. In response to Councilmember Black, City Attorney Jenkins explained that he would normally discuss legal issues in closed session and offered to meet with Councilmember Black if he desired. Mayor Pernell reported that his granddaughter would be a U.S. Representative in rowing at the World Games in Japan in August, 2005. MATTERS FROM STAFF City Manager Nealis reported that the City was going to assist the Women's Community Club regarding their proposal for trimming of the vegetation at the corner of Palos Verdes Drive North and Portuguese Bend Road and in front of City Hall this week. MATTERS FROM THE CITY ATTORNEY CLOSED SESSION The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation. Existing Litigation: G.C. 54956.9(a) Judith Hassoldt and William Hassoldt, individuals, Plaintiffs, vs City of Rolling Hills, et. al., Los Angeles County Superior Court, Case No. BC275012. No closed session was held. ADJOURNMENT Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 8:10 p.m. to the regular meeting of the City Council scheduled to be held on Monday, June 27, 2005, beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Marilyn Ker K• -Of') Deputy City Clerk Approved, Godly Pe Mayor Minutes City Council Meeting 06/13/05 . -3- CITY 004973 City Manager Nealis provided background regarding the City's agreement with Group Delta Consultants to prepare a Geological and Geotechnical Report and introduced Mike Reader of Group Delta Consultants. Mr. Reader presented an overview of the Final Geological and Geotechnical Report. Mr. Reader provided background regarding the slide that occurred on March 6, 2005 and the scope of services that he was contracted to complete which included interim protective measures and to evaluate a temporary access road. He presented technical information and findings regarding the field exploration, mapping, laboratory testing and engineering analysis that was completed on the slide as outlined in his report dated June 16, 2005. Mr. Reader indicated on the plan the area of land movement and projected boundaries of the larger land feature that is believed to be a component of the slide in the area. He also pointed out another smaller slide feature adjacent to the land area that failed in March. In response to Mr. Robert Jonas, 3 Poppy Trail Road, Mr. Reader explained that the cause of the slide has not been determined and he was not hired to make this determination. In response to Dr. Carmen Schaye, 58 Portuguese Bend Road, Mr. Reader explained the properties that are involved in the slide. In response to Councilmember Black, Mr. Reader explained that typically a slide releases water just prior to a land movement occurrence. In response to Mayor Pro Tem Lay, Mr. Reader explained the proposals that had been outlined for a temporary access for Poppy Trail residents. He pointed out the current proposal that the City Council had reviewed on May 23, 2005. Mr. Jonas commented on a new plan that Bolton Engineering had prepared for the Community Association. Mr. Reader indicated that he had reviewed the plan but further work review needs to be completed on that plan. Hearing no further discussion, Mayor Pernell called for a motion. Mayor Pro Tem Lay moved that the City Council receive and file the report. Councilmember Hill seconded the motion, which carried unanimously. Councilmembers thanked those in attendance for the input regarding this subject. RESOLUTION NO. 986: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002. (REQUIRED STATE RESOLUTION TO MEMORIAT.T7F PREVIOUS CITY COUNCIL ACTION TO PLEDGE FUNDS AS DESCRIBED IN RESOLUTION NO. 987) RESOLUTION NO. 987: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS PLEDGING ITS PER CAPITA FUNDS TO THE CITY OF RANCHO PALOS VERDES TO PRESERVE OPEN SPACE IN THE PORTUGUESE BEND AREA. City Manager Nealis presented the staff report indicating that Resolution No. 986 and Resolution No. 987 memorialize the previous action by the City Council to pledge these grant funds to the City of Rancho Palos Verdes for the Palos Verdes Peninsula Land Conservancy Open Space Project in the Portuguese Bend Area. Hearing no discussion, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 986 and Resolution No. 987. Mayor Pro Tem Lay seconded the motion, which carried unanimously. NEW BUSINESS CONSIDERATION OF A FINAL MAP FOR A PREVIOUSLY APPROVED TENTATIVE PARCEL MAP NO. 26356, SUBDIVISION NO. 89, ZONING CASE NO. 615, LOCATED NORTH OF JOHNS CANYON ROAD AT STORM HILL LANE WHERE THERE I5 ONE RESIDENTIAL DEVELOPMENT AT 4 STORM HILL LANE, (LOTS 169 -A -MS AND 169- B -MS). CONSIDERATION OF RESOLUTION NO. 988: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A FINAL PARCEL MAP NO. 26356 SUBDIVISION NO. 89, A SUBDIVISION OF EXISTING TWO LOTS TOTALING 67.64 ACRES INTO FOUR SINGLE FAMILY RESIDENTIAL LOTS LOCATED NORTH OF JOHNS CANYON ROAD AT STORM HILL LANE WHERE THERE IS ONE RESIDENTIAL DEVELOPMENT AT 4 STORM HILL LANE IN ZONING CASE NO. 615. Minutes City Council Meeting 06/27/05 -3- CITY 004976 honor of the Storm Family. She indicated that the proposed tables would be constructed of colored concrete. She indicted that the amenities are designed with ease of maintenance and durability. In response to Mayor Pernell, Mrs. Breckenridge explained that a water source is not planned and that native vegetation is proposed. She reported that the RHCA has indicated that they will irrigate the vegetation until the plantings are established. Mr. Jacobowitz stated that to provide water on the site would be quite costly and was not recommended. Councilmember Heinsheimer commented on the proposed plaque and expressed that the City Council had a history of not installing plaques in order to prevent a proliferation of plaques throughout the community. I-fe also suggested that Caballeros might wish to consider a phased improvement plan, starting with minimal improvements and add features as use increases and becomes better known. Discussion ensued regarding the access to the area. Councilmember Heinsheimer expressed concern regarding creating an area that might be too easily accessed by persons that might go there to engage in activities of public-concem at night. It was suggested to address the easy access concern, that Caballeros provide information regarding the proximity of the proposed Storm Hill Lane Subdivision roadway to the proposed park. Mr. Jacobowitz indicated that Caballeros shares the concern about .the area about misuse, but was also sensitive to not making the area strictly for equestrians and that it was their hope that the project would benefit hikers and walkers also. He indicated that the proposed picnic tables would be for all to use. After further discussion, Councilmembers requested that Caballeros consider a "phased implementation plan" andrequested to see a plan showing the proximity of the proposed Storm Hill Lane Subdivision roadway to the proposed park. Staff was directed to work with Caballeros in this regard and provide the appropriate maps for Caballeros to use and return at a future City Council meeting. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Mrs. Teresa Hassanally, 6 Poppy Trail, addressed the City Council and requested that temporary lighting be installed adjacent to where Poppy Trail residents park their vehicles. Councilmembers directed the City Manager to provide a report/plan at an upcoming City Council meeting. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Heinsheimer reported that he will be out of town between July 20 and August 16, 2005 and that he would be absent from the July 25, 2005 and August 8, 2005 City Council meetings. Mayor Pro Tem Lay indicated that he would be absent from the August 8, 2005 City Council meeting. MATTERS FROM STAFF City Manager Nealis reported that Mr. Joe Juge did not trim the trees to clear the Tyndall's view by the established deadline of July 9, 2005 and that he has provided certified correspondence to Mr. Juge indicating that this case will be forwarded to the District Attorney if he fails to complete his trimming responsibilities by July 22, 2005. He indicated that the Tyndalls have been advised. City Manager Nealis reported that 2 felony charges have been filed against the individuals involved in the stealing of Councilmember Black's Gator as well as a cell phone and wallet from another property. He indicated that an investigation to determine if these individuals were involved in stealing items from at least 3 other properties in the City is ongoing and that additional charges may be pending. MATTERS FROM THE CITY ATTORNEY None. Minutes City Council Meeting 07/11/05 -3- CITY 004981 Hearing no further discussion, Mayor Pernell called for a motion. Mayor Pro Tem Lay moved that the City Council approve the motion sensitive temporary lighting plan submitted by Fortunato Electric for the area where Poppy Trail residents are parking and that staff be directed to work with the contractor for an additional light at the top of the trail. Councilmember Hill seconded the motion. Mrs. Hassanally indicated that she would like for the motion to include that the work to be completed within two days. City Manager Nealis indicated that the contractor had indicated that he could start the work by August 1, 2005 and that it would take two days to complete. The motion carried unanimously by those Councilmembers in attendance. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Dr. Ron Sommer, 2 Poppy Trail, questioned the status of the repair plans and environmental factors in the area. City Manager Nealis indicated that he would contact Dr. Sommer regarding this subject. Mr. John Lacey, 7 Poppy Trail, questioned the status of an overall repair of the landslide and expressed concern that the temporary roadway access and overall landslide repair investigation is taking a long time. The City Attorney, City Councilmembers and City Manager explained the complex nature of financial cooperation with the owner of 1 Poppy Trail. City Manager Nealis indicated that the City Attorney would. be meeting with the Attorney representing the property owner of 1 Poppy Trail to try to determine his intentions relating to the repair of the landslide on his private property. The complexity of the involvement of the RHCA, the City and other property owners that are necessary for the overall repair of the landslide was also explained. Mr. Zaffar Hassanally, 6 Poppy Trail, commented on the alternatives if the owner of 1 Poppy Trail does not cooperate in the repair of the landslide. City Attorney Jenkins explained that the City has been identifying and evaluating the options, cost issues, practical and legal issues associated with this matter. He indicated that the City's first goal was to support the restoration of a temporary vehicular access for the residents of Poppy Trail. City Attorney Jenkins commented on the costs associated with the overall repair of the landslide. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM STAFF City Manager Nealis reported on the guilty pleas of the individuals responsible for several thefts that resulted in them being incarcerated until December, 2005. He also reported that Mr. Juge had complied with the City Council resolution and restored the view to the Tyndall property at 65 Eastfield Drive. In response to Mayor Pernell, City Manager Nealis reported on the response by the Fire Department during the recent fire in Rancho Palos Verdes. He indicated that the fire burned approximately 212 acres and that no cause had been reported to him. He also reported that the RHCA did not approve the Poppy Trail temporary paved road access plan at their last meeting and that the RHCA directed the engineering company to design another alternative plan. City Manager Nealis reported that it is anticipated that the City Council will not need to meet on August 8"'. He indicated that staff would contact members of the City Council if it were determined that a meeting is necessary. MATTERS FROM THE CITY ATTORNEY CLOSED SESSION The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation. Existing Litigation: G.C. 54956.9(a) Judith Hassoldt and William Hassoldt, Individuals, Plaintiffs, vs City of Rolling Hills, et. al., Los Angeles County Superior Court, Case No. BC275012. No closed session was held. Minutes City Council Meeting 07/25/05 -3- CITY 004986 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA AUGUST 22, 2005 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pernell at 7:30 p.m: in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Councilmembers Absent: Others Present: Black, Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. None. Craig Nealis, City Manager. Mark Hensley, City Attorney's Office. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. Lt. Greg Ahn, LASD, Lomita Station. CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. a. Minutes - Regular Meeting of July 25, 2005. RECOMMENDATION: Approve as presented. b. Payment of Bills — August 8, 2005 and August 22, 2005. RECOMMENDATION: Approve as presented. c. Financial Statement for the month of July, 2005. RECOMMENDATION: Approve as presented. d. Consideration of a date for the Annual Holiday Open House. RECOMMENDATION: Approve as presented. e. Correspondence from California Water Service Company regarding Advice Letter No. 1720-A filed with the Public Utilities Commission relative to changes in its tariff schedules applicable to its Palos Verdes District. RECOMMENDATION: Receive and file. f. Consideration of a report relative to Administrative Policy affording three Zoning Cases the same benefit of extension of time as currently afforded other cases. RECOMMENDATION: Receive and file. Correspondence from California Water Service Company regarding a General Rate Case filed with the California Public Utilities Commission. RECOMMENDATION: Receive and file. g• Councilmember Heinsheimer moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Hill seconded the motion, which carried unanimously. Mayor Pernell suggested that the City Council consider Item 8-A "Consideration of Poppy Trail Road Temporary Paved Access Plan Prepared by the Rolling Hills Community Association" first on the agenda. Hearing no objection, he so ordered. NEW BUSINESS CONSIDERATION OF POPPY TRAIL ROAD TEMPORARY PAVED ACCESS PLAN PREPARED BY THE ROLLING HILLS COMMUNITY ASSOCIATION. City Manager Nealis presented the staff report and correspondence from the Rolling Hills Community Association outlining the requests of the Community Association to the City relative to the temporary paved access plan. He reported that a cost estimate sheet associated with the project had been placed before the City Council this evening and identified the costs the Association was requesting the City to reimburse. City Manager Nealis explained the temporary paved access plan proposed by the Community Association and pointed out the components on the plan including the debris wall/fence. He indicated that the Association Minutes City Council Meeting 08/22/05 1 CITY 004988 would like for the City to reimburse them for introduction and reading of land movement monitoring devices and the debris wall/fence. City Manager Nealis explained the temporary compacted dirt emergency access that the Community Association is requesting the City to construct for use by Poppy Trail residents and emergency vehicles during the RHCA construction of the temporary paved access and the approval of the property. owner of 4 Poppy Trail to use a portion of his property for this temporary compacted dirt emergency access. City Manager Nealis explained the brush clearance being conducted by the Community Association in preparation for construction and indicated that staff is working with the contractor to re-establish the temporary lighting. He further explained the costs associated with the projects for which the Association is requesting reimbursement from the City. Mr. Ross Bolton, Bolton Engineering, explained the components of the RHCA temporary paved access and the temporary compacted dirt emergency access. He explained the realignment of utilities in the area. He further explained the topography in the area and certain areas where the roadway may be steeper than the current temporary access being used by the residents of Poppy Trail as well as the plans for a debris wall/fence. He also explained the width variations of the temporary paved access. Discussion ensued regarding the height of the debris wall/fence and Mr. Bolton explained the variations in the height of the wall at certain locations along the slope. Mr. Bolton explained the request for extended construction hours and indicated that they would like to complete the temporary paved access before the rainy season begins. He suggested that this could be accomplished by working 5:00 a.m. to midnight during the grading portion of the project. Discussion ensued regarding the temporary compacted dirt emergency access that will be used by Poppy Trail residents during the RHCA construction of the temporary paved access. Mr. Bolton indicated that thiswork should take approximately one week to complete. In reply to Councilmember Heinsheimer, Mr. Bolton explained that the temporary compacted dirt emergency access is steeper in certain areas than the current access being utilized by the Poppy Trail residents. Mr. Don Crocker, RHCA Board Member, commented that the RHCA felt that they should develop a temporary paved access that was safe and away from the toe of the slide. Mr. Crocker explained the land movement monitors that are proposed to be installed. Mr. Mike Reader, Consulting Geologist, commented on the temporary compacted dirt emergency access and explained that the grading is less than the grading for a previous access proposed for the area. He said that this proposal would not adversely affect the stability of the existing hillside but suggested that the temporary compacted dirt emergency access be used with great care and that a fence be installed in certain areas to catch falling debris. In response to Mayor Pernell, Mr. Reader compared the new temporary compacted dirt emergency access to the current access being used by the Poppy Trail residents, indicating that the proposed temporary compacted dirt emergency access does not contain any curves but that it should be used with caution. In response to Mr. John Lacey, 7 Poppy Trail, Mr. Reader explained that a previous proposal for an access over the slide mass was designed entirely on City property. The current proposed temporary compacted dirt emergency access is proposed for temporary use during Community Association construction of the temporary paved access. Discussion ensued regarding the geology conditions in the area and liability issues. Discussion also ensued regarding the possibility of using the current access during the construction phase. Mr. Bolton explained that•it would not be feasible to use current access during construction due to the construction vehicles and machinery that would be in the area during construction. Further discussion ensued regarding the use of the proposed temporary compacted dirt emergency access during the construction phase. Mr. Reader explained that the emphasis should be on constructing the temporary paved access as soon as possible. Mayor Pro Tem Lay indicated that staff could be directed to review the temporary compacted emergency dirt access with the Traffic Engineer for any traffic advisories that may be necessary. Councilmembers and those in attendance discussed the winterization of the properties in the area to avoid damage to the newly constructed temporary paved access. Mr. Reader indicated that the winterization is an important component. Further discussion ensued regarding the proposed temporary compacted dirt emergency access. Mr. Bolton