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9/10/2001MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA SEPTEMBER 10, 2001 CALL TO ORDER A .regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Murdock at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Hill, Pernell, Mayor Pro Tem Lay and Mayor Murdock. Councilmembers Absent: None. Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Marilyn Kern, Deputy City Clerk. Lata Thakar, District Engineer, Los Angeles County Department of Building & Safety. Eric Gonzalez, Regional Drainage Engineer, Los Angeles County Department of Building & Safety. 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 August 27, 2001. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. Councilmember Heinsheimer moved that the City Council approve the recommendations in the Consent Calendar. Mayor Pro Tem Lay seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS CONSIDERATION OF ORDINANCE NO. 288: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE RELATING TO PRIVATE STREETS. City Manager Nealis presented the staff report providing background regarding the proposed ordinance. He indicated that the City Council introduced the ordinance at their last meeting and that it is presented this evening for second reading and adoption. Hearing no discussion, Mayor Murdock called for a motion. Councilmember Hill moved that the City Council waive further reading and adopt Ordinance No. 288. Councilmember Heinsheimer seconded the motion which carried unanimously. NEW BUSINESS CONSIDERATION OF SUBMITTING CORRESPONDENCE RELATING TO THE LOS ANGELES INTERNATIONAL AIRPORT ENVIRONMENTAL IMPACT REPORT. Minutes City Council Meeting 09/11/00 -1- City Manager Nealis presented the staff report providing background regarding this subject. He indicated that a memorandum from City Attorney Mike Jenkins as well as a draft letter indicating that the City of Rolling Hills joins in the comments of the South Bay Cities Council of Governments regarding the Draft Environmental Impact Statement/ Report, LAX Proposed Master Plan Improvements is attached to the staff report. City Attorney Jenkins indicated that the City Council would have to submit comments relating to the LAX Draft Environmental Impact Statement/ Report to maintain future options of the City regarding any potential action. Councilmembers discussed the draft letter. Councilmember Heinsheimer indicated that he feels that the City may not wish to join in any future action. Mayor Pro Tem Lay indicated that he feels that it is incumbent on the City to keep its options open because under some circumstances the proposed LAX Proposed Master Plan could have an impact on the community and the City Council should not be precluded from joining any future actions. Councilmember Heinsheimer suggested that the last sentence of the draft letter be deleted. City Attorney Jenkins indicated that the deletion of this sentence would not effect the legal significance of the letter. Mayor Pro Tem Lay moved that Mayor be directed to forward the letter, as amended, on the Draft EIS/Report LAX Proposed Master Plan Improvements. Councilmember Heinsheimer seconded the motion which carried unanimously. RESOLUTION NO. 908: 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. Mayor Murdock introduced Resolution No. 908 and called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 908. Councilmember Hill seconded the motion which carried unanimously. CONSIDERATION OF AWARD OF BID FOR THE ROLLING HILLS CITY HALL EXTERIOR PAINTING PROJECT. City Manager Nealis presented the staff report providing information regarding the City Hall Exterior Painting Project and the City Council's options regarding the single bid. Councilmembers discussed the cost to complete the project in the bid from Arena Painting Contractors and the fact that other companies did not submit bids. In response to Councilmember Heinsheimer, City Manager Nealis explained that the bid was sent to four other companies and outlined the scope of the job. Councilmember Hill suggested that the City contact the companies that did not bid the job and hold off painting until the spring. Further discussion ensued regarding the cost of the project. Mayor Pro Tem Lay indicated that he feels that the bid was reasonable. Councilmember Heinsheimer moved that the City Council award the City of Rolling Hills Exterior Painting Project to Arena Painting Contractors in an amount not to exceed $14,750. Mayor Pro Tem Lay seconded the motion which carried unanimously. CONSIDERATION OF ALLOCATING THE FY 1997-98 CITY OF ROLLING HILLS TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3, BICYCLE AND PEDESTRIAN FUNDS TO THE CITY OF ROLLING HILLS ESTATES. RESOLUTION NO. 909: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821. Mayor Murdock introduced the item and Resolution No. 909 and called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 909. Councilmember Pernell seconded the motion which carried unanimously. