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3/14/2005MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF .ROLLING HILLS, CALIFORNIA MARCH 14, 2005 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Heinsheimer at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Hill, Mayor Pro Tem Pernell and Mayor Heinsheimer. Councilmembers Absent: Lay (excused). Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Nan Huang, Finance Director. Marilyn Kern, Deputy City Clerk. Captain Jay Zuanich, LASD, Lomita Station. Sgt. Dave Rosas, LASD, Lomita Station. Captain Hansen, LAFD, Station 56. Battalion Chief August, LAFD, Station 106. Roy Itani, LA County Building & Safety. Ed Acosta, LA County Building & Safety. Sara Curran, LA County Building & Safety. Mike Martinet, Area G. Mike Reader, Geologist. SPECIAL ITEMS RESOLUTION NO. 973: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION ON MARCH 8, 2005, DECLARING THE RESULT AND -SUCH OTHER MATTERS AS PROVIDED BY LAW. Mayor Pro Tem Pernell moved that the City Council adopt Resolution No. 973. Councilmember Hill seconded the motion, which carried unanimously by those Councilmembers in attendance. INSTALLATION AND OATH OF OFFICE OF NEWLY ELECTED OFFICIALS City Manager Nealis administered the Oath of Office to elected Councilmembers Thomas Heinsheimer and Godfrey Pernell. COMMENTS FROM CITY COUNCILMEMBERS. Mayor Heinsheimer and Mayor Pro Tem Pernell provided brief comments and thanked those in attendance for their support. Mayor Heinsheimer called for a recess at 7:32 p.m. for a reception. The meeting reconvened at 7:40 p.m. 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 February 28, 2005. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. FY 2005-2006 City of Rolling Hills Budget Preparation Memorandum. RECOMMENDATION: Receive and file. d. Approval of establishment of an Underground Utility Ad Hoc Subcommittee for Minutes City Council Meeting 03/14/05 -1- 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. Councilmembers 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 term 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 propose 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. Councilmembers 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- 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 before they 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 -3- PUBLIC HEARINGS- Continued CONSIDERATION OF AN APPEAL OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2004-1-CTV SETTING FORTH FINDINGS RELATING TO THE REMOVAL AND TRIMMING OF TREES AT 61 EASTFIELD DRIVE RELATING TO A VIEW IMPAIRMENT FROM 65 EASTFIELD DRIVE. LOCATION: 61 EASTFIELD DRIVE PROPERTY OWNER: MR. JOE JUGE, JR. COMPLAINANT: DR. & MRS. RANDOLPH T. TYNDALL APPELLANT: DR. & MRS. RANDOLPH T. TYNDALL City Manager Nealis presented the staff report providing background regarding the appeal of the Committee on Trees and Views Resolution submitted by Dr. and Mrs. Tyndall. He indicated that the City Council conducted a field trip at the properties on February 14, 2005. City Manager Nealis reported that one of the subject trees fell during a recent rainstorm. Mayor Heinsheimer opened the public hearing. Mr. Joe Juge, 61 Eastfield Drive, stated that his position has not changed and remains as outlined in the letter he submitted to the City Council on November 19, 2004. He commented on comments made in Mr. Stan Lamport's letter dated November 22, 2004 and indicated that he disagrees with certain paragraphs in this letter. Mr. Juge stated that the Committee on Trees and View's resolution of the matter was basically the offer that he had made and that he stated that he would agree to. Mr. Stan Lamport, representing Dr. and Mrs. Tyndall, stated that the Tyndalls feel that reducing the size of tree number 2 by 5 ft. and lacing it still results in an obstructed view. He stated that they are asking that this tree brought down to a level where their view will not be obstructed. He commented on negotiations with Mr. Juge to attempt to settle this matter privately. He indicated that the Tyndalls were prepared to pay to have the trees cut down and provide Mr. Juge with reasonable replacement trees that would not grow to a height that would obstruct their view in the future. He indicated that the negotiations broke down when Mr. Juge could not provide the Tyndalls with suggestions about trees that he feels would be a reasonable replacement. Discussion ensued regarding Mr. Juge's comments and the comments made by Mr. Lamport on behalf of the Tyndalls. Mr. Juge stated that he does not understand how the Tyndalls offer of replacement trees would benefit their view or maintain the privacy of his property. He indicated that he enjoys trees and that they represent a value to him. Further discussion ensued regarding the Tyndalls offer to pay to have the trees removed and replace them with lower growing trees and the findings made by the Committee on Trees and Views. Mr. Juge indicated that he does not agree with the Committee's findings. Councilmember Hill indicated that he hoped the parties could have reached a mutually beneficial private agreement. In response to Councilmember Hill, Mr. Juge indicated that he does not feel that the Tyndalls' offer had any substance. Mr. Lamport further explained the offer that had been made by the Tyndalls to Mr. Juge regarding a private solution and indicated that a list of trees for possible replacement was provided to Mr. Juge. Mayor Pro Tem Pernell also urged the parties to come to a private settlement. In response to Mayor Heinsheimer, City Attorney Jenkins indicated that the City Council could direct staff to prepare a resolution related to this case this evening but however, if the parties come to a mutual private agreement in