explained the width of the temporary compacted emergency access and City'Manager Nealis explained the access of emergency vehicles. Minutes City Council Meeting 08/22/05 -2- CITY 004989 Mr. Bob Jonas, 3 Poppy Trail, commented on the number of temporary access options that had been reviewed and expressed that the residents are anxious to return to a degree of normalcy. He indicated that the residents appreciate all of the efforts on their behalf. Mr. Lacey indicted that the residents of Poppy Trail are used to the access challenges and stated that the proposed temporary compacted dirt emergency access is shorter even though there is a steeper portion: Mr. Bolton further explained the drainage plan for the proposed temporary paved access road and the need for the winterization of the surrounding area. City Manager Nealis reported that formal written notice has been provided to the owner of 1 Poppy Trail about the need to implement the winterization measures. He also explained the nuisance provision of the Municipal Code should the owner not complete the work. City Manager Nealis also explained funds received by the City from FEMA to complete a portion of the recommended emergency mitigation measures. In response to Councilmember Heinsheimer, Mr. Bolton explained the recommended drainage plan he would propose to maintain the roadway should the owner of 1 Poppy Trail not complete the winterization measures on his property. Mr. Reader explained the importance of the drainage plan and indicated implementation of the plan would minimize further infiltration of water into the slide. Further discussion ensued regarding the urgency of completing the temporary paved access and temporary compacted dirt emergency access for Poppy Trail residents. RHCA Board Member Don Crocker commented on the .fact that the temporary paved access and the temporary compacted dirt emergency access will provide emergency access, which is vital to the residents of Poppy Trail from a health and safety standpoint. City Attorney Mark Hensley provided comments regarding the liability issues. City Manager Nealis provided an outline of the requests from the Community Association and staff recommendations. Councilmembers discussedtraffic safety issues and suggested that the City Manager consult with the Traffic Engineer. In response to Councilmember Heinsheimer, City Manager Nealis explained that the temporary compacted dirt emergency access would be returned to a natural state after the RHCA completes the temporary paved access. - Hearing no further discussion Mayor Pemell called for a motion. Mayor Pro Tem Lay moved" that the City Council take the following actions relative to the Poppy Trail Road Temporary Paved Access Plan prepared by the Rolling Hills Community Association: • approve the Rolling Hills Community Association "temporary paved access" plan prepared by the Community Association and authorize the Community Association to implement and construct the "Temporary Paved Access" (debris wall/fence, drainage, etc.) on City property; • authorize the City Manager to enter into an agreement with Dutch Phillips Engineering to construct the "temporary compacted dirt emergency access" to be used by Poppy Trail residents and emergency vehicles during the RHCA construction of the "temporary paved access" and related features; • authorize the City to reimburse the Community Association for introduction and reading of land movement monitoring devices proposed by Group Delta; • authorize the City to reimburse the Community Association for. the construction of the debris wall/debris fence component of the RHCA constructed "temporary paved access" project; • authorize the City Manager to establish an agreement (or amendment) with Group Delta for geotechnical oversight services, with Bolton Engineering serving as a subcontractor, for the City constructed "temporary compacted dirt emergency access" to be used by Poppy Trail residents and emergency vehicles during the RHCA construction of the temporary paved access; and • authorize the Community Association to determine appropriate extended hours of work for this project. Councilmember Black suggested that a not to exceed amount be authorized for expenditures. The motion was amended to reflect that • City expenses for reimbursement to the RHCA and City constructed "temporary compacted dirt emergency access" as noted above are not to exceed $250,000. Minutes City Council Meeting 08/22/05 _3_ CITY 004990 City Manager Nealis presented the staff report indicating that Resolution No. 993 transfers the City's Per Capita Funds under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002 to the City of Rancho Palos Verdes for the preservation of open space in the Portuguese Bend area and that this action was consistent with the previous action on this subject by the City Council based upon Rancho Palos Verdes receiving a $10 million grant from the State. Hearing no discussion, Mayor Pro Tem Lay called for a motion. Councilmember Hill moved that the City Council adopt Resolution No. 993. Councilmember Heinsheimer seconded the motion, which carried unanimously by those Councilmembers in attendance. Councilmember Black arrived at 7:35 p.m.. NEW BUSINESS RESOLUTION NO. 994: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. City Manager Nealis presented the staff report providing background regarding the destruction of city records pursuant to Government Code Section 34090. In response to Councilmember Black, Deputy City Clerk Kern explained that this destruction does not include minutes of the City Council. Hearing no further discussion, Mayor Pro Tem Lay called for a motion. Councilmember Hill moved that the City Council adopt Resolution No. 994. Councilmember Black seconded the motion, which carried unanimously by those Councilmembers in attendance. RESOLUTION NO. 995: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS). City Manager Nealis presented the staff report providing background regarding the National Incident Management System and Resolution No. 995, which confirms the City's intent to participate in this national program. In response to Councilmember Heinsheimer, City Manager Nealis reported that the City has already adopted California's Standardized Emergency System (SEMS) for emergency management and the NIMS management system is largely based upon SEMS. Hearing no further discussion, Mayor Pro Tem Lay called for a motion. Councilmember Black moved that the City Council adopt Resolution No. 995. Councilmember Hill seconded the motion, which carried unanimouslyby those Councilmembers in attendance. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM STAFF City Manager Nealis provided a brief update on the construction of the " Poppy Trail ATV/Emergency Access. He reported that grading for the ATV/Emergency Access would start tomorrow and that the fire hydrant and remaining exposed water line had been removed today. He reported that he had asked for a bid from Bolton Engineering to prepare an erosion control plan. OPEN AGENDA - APPROXIMATELY 8:00 P.M, - PUBLIC COMMENT WELCOME Mr. Scott Gobble, Southern California Edison Company, commented on the 9/12 power outage in the Los Angeles area served by the City of Los Angeles Department of Water & Power. MATTERS FROM THE CITY ATTORNEY At 7:44 p.m., the City Council recessed into a closed session. Minutes City Council Meeting 09/12/05 _2_ CITY 004996 OPEN AGENDA - APPROXIMATELY 8:00 P.M, - PUBLIC COMMENT WELCOMT None. PUBLIC HEARINGS CONSIDERATION OF NUISANCE ABATEMENT AT 1 POPPY TRAIL ROAD (LOT 90- B-RH). OWNER: ALAN SHEEN City Attorney Jenkins outlined the procedures for the conduct of the public hearing and swore in the City's contract representatives who would provide'testimony in this matter; Mr. Mike Reader, Group Delta Consultants; Mr. Ross Bolton, Bolton Engineering and Mr. Roy Itani, Los Angeles County District Engineer. He noted that the Attorney representing the property owner. of 1 Poppy Trail has arranged for a court reporter to be in attendance and that as customary at City Council meetings, the proceeding will be tape-recorded. City Manager Nealis presented the staff report providing background regarding the landslide that occurred in March 2005, the condition of the property at 1 Poppy Trail as well as the request by the City for the property owner to perform winterization measures on his property to minimize water from entering the slide mass as recommended by the City's Consulting Geologist. He also outlined the provisions in the Municipal Code Section 8.24.020 (Duty of Owner or Possessor of Property) which requires that every person that owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any nuisance and Rolling Hills Municipal Code Section 8.28.010 which defines any condition on property that has or will aggravate, enlarge oracceleratean active landslide to be ,a public nuisance subject to abatement pursuant to Chapter 8.24. He explained that Mr. Mike Reader of Group Delta Consultants will provide testimony regarding the landslide condition and recommended abatement measures including the need for water infiltration prevention and that Mr. Ross Bolton of Bolton Engineering will provide testimony regarding drainage modifications and other safety measures to achieve the recommendations outlined by Mr. Reader and that Mr. Roy Itani, District Engineer of Los Angeles County will provide testimony regarding the hazard posed by the existing guesthouse on the property. City Manager Nealis pointed out the area of the slide on an aerial photograph taken just after the slide occurred which depicts the guesthouse on 1 Poppy Trail and the blockage of Poppy Trail Road. He also provided photographs taken on September 19, 2005 depicting the condition of the guesthouse, exposed drainage devices above the slide mass and fissures on the property. He indicated the property was inspected on September 19, 2005 and again on September 26, 2005 from the perspective of the City property just below 1 Poppy Trail and that there was no evidence that the recommended winterization measures had been implemented by the property owner. Mayor Pemell opened the public hearing and called for testimony. Mr. Mike Reader, Group Delta Consultants, summarized the evaluation of the landslide on Poppy Trial. He pointed out various areas on the aerial photograph and indicated that a large part of the slide is within an ancient landslide. City Manager Nealis provided a copy a letter dated September 21, 2005 prepared by Mr. Reader regarding the continued movement of the landslide to those in attendance. Mr. Reader commented on his letter of September 1, 2005 outlining recommended winterization measures that need to be implemented on 1 Poppy Trail and other surrounding properties to prevent water infiltration into the slide mass. Mr. Reader commented on the September 21, 2005 letter in which he explains the installation and monitoring of inclinometers. He explained the diagrams included in the letter and pointed out the approximate location of the inclinometers on the map. He reported that monitoring of the inclinometers indicate that the landslide is continuing to move. .In response to Mayor Pemell, Mr. Reader further explained the areas of the active slide and the ancient slide which extends beneath the building pad on 1 Poppy Trail. Mr. Reader further explained the recommended winterization measures that need to be completed on 1 Poppy Trail. He indicated that cracks have been observed which indicate movement and stated that these cracks need to be sealed to prevent infiltration of water into the slide, to prevent acceleration of the slide. He commented on the recommended flattening of the head scarp and the proposed drainage improvements to prevent an increase in the rate of movement of the landslide. In response to Mayor Pemell, Mr. Reader indicated that water Minutes City Council Meeting 09/26/05 -4- CITY 005001 from recent rains have probably infiltrated into the slide and that water service has been turned off at 1 Poppy Trail. Councilmember Black commented on previously observing wet ground at 1 Poppy Trail prior to the property owner rescinding permission for the City to access to his property. Mr. Craig Collins, attorney for the owner of 1 Poppy Trail, queried Mr. Reader regarding his opinion on whether there is a nuisance that needs to be abated at 1 Poppy Trail. Mr. Reader explained that the nuisances are outlined in his letter of September 1, 2005 with recommendations to prevent water in the coming winter from entering the landslide and causing it to accelerate. Mr. Reader indicated that water and geologic instability are both nuisances that he feels need to be abated. Mr. Collins further questioned Mr. Reader regarding the expectation of a catastrophic event in the area, and the grading that would need to be completed to flatten the head scarp. Mr. Reader, at the request of Mr. Collins, highlighted the area of the head scarp in orange marker on the topographic survey of the slide area and indicated that this work would need to be designed by a civil engineer based upon his recommendations. Mr. Collins queried Mr. Reader regarding his professional degrees, grading plans for the proposal to flatten the head scarp, the effect the flattening of the head scarp would have on the utilities that currently serve 1 Poppy Trail, and his opinion on how much material would need to be removed to perform the grading necessary to flatten the head scarp. After brief explanations by Mr. Reader, Mr. Collins commented on the property boundaries outlined on the topographic survey of the slide area. In response to Mr. Collins, Mr. Reader explained that some grading to flatten the head scarp may need to occur on 4 Poppy Trail and that this work is viewed as only temporary and it is not believed the work would worsen the situation. Mr. Collins further queried Mr. Reader regarding whether a storm water pollution prevention plan had been prepared in connection with the grading and what the costs would be associated with the grading to flatten the head scarp. Mr. Reader indicated that he had no knowledge related to these two questions. In response to Mr. Collins, Mr. Reader pointed out the location` of the inclinometers on the topographic survey of the slide area and highlighted them in orange highlighter. Mr. Reader explained the monitoring of the inclinometers. Also in response to Mr. Collins regarding what would happen if the nuisance were not abated, Mr. Reader indicated that water infiltrating into the slide would accelerate its movement and possibly enlarge the slide. Mr. Reader also explained that he feels that the landslide would not threaten the homes further up Poppy Trail if the nuisance were not abated. He said the structure threatened by the unabated landslide is. the guesthouse at 1 Poppy Trail and that it has been red -tagged. Mr. Reader stated that the stability of the main house on 1 Poppy Trail has not been studied. Mr. Collins asked Mr. Reader if the residents further up on Poppy Trail have access to their homes. Mr. Reader commented on the temporary ATV and emergency access used by Poppy Trail residents to access their homes. Mr. Collins commented on specific geologic stability measures that could be implemented for the driveway and guesthouse for 1 Poppy Trail to preserve these structures and the factor of safety necessary to restore stability. Mr. Reader indicated that a study would have to be done to determine if these measures would be feasible from an engineering perspective. In response to Mr. Collins regarding the effect of flattening the head scarp would have on the reopening of Poppy Trail, Mr. Reader explained that he does not believe that this would have an effect directly on the reopening of Poppy Trail and restated the objective is to prevent the slide from moving faster or enlarging during the coming winter. He indicated that based on his knowledge of City and County codes that it is very doubtful that any overall repair could be done by the coming rainy season. Mr. Reader also explained that a study had been done to determine if Poppy Trail could be reopened utilizing only City property but that it was not possible without affecting adjacent properties. He said the geometry and elevation of the slide made it difficult to reopen Poppy Trial and obtain a sufficient factor of safety. In response to Mr. Collins, Mr. Reader said that reopening the road and stabilizing the landslide are two different issues. He indicated if the landslide is stabilized it may be possible to reopen Poppy Trail. Mr. Reader said that the City has asked him to look at alternatives for creating access for the residents. Mr. Collins queried Mr. Reader regarding his visits to 1 Poppy Trail. Mr. Reader indicated that he last visited the property several months ago. Also in response to Mr. Collins, Mr. Reader indicated that no significant grading has been done in the vicinity. He said that vegetation removal, sealing cracks and most recently the construction of ATV access road to the south of the landslide has occurred. Mr. Reader indicated that he is not aware of any stabilization of the slide due to this work. Minutes City Council Meeting 09/26/05. -5- CITY 005002 In response to Mr. Collins, Mr. Reader stated that the cause of the slide has not been analyzed. City Attorney Jenkins commented that the purpose of this hearing is to address specific conditions on the property related to the alleged nuisance conditions on the property and not the cause of the landslide. Mr. Collins indicated that he disagrees with City Attorney Jenkins. Mr. Collins commented on Mr. Reader's June 16, 2005 Geological and Geotechnical Report and provided copies of certain pages in that report. He queried Mr. Reader regarding this report. Mr. Reader provided an explanation of the three design alternatives for creating access for the Poppy Trail residents outlined in the report as well as other comments in the report. Mr. Collins commented on the exhibit depicting the photographs taken on September 19, 2005. In response to Mr. Reader, he indicated that a geologist, Mr. Steve Kolthoff, had observed water emanating from the exposed pipes on 1 Poppy Trail. Mr. Ross Bolton, Bolton Engineering, explained the engineering recommendations that are designed to prevent water infiltration into the slide as recommended by the geologist. He pointed out the various locations of proposed drainage devices, sandbagging, crack filling and laying back of the slope for plastic sheeting to cover the head scarp on the erosion control plan designed to keep water from infiltration into the slide. In response to Councilmember Black, Mr. Bolton indicated that a plan would need to be prepared to show the removal of the guesthouse in connection with the laying back of the head scarp. City Manager Nealis explained that procedurally the property owner of 1 Poppy Trail has been put on notice of his responsibility for the removal of the guesthouse. In response.to Mayor Pro Tem Lay, Mr. Bolton explained that the plan that he is creating is being produced in case the property owner of 1 Poppy Trail does not complete the recommended winterization measures on his property. Discussion ensued regarding the ancient landslide on 1 Poppy Trail. Mr. Reader explained the areas of the ancient and current landslides at 1 Poppy Trail and pointed them out on the plan. Mr. Reader explained that the head scarp would erode under the guesthouse if it rains. Mr. Collins queried Mr. Bolton regarding his professional training and his role in connection with the 1 Poppy Trail property. Mr. Bolton explained the aerial photograph that had been taken encompassing the property at 1 Poppy Trail and the creation of a plan and a study of a preliminary erosion