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Mr. and Mrs. James Hao, 5 Sagebrush Lane, reported on the land failure on their property. Mr. Hao commented on the City and County review of plans to permanently repair the slope failure on his property and the plans for the temporary winterization repairs. Mr. Hao provided photographs of his property depicting the land movement. He expressed concern Minutes City Council Meeting 09/11/00 -2- regarding upcoming winter rains and indicated that his house may be damaged due to a rainy winter. He also expressed concern that the County had asked that the land movement on the Calhoun property be repaired by him as well. City Manager Nealis explained that information had previously been submitted to the County by the Hao's engineering, soils and geology consultants=that indicate that the magnitude of the land movement was not limited solely to the Hao property. City Manager Nealis reported that a meeting was held with County and City representatives as well as Mr. Hao's representatives to discuss what type remedies that the Haos could pursue to repair their property. He said that County representatives indicated at that time that they would review any type of application involving one or more properties that the applicant's team wanted to submit, however, in their experience that it would be difficult to produce an application for land subsidence repair that did not involve the entire extent of the land movement that his engineers had. identified as crossing several property lines. In response to Councilmember Pernell, City Manager explained that a remedial repair has been proposed by the engineer representing Mr. Hao and presented to the County. He indicated that the County has returned a review sheet to the applicant's representative identifying additional information necessary to prudently review the repair proposal. City Manager Nealis said that staff has indicated to the applicant that the City will approve any application that has been approved by the County under emergency provisions of the Municipal Code, including grading and soil importation. City Attorney Jenkins summarized that Mr. Hao and his representatives do not think that there is enough time between now and winter to do a permanent fix on the property and that they want to do a temporary winterization to get through the rainy season and that they have submitted plans to the County for this work. He said that the County has returned a correction sheet to the applicant indicating that more information is needed. City Attorney Jenkins indicated that he feels that the applicant is in attendance at this evening's meeting to object to the County's requirements for additional information to consider the temporary winterization proposal for approval. He indicated that according to Mr. Hao's engineers, the house has been stabilized with the construction of a number of concrete caissons. He explained the drainage improvements that the applicant has proposed for the canyon and natural drainage course adjacent to the property. City Attorney Jenkins stated that the County and all of their resources reviews such applications on behalf of the City. In response to Councilmember Heinsheimer, City Attorney Jenkins indicated that the remediation has been proposed to protect the land. He indicated that the residential structure has been stabilized by caissons. He stated that the situation is complicated because the slide extends onto other properties and one of the other property owners in question does not want to participate financially in the remedial work. Discussion ensued regarding the other properties that may be affected by the winterization and permanent repairs to the property. Mr. Jenkins explained meetings that have been held with Mr. Calhoun in attendance. Mr. Jenkins indicated that the Hao's geologist, Mr. Dale Hinkel, had indicated in correspondence dated July 6, 2001 that they have underpinned the entire rear of the house so that there is no concern for the structure or the applicants. In response to Councilmember Heinsheimer, Lata Thakar, District Engineer, reiterated that the residential structure is not in any distress at present according the applicant's geologist. She further explained the approval of the installation of the caissons. Ms. Thakar further explained the temporary remedial measures that have been proposed by Mr. Hao's representatives. City Manager Nealis explained that the remedial repair measures included the canyon area as well as the slope area at the rear of the Hao property. Discussion ensued regarding the proposed drainage measures. In response to Councilmember Hill, District Engineer Thakar explained the temporary remedial repair proposal that has been presented to the County for review. Mr. Gary Wynn, the Hao's engineering representative, stated that they want to close the fissures on the property. Mr. Wynn explained the extent of the continued land movement of the Hao property and the adjacent vacant property. He explained the caissons that were installed to stabilize the house. He indicated that the current stability of the house is about a 1.25 factor of safety. He explained the proposed complete remedial repair plan as well as the temporary winterization project. He said they noticed that the land movement has extended onto the Calhoun