the meantime that the appeal could be withdrawn and no final action by the City Council would be necessary. In response to Councilmember Black, Mr. Juge, explained that Dr. Tyndall had initially approached him about trees along the driveway. Mr. Juge also explained that the trees in question had been planted by a previous owner and indicated that several trees had been removed since he owned the property. He further explained that the trees provide privacy for his property. Mr. Juge further commented on the Committee on Trees and Views solution to the matter and indicated that he did not fully agree with it but that he felt that it would be workable. In response to Councilmember Black, Mr. Lamport indicated that the Tyndalls have been discussing the issue of the trees since approximately 1982. He indicated that the Tyndalls have offered to replace the trees on Mr. Juge's property that would provide privacy and shade but would not grow into the view. Minutes City Council Meeting 03/14/05 -4- Dr. Randolph Tyndall, 65 Eastfield Drive, .indicated that the trees cannot be seen from Mr. Juge's property and they are not in his daily view. Dr. Tyndall also commented on the discussions that took place during the Committee on Trees and Views review of this case. In response to Councilmember Hill, Dr. Tyndall explained that the trees were not on the Juge property when he and Mrs. Tyndall purchased their property 45 years ago. Dr. Tyndall explained the rapid growth of the trees since they were planted. Hearing no further testimony, Mayor Heinsheimer closed the public hearing. Mayor Heinsheimer referred the City Council to the Committee on Trees and View's recommended restorative action in Section 6 of Resolution No. 2004-1-CTV. Councilmember Black commented on the restorative action outlined by the Committee and indicated that he feels that the view is significantly impaired even with this action and moved that the City Council direct staff to prepare a resolution outlining a restorative action that would provide for the removal of all of the trees in question. The motion died for a lack of a second. Mayor Pro Tem Pernell indicated that he feels that the Tyndalls have a significant view even before the restorative action outlined by the Committee. He indicated that following the recommendations of the Committee would improve their current view and moved that the City Council uphold the decision of the Committee. Mayor Heinshiemer seconded the motion. Discussion ensued regarding the motion and Mayor Heinsheimer suggested that the motion be amended to include a reduction in the height of tree number two further than the 5 feet in overall height as recommended by the Committee to 10 feet in overall height. Councilmembers discussed the height that tree number two would need to be to have it out of the view site of Dr. and Mrs. Tyndall. In response to Councilmember Black, Mayor Heinsheimer explained that it has been suggested that the other recommendations of the Committee on Trees and Views stand however that it has been suggested that tree number two be reduced and maintained in height below the site line from the Tyndalls property. Councilmember Black indicated that he does not agree with the recommendations of the Committee. Councilmember Hill indicated that he could support the amended motion with the understanding that all parties understand that no trees can grow back into the view. He stated that he feels that the view should be fully restored to the point when the Tyndalls purchased their home. Discussion ensued regarding the amended motion and the recommended trimming of all of the trees to below the line of site from the Tyndall's property. In response to Mayor Heinsheimer, Mayor Pro Tem Pernell indicated that he would amend the motion to uphold the recommendation of the Committee to also include that tree number two would be reduced in height below the site line. By a show of hands, the motion did not carry by a majority vote. Councilmember Hill moved that the City Council modify the decision of the Rolling Hills Committee on Trees and Views, Resolution No. 2004-1-CTV, to require that all four remaining trees under consideration shall be reduced in overall height and maintained below the line of sight from the perspective established in Resolution No. 2004-1-CTV. Councilmember Black seconded the motion, which carried by the following vote: AYES: Councilmembers Black, Hill and Mayor Heinsheimer. NOTES: Mayor Pro Tem Pernell. ABSENT: Councilmember Lay. ABSTAIN: None. Staff was directed to present a resolution on this motion of the City Council at the April 11, 2005 City Council meeting for consideration. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF APPOINTMENT TO THE ROLLING HILLS WILDLIFE PRESERVATION COMMITTEE. City Manager Nealis presented the staff report outlining the vacancy on the Wildlife Preservation and the letters of interest submitted by two residents. Councilmember Black Minutes City Council Meeting 03/14/05 -5- suggested that both interested residents be appointed. After discussion, staff was directed to prepare appropriate documents to amend the membership of the Rolling Hills Wildlife Preservation Committee to accommodate both residents as alternate members on the Committee. OPEN AGENDA - APPROXIMATELY - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL 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. 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. ADIOURNMENT Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting at 10:05 p.m. to then next regular meeting of the City Council scheduled to be held on Monday, March 28, 2005, beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Mayor Minutes City Council Meeting 03/14/05 Respectfully submitted, 1A lyn Kern CI u