control plan to divert water around the landslide. Mr. Collins commented on the grading proposed on the erosion control plan and the amount of grading done in the area to date. Mr. Bolton indicated that he did not have the quantities of soil and that Mr. Dutch Phillips had conducted some grading in the area. Mr. Collins also queried Mr. Bolton regarding the permitting of the work to be done in the area, the factor of safety of the slope, and FEMA's involvement. Mr. Roy Itani, District Engineer, Los Angeles County Department of Building and Safety, provided an explanation of inspections and red -tagging of the guesthouse on 1 Poppy Trail. He indicated that the landslide had damaged the guesthouse and that it was unsafe. He said that the property owner had not submitted plans to the County for repairs to his property. In response to Councilmember Black, Mr. Itani explained that the property owner has the option of presenting a plan to the County to allow the guesthouse to -remain on the property. Mr. Itani indicated that a geological study would have to be reviewed by the County before the guesthouse can be repaired. Mr. Collins queried Mr. Itani regarding the guesthouse stability and the process of red -tagging the guesthouse. Mr. Itani indicated that the guesthouse causes a danger to the public. Mr. Itani explained that the County does not have records approving the construction of the guesthouse structure at 1 Poppy Trail. He stated that the County's records show the construction of a stable. In response to Mr. Collins, Mr. Itani indicated that general observation of the structure does not support that it is being used as a stable. Mr. Collins further discussed the landslide with Mr. Reader. Mr. Reader explained that he has not determined if the ancient landslide is moving. He further explained the current landslide and indicated that it is part of the larger ancient landside. In response to Mr. Collins, Mr. Reader explained the location of the temporary access road and the impact of the guesthouse should it fail. Further discussion ensued regarding the need for the temporary access for residents to access their homes. - In response to City -Attorney Jenkins, Mr. Collins indicated that he does not intend to present any witnesses in this matter. He said he would like to make some remarks. Minutes City Council Meeting 09/26/05 -6- CITY 005003 City Manager Nealis identified the documents that have been referred to or discussed at the hearing, which include the staff report dated September 26, 2005 with attachments, the photographs taken on September 19, 2005, the aerial photograph, the cross -sections that are referenced from the Croup Delta Consultants study that was provided to the City Council on June 27, 2005 and the map showing the cross sections from that document. Mr. Collins numbered the exhibits on display this evening consecutively. Mr. Collins commented on the landslide and indicated that the property owner of 1 Poppy Trail did nothing to cause the landslide. He stated that he feels the slide was caused by the construction of Poppy Trail Road that undermined the stability of the slope. He indicated that he feels that it is unfair to the owner of 1 Poppy Trail that the fix is to destroy the access to 1 Poppy Trail in order to restore the access to Poppy Trail residents. He stated that a better solution would be to repair the landslide to save 1 Poppy Trail and to restore the access to the Poppy Trail residents. Mr. Collins stated that he has no objection to the initiation of plastic sheeting and sealing cracks. He indicated that he objects to the grading to flatten the head scarp and removing the guesthouse and commented on the notice provided to the property owner about the winterization measures. He stated that it was not possible for the property owner to comply with the notice. Mr. Collins indicated that the property owner has cooperated in every way possible and commented on the access agreement provided by the property owner when the landslide occurred. He said that he feels that the property owner of 1 Poppy Trial has been hurt most by the landslide: He suggested that the City establish a geologic hazard abatement district to deal with the landslide or the City should bare the costs, as repairs will benefit the residents of the City. Mr. Collins said that the property owner is willing to cooperate with the City in creating a real fix to solve theproblemto everyone's benefit. In response to Mayor Pernell, Mr. Collins stated that the property owner is willing to allow the City access to implement the plastic sheeting and that he does not know if the property owner would allow access for grading to flatten the head scarp because it requires the demolition of the guesthouse. In response to Mayor Pro Tem Lay, Mr. Collins indicated that the property owner has consulted with an engineering firm and they have been advising him on how to save his driveway and guesthouse. He stated that no reports have been produced and that this consultant has made no direct contact with a geologist or the county about a particular proposed plan to stabilize the driveway and. guesthouse. Mr. Collins stated that the property owner views this situation as the City's problem to fix. Mayor Pro Tem Lay commented on the request from the City to the property owner in July regarding winterization measures to be completed on the property and the -fact that no effort has been made to complete this work. Mr. Collins expressed that the property owner feels that the City should pay for this work. Councilmember Heinsheimer commented on the September 2, 2005 letter to the property owner outlining the winterization measures that must be completed on 1 Poppy Trail. In response to Councilmember Heinsheimer, Mr. Collins indicated that the property owner. would allow the City to complete items 1, 4 and 5 on the property and that items 2 and 3 are unfair and should not be done at alL In response to Councilmember Black regarding the observation of damp soil at 1 Poppy Trail, Mr. Collins stated that the property owner had never stopped the City from. accessing 1 Poppy Trail. He said the City had temporary access to complete emergency repairs and that once that work had been done that he had revoked the access and that he indicated at that time if the City needs further access in the future to let him know. Mayor Pro Tem Lay commented on the geologic concern about the guesthouse and the impending rainy season. -Mr. Collins indicated that the property owner would support a design of a permanent fix of the slide and the road. He commented on the plastic sheeting to seal the landslide from further water infiltration and that the goal of the property owner is to have the landslide completely fixed. - City Manager Nealis restated the purpose of the public hearing which is the abatement of the nuisance as described in the letter dated September 2, 2005 to the property owner at 1 Poppy Trail based on the recommendations of the City's. Consulting Geologist to prevent water infiltration into the existing landslide condition. He stated that a permanent fix to the landslide is not being entertained at this time nor has anyone proposed one to the City. City Manager Nealis explained the Municipal Code Sections relating to landslide activity and abatement of nuisances. He stated that the purpose of the correspondence to the property owner of 1 Poppy Trail was to direct that the recommendations of the Consulting Geologist be implemented. He reiterated that there has been no evidence that these recommendations have been implemented since the first letter was forwarded to the property owner in July or Minutes City Council Meeting 09/26/05 _7 - CITY 005004 since the second letter was forwarded to the property owner on September 2, 2005. He commented on the City's goal to cause the property owner to winterize his property. He indicated that the City would be implementing measures to winterize the City property. He also commented on the lengthy process to move forward with an overall fix of the landslide. Discussion ensued regarding the winterization recommendations outlined by the City's Consulting geologist and a process for completing these recommendations. Mr. Reader indicated that he feels that all of the recommendations are necessary. Hearing no further testimony, Mayor Pernell dosed the public hearing. Councilmembers discussed the nuisance abatement process and how to best assure that the recommendations of the consulting geologist are implemented. Mayor Pro Tem Lay stated that the feels that it is clear that the conditions on the property has potential to accelerate the landslide and that is a public nuisance pursuant to the Municipal Code. Discussion ensued regarding the time frame to abate the nuisance by completing the corrective measures. Councilmembers concurred that the winterization must be completed as soon as possible. Hearing no further discussion, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council declare the property a 1 Poppy Trail to be a nuisance and order the abatement of the nuisance. Mayor Pro Tem Lay seconded the motion. City Attorney Jenkins presented a draft resolution for consideration by the City Council declaring a nuisance and ordering the abatement of a nuisance. Discussion ensued regarding the resolution and the time frame to complete the work outlined in Section 6. City Manager Nealis indicated that staff would provide a report regarding the implementation of winterization measures at the next regular meeting of the City Council on October 10, 2005. The City Council reviewed the findings in the resolution and concurred that the evidence that they had received during this proceeding supports the findings. Following discussion, Councilmember Heinsheimer amended his motion and Mayor Pro Tem Lay amended his second that the City Council adopt the resolution presented by staff declaring the condition of the property at 1 Poppy Trail to be a public nuisance and ordering the abatement thereof and amended Section 6 of the resolution to include that the property owner prepare and submit a written plan providing for implementation of the corrective winterization measures to the City within ten days of the adoption of the resolution, commence implementation of the plan and performance of the corrective measure on or before October 10, 2005, and that the corrective measures be completed by or before November 10, 2005 and that the City reserves the right to proceed with the nuisance abatementprovisions of the Code if after 30 days from adoption of the resolution the property owner has failed to proceed as required. Mayor Pro Tem Lay seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Black, Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. NOES: None. ABSENT: None. ABSTAIN: None. ORDINANCE NO. 298-U: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 27 OF THE LOS ANGELES COUNTY CODE RELATING TO ELECTRICAL SYSTEMS, AND AMENDING CHAPTER 15.16 OF THE ROLLING HILLS MUNICIPAL CODE, AND DECLARING THE URGENCY THEREOF. City Manager Nealis presented the staff report providing background regarding Ordinance No. 298-U. Councilmember Heinsheimer moved that the City Council waive further reading and adopt Ordinance No. 298-U. Councilmember Hill seconded the motion, which carried unanimously. District Engineer Itani indicated that the ordinance would not impact projects already permitted by the County. OLD BUSINESS None. Minutes City Council Meeting 09/26/05 -8- CITY 005005 structure can be seen from Portuguese Bend Road and that the flags for the proposed sports court are also visible from Portuguese Bend Road. Mayor Pernell opened the public hearing and called for testimony. Mr. Doug McHattie, Bolton Engineering, explained the flagging that is visible from Portuguese Bend Road is the line depicting the top of the fence around the proposed sports court. He explained the trees that the applicants have ordered will significantly screen the proposed sports court and indicated that they will not grow above the roofline of the residential structure on the property. Hearing no further comments or discussion, Mayor Pernell continued the public hearing to Monday, October 17, 2005 at 5:30 p.m. for the purpose of conducting a field review of the subject property. OLD BUSINESS None. NEW BUSINESS REQUEST FOR A TWO YEAR TIME EXTENSION FOR A STTE'PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE TO REPLACE AN EXISTING RESIDENCE AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED NET LOT AREA IN ZONING CASE NO. 689 AT 12 SOUTHFIELD DRIVE, (LOT 35 -SF) (PATEL). City Manager Nealis presented the staff report outlining the applicant's request for a two-year extension to Zoning Case No. 689. Hearing no discussion, Mayor Pernell called for a motion. Mayor Pro Tem Lay moved that the City Council adopt Resolution No. 997. Councilmember Black seconded the motiori, which carried unanimously. CONSIDERATION OF A CLAIM SUBMITTED BY ALAN SHEEN, 1 POPPY TRAIL, ROLLING HILLS, CALIFORNIA. City Manager Nealis presented the recommendation from Carl Warren & Co. that the claim be rejected. Hearing no discussion, Mayor Pernell called for a motion. Mayor Pro Tem Lay moved that the City Council reject the claim. Councilmember Heinsheimer seconded the motion, which carried unanimously. OPEN AGENDA, -APPROXIMATELY 8:00 P.M, - PUBLIC COMMENT WELCOME Ms. Nicole Vanderhurst, representing Clean Energy, provided information regarding natural gas vehicles. She indicated that a natural gas station was located nearby in Carson and highlighted that the prices of natural gas are less than regular gasoline. Lt. Greg Alin, provided information regarding the Open House that will be held at Lomita Station on Saturday, October 15, 2005. MATTERS FROM MEMBERS OF THE CITY COUNCIL, Mayor Pro Tem Lay thanked the City Council and staff for the plant provided to him on his birthday. Mayor Pernell commented on the luncheon meeting he and the City Manager attended earlier in the day with Congressman Dana Rohrabacher. He reported that the Congressman's office would be arranging a disaster preparedness event in the future. MATTERS FROM STAFF STATUS REPORT RELATING TO NUISANCE ABATEMENT AT 1 POPPY TRAIL. City Manager Nealis explained the actions that were required to be implemented by the owner of 1 Poppy Trail and indicated that to date, the property owner had not taken the required actions outlined in Resolution No. 996 adopted by the City Council on September 26, 2005. Minutes City Council Meeting 10/10/05 -2- CITY 005008 City Manager Nealis presented the staff report providing background regarding this subject including the findings in the pedestrian crossing activity study conducted last year and information provided in the recent correspondence submitted by the City of Rolling Hills Estates. He stated that based on the last year's study and the reported lower number of- students from Rolling Hills attending Dapplegray School this year, that Rolling Hills Estates does not feel the data supports the introduction of crossing guard services at the subject intersection, however, they would be willing to consider establishing crossing guard services if the City of Rolling Hills would fund the services. City Manager Nealis reported that Rolling Hills Estates has projected that crossing guard services would cost $7,800 for an entire school year, excluding the summer session, for 3 hours of service per day (90 minutes in the morning and 90 minutes after school). He further reported that the contractor that provides this service requires a 3 hour minimum each day and that Rolling Hills Estates recommends that this service should be provided in the morning and afternoon if it is introduced. He further reported that Rolling Hills Estates would want to present this idea to their Traffic Commission if Rolling Hills desires to move forward with this idea. Councilmember Black reported that these services are only needed in the afternoon and that crossing activity has increased this school year. In response to Councilmember Black and following discussion, City Manager Nealis indicated that he would continue to discuss this idea with Rolling Hills Estates to determine if services can be implemented in the afternoon only and report back to the City Council. Councilmember Black indicated that he would contact some Rolling Hills residents to survey crossing activity. OPEN AGENDA —APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Black queried if extended work hours for the RHCA Poppy Trail Road project were being implemented. City Manager Nealis explained the previous action of the City Council to allow the RHCA to establish extended work hours for their project as requested, and commented that the grader reported to him that there were some difficulties in coordinating the activities of two shifts for this project, but that the grader felt that• good progress was being made. City Manager Nealis commented that the grading currently being done is under the RHCA contract. Councilmember Black indicated that he may contact the RHCA. Mayor Pernell reported that the Sanitation District started a new program for students -called "Sewer Science Program". MATTERS FROM STAFF STATUS REPORT RELATING TO NUISANCE ABATEMENT AT 1 POPPY TRAIL. City Manager Nealis reported that he had no new evidence that the owner of #1 Poppy Trail had taken any of the actions outlined in Resolution No. 996 adopted by the City Council on September 26, 2005. City Manager Nealis reported that Caballeros was going to host a 25 -year membership celebration in the City Council Chambers in November. City Manager Nealis reported that following the report from the West Vector Control District that a tick positive with Lyme Disease was found in the Purple Canyon, Mrs.