property stated that the County geologist indicated that the entire landslide should be repaired. Mr. Wynn further explained the negotiations with Mr. Calhoun who indicated that he did not want to contribute financially to repair the land movement on. his unimproved property. He said that the applicant is looking for assistance in streamlining the approval process. He explained the additional information that was required by the County which includes getting permits from the Army Corps of Engineers, Fish and Wildlife for streambed alterations permits and Fish and Game for biological mitigation type issues. He said these Minutes City Council Meeting 09/11/00 -3- types of permits and information cannot be done in just a couple of weeks. He explained that a meeting will be conducted on Thursday with the City and County to see what can be done. Mrs. Lydia Hao, expressed concern about the process and the upcoming winter. In response to Councilmember Pernell, Mrs. Hao indicated that they would like assistance in having Mr. Calhoun cooperate with their plan. Mr. Hao indicated that he is concerned that he is being asked to fix his neighbor's property. City Attorney Jenkins indicated that he has been at several meetings where the County has stated that if they can provide a plan either for a temporary winterization or a permanent fix that involves only 5 Sagebrush Lane and no other property, that the County will look at it, review and evaluate that plan and provide an answer as to whether the plan submitted is feasible, safe and prudent. He indicated that the Haos have not been told that they have to fix anybody else's property. He said that the Haos have been told that if they can come up with a plan that is restricted to the boundaries of their property that they feel is workable that the County will review it. He further explained that the County has reviewed their submittals and have determined that they are inadequate. He indicated that it is his understanding that they are present this evening because they do not want to have to comply with all of the requirements that the County has asked of them. He stated that Fish and Game has indicated that they will cooperate and the City has agreed to facilitate communication with other governmental agencies as may be necessary. He stated feels that the applicant is not producing the reports and information that the County wants. He further explained the amount of grading involved and that the County expects a certain baseline of information and certain types of reports before they will approve a project. He said that the County has told them that they have more work to do and they do not want to do it. Councilmembers discussed the matter. District Engineer Thakar indicated that the County is willing to expedite the review process, however there are certain basic things that the County does require. Mr. Gary Wynn, commented on the requirements on the review sheet and stated that he spoke with the County Principal Engineer Mark Pestrella regarding the requirements. He said that Mr. Pestrella agreed that the list of items on the review sheet could not be done before November, 2001. He commented on the requirements of Fish and Game. Mayor Murdock commented on the meeting with City and County representatives scheduled for Thursday. She indicated that she feels that the meeting will assist in the Haos situation. Mr. Wynn indicated that a revised plan will be presented at the meeting to close the fissures on the Hao's property for the winter. In response to Councilmember Heinsheimer, Mr. Wynn indicated that this plan will minimize the erosion and assist drainage on the Hao property. Mr. Wynn commented on the permanent repair plan. City Manager Nealis reported that the County has indicated that Fish and Game approval could be obtained within 5 days and other County representatives have agreed to expedite any application submitted by Mr. Hao's representatives. In response to Councilmember Heinsheimer, Mr. Wynn explained that they have been told by the County that the permanent repair would require an application from both properties because of the landslide's involvement on both the Hao and Calhoun property. Mr. Wynn explained that the Mr. Hao is negotiating with Mr. Calhoun to resolve the matter which may include acquiring the property. Following the discussion, the City Council directed staff to continue to keep the City Council apprised of the situation. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Hill commended the City Manager for his efforts in identifying solid waste that was erroneously reported as being from the City of Rolling Hills. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY None. Minutes City Council Meeting 09/11/00 -4- 1 1 1 ADTOURNMENT Hearing no further business before the City Council, Mayor Murdock adjourned the meeting at 8:20 p.m. to the next regularly scheduled meeting of the City Council to be held on Monday, September 24, 2001 in the City Council Chambers, at>City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Marilyn L. Kern Deputy City Clerk Approved, — 4�4& . Jody NYurd(gk Mayor Minutes City Council Meeting 09/11/00 -5-