- McDonald, 30 Caballeros Road, was reportedly bit by a tick over the weekend in that area and that she was being treated by her physician who may elect to send the tick to a lab for testing. In response to Mayor Pernell, City Manager Nealis indicated that Caballeros and RHCA were notified immediately after the information was presented to the City from the District and the trails have been posted per the instructions from the District. In response to Councilmember Black, City Manager Nealis explained that the person believed to be responsible for the recent thefts in the City was arrested. Minutes City Council Meeting 10/24/05 -3- CITY 005012 found to be working property as well as the chain link fence that she feels is sufficient to confine the dog to the property. She said that she had also met with the dog trainer and witnessed improvements to the dog's behavior. She reported that both of Mr. Robinson's dogs are now licensed. She stated that she feels that Mr. Robinson has taken every precaution to ensure that the dog remains confined to the property. Mr. Robinson, 1 Georgeff Road, explained the operation of the electronic fence and the installation of extra chain link fencing along western and southern boundary of his property. He indicated that he is continuing with the dog training and that he feels that it has been very effective. He further explained landscaping that would provide screening of the chain link fence. Mr. Robinson indicated that he would do anything necessary to ensure that his dog would not be involved in another incident. Councilmembers discussed the efforts of Mr. Robinson to ensure that the dog remains confined on the property. City Manager Nealis explained the options available to the City Council regarding the appeal and the Municipal Code Section relating to the procedure when a dog that is confined to property escapes confinement. Hearing no further discussion, Mayor Pernell called for a motion. Mayor Pro Tem Lay moved that the City Council amend the City Manager's order that the dog be removed from the City and order that the dog be confined to the property at 1 Georgeff Road, or under the control of a leash with someone capable of managing the dog, when it is off the property. Councilmember Heinsheimer seconded the motion, which carried unanimously. City Manager Nealis reported that a resolution memorializing this action would be placed on the next City Council agenda for consideration. NEW BUSINESS CONSIDERATION OF EXEMPTION FROM REFUSE COLLECTION CHARGES FOR RESIDENTS OF POPPY TRAIL, City Manager Nealis presented the staff report providing background regarding the land movement event that blocked access to Poppy Trail, which interrupted backyard trash collection service for the residents. He reported that Poppy Trail residents have been self- hauling their trash to bins located near Portuguese Bend Road. Councilmembers discussed how trash collection fees are collected, monthly costs for collection and the amount of time that the Poppy Trail residents have been self -hauling their refuse. Councilmembers also discussed options for refunding the refuse collection fees for Poppy Trail residents. Hearing no further discussion, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council direct that the charges for refuse collection services for Poppy Trail residents be reduced by $50.00 per month for the months that the residents of Poppy Trail have not been receiving backyard refuse collection services from BFI. Mayor Pro Tem Lay seconded the motion, which carried unanimously. Councilmember Black expressed that perhaps the entire monthly bill should have been eliminated. CONSIDERATION OF RE -APPOINTMENT TO THE PLANNING COMMISSION. City Manager Nealis presented the staff report and letter from Planning Commissioner Roger Sommer indicating that he would like to continue to serve on the Commission. Hearing no discussion, Mayor Pemell called for a motion. Mayor Pro Tem Lay moved that the City Council re -appoint Roger Sommer to a 3 -year term on the Planning Commission. Councilmember Black seconded the motion, which carried unanimously. CONSIDERATION OF A DATE FOR A CITY COUNCIL/PLANNING COMMISSION JOINT MEETING. After a brief report from the City Manager regarding the previous time the City Council and Planning Commission jointly met, the City Council selected Monday, March 13, 2006 at 6:30 p.m. to conduct this joint meeting. Mayor Pernell requested that Councilmembers provide any agenda topics to the City Manager for inclusion on that agenda. Minutes City Council Meeting 01/09/06 -4- CITY 005027 the applicant granting permission for a continuance. Following the concurrence of the applicant, the public hearing was reopened and continued to the next regular meeting of the City Council scheduled to be held on Monday, April24, 2006. CONSIDERATION OF PROPOSED ORDINANCE NO. 299: AN ORDINANCE OF THE CITY OF ROLLING HILLS CLARIFYING THE PROH1BTITON OF THE IMPORT OR EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE ROLLING HILL MUNICIPAL CODE. City Manager Nealis presented the staff report, and proposed ordinance. He explained that staff identified an inconsistency between language in the Zoning Code and language in the Building Code relating to balance cut and fill grading requirements, that although allows Variances to be considered in the public hearing process, does not support the issuance of permits to -implement the approval and intention of the City Council and Planning Commission when Variances are granted. He explained the proposed ordinanceandindicated that the amendment does not change any policies, procedures or permissiveness for Variances of this nature. Mayor Pernell opened the public hearing and called for testimony. Hearing none he called upon the City Council for comments. Councilmember Heinsheimer suggested that the ordinance be amended to include language, which reinforces the City's policy relative to balanced cut and fill and further describes the intent of the code revision as described by 'the City Manager. Following the discussion, the public hearing was continued to the next regular meeting of the City Council to be held on Monday, April 24, 2006 and staff was directed to incorporate language which reinforces the City's policy relative to balanced cut and fill and further describes the intent of the code revision. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF APPROVAL OF NUISANCE ABATEMENT COSTS, LEI'IER DATED MARCH 1, 2006 AND REVISED MARCH 22, 2006, FOR ABATEMENT OF A DECLARED PUBLIC NUISANCE ON A PROPERTY AT #1 POPPY TRAIL ROAD. City Manager Nealis presented the staff report providing background regarding the declared public nuisance at 1 Poppy Trail Road, outlining the charges incurred by the City to complete the actions determined by the Consulting Geologist to abate the declared public nuisance and outlining the procedures in the Municipal Code relative to the abatement of a public nuisance and recovery of costs. Mr. Craig Collins, attorney representing Mr. Sheen, the property owner of 1 Poppy Trail Road, stated that he is opposed to the costs being imposed on his client. He stated that the City demolished his client's house without compensation and is now sending his client a bill to complete this work. Mr. Collins stated that he feels this is unfair, and that his client did not do anything to cause the landslide on his property and that the landslide also exists on other properties including property owned by the City and property owned by the Rolling Hills Community Association. He indicated that he does not know what measures the City has taken to share these costs with the others affected by the landslide. - Mr. Collins stated that he feels that costs for the nuisance abatement are to further a plan to reopen Poppy Trail for the benefit of the residents in that area and he further stated that it is unfair to impose the cost of a road project on Mr. Sheen. He said that it is inappropriate to impose the City's legal fees on Mr. Sheen and explained that the City is entitled to recover legal fees only in certain circumstances where provided by statute and there is no authority for the City to recover attorney's fees in this situation. He commented on the invoice and charges for the City Manager's salary. He said that no backup had been provided for the Administration Costs and indicated that he would like to have Mr. Nealis sworn in so that he could cross examine him as to what exactly he did for $1,956.20. Mr. Collins commented on the provision in the Municipal Code that a lien could be placed on Mr. Sheen's property. He asked that if the City does approve the nuisance abatement costs, that the City postpone the lien because of Mr. Sheen's pending litigation against the City Minutes City Council Meeting 04/10/06 _3 - CITY P05059 which involves the landslide and which will be amended after tonight to involve a challenge to the imposition of the costs on Mr. Sheen. He asked that no action be taken to encumber Mr. Sheen's property until the Superior Court has an opportunity to sort out whether the charges being imposed on Mr. Sheen are truly legitimate. City Attorney Jenkins said that Mr. Nealis could briefly comment on what he did•in connection with the nuisance abatement. Mayor Pernell commented on Mr. Collin's objections to the City's legal fees and the City Manager's administrative costs for the nuisance abatement. City Manager Nealis stated that the nuisance abatement costs only include the nuisance abatement activities occurring specifically on 1 Poppy Trail. He said that it does not include any of the winterization activities by the engineer, geologist or mitigation measures off of 1 Poppy Trail. Mr. Nealis indicated that the nuisance abatement costs do not fund any portion of the roadway project completed by the Community Association, the ATV road or the temporary emergency access. He explained that the nuisance abatement costs only include the items authorized by the City Council under the nuisance abatement procedure. In regard to the Administrative Costs, Mr. Nealis explained that this is not a salary reimbursement charge, but an administrative cost determination conservatively estimated at 20 hours of his administrative services only in conjunction with the nuisance abatement. In response to Mayor Pernell, City Manager Nealis stated that if the road were not there the nuisance abatement activity would still have been required. Councilmember Heinsheimer queried the process and role of the City Council describing his understanding that the City Council was being asked to approve the costs on the bill and that there would be subsequent debates about the details of the bill in other venues. City Attorney Jenkins stated that Councilmember Heinsheimer is correct and explained the process and role of the City Council including the review of the costs, providing notice and opportunity for the property owner to correct the nuisance, preparation of all necessary documents, conduct of the public hearing to declare the matter a nuisance and ultimately obtaining an abatement warrant and then correcting the nuisance. He said that the Council's task this evening is to review the costs and ascertain if those costs were actually incurred in that defined process. City Attorney Jenkins further explained that if the costs are approved by the City Council, the City Manager will then send a letter to the property owner asking him to reimburse the City for those costs that were expended to abate the nuisance that was on his property for which he was responsible under the City's Municipal Code. He indicated that If the property owner does not pay -those costs the City will record a lien against the property and the purpose of the lien is to give constructive notice to any successor in interest that the City has an interest in the amount of $147,928.77 or what ever amount the City Council approves so that if any one were to ever purchase that property that they would have constructive notice that money would have to be paid to the City. He said that the City will also take action in the future to place this lien with the County Tax Assessor so that it appears on the property owner's next property tax bill and if the property owner has not paid this amount by then, will be obligated to pay this amount with his property taxes. He further explained that if the property owner does not pay this amount, the City has the right to bring a civil action to recover this lien amount against the property by way of foreclosure in which case the City can force the property through a foreclosure action to be sold so that the City can obtain what it is owed out of the sale of the property in foreclosure. In response to Mayor Pernell, City Attorney Jenkins explained that the lien does not take priority over an existing mortgage on the property. In response to Mayor Pernell, City Manager Nealis explained the costs for the abatement and indicated that the abatement measures met the plan determined by the geologist and engineers plan to meet the geologist's concern to abate the nuisance. City Attorney Jenkins further explained that Mr. Nealis was the individual on City staff who was primarily responsible for directing the process which entailed numerous site visits, discussions with experts, monitoring of construction, preparation of staff reports and similar activities. He said that Mr. Nealis has stated that he had conservatively estimated his time at 20 hours and he would be the best judge of how much time he has spent. City Attorney Jenkins stated that in his opinion, all of the administrative costs incurred by the City are recoverable in a nuisance abatement proceeding including the City's legal fees that are incurred specifically and solely in connection with the abatement of the nuisance. He indicated that the legal fees listed on the invoice are the fees that were incurred in connection with advising the Council and in obtaining the abatement warrant. He said that none of fees indicated were incurred in connection with the separate litigation that Mr. Sheen has filed against the City. Minutes City Council Meeting 04/10/06 _4. CITY 005060 In response to Councilmember Heinsheimer, City Attorney Jenkins explained that Mr. Collins has an opportunity to challenge the expenses incurred by the City for the nuisance abatement in other venues. Mr. Collins stated that he would like to examine Mr. Nealis as to how he spent the 20 hours but that he understands that Mr. Jenkins indicated that he would not be permitted to do so. Hearing no further discussion, Mayor Pernell called for a motion. Councilmember Hill moved that the City Council approve the nuisance abatement costs incurred by the City as presented in the staff report to abate the declared public nuisance at #1 Poppy Trail Road, and directed staff to proceed pursuant to the Municipal Code. Councilmember Heinsheimer seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, and Mayor Pernell. NOES: None. ABSENT: Councilmember Black and Mayor Pro Tem Lay. ABSTAIN: None. B. CONSIDERATION OF A CLAIM SUBMITTED BY ZAFFAR & TERESA HASSANALLY, 6 POPPY TRAIL, ROLLING HILLS, CALIFORNIA. C. CONSIDERATION OF A CLAIM SUBMITTED BY ROBERT M. JONAS, 3 POPPY TRAIL, ROLLING HILLS, CALIFORNIA. D. CONSIDERATION OF A CLAIM SUBMITTED BY DONNA FREEMAN, 10 POPPY TRAIL, ROLLING HILLS, CALIFORNIA. E. CONSIDERATION OF A CLAIM SUBMITTED BY RON SOMMER, 2 POPPY TRAIL, ROLLING HILLS, CALIFORNIA. F. CONSIDERATION OF A CLAIM SUBMITTED BY MR. & MRS. JOHN LACEY, 7 POPPY TRAIL, ROLLING HILLS, CALIFORNIA. G. CONSIDERATION OF A CLAIM SUBMITTED BY MR. & MRS. RAMAKRISHNA REDDY, 11 POPPY TRAIL, ROLLING HILTS, CALIFORNIA. City Manager Nealis presented the claims and recommendations from Carl Warren and Company that the City Council reject the claims. Councilmember Heinsheimer moved that the City Council reject the claims filed by Zaffar & Teresa Hassanally, Robert M. Jonas, Donna Freeman, Ron Sommer, Mr. & Mrs. John Lacey and Mr. & .Mrs. Ramakrishna Reddy, as recommended by the City's Claim Management Adjusters. Councilmember Hill seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, and Mayor Pernell. NOES: None. ABSENT: Councilmember Black and Mayor Pro Tem Lay. ABSTAIN: None. OPEN AGENDA -APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Justin Chu, 3 Lower Blackwater Canyon Road, reported that he is in attendance at the meeting in pursuit of his Boy Scout community merit badge. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY CLOSED SESSION The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation. Minutes City Council Meeting 04/10/06. -5- CITY 005061 PUBLIC HEARINGS CONSIDERATION OF ORDINANCE NO. 301: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO MODIFY AND CLARIFY CERTAIN PROVISIONS OF THE ZONING AND SUBDIVISION ORDINANCES AND AMEND TITLE 16, SUBDIVISION AND TITLE 17, ZONING OF THE ROLLING HILLS MUNICIPAL CODE. (SECOND READING AND ADOPTION) City Manager Nealis reported that the public hearing was opened and Ordinance No. 301 was introduced at the September 11, 2006 meeting. He said it was continued to this evening for consideration of seconded reading and adoption. Mayor Pro 'Fern Black opened the continued public hearing and called for testimony. Hearing none and no discussion; he called for a motion. - Councilmember Heinsheimer moved that the City Council waive further reading and adopt Ordinance No. 301. Councilmember Pernell seconded the motion which carried unanimously by those Councilmembers in attendance. CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PUBLIC HEARING. RESOLUTION NO. 1010: A RESOLUTION OF THE CITY COUNCIL OF THE CrrY OF ROLLING HILLS, CALIFORNIA, ESTABLISHING. A RESERVE ACCOUNT WITHIN THE GENERAL FUND FOR THE CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PROGRAM AND MAKING APPROPRIATIONS THEREFROM. City Manager Nealis presented the staff report providing information regarding the expenditure of COPS Funding in FY 2006-07. Mayor Pro Tem Black opened the public hearing and called for testimony. Hearing none and no discussion, he called for a motion. Councilmember Hill moved that the City Council adopt Resolution No. 1010. Councilmember Heinsheimer seconded the motion which carried unanimously by those Councilmembers in attendance. OLD BUSINESS None. - NEW BUSINESS None. OPEN AGENDA APPROXIMATELY 8:00 P.M, - PUBLIC COMMENT WELCOME None. - MATTERS FROM MEMBERS OF THE CITY COUNCIL Mayor Pro Tem Black commented on the Planning Commission's review of hedge landscaping. He also commented on the County's regulations regarding natural light for basements. He expressed concern that the newer homes with basements arc beginning to look like split-level homes. City Manager Nealis reported that staff would be approaching the Planning Commission regarding this subject to determine if any potential amendments to the Code are necessary. - MATTERS FROM STAFF City Manager Nealis reported that he is working the with City's Consulting Geologist and Erosion Control Specialists to re -winterize the slope on Poppy Trail. He indicated that a more aesthetically pleasing material is being considered. At 7:55 p.m. the meeting was adjourned to a closed session. MATTERS FROM THE CITY ATTORNEY The City. Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation. Minutes City Council Meeting 09/25/06 -3- CITY 005104 Discussion ensued regarding problems that are occurring in the City of Malibu related to septic tanks. Mayor Pro Tem Black expressed concern about the amount expended for the contract and the lack of physical evidence on what is being done on behalf of the City. In response, Ms. Kathleen McGowan, Environmental Consultant, explained the complexity of the issue, her lobbying efforts on behalf of the City and other technical aspects of what she accomplishes on behalf of the City. Ms. McGowan reported that by attending various meetings on behalf of Rolling Hills and other cities that she is kept up-to-date on the regulatory issues associated with this issue. She also explained the required reports that she prepares on behalf of the City. Following discussion, Mayor Lay called for a motion. Councilmember Heinsheimer moved that the City Council award a three-year consulting services agreement to Kathleen McGowan, P.E. in art amount not to exceed $15,137 for the first year, $16,488 for the second year and to $15,463 for the third year, beginning on November 1, 2006, and authorize the Acting City Manager to sign the Professional Services Agreement and execute all appropriate documents. Councilmember Hill seconded the motion which, carried unanimously. APPOINTMENT OF AD HOC SUBCOMMITTEE OF CITY Y COUNCIL TO GUIDE THE SEARCH FOR A NEW CITY MANAGER. This item was deferred until after the closed session. OPEN AGENDA - APPROXIMATELY 8:00 P.M, - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM STAFF SOLICITATION OF BIDS 10 REPAIR DRAIN PIPE ON POPPY TRAIL, Acting City Manager Jenkins reported that the City's records reflect that the City had constructed this drain and that in order to accelerate the repair process that if there were no objections, that staff would prepare plans and specifications with the assistance of Bolton Engineering and solicit bids for this project. He indicated that staff would bring a report back to the City Council for the award of bid for this project. No objections were expressed. Acting City Manager Jenkins explained that staff had received a proposal for the re - winterization of the Poppy Trail Landslide from Erosion Control Specialists in the amount of $68,771. He indicated that this item would be included on the next City Council agenda for consideration. Acting City Manager Jenkins distributed a letter from Rolling Hills resident Gordon Schaye regarding a recommendation fora real estate attorney. He said that the City does not currently have any real estate work to be done. Acting City Manager Jenkins explained that RHCA Board Member Leslie Stetson had contacted the City expressing that residents were exploring the idea of collecting donations for a trust fund for the Nealis children. He indicated that he had not yet spoken with her but that he had left a message for her noting the generosity and thoughtfulness of her efforts and that the City could play a temporary role in assisting in collecting donations but that the City was not in a position on a long term basis to administer a trust for the benefit of private individuals. Mayor Lay commended staff for their performance under the difficult circumstances that occurred during the past week. Councilmember Heinsheimer indicated that as a private citizen he is very interested in the presentation regarding the low-pressure sewer system. Mayor Lay asked staff to research the Minutes City Council Meeting 10/09/06 CITY 005112 TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS ZONING CASE NO. 727 MR. AND MRS. PHILIP CHO, 25 PORTUGUESE BEND ROAD, (LOT 89-A-RH). REQUEST FOR A SITE PLAN REVIEW: rO CONSTRUCT A STABLE THAT REQUIRES GRADING AND A VARIANCE TO LOCATE THE STABLE AND THE CORRAL IN THE FRONT YARD AREA AT AN EXISTING SINGLE FAMILY RESIDENCE. I rearing no objection, Mayor Lay continued the public hearing to the next regular meeting of the City Council scheduled to be held on Monday, November 13, 2006 at the request of the applicant. CONSIDERATION OF NUISANCE ABATEMENT AT 1 POPPY TRAIL ROAD (LOT 90-B-RH). OWNER ALAN SHEEN City Attomcy Jenkins provided background regarding the City Council's previous action to declare conditions at 1 Poppy Trail a public nuisance and the landslide mitigation and winterization measures previously completed. He indicated that since that time the plastic sheeting and sandbags have deteriorated and are in need of replacement. He stated that the City Council must adopt a resolution making the findings that the condition on the property is a continuing public nuisance and that will allow the City to abate the nuisance if the property owner of 1 Poppy Trail does not complete the work. He reported that the owner of 1 Poppy Trail has been notified of this hearing and is not in attendance. Mayor Lay opened the public hearing. - - Mr. Mike Reader, Consulting Geologist, explained the previous nuisance abatement and landslide mitigation measures that had previously been completed on the property. He presented his recommendation that the landslide be re -winterized due to the deterioration of the plastic and sandbags to keep water from infiltrating into to the slide. He explained that inclinometer data shows that movement of the landslide down slope slowed down after winterizing the landslide. Discussion ensued regarding the landslide and the positive effects of the previous winterization measures that had been installed on the property. Mr. Reader explained drainage improvements that had been made in the area. Councilmembers discussed the costs associated with the previous nuisance abatement and the costs for the winterization measures being proposed at this time. In response to Councilmember Heinsheimer, City Attorney Jenkins indicated that the current litigation would not be affected by this nuisance abatement effort. Hearing no further discussion, Mayor Lay closed the public hearing and called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 1014. Councilmember Pernell seconded the motion which carried unanimously by those Councilmembers in attendance at the meeting. OLD BUSINESS None. NEW BUSINESS RESOLUTION NO. 1011: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 6, 2007, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. RESOLUTION NO. 1012: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS,CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 6, 2007. Minutes City Council Meeting 10/23/06 -2- CITY 005116 Councilmember Pernell moved that the City Council approve the specifications for the Exterior of City Hall Painting Project and authorize staff to solicit bids for the project. Councilmember Hill seconded the motion which carried unanimously by . those Councilmembers in attendance. AGREEMENT BETWEEN GROUP DELTA CONSULTANTS AND CITY OF ROLLING HILLS FOR LANDSLIDE MONITORING SERVICES. City Manager Dahlerbruch presented the staff report providing background regarding the agreement for landslide monitoring service and the associated costs. Following brief discussion regarding the number of inclinometers that :need -monitoring, Mayor Lay called for a motion. Councilmember Hill moved that the City Council approve an agreement and purchase order with Group Delta Consultants for continued and on -going monitoring and analysis of the inclinometers installed on the Poppy Trail Landslide. Councilmember Pernell seconded the motion which carried unanimously by those Councilmembers in attendance. - OPEN AGENDA - APPROXIMATELY 8:00 P.M, - PUBLIC COMMENT WELCOMI* None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Pernell provided a brief report regarding the recent Palos Verdes Peninsula Regional Law Enforcement Committee. He reported that Captain Jay Zuanich has been promoted and would be leaving Lomita Station soon. Councilmember Pernell commended the Department for their continued rapid response times. MATTERS FROM STAFF City Manager Dahlerbruch announced that the City Council would be conducting a field trip at 7:30 a.m. on Tuesday, February 13, 2007. He said that the City Council would meet at 7:30 a.m. at the first location at 7 Outrider Road and that at 8:30 a.m. the group would meet at the end of Upper Blackwater Canyon Road. . City Manager Dahlerbruch reported that recent contact with the U.S. Postal Service to correct their database and website to reflect the City as Rolling Hills rather than the Rolling Hills General Store had proven successful but that now Rolling Hills is not listed at all in the Zip Code 90274. He indicated that staff would continue to work on this issue. 8:05 p.m., the City Council recessed to a closed session. MATTERS FROM THE CITY ATTORNEY CLOSED SFSSION The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation. Existing Litigation: G.C. 54956.9(a) Judith Hassoldt and William Hassoldt, Individuals, Plaintiffs, vs City of Rolling Hills, et. al., Los Angeles County Superior Court, Case No. BC275012. G.C. 54956.9(a) Hui-Tse Sheen, Individual, Plaintiff, vs City of Rolling. Hills, Rolling Hills Community Association, et. al., Los Angeles County Superior Court, Case No. YC051963. G.C. 54956.9(a) Jonas, et al. v. City of Rolling Hills, et al, Los Angeles County Superior Court Case No. YC033955. G.C. 54956.9(a) Freeman v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No. YC054015. Minutes City Council Meeting 02/12/07 -3- CITY 005148 .400 NEW BUSINESS CONSIDERATION OF POPPY TRAIL ROAD TEMPORARY PAVED ACCESS PLAN PREPARED BY THE ROLLING HILLS COMMUNITY ASSOCIATION. City Manager Nealis presented the staff report and correspondence from the Rolling Hills Community Association outlining the requests of the Community Association to the City relative to the temporary paved access plan. He reported that a cost estimate sheet associated with the project had been placed before the City Council this evening and identified the costs the Association was requesting the City to reimburse. City Manager Nealis explained the temporary paved access plan proposed by the Community Association and pointed out the components on the plan including the debris wall/fence. He indicated that the Association Minutes City Council Meeting 08/22/05 -1- CITY 006183 50TH ANNIVERSARY 1957 - 2007 Cit,e`,all,.Aee, INCORPORATED JANUARY 24, 1957 N0. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 Agenda Item No.: 3-E Mtg. Date: 03-12-07 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: APPROVAL OF THE CITY OF ROLLING HILLS OF AN EASEMENT FOR PRIVATE, ROADWAY PURPOSES (POPPY TRAIL ROAD) TO THE ROLLING HILLS COMMUNITY ASSOCIATION; AUTHORIZE THE MAYOR TO EXECUTE AND RECORD DATE: MARCH 12, 2007 Approval of the City of Rolling Hills to execute and record a grant of an easement for Poppy Trail Road for private roadway purposes to the Rolling Hills Community Association. RECOMMENDATION It is recommended that the City Council approve the attached easement granting Poppy Trail Road for private roadway purposes to the Rolling Hills Community Association, authorize the Mayor to execute the easement and direct staff to record the easement. BACKGROUND Following the closure of Poppy Trail Road due to the 2004 Landslide, with the City's permission and cooperation, the Rolling Hilts Community Association constructed a new road on City property. As the City does not own or maintain streets in the City, it would be appropriate for the City -to formalize the arrangement by conveying an easement to the Association for the operation of the road as a private roadway. The residents on Poppy Trail Road were provided an opportunity to accept the easement along with the Association, but through their legal counsel have declined. DISCUSSION On March 1, 2007, the Rolling Hills Community Association Board considered the easement document prepared by the City Attorney and with two minor alterations, both acceptable to the City Attorney, approved the easement in the form attached. PsmtedonRec;efed Riper CITY 006246 'u Upon approval by the City Council, the easement will be recorded with the County of Los Angeles. FISCAL IMPACT The City will stripe the road as it does other private roads in the City. There is no other fiscal impact associated with this action. AD/ 03-12-07p1-sta.doc -2- (2D. CITY 006247 WHEN RECORDED MAIL TO: CITY OF ROLLING HILLS 2 Portuguese Bend Road Rolling Hills, CA 90274 Attention: CITY MANAGER _(Space Above this Line for Recorder's Use) _ Exempt from Recording Fees Government Code Section 27383 GRANT OF EASEMENT FOR PRIVATE ROADWAY PURPOSES THIS GRANT OF EASEMENT FOR PRIVATE ROADWAY PURPOSES ("Grant of Easement") is made and executed as of , 2007, by and between the City_ of Rolling Hills, a California municipal corporation ("Grantor") and the Rolling Hills Community Association of Rancho Palos Verdes, a California nonprofit corporation ("Association") ("Grantee"), pursuant to the terms and conditions set forth below. RECITALS 1. WHEREAS, Grantor is the owner of certain real property in the vicinity of Poppy Trail Road ("City Property"); and 2. WHEREAS, Grantee Association owns and maintains private streets within the territorial boundaries of the City and in that capacity has constructed a road on a portion of the City Property to provide access from Portuguese Bend Road to the residential properties situated along Poppy Trail Road, replacing a portion of Poppy Trail Road rendered inaccessible by a landslide; and 3. WHEREAS, the owners of residentially developed properties situated along Poppy Trail Road will benefit from the road constructed by the Association by having a legal right of perpetual access to and from their properties to and from Portuguese Bend Road; and 4. WHEREAS, Grantor does not own or maintain streets within the City and hence, desires to convey to Grantee a perpetual easement to own, maintain and use a private roadway, subject to the terms and conditions as more specifically set forth below. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals which are incorporated herein by this reference, it is agreed by the parties hereto as follows: CITY 006248 1. Easement. 1.1 For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant unto Grantee a non-exclusive perpetual easement for private roadway purposes " P p (Easement"), on a portion of the City Property as is more particularly described on Exhibit "A" attached hereto and incorporated herein by reference. 1.2 roadway. Grantee shall be solely responsible for all costs related to maintenance of the 1.3 Grantor shall not undertake any activity on the Property that would obstruct the use of the Easement for roadway purposes. 2. Entire Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof. 3. No Waiver. No waiver of default under this agreement by Grantor or Grantee shall be implied from any omission by any party to take any action with respect to such default if such default continues or is repeated. 4. Runs with the Land; Successors and Assigns. Grantor intends that this Agreement and the Easement shall run with the land, and the agreements set forth herein shall be binding upon, and inure to the benefit of Grantor, Grantee and their respective heirs, successors and assigns. 5. Counterpart Signatures. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement. 6. Notices and Addresses. All notices, demands, requests or replies provided for or permitted by this Agreement shall be in writing and may be delivered by any one of the following methods: (1) by personal delivery with receipt acknowledged in writing; (11) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage - prepaid to the addresses stated below; or (iii) by deposit with an overnight express delivery service with receipt acknowledged in writing. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective upon return of the receipt. Notice by ovemight express delivery service shall be deemed effective one (1) business day after deposit with the express delivery service. Notice by personal delivery service shall be deemed effective at the time of personal delivery. For purposes of notice, demand, request or reply, the addresses of Grantor and Grantee shall be: GRANTOR: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Attention: City Manager With a copy to: JENKINS & HOGIN, LLP 1230 Rosecrans Avenue, Suite 110 CITY 006249 Manhattan Beach, CA 90266 Attention: Michael Jenkins GRANTEE: Rolling Hills Community Association of Rancho Palos Verdes 1 Portuguese Bend Road Rolling Hills, CA 90274 Attention: Association Manager With a copy to: LAW OFFICES OF SIDNEY F. CROFT 3858 Carson Street, Suite 127 Torrance, CA 90503-6705 Attention: Sidney F. Croft 7. Governing Law. This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in Los Angeles County. 8. Authority/Modification. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified only by written agreement. IN WITNESS WHEREOF; Grantor and Grantee have caused this Grant of Easement to be executed as of the date first written above. "GRANTOR": DATED: B. Allen Lay, Mayor ATTEST: By: City of Rolling Hills, City Clerk APPROVED AS TO FORM: CITY 006250 APPROVED AS TO FORM: By: City Attorney "GRANTEE" ATTEST: APPROVED AS TO FORM: 8 ciati Attrney By: \-:\ �t Roing Hills Community A ociation of Rancho Palos Verdes, President Page 4 of 5 CITY 006251 STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES On ,2007, before me, , personally appeared , personally known to me (or proved to, me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person or the entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA COUNTY OF LOS ANGELES )ss. ) On }-ik;tr if, *: , 2007, before me, 1=t ,'�1 r-,,, ;:1i,r . , personally appeared !_-::;1:i _-•i-c -1 , pocenotly-k-newn to me (of proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity; and that by his/her signature on the instrument the person or the entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public \ , `i KRISTEN RA1 G : t�t�_ Comm. $1507517 . ' ; '1 a -.f NOTARY PUBLIC uD LOS ANGELES COUNTY .1 MN Cam.EvAloiAUGUST2o,200e Page 5 of 5 CITY 006252 Extjibit A Description of Temporary, Emergency Road Easement For Poppy Trail (private road) Over A.P.N.7567 001 901 A strip of land, thirty feet wide, over that portion of Lot "H" of the Rancho Los Palos Verdes, in the City of Rolling Hills, County of Los Angeles, State of California, allotted to Jotham Bixby, by decree of partition in Case No. 2373 of the District Court of the 17th Judicial District and entered in Book 4, page 57 of Judgments, in the Superior Court of said County, said strip being 15 feet, measured at right angles, on each side of the following described centerline: Beginnning at the most westerly corner of Lot 2 of Tract 32071 as shown on the map filed in Book 848, Pages 56 and 57 of Maps in the office of said County Recorder, thence along the Northwesterly boundary of said Lot 2, North 41° 05' 00" East, 15.10 feet to the True Point of Beginning, Said point being the beginning of a non tangent curve concave Easterly with a radius of 89.92 feet, said curve having a radial which bears North 79° 26' 55" East, thence departing from said Northwesterly boundary, Northerly along said curve through a central angle of 42° 27' 20", an arc distance of 66.63 feet; thence North 31° 54' 15" East, 25.59 feet to the beginning of a tangent curve concave to the Northwest having a radius of 99.98 feet, thence Northeasterly along said curve through a central angle of 13° 24' 25", an arc distance of 23.40 feet; thence North 18° 29' 50" East, 22.69 feet to the beginning of a tangent curve concave to the Southeast having a radius of 100.00 feet, thence Northeasterly along said curve through a central angle of 9° 58' 09", an arc distance of 17.40 feet; thence North 28° 27' 59" East, 190.14 feet to the beginning of a tangent curve concave to the West having a radius of 110.31 feet, thence Northerly along said curve through a central angle of 32° 43' 35", an arc distance of 63.01 feet; thence North 4° 15' 36" West, 43.12 feet to the beginning of a tangent curve concave Westerly having a radius of 100.00 feet, thence Northerly along said curve through a central angle of 7° 16' 58", an arc distance of 12.71 feet to a point of compound curve which is the beginning of a tangent curve concave Southwesterly having a radius of 330.66 feet, thence Northwesterly along said curve through a central angle of 14° 35' 48", an arc distance of 84.24 feet; thence North 26° 08' 22" West, 20.69 feet to the beginning of a tangent curve concave to the Southwest having a radius of 577.97 feet, thence Northwesterly along said curve through a central angle of 13° 16' 17", an arc distance of 133.87 feet to a point of reverse curve, said point being the beginning of a page 1 of 2 CITY 006253 curve concave to the Northeast having a radius of 50.00 feet, thence Northwesterly along said curve through a central angle of 29° 06' 12', an arc distance of 25.40 feet; thence North 10° 18' 2T West, 61.67 feet to a point on the Easterly line of Lot 90 of the Rolling Hills Tract as shown on the map recorded in Book 201, Pages 29-35 inclusive of Maps in the office of said County Recorder, said line having the bearing North 4° 00' 00" East, said point being South 4° 00' 00" West, 68.36 feet from the Northerly terminus of said fine. Sidelines of said 30 foot strip shall be lengthened or shorten to terminate at said Northwesterly boundary of Lot 2 of Tract 32071 and said Easterly line of said Lot 90 of the Rolling Hills Tract. Legal Description Prepared By: Bolton Engineering Corp. </ .Ross N. Bolton, RCE 26120 J `7) .7Z_ C....<11; Date page 2 of 2 CITY 006254 LOT 90 ROLLING HILLS TRACT. 1.1.9. 201 PCS. 29-35 N41 1 N04'O0'O0'E 58.36' 15.00' QTY LOT LOT 2 OF MGT 37971. .L& 545 acs M-57 / Pcert 11" - PGINT OF BEGINNING Exhibit B Sketch Of Temporary, Emergency Road Easement For Poppy Trail (private road) BEARING AND DISTANCE TABLE No. BEARING DISTANCE 1 N 79'26'55" E $9.92' 2 N 31'54'15" E 25.59' 3 N 18'29'50" E 22.69' ® N 28'27'59" E 190.14' gN 04'15'36" W 43.12' N 26'08'22" W 20.69' 0% N 10'18'27" W 61.67' CURVE DATA TABLE No. DELTA RADIUS LENGTH TANGENT Q 42'27'20" 89.92' 66.63' 34.93' V 13'24'25" 99:98' 23.40' 11.75' d 09'58'09" 100.00' 17.40' 8.72' 0 32'43'35" 110.31' 63.01' 32.39' 0 0716'58" 100.00' 12.71' 6.36' Q 14'35'48" 330.66' 84.24' 42.35' © 13'16'17" 577.97' 133.87' 67.24' 0' 29'06'12" 50.00' 25.40' 12.98' 100' CITY 006255 RESOLUI'IO G. J13: A RESOLUTION OF THE CITY CNOC.._ OF THE CITY OF ROLLING HILLS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATENIENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCI 1 O. 20117. Interim City Manager Dahlcrbrach provided the information contained in the staff report. He reported that the attached resolutions would establish the election that will be held in the City in March. 2007. Hearing no discussion, Mayor Lay called for a motion. Councilmember Heinsheimer moved that the City Council adopt 'Resolution Nos. 1011, W12 and 1013. Councilmember Hill seconded the motion which carried unanimously by these Councilmembers in attendance at the meeting. CONSIDERATION OF ALLOCATION OF THE CITY OF ROLLING HILLS TRANSPORTATION DEVELOPMENT ACT (TD. -1) ARTICLE 3, BICYCLE AND/OR PEDESTRIAN FUNDS. Interim City Manager Dahlerbruch.presentecf the information contained in the staff report including the requests from Rancho Palos Verdes and Rolling Hilts Estates that the City of Rolling Hills allocate the TDA Article 3 Funds for eligible projects in those citits. Hearing no discussion. Mayor Lay called for a motion. Councilmember Heinsheimer moved that the City Council allocate one half (310,501) of the ' City of Rolling; Hills TDA Article 3 Transportation Funds to the City of Rolling Hills Estates and one half (510.501) be allocated to the City of Rancho Palos Verdes for eligible projects in those cities. Councilmember Hill seconded the motion which carried unanimously by those Councilmembers in attendance at the meeting. CONSIDERATION OF A PROPOSAL FRO\I EROSION CONTROL SPECIALISTS FOR THE RE -WINTERIZATION OF THE POPPY TRAIL LANDSLIDE. interim City Manager Dahlcrbruch provided a sample of the green mesh material proposed for covering the black plastic. He also presented photographs of the material that had been placed on a slope the area of the realigned Poppy Trail. In response to Councilmember Pernell, Mr. Mike Raider, consulting geologist, explained the pins that keep this material in place on the hillside. Further discussion ensued regarding the proposal submitted by Erosion Control Specialists. Interim City Manager Dahlerbruch indicated the maintenance of the material was not include; in the proposal. He explained that in the past Erosion Control Specialists had made repairs to the material as needed on a time and material basis. He suggested that the City Council may tvish to consider a retainer agreement with Erosion Control Specialists for maintenance purposes. In response to Councilmember Pernell, N Ir. Reader explained that due to storm winds that the material may loosen and that overtime deterioration of the UV material and sandbags may occur. He stated that he feels that the green mesh material provides bar a more aesthetically pleasing view of the material from neighboring properties. Councilmembers discussed the idea of covering the existing plastic with new plastic material rather than removing the existing plastic. Staff indicated that this suggestion could researched with the contractor. Hearing no further discussion. Alayor Lay called for a motion. Councilmember Heinsheimer moved that the City Council accept the proposal from Erosion Control Specialists and approve the agreement between the City of Rolling (-(ills and Erosion Control Specialists for the re -winterization of the Poppy Trail Landslide and direct that staff . work with Erosion Control Specialists to determine whether the existing black plastic covering could be utilized in order to save costs. Councilmember remelt seconded the motion which carried unanimously by those Councilmembers in attendance. OPEN AGENDA - APPROXIMATELY 8:00 P.M, - PUBLIC COMMENT %VELCO1 J None. Minutes City Council Meeting 11.1/23/06 CITY 006277 Agenda Item No.: 8-C Mtg. Date: 10123/06 AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the City Manager and attested by the City Attorney, by and between Erosion Control Specialists, hereinafter referred to as the "CONTRACTOR" and the City of Rolling Hills, California, hereinafter referred to as "CITY." WHEREAS, pursuant to the emergent nature of the work the City did not issue a Notice Inviting Sealed Bids or Proposals, but accepted the bid of CONTRACTOR Erosion Control Specialists and; WHEREAS, City Council has previously authorized the City Manager to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the #1 Poppy Trail Nuisance Abatement in the City of olling Hills. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work pursuant to Section 20168 of the California Public Contract ode for the #1 Poppy Trail Nuisance Abatement in the City of Rolling Hills. The work shall be performed in accordance with its proposal dated September 19, 2006, which is incorporated herein by reference and attached hereto as Exhibit A. Notwithstanding the foregoing, the City reserves the right at it's sole discretion to increase, decrease, delete, or add to this scope of work, or, to enter into any agreements with others to complete any portion of this work. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Scope of Work incorporated herein by reference as Exhibit A and made a part hereof with like force and effect as if set forth in full herein. The Exhibit A, CONTRACTORS Proposal dated September 19, 2006, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within 15 working days from the date of the notice to proceed. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as CITY 006301 4 proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract.' b. For all operations of the CONTRACTOR or arty sub -contractor in perforrning the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of Califorrua. 2) Name as additional insured the City of Rolling Hills and Rolling Hills Community Association, a private corporation, its officers, agents and employees, and any other parties specified in the proposal to be so included; 7 CITY 006302 1 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within five (5) days from the date of the notice of award of the Contract, deliverto the City Manager or his designee the original policies of insurance required in paragraphs a. ' and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailin& rates of per diem wages. The CONTRACTOR also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. CITY 006303 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to ay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Rolling Hills and its officers, agents and. employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from arty cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, 4 CITY 006304 employees, subcontractors or invitees provided for herein, whether or riot there is concurrent passive or active negligence on the part of City. In connect -ion therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the. CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages, which may have been required under this Agreement, or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, .concurrent, or subsequent active or passive negligence by the Indemnitees. Liability. City agrees to indemnify, hold harmless and defend at its expense Contractor from any and all claims, actions, losses, damages, charges, expenses or attorneys fees to which Contractor may be subject by virtue of Contractor entering the property at #1 Poppy Trail Road and performing the work set forth in the scope of services in a professional manner as directed by the City. Notwithstanding the foregoing, the City's obligation under this Section shall not apply to liability incurred by Contractor for actions outside the scope of services or which result from wrongful or malicious conduct or negligence in the performance of the work, all as to which Contractor shall indemnify and hold City, its officers, agents and employees harmless. Initial Anton Dahlerbruch Interim City Manager City of Rolling Hills 5 CITY 006305 Jason Locklin Eroson Control Specialists 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because.of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties providedforin Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in Exhibit A in accordance with CONTRACTOR'S Proposal dated SEPTEMBER 19, 2006. 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 851583-D64 16761 Viewpoint Lane, Suite #074 Huntington Beach, CA 92647 Date By: Jason Locklin TITLE CITY OF ROLLING HILLS, CALIFORNIA By: ANTON DAHLERBRUCH, INTERIM CITY MANAGER Date ATTEST: By: DEPUTY CITY CLERK Date 6 CITY 006306 CONTRACTOR'S Business Phone (909) 753-9637 Emergency Phone at which CONTRACTOR can be reached at any time: (909) 753-9637 APPROVED AS T FORM: DATE: CITY ATTORNEY 7 CITY 006307 DRAFT following discussion, City Manager Nealis indicated that he would continue to discuss this idea with Rolling Hills Estates to determine if services can be implemented in the afternoon only and report back to the City Council. Councilmember Black indicated that he would contact some Rolling Hills residents to survey crossing activity. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL ,Councilmember Black queried if extended work hours for the RHCA Poppy Trail Road project were being implemented. City Manager Nealis explained the previous action of the City Council to allow the RHCA to establish extended work hours for their project as requested, and commented that the grader reported to him that there were some difficulties in coordinating the activities of two shifts for this project, but that the grader felt that good progress was being made. City Manager Nealis commented that the grading currently being done is under the RHCA contract. Councilmember Black indicated that he may contact the RHCA. Mayor Pernell reported that the Sanitation District started a new program for students called "Sewer Science Program". MATTERS FROM STAFF STATUS REPORT RELATING TO NUISANCE ABATEMENT AT 1 POPPY TRAIL. City Manager Nealis reported that he had no new evidence that the owner of #1 Poppy Trail had taken any of the actions outlined in Resolution No. 996 adopted by the City Council on September 26, 2005. City Manager Nealis reported that Caballeros was going to host a 25 -year membership celebration in the City Council Chambers in November. City Manager Nealis reported that following the report from the West Vector Control District that a tick positive with Lyme Disease was found in the Purple Canyon, Mrs. McDonald, 30 Caballeros Road, was reportedly bit by a tick over the weekend in that area and that she was being treated by her physician who may elect to send the tick to a lab for testing. In response to Mayor Pennell, City Manager Nealis indicated that Caballeros and RHCA were notified immediately after the information was presented to the City from the District and the trails have been posted per the instructions from the District. In response to Councilmember Black, City Manager Nealis explained that the person believed to be responsible for the recent thefts in the City was arrested. Minutes City Council Meeting 10/24/05 -4- CITY 007746. City 0/ Rolling ihl h 1:cC)RPO tATED JAN LUIZ 74, ;<i5: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 E-mail: cilyorrh@acl.com Agenda Item No: 11-A Mtg. Date: 10-24-05 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: STATUS REPORT RELATING TO NUISANCE ABATEMENT AT 1 POPPY TRAIL. DATE: OCTOBER 24, 2005 BACKGROUND During a public hearing at the regular City Council meeting held Monday, September 26, 2005, the City Council declared a public nuisance at 1 Poppy Trail and ordered specific winterization measures to abate nuisance conditions caused by land movement activity in March, 2005. According to the Resolution adopted by the City Council, the property owner, Mr. Alan Sheen, was to provide a plan and schedule of implementation of the initigation measures within 10 days from the date of the adoption of the Resolution (by October 6, 2005) and begin implementation of that plan by October 10, 2005. Mitigation measures are to be completed by November 10, 2005. At the October 10, 2005 City Council meeting, staff provided a status report indicating that a mitigation plan and schedule of implementation had not been submitted to City Hall by October 6, 2005 and that there was no evidence of implementation of any mitigation measures by October 10, 2005. Staff will provide a status report regarding this subject at this evening's meeting. CRN:en 10-24-051 PappyTmil-sta.dac CITY 007747 City 0/Roiling Jh/'/ IF CW:PORATE•D JANUARY 25, lR37 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF 90274 (310) 377.1521 FAX: 1310) 377-7285 E-mail: cityofrheaol.com Agenda Item No: 6-A Mtg, Date: 09-26-05 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF NUISANCE ABATEMENT AT 1 POPPY TRAIL ROAD (LOT 90-B-RH). OWNER: ALAN SHEEN DATE: SEPTEMBER 26, 2005 BACKGROUND Over the weekend of March 5-6, 2005 a landslide event occurred involving the improved property at 1 Poppy Trail, an unimproved parcel at 4 Poppy Trail and City property. On March 7, 2005 City staff and representatives of the County of Los Angeles inspected the slide which resulted in the guesthouse at 1 Poppy Trail being declared unsafe for occupancy. The guesthouse was "red -tagged" by the County of Los Angeles. In conjunction with the initial emergency response, the City hired the geology consulting firm of Group Delta Consultants to prepare a geological report on the slide, access plan and recommendations for initial and future mitigation. That report was presented to the City Council on June 27, 2005. Copies of the geologic report were forwarded to the property owner. On July 12, 2005, correspondence (attached) with a list of initial mitigation measures recommended by our Consulting Geologist was sent to Mr. Sheen requiring him to implement the mitigation measures by September 15, 2005. On September 2, 2005, additional correspondence (attached) was sent to Mr. Sheen regarding the necessity to implement the initial and further recommended mitigation measures by September 15, 2005 pursuant to Rolling Hills Municipal Code Section 8.24.020 (Duty of Owner or Possessor of Property) which requires that every person that owns or is in possession of any property, place or area within the boundaries of. the City shall, at his or her own expense, maintain the property, place or area free from any nuisance. Rolling Hills Municipal Code Section 8.28.010 defines any condition on property that has or will aggravate, enlarge or accelerate an active landslide to be a public nuisance subject to abatement pursuant to Chapter 8.24. Mitigation measures to be completed by Mr. Sheen by September 15, 2005 included the following: .1. CITY 007774 .01 CEO Q/ Ie0/ Pubt September 2, 2005 VIA CERTIFIED AND REGULAR MAIL NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (3101377-1521 FAX: (3101377-7288 mat crh/o1rP E aoI.com Mr. Ying Ching Sheen Mr. Alan Sheen Mr. James Sheen 1 Poppy Trail 1 Poppy Trail 60 Crest Road East Rolling Hills, CA 90274 Rolling Hills, CA 90274 Rolling Hills, CA 90274 Dear Mr. Sheen: On July 12, 2005, we sent you the enclosed correspondence informing you of safety mitigation measures for your property recommended by our consulting geologist. In that correspondence, we requested that you implement these measures by September 15, 2005. To our knowledge, these measures have not been performed as of this date. We enclose updated safety mitigation recommendations from our consulting geologist that are necessary to be implemented on your property to help protect against aggravation of the existing landslide as the approach the rainy season. These mitigation measures are outlined in the attached letter dated September 1, 2005. Pursuant to Rolling Hills Municipal Code Section 8.24.020 ("Duty of Owner or Possessor of Property") "every person who owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any nuisance." .Rolling Hills Municipal Code Section 8.28.010 defines any condition on property that has or will aggravate, enlarge or accelerate an active landslide to be a public nuisance subject to abatement pursuant to Chapter 8.24. We have enclosed a copy of 'both Chapters 8.24 and 8.28 for your review. Pursuant to Section 8.24.030, you are hereby directed to implement the following measures in order to abate conditions on your property that will potentially aggravate and accelerate the existing landslide: 1. Seal renewed tension cracks to prevent water infiltration. 2. Demolish the guesthouse and remove all debris from the site. 3. Flatten headscarp to 1:1 slope. 4. Cover entire affected area with UV resistant plastic sheeting. 5. Install temporary drainage devices to divert stormwater from entering landslide area from locations above the head scarp of the landslide. The above measures must be implemented by September 15, 2005. You are hereby notified that if you do not implement the nuisance abatement actions by September 15, 2005, a nuisance abatement hearing will be conducted before the City Council at its regular meeting on Monday, September 26, 2005 beginning at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. If the hearing goes forward, you will be given an opportunity to present evidence to the City Council regarding the conditions onyour property and regarding this abatement order. ®rr•.•�:..I�•., ..,r.r.. CITY 007776 Page 2 We have forwarded this correspondence to all of the known addresses we have regarding.this property. We trust that by providing a certified letter to Mr. Craig Collins that he will forward this letter to you in the event that it is not received at the addresses listed above. We have also posted this letter at the property. Should you wish to discuss this further, please do not hesitate to call. Sincerely, Craig R. Nealis City Manager CRN:mlk O3 -29 -OS, h rn- tr.doC cc: City Council City Attorney Rolling Hills Community Association Craig Collins, Attorney at Law (certified) Mike Reader, Group Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official Sarah Curran, Drainage/Grading Engineer CITY 007777 Sincerely, fA 0/Poifirl GODFREY FERUELL. D 0 S. Mayor D. ALLEN LAY Mayor Pro Tern OR. JAMES BLACK Counc+lrnemher THOMAS F. HEINSHEIMER Councdmernher FRANK E. HILL Councdmember July 12, 2005 Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 9027.1 140. 2 PORTDEL,EEE BEND ROAD - ROL L: r:G Hfl LS. C.LIF. 90274 131(13/7.1521 FFx:1310) 377.7 ZEB G•ma.l G¢alrh; aol Corn Dear Mr. Sheen: On March 22, 2005, the City received the attached recommendations from our consulting geologist for immediate safety mitigation consulting involving ) measures for the land movement your property. As you recall, at that time, you provided access agreements for the City of Rolling Hills to complete several of then .The t completed mitigation measures number 1 and (2.0 these measures. 17teCity RECOMMENDATIONS) described in the attached letter. shed letfe.r. Mitigation measures number 3, 4 and 5 still need to be completed. We respectfully request you to complete these mitigation measures on yourproperty oSeptember 1S, 2005. Please let us know if you require any assistance with finding prior t to t can complete this work on your property. a contractor that We look forward to your completion of this work. Thank you for your cooperation. Craig R. Nealis City Manager CRN:mlk (LT- / /44-1$/weir-1/r..1.,t- cc: Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Croup Delta Consultants Ross Bolton, Bolton Engineering CITY 007782 EXHIBIT A City o/ I� o �Cin� ✓�ti�P3 September 2, 2005 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr_ Sheen: Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 NO. 2 PORTUGUESE KENO ROAD ROLLING NRLS. CALIF. 9027a {3101377.7521 FAX: 1310) 377.72B8 E.mai[ ca70Lh+aoLcom Mr. James Sheen 60 Crest Road East Rolling Hills, CA 90274 On July I2, 2005, we sent you the enclosed correspondence informing you of safety mitigation measures for your property recommended by our consulting geologist. In that correspondence, we requested that you implement these measures by September 15, 2005. To our knowledge, these measures have not been performed as of this date. We enclose updated safety mitigation recommendations from our consulting geologist that are necessary to be implemented on your property to help protect against aggravation of the existing landslide as we approach the rainy season. These mitigation measures are outlined in the attached letter dated September 1, 2005. Pursuant to Rolling Hills Municipal Code Section 8.24.020 ("Duty of Owner or Possessor of Property") "every person who owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any nuisance." Rolling Hills Municipal Code Section 8.28.010 defines any condition on property that has or will aggravate, enlarge or accelerate an active landslide to be a public nuisance subject to abatement pursuant to Chapter 8.24. We have enclosed a copy of both Chapters 8.24 and 8.28 for your review. Pursuant to Section 8.24.030, you are hereby directed to implement the following measures in order to abate conditions on your property that will potentially aggravate and accelerate the existing landslide: 1. Seal renewed tension cracks to prevent water infiltration. 2. Demolish the guesthouse and remove all debris from the site. 3. Flatten headscarp to 1:l slope. 4. Cover entire affected area with UV resistant plastic sheeting. 5. Install temporary drainage devices to divert stormwater from entering landslide area from locations above the head scarp of the landslide. The above measures must be implemented by September 15, 2005. You are hereby notified that if you do not implement the nuisance abatement actions by September 15, 2005, a nuisance abatement hearing will be conducted before the City Council at its regular meeting on Monday, September 26, 2005 beginning at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. If the hearing goes forward, you will be given an opportunity to present evidence to the City Council regarding the conditions on your property and regarding this abatement order. (�r..._ ... r...1".••••• Resolution No. 996 -4- CITY 007811 Page 2 We have forwarded this correspondence to all of the known addresses we have regarding this property. We trust that by providing a certified letter to Mr. Craig Collins that he will forward this letter to you in the event that it is not received at the addresses listed above. We have also posted this letter at the property. Should you wish to discuss this further, please do not hesitate to call. Sincerely, Pit -0 Craig R. Nealis City Manager CRN:mlk 07.24-0SILent-lnjat cc: City Council City Attomey Rolling Hills Community Association Craig Collins, Attorney at Law (certified)_ Mike Reader, Group Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official Sarah Curran, Drainage/Grading Engineer Resolution No. 996 -5- CITY 007812 GROUP 71 September 1.2005 Project No. L-599 Dl DELTA tau;u u City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Attn: Craig Nealis, City Manger Subject: Fre-Road Construction and Site Winterization Recommendations, ATV and Temporary Access Roads Poppy Trail Landslide Rolling Hilts, California Mr. Nealls: As requested, GROUP DELTA CONSULTANTS, INC. (GDC) is pleased to present this letter to provide pre -construction and winterization for construction recommendations related to the construction of the ATV road across the Poppy Trail Landslide and the lower access road. Currently, GDC is in the process of installing Inclinometers in the landslide and observed the following: On September ], 2005, during while installing inclinometers on the midsection of the Poppy Trail Landslide, it was observed that the landslide was still moving, as evidence by, there were traverse cracks that paralleled the toe of the landslide throughout the midsection of the landslide. Diagonal tension/shear cracks were observed along the north lateral scarp and across the northern section of George FF Canyon Trail where the trail crosses the lateral scarp of the landslide. Also, there is evidence that surface water has ran off the top of the landslide head scarp onto the landsIde mass. This water needs to be prevented from flowing onto the landslide where it can enter the new tension cracks, which can accelerate the movement of the landslide. . .�• ♦ .. .. • •www.rrrounDelta.eorn• ..:1r.:_.�• -.4.- '.,. . • Resolution No. 996 _6 - CITY 007813 CROUP DELTA ausiausaa L-599 DI Group Delta Consultants. fne. 2 Poppy Trail Landslide City of Rolling !fins PRE -CONSTRUCTION AND WINTERIZATION RECOMMENDATIONS Recognizing the emergency aspect of pre -construction of the proposed roadways and winterization of the Poppy Trail Landslide, it is recommended that several steps be taken during the construction of the ATV and the temporary access roads. 1. A small bulldozer should be used to seal the renewed tension cracks that developed to prevent water Infiltration. At this time, the cracks are small but with time they could grow larger. This can be achieved by pushing soil into the cracks and track rolling the soil to a tight compaction. The toe of the landslide should be compacted with a bulldozer to seal any fractures and loose soil materials. 2. The guesthouse and landslide head scarp pose an emanate danger to persons traveling on the ATV and temporary access road. Therefore the guesthouse should be demolished. The demolition debris should not be stockpiled above the head scarp but taken offsite. After the guesthouse is removed, the landslide head scarp should be flattened to 1 horizontal to 1 to reduce rock and debris fall hazards from the scarp. A temporary fence should be placed on the uphill side of the ATV road to catch any debris that may fall from above the head scarp. The fence may not be suitable for retaining large boulders or debris. 3. Before the rainy season, UV resistant plastic sheeting should be placed over the head scarp to the ATV road and from the ATV road over the toe of the landslide to prevent water from entering the landslide mass and to prevent erosion. After the abandonment of the ATV road, the landslide should eventually be completely covered with the plastic extending over the edges of the tandside and from the taldback head scarp to the toe. Drainage off the plastic sheeting should be diverted away from the landslide to prevent water from accumulating on the landslide mass and to protect the temporary access road below Poppy Trail. 4. Temporary measures should be installed to divert any water collected on the paved slope ditches and drainage areas above the head scarp. Sand bags, a makeshift catch basin made of sand bags in a shallow pit and a corrugated metal or PVC pipe or an industrial sock drain" could be used for this purpose. The drainage devices should convey collected water down the slope away from the landside mass. Care should be taken to convey the water beyond the current access road and not to allow the water to enter the toe of the landslide. 5. A more complete inspection should be made of the areas above the landslide around the guesthouse and tennis court areas. Measures should Resolution No. 996 -7- CITY 007814 L-599 OI Poppy Trait Landslide Group Dcila ConsuULInU: I. 3 City of Rolling Hills be taken to prevent any runoff from the properties above from draining onto the landslide. This includes runoff from the roofs, into drain inlets and into paved or unpaved ditches since the outlets are unknown at this time. This may include use of sandbags, installation of temporary pipes, plastic sheeting, temporary re -grading, (which could require removal of driveways) and even redirecting the roof gutter down spouts into pipe systems and diverted away from the landslide mass. As part of the pre -construction phase of this grading, GDC is installing 3 inclinometers to monitor landslide movement during grading. This data will help determine the stability of the landslide. Closure This letter summarizes the opinion of GDC, based on the limited walkover, exploration and geological mapping of the landslide, observation of the landside conditions and the limited review of the subject references. This evaluation was performed in accordance with generally accepted local standards using that degree of care and skill ordinarily exercised under similar circumstances by reputable geotechnical consultants practicing in this or similar localities. No other warranty, expressed or implied, is made as to the professional advice included in this report. The conclusions for this project are, to a high degree dependent upon proper quality control from the contractor. Consequently, the recommendations are made contingent on the opportunity of GDC to observe the contractors operations including slurry, grouting or any excavating. If parties other than GDC are engaged to provide such services, they must be notified that they will be required to assume complete responsibility for the geotechnical phase of the project by concurring with the conclusions in this report or provide alternate recommendations as deemed appropriate. GROUP DELTA nasarxxern Resolution No. 996 -8- CITY 007815 1.699 D1 Puppy Trail Landslide Group Delta Consultant. Inc. 4 City of Rolling Hills if you have any questions, or If we can be of further service, please do not hesitate to contact Group Delta Consultants, Inc. at 310-320-5100. Respectfully Submitted, GROUP DELTA CONSULTANTS, INC. SK for Mike Reader ,161 Michael D. Reader, VP, GE Steven H. Kolthoff, PG, CEG N:1Pcojetai00-1991L-S99 Hollins Hill Poppy Trail Landslide%L-599A Poppy Trail SlideaDawnents11-599 RH Poppy Trail Landslide • Letter Rcpon 12.doe CROL: r q• DELTA iaruaaUnrt Resolution No. 996 -9- J CITY 007816 H/Lz 11-p -412 /tr.. 50TH ANNIVERSARY 1957 — 2007 • e Y g• G . 6 elvvv __ -.-..._.-. 24. 1957 NC: 2 PORTUGUESE BE40 RCA: ROLLING HILLS. CALIF. 90274 (310)377-1521 FAX: (310) 377-7288 Agenda Item No: 8-A Mtg. Date: 04-23-07 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: CONSIDERATION OF APPROVAL OF NUISANCE ABATEMENT COSTS, LETTER DATED APRIL 3, 2007, FOR ABATEMENT OF A DECLARED PUBLIC NUISANCE ON A PROPERTY AT #1 POPPY TRAIL ROAD. DATE: APRIL 23, 2007 ATTACHMENTS: April 3, 20078 Correspondence Nuisance Abatement Invoices BACKGROUND At the regular City. Council meeting held Monday, October 23, 2006, the City Council, following a public hearing, adopted Resolution No. 1014 declaring a public nuisance on the property at #1 Poppy Trail Road owned by Mr. Alan Sheen and required specific corrective actions to be completed by the property owner. This declared public nuisance resulted from a landslide event that occurred on March 5-6, 2005. Corrective actions required to be completed by the owner of #1 Poppy Trail included the following: 1. Remove all debris on the site (i.e. deteriorated plastic and sandbags). 2. Install UV. resistant plastic sheeting covered by Tensar TRM 450 fiber blankets, anchored with 12" steel pins and washers. 3. Install above -ground drainage devices. The property owner of #1 Poppy Trail was provided appropriate legal notice of this declaration and ordered to provide a plan and schedule of implementing the nuisance abatement mitigation measures no later than November 2, 2006 and commence implementation of the plan and performance of the corrective mitigation measures on or before, but no later than, November 10, 2006 and complete the corrective mitigation measures no later than 4:00 p.m. December 10, 2006. Page 1 of 2 CITY 009194 By December 10, 2006 the corrective measures had not commenced and had not been completed. Therefore, with verbal authorization from Mr. Sheen to the City Attorney, the City initiated and completed the nuisance abatement on the property. Pursuant to Rolling Hills Municipal Code Section 8.24.060, the City notified the property owner of #1 Poppy Trail that the nuisance has been abated by the City and provided the cost of the abatement. Correspondence that was forwarded to the property owner on April 3, 2007 is attached to this staff report. In that correspondence, we advised the property owner that the City Council would consider the approval of the nuisance abatement costs at this evening's City Council meeting. The cost of the abatement is $74,403.70 which includes the following: Original scope of work Change order for larger stakes Subtotal Credit for n on -returnable materials Total $68,771.00 $ 7,682.00 $76,453.00 ($ 2,049.30) $74,043.70 Pursuant to Rolling Hills Municipal Code Section 8.24.070, the property owner of #1 Poppy Trail is required to pay the costs of the nuisance abatement that are approved by the City Council within 10 days of the City Council approval. Further, Rolling Hills Municipal Code Section 8.24.070 authorizes the City Clerk to record a lien on the. property if the costs are not paid within 10 days of the date of the Notice of Abatement (City Council approval). RECOMMENDATION It is recommended that members of the City Council consider this report, any testimony offered at the City Council meeting, including the property owner or his representatives, and consider approval of the nuisance abatement costs attached to this staff report. AD/ mlk 04-23-07NuisanceAbat-stadoc Page 2of2 (2.D. CITY 009195 cat pollint.he1 24. 1'357 SOTH ANNIVERSARY 1957 - 2007 -0R. JAMES BLACK Mayor FRANK E. HILL Mayor Pro Tern THOMAS F. HEINSHEIMER Councilmember B. ALLEN LAY Councilmember GOOFREY PERNELL. O.D S. Count tmember April 3, 2007 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING BILLS. CALIF. 90274 (310)377-1521 FAX: (313) 377-72E8 Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 SUBJECT: NUISANCE ABATEMENT COSTS Dear Mr. Sheen: A the regular City Council meeting held on October 23,2006 the City Council declared a public nuisance on the property a 1 Poppy Trail and required specific corrective actions to be completed by the property owner of 1 Poppy Trail. These actions are described in the attached correspondence. Required actions were not taken by you as the property owner, therefore, after appropriate notification to you and your verbal consent to the City Attorney to be on your property, the City initiated and completed the nuisance abatement. Rolling Hills Municipal Code Section 13.24.060 requires the City to notify the property owner that this nuisance has been abated by the City and provide the cost of the abatement. The cost bill, which includes one Change Order, for abatement is attached. The enclosed cost bill will be presented to the City Council for approval at its regular meeting of Monday, April 23, 2007, at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. You are invited to attend this meeting and offer any comments or objections you may have to the bill. The Council may approve the enclosed cost bill, or make any modifications to it as may be appropriate. Pursuant to Rolling Hills Municipal Code Section 8.24.070, you are required to pay the cost bill approved by the City Council, if any, in full within ten (10) days of Council approval. © Pr8»t,'.c- eeryde d Paper CITY 009196 Page 2 Thank you for your cooperation Sincerely, iton Da erbruc City Manager AD:mlk 04-03.07511ccmr-11 r.doc cc: City Attorney California Joint Powers Insurance Authority Ed Richards, Kutak Rock LLP CITY 009197 Lc1r� 0/ea, , October 24, 2006 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen 1 Poppy Trail Rolling l-Iiils,CA 90274 PQF.;UGUESE EEuo Romeo RQLLIf G .0 LS. CALIF. 4027. coo 377-1S21 FAX 1310137;•72E8 E•ma.I UI1'elih'•::ol.cem. Mr. Alan Sheen Mr. Alan Sheen 1 Poppy Trail 20603 Toluca Avenue Rolling Hills, CA 90274 Torrance, CA 90503 Dear Mr. Sheen: At the regular City Council meeting held Monday, October 23,2006, the City Council adopted the enclosed Resolution entitled: RESOLUTION NO. 1014: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A PUBLIC NUISANCE AND ORDERING . THE ABATEMENT THEREOF. This Resolution was adopted following a noticed public hearing to consider the declaration ofa nuisance and ordering abatement of the nuisance pursuant to Rolling Hills Municipal Code Section 8.24.050. . This Resolution requires specific action to be taken by you as the owner of 1 -Poppy Trail. As. stated in Section 6, you are required to provide a plan and schedule for implementation of all nuisance abatement mitigation measures within ten (10) days of adoption of this Resolution, no later than November 1, 2006 and commence implementation of the plan and performance of the corrective mitigation measures on or before, but no later than November 10, 2006. Further, you are required to complete implementation of the corrective mitigation measures described in Exhibit A of the Resolution, and again listed below, xvithin 30 days thereafter, no later than 4:00 p.m., December' 10, 2006. The corrective mitigation measures include: I. Remove all debris on the site (i.e. deteriorated plastic and sandbags). 2. Install UV resistant plastic sheeting covered by Tensar TRM 450 fiber blankets, anchored with 12" steel pins and washers. 3. Install above -ground drainage devices. If you do not take any action within 30 days of adoption of Resolution No. 1014 by November 24, 2006, the City Council may direct staff to proceed with implementation of the mitigation measures pursuant to Chapter 8.24 of the Rolling Hills Municipal Code. CITY 009198 Page In the event that you elect not to perform the work yourself, the City requests that you give your consent to the City and its agents entering your property for the exclusive purpose of performing the above -described work. By giving your consent, the total cost of this project, for which you are responsible, will be reduced, as the City will not have to incur any legal expenses associated with obtaining access to your property. If you choose to give your consent, please sign on the line below and.return this letterto me at your earliest convenience. Please let us know if you need to discuss this further or wish to discuss a cooperative approach to implementation of these mitigation measures. Sincerely, --� Anton l�ahterbntc1 Interim City Manager AD:mlk 10-24-O(,Iue,,-Irr.d c cc: City Council Rolling Hills Community Association Mike Reader, Group Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official Lisa Eckert/Grading Engineer I warrant and declare that I am the owner -of the property located at 1 Poppy Trail, Rolling Hills, CA. I hereby give my consent to the City of Rolling Hills for its agents, contractors and employees to enter my property solely and exclusively to perform the work described in the September 19, 2006 letter from Erosion Control Specialists, and for no other purpose. I understand and acknowledge that this Work will be performed at my expense. CITY 009199 RESOLUTION NO. 1014 :1 RESOLUTION OFTHE CITY COL'NCIL.OFTHE CITY OF ROLLING I!ILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY. TRAIL- TO 13E A PUBLIC NUISANCE AND ORDERING THE :113ATENIE,N1' '(HEREOF. THE CITY COUNCIL OF 'THE CITY OF ROLLING HILLS DOES HEREBY FIND DECLARE AND ORDER AS FOLLOWS: Section 1. Puns ant to Section S.2.1 030 of the lolling 1-lilis i:lnicipal Code. the City I\tanager notified Mr. Alan Sheen, owner of that certain real property in the. City of Rolling Hills commonly known as 1 Poppy frail (Lot 90--13-RI-1), to :abate conditions on his prop:•rty that would pcitcntially aggravate and accelerate an existing landslide. The measures include removing all debris (deteriorated plastic and sandbags) from the site, covering the entire affected area with new UV resistant plastic sheeting. and installing' a bovc-ground drainage devices to divert stormwater from entering the landslide area (ronn locations above the headscarp of the landslide, The measures are designed to restore the winterization improvimients that were performed on the property in early 2006 and have since suffered normal deterioration, in anticipation o(the 2006-2007 winter rainy season. The notice directed that the measures be taken or commenced (and completed with due diligence) by October? 3, 2006, otherwise the City Council would hold a public hearing on October 23, 2006 in the City CouncilChambers of City Hall to hear any protests the owner might have to the abatementcf the nuisance. On October 11, 2006 the City posted the notice at the site. • Section 2 No action to abate the- nuisance has been taken by the property owner. Consequently, on October 23, 2006, the City Council held a public hearing to allow the City Manager, the property owner and any other interested parties to testify and submit evidence • • regarding the condition of the property located at 1 Poppy Trail. Scrtinn 3. Based upon staff reports, related documents and the evidence presented at the time of the hearing, the City Council makes the following findings of fact: a. The property located at 1 Poppy Trail is located in an active landslide in the City of Rolling Hills. The property is improved wi:h a single family residence, swimmir.g pool. water feature, stable. and tennis court. .An illegal nonconforming guesthouse was rerieved from the property• pursuant to the nuisance abatement proceeding in 2005-20:5. Inspections of the property demonstrate that the single family residence remains uninhabited. b. Following the activation of the landslide in early 2005, a geologist engaged by the City, with the property owner's permission, conducted borings and other tests on the. property to better understand the structure of the landslide in order to enable all interested parties to evaluate their options. A copy of the geologist's report was provided to the owner of 1 Poppy Trail. c The plastic sheeting, sandbags and abcve-ground drainage devices installed on the properly as part of the 2005-2006 nuisance abatement proceeding hare suffered :a normal amount of deterioration and need replacement in order to remain effective in inhibiting the infiltration of stormwatcr into the landslide. If these protective measures tee not kept in good condition and repair, infiltration of water into the slide plane will likely aggravate the slide, resulting in further damage to the property and the surrounding area. The City's geologist reports that the protective measures installed in 2005-2006 have been successful in slowing the movement of the landslide. d. Absent restoration of protective measures, the property wt!l representa continuing threat to public safety. Section 5. On the basis of the foregoing. and of the evidence contained in the record, the City Council finds and determines that the landslide condition of the property at 1 Poppy Trail. and the open crevices and fissures, separately and collectively constitute a public nuisance :cabin the meaning of Sections 3 2-L010 and S.2S.010 of the Municipal Code, and constitute a condition that is injurious to the public health, safety and welfare. The City Council further finds that by not restoring to good condition the winterization measures installed in 2005-2006 in anticipation of the 2006-2007 winter rainy season, storm water will further infiltrate the landslide and will further destabilize the property, creating'a danger to persons and property in the area. Resolution No. 1014 -1- CITY 009200 Section 6. in icctiaiance :Clip the (oregoin.;, and bee ' ot:•rcrs to niaint.. .heir 'm.,, ' ' it is the t-.,ty u( pr;.��r:i•. propel u tics free of nuisance_, th nuisances, the owner implement the c-rrecti:•' ill drinrs that the of this p c winterization measures described in Section :1 r•f this Resolution and further cc:.cribed in the attached correspondence (Exhibit A) on or befr re November 1. 2006; and, that the corrective measures be corn , or before November 10, 2006. In the event that the propertyE Ittd b) tare ails Jo_ omncrce performance of the corrective measures b ib downer fails to commerce by above -described deadlines,. than the City milt, on or after November 1, 2006 perform the corrective mc,cures at the properly owner's expense as authorized in Section 8.21.060 of the Municipal Code. Section 7. in the nuisance is not abated as specified herein, then the City i:lanag ris directed to cause the nuisance to be abated by the City, and also is directed to notify the property owner in writing by certified mail and regular mail of the cost of removal of the -nuisance and that payment nt in full for removal of the nuisance is due to the City within 10 dzrs of the date of moiling of the' notice. 1f the total cost of abating the nuisance is not paid to tae' City within 10 days after the date of the notice, the City Ctcrk shall record, in the Office of the County Recorder, a statement of the total balance due to the City, which shall constitute a lire upon the property: Section S The City Clerk is hereby directed to send a copy of this resolution by certified and regular mail to the owner of the property located at 1 Peppy Trail. Section 9. This resolution shall take effect immediately on October 23, 2006. PASSED, APPROVED AND ADOPTED THIS 23" DAY OF OCTOBER, 2006 ATTEST: Marilyn Kem Deputy City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS cS Ilen Lay I'vlayor The foregoing Resolution No. 1014 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A PUBLIC :VISA E -AND ORDEiv,P THE ABATEMENT THEREOF was approved and adopted at a regular meeting of the City Council on October 23, _006, by the following roll call vote: _ A YES: Councilmembers Thomas Hein.sheimer, Frank E. Hill NOES: Godfrey Pennell and Mayor B. Allen Lay Clone. .ABSENT: Mayor Pco •hem James .Black. ABSTAIN: Hone. h 1.? ttlarilyn Kem Deputy City Clerk Resolution No. 1014 CITY 009201 i to O/ &O Jt(t3 _ rxiintrr a• October 11,2_006 VI.710ERTIFIED AND REGULAR MAIL - tor. Yin g Ching Sl!e`ca 1 Peppy Trail Rolling l-lills, C:\ 9ti2;'.i Dear Mr. Sheen: `Ir. Alan Shccn 1 Poppy Trail . Rolling Hills. CA 90274 e:Q. 7 rO' l wui r i rot l n:G mu s. Cau S:•:: c U,Q;n.IY. r<, 13,:92::::a i-n» r�,o•.e4 »,n Mr. Alan f_zl ecn 20603 Toluca Avenue Torrance. CA 90503 Youl.•il1 recall that on September 26, 2005, the polling Hills City Council adopted Resdution No.596 do%taring the property at t Poppy Trail to constitute a nuisance and ordering the abatement t crecf. Subsequently, upon your failure to abate the nuisance, the City obtained an abatement warrant from the Superior Court and utilizing its forces perfcrrned corrective winterization work on the property. On April 10. 2006, the City Council approved the costs incurred in performing the abatement work and a lien was recorded against your property in that amount. Sincethe above-referenced.improv'ements were installed on the property, they have suffered a certain amount of ncrinal deterioration. With the approach of the 20f-2007' winter/rainy season. the City's geologists arc recommending that the abatement improvements installed by the City be restored and upgraded so that they remain effective in minimizing intrusion of stormwater into the landslide. f enclose a copy of a proposal from Erosion Contol Specialists dated September 19, 2006 setting forth the . recommended winterization work necessary to be implemented on your property to help potect against aggravation of the existing landslide as we approach the rainy season.. Pursuant to Ro:Iing Hills Municipal Code Section S.24.0_0 ("Duty of Owner or Possessor of Property") "every person who owns or is in possession of any property, place or area within the boundaries of the City shall. at his or her own expense, maintain the property. place drarea free from any nuisance.". Rolling Hills Municipal Code Svnistn 5.2S.010 uefiucs-any condition on property that has or will aggravate; -enlargeor accelerate an active landslide lobe a public nuisance subject to abatement pursuant to Chapter S.24. We have enclosed a copy of both Chapters 3.21 and S23 for your review. • Pursuant to Section 3.24.030, you are hereby directed to implement the following measures in order to abate conditions on your property that will potentially aggravate and accelerate the existing landslide: 1. Remove all debris on the site (i.e. deteriorated plastic and sa ndhage/. • - 2. install UV resistant plastic sheeting covered by Tcnsar TRM 450 fiber blankets, anchored with 12" steel pins and washers. 3. Install above -ground drainage devices. (c3 Resolution No.1014 Paget You may perform the above work wiLlr the contractor of your choice, and Imi5t do so or commen(e doing So (,intl complete the awed; with due diligence) by October. 23. 2006. You are hereby notified that if you vlo not implement or commence to iiipler cnt the nuisance abatement actions by October 23. 006; a nuisance abatement hearing will be conducted before the City Council at its rCvular H cetinf,., on ,Monday, October 23: 2006 Leginnin; at 7:30 p.m. in the Roiling Hills City Council Chambers. 2 Portuguese Bend Road- If hearing goes forward. j•ou Will be given an opportunity to present evidence to the City Council regarding the conditions on ).our prcperty and regarding this abatement order. In the event that it becomes necessary for the. City to perform the abatement work; it is the City's present intention .o utilize the services of the sane contractor that performed the 2005-2006abatement -work, Erosion Control 'Specialists: Its estimate for performance of this work is 56.5. 771;00. If the. work is performed at the behest of the City, the work t"ill be performed at your expense. Following completion of the project. the City Council twill again conduct a hearing to approve the final costs, and you will have an opportunity to present testimony at that hearing Should the Council approve the costs, and should ye:, not reimburse them to the City, a lien will be recorded against the title to the property in the amount of those costs, plus the City adminis legal expenses incur-,ed in implementing the project. y tr��Gv'e anti • In theevcnt.thctyou electnot to perform the work yourself. the City requests that you give your consent to the City and its agents entering your property for the exclusive purpose of performing the above -described work. By giving your consent, the total cost of this project. for which you are responsible, will be reduced, as the City will not have to incur any legal expenses associated with obtaining access to your property. If you choose to give your consent, please sign on the line below and return your earliest convenience: this letter:o me at We have forwarded this correspondence to all of the known addresses we have regarding this property. toe have also posted this letter, t the.property. Should you wish to discuss this further, please do not hesitate to call. Sincerely, \`, r, r , I}rife jen s ; • Acting City Manager` A-lJ:mlk J0.rI-P5:hr n•hr.dac cc: 'City Council rolling Hills Community Association Mike Reader, Group Delta Consultants Roy Ilan. District Engineer -Rafael Bernal, Senior Building Official Lisa Eckert/Grading Engineer Resolution,, No. 101.1 -4- CITY 009203 I ,varra nt and declare that I am the owner of the property located at i Po; Rolling Hills, CA. I hereby give my consent to the City i Poppy Trail, contractors .end cmp!o ees to enter m • property , , solely of Rolling Hills for its rents,. work described in Ih; .ecsto September 19, ) F of ert} solely and exclusively to perform the for k other purpose. • I st 19.d 2006 letter from Erosion Cont•olSpecialisls, and atmy'expense. d acknowledge that this work :,ill be performed Resolution No. 1014 CITY 009204 Erasion Control Spcci;ilists Ca License. iS515J Gptclnh:l 1?. _0J6 Attn: ?. f il:r Jenkins Cloy of rcl=ling 1liils Por us•.:ete.C'•end LI. Balling }tills. Ca .9027J • Pear h 1il:r. c t:rc c:c to (urnitb leper end untetials r P �. Far the Peppy Tr,.1t }loot --tin rolling. hills, Ca These.eniccs will he co .rlct:d in accord:cc: rit5 ir,!lu;.ry sated:sds end t•.i!J co =;1- t:it t.0 Prc.•ailiii ttzol ; a:c in:ifcct co this project and la hod accordia•• to the cur _nt hourly prn•:ilins T o.ce rate. 5 I. Site mobilization 2. Debi: Removal. Tnis to include removal of :11 plastic and sztad e and surrounding t son the slope ,, arccs, inc.udine arty extra debris or vegetation deemed necessary. This include: the sta`ine n i a proper arts for disposal but does not include the disposal. (To be preformed by rolling halls city association.) 3. Installation of 1.TV resir.r .nt platic !heeling to cover the entire slide area' and to c.ovcred with TenserTRMMM 450 fiber blaokc:s to ;educe uv penetration and reduce Clare C-om the sun. Plastic sheeting and Tcrsar material tt•ill be anchored with 12" steel pLis a.•d tt•a rhers. installation will be preformed based c.n aupplicr recommended installation methods. J. Installation otnbe•:e _round draina c deuces ai speciaed by the erosion control plait. CJr pricefcr perfo:ming, c the cart commence work. •';; As soon as we hat epos ; r al :tt This v. ark is at nrtenpl to prevest tinier slop: ato;creent hut, Eresicn Coal:ol specialist will no: tc held liable for :n)• funfter Ireirmeni of the slope and any cone:toe:deg daotage or idler)• rc'aia_ to ruck r712.; ntiritcd ty hroughouted at nthe plarlic she:ties and conerpendLay t1_:tage system tr S y::a.a,. rc a a::ures c temporary:ad mart maintained fined to keep diem proper i-tca I)•. ?.•Ia nl caanee ecn•ices ere r.;l included :a tr•.i; C•aten Cn.n.•I cr.IrI.P-ntet"r•1 ^L r•.irr 9;4 rttmyn•:on nnrh. CA t.[O CI.tt13ri•Ni 1J:6•IC)! Resolution No. 1014 .6. CITY 009205 E:ol:iitlil Coi(1'!?1 Sl7.°C!;!li;iS C:, L;rc„c _.SIBS,% freporJ l•• t C» L p:o:ij..1 1;110 t ti:.mlh_auiy av;.ilatiili;r. - -=v•:•u::var:c=c:;I;:r.ilJ.�aJoi Sincere!'.', j Eros ;on Con:rol Sptciy_ts ^C9.7534637 SOO-37%.101= G q:nn Cnnrr.lSPrt:.fr4 II;SI It 1M.p);'J$'U; .;, ~ CUIISTV.00:-1 Cleve., C. I:'n01!:r_t41; c.rc resolution NQ 1014 CITY 009206 City0�t l// I.l ,..... J / :.::_,J .:.:.,F.E: ':-?::,:k'Y 24. 1957 SOTH ANNIVERSARY 1957 — 2007 Mr. Alan Sheen 1 Poppy Trail Road Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING NILtS. CALIF. 90274 (310)177.1521 FAX: (310) 377-7288 INVOICE NUISANCE ABATEMENT COST April 2, 2007 Net 10 Days Erosion Control Specialists / Contech Construction Products Inc. Landslide 1Vinterization Services: Debris Removal. Installation of 10 mil:black plastic sheeting to cover slide mass. Tensar woven blankets. Tensar recommended steel stakes to be installed to anchor plastic sheeting and woven blankets. Installation of tensor woven blankets - Installation to be performed • with steel stakes. To be installed using a trech for anchoring purposes. Installation of above ground drainage devices as specified in EC plan. Past Due Amount (See attached invoke) TOTAL $ 74,403.70 $ 147,915.77 $ 222.332.47, ® Prinedon3ecvcledPaper CITY 009207 Air. Alan Sheen 1 Poppy Trail Road Rolling Hills, CA 90274 01 Pollin INCO ?o t .rED JA::U.SnT 1437 H0.2 PORTUGUESE BEND ROAD ROLLI`,G HILLS. CALIF. 90274 M0)371-1521 371.1521 FAX: (3Io) 377-7299 • E -real. crtyolm� aol.com INVOICE NUISANCE ABATEMENT COST April 11, 2006 Net 10 Days Erosion Control Specialists: Demolition and removal of euest house Cutting back headscarp to a 1:1 slope Exportation of soil according to plan (approx. I ,72S cu. yards) Additional debris removal Equipment setup extra cost Placement of sand -bags and plastic sheeting Installation of above ground drainage Installation of 13" NDS catch basin Compacting and grading work for adequate drainage Group Delta Consultants Winterization - Professional Services for the period October 1, 2005 through January 27, 2006 Nuisance Abatement - Professional Services for the period January 1, 2006 through February 24, 2006 Peninsula Septic Svc. Pump Septic Tank- Guest House Copley Los Angeles Public Notice -Consideration of Nuisance Abatement Jenkins S Ilogin Legal Services Administration Costs City Manager TOTAL S 33,500.00 23,400.00 25,920.00 5,345.00 S00.00 19,736.00 1,200.00 1,850.00 600.00 S 117,351.00 13,030.55 3,454.60 16,435.15 . 710.00 59.92 134,606.07 11,366.50 1,956.20 S 147,923.77 CITY 009208 �..��. V.. VV Vt... �. LV uzf ut Erosion Control Specialists P.O. Box 7 626 iuntingtan Beach, Ca 92647 1 BILL TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hilts, Ca 90274 1 ITEM I DESCRIPTION _ .. _ 190016 1 debris removal. this to include all exsisting 1 1 plastic, sandbags, vegetation; and any other I 'items needed. This to include only the 1 1 removal and loading into the city owned truck. Disposal to be preformed by the rolling hills !association. 190017 ' installation of 10 mil. black plastic sheeting to 1 I cover slide mass. 1 90025 i tensar woven blankets. 190029 i tensar reccomended steel stake to be i I installed to anchor plastic sheeting and 'woven blankets. 1 1 90038 I installation of tensar woven blankets. 1 I installation to be preformed with steel stakes. ! Ito be installed using a trech for anchoring 1 purposes. 190005 1 Installation of above ground drainage devices r l as specified in EC plan. 1 invoice is for a 50% (fifty) percent progress payment on above mentioned work. I Please remit to above address. 1 1 'Total 1 Invoice DATE INVOICE it • 1 1 /16/2007 170 1 SHIP TO DUE DATE ( P.O._NUMB7sR 1 I 1/23/2'007..! - - 1 AMOUNT : J 0.001 I 0.001 0.00 0.001 .00 I I 0.001 I 0.001 34,385.501 34,385.50 CITY 009209 ff.lar U5 U/ U4.41p Jason Locklin 714-949-6063 p 2 Erosion Control Specialists P.O_Box 1626 Huntington Beach, Ca 92647 r BILL TO Invoice DATE INVOICE T 1/16/2007 L 174 I The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 ITEM 90016 90017 SHIP TO DESCRIPTION debris removal. this to include all exsisting plastic, sandbags, vegetation, and any other items needed. This to include only the removal and loading into the city owned truck. Disposal to be preformed by the rolling hills association. i DUE DATE j P.O. NU11BER I 3/5/2007 QTR' 1 RATE l AMOUNT installation of 10 mil. black plastic sheeting to 1 cover slide mass. 90025 tenser woven blankets. 90029 tensar reccomended steel stakes to be installed to anchor plastic sheeting and woven blankets. . 90038 installation of tenser woven blankets. . installation to be preformed with steel stakes. to be installed using a trech for anchoring purposes. above Installation of 90005 ground drainage devices 1 as specified in EC plan. 1 1 i • i 1 0.00 0.00 0.00 0.00 0.00 0.00 CITY 009210 IFIOI v:J tij JCJUIl Luer.IIIl / I:4 -t,' -q -blebs P� Erosion Control Specialists P.O. Box 1626 Huntington Beach, Ca 92647 Invoice ' DATE ! INVOICE 4 1/16/2007 L 174 • BILL TO SHIP TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 DUE DATE P.O. NUMBER ER 3/5/2007 ITEM DESCRIPTION ; QTY I RATE r AINIOUNT invoice is for remaining 50% of original contract amount. (this does not include the change order or any credit for returned materials) Please remit to above address. Page 2 34,385.50 I Total 34,385.501 -OS CITY 009211 I I p.3 • Erosion Control Specialists P.O. Box 1626 Huntington Beach, Ca 92647 BILL TO Invoice DATE . 3/23/2007 IN OIC.k /? 10032 SHIP TO The City Of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, Ca 90274 ITEM 600012 90029 600012 90017 DESCRIPTION additional labor required to install T -Stakes. 36" steel stakes with with a 4" t -post delivered. additional labor required for debris removal. Credit for returned 18" steel pins minus a 25% re -stocking fee. Thank you for your business! 5 QTY 1 1 -DUE DATE P.O. NUMBER 4122/200 7 RATE AMOUNT 3,360.00 3,360.00 3,202.00 1,120.00 1,120.00 -2,049.30 Total 5,632.70 CITY 009212