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3/28/2005MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MARCH 28, 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, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. Councilmembers Absent: None. Others Present: Craig Nealis, City Manager. Yolanta Schwartz, Planning Director. Nan Huang, Finance Director. Marilyn Kern, Deputy City Clerk. Mike Reader, Consulting Geologist. 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 -Meeting of March 14, 2005. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. c. Financial Statement for the month of February, 2005. RECOMMENDATION: Approve as presented. d. Consideration of correspondence from BFI regarding dates for the Annual Spring Cleanup. RECOMMENDATION: Approve as presented. e. BFI Recycling Tonnage Report for February, 2005. RECOMMENDATION: Receive and file. f. Approval of attendance at the California Contract Cities Association 46t' Annual Municipal Seminar scheduled for May 19-22,2005. RECOMMENDATION: Approve as presented. g. Letter of resignation from Planning Commissioner John Margeta. RECOMMENDATION: Receive and file. h. Correspondence from Cox Communications regarding rate adjustments. RECOMMENDATION: Receive and file. Councilmember Hill moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Lay seconded the motion. Mr. Bertram Balch, 6 Hackamore Road requested to comment on item 3-g, regarding the letter of resignation from Planning Commissioner John Margeta. Mr. Balch suggested that the City Council hold off on accepting the letter of resignation. Councilmembers discussed Mr. Balch's request and concurred they would acknowlege Mr. Margeta's letter of resignation, however, concurred that Mr. Margeta could participate as a Commission candidate. Following discussion, the motion carried unanimously. CITY COUNCIL REORGANIZATION Mayor Heinsheimer opened nominations for Mayor and nominated Godfrey Pernell to serve as Mayor for the upcoming year. Councilmember Hill seconded the motion, which carried unanimously. Mayor Pernell opened nominations for Mayor Pro Tem and nominated B. Allen Lay to serve as Mayor Pro Tem for the upcoming year. Councilmember Hill seconded the motion, which carried unanimously. Minutes City Council Meeting 03/28/05 -1- PRESENTATION TO MAYOR TOM HEINSHEIMER RECOGNIZING OUTSTANDING SERVICE DURING 2004-2005 TERM AS MAYOR Mayor Pernell presented a plaque and watercolor painting of the Caballeros Riding Ring at Hesse's Gap to Tom Heinsheimer and thanked him for his year of service. COMMENTS FROM 2004-2005 MAYOR TOM HEINSHEIMER COMMENTS FROM 2005-2006 MAYOR Mayor Pernell commented on the uniqueness of the City and the goal to preserve its ambiance to be enjoyed by future generations. PLANNING COMMISSION ITEMS RESOLUTION NO. 2005-10. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO CONSTRUCT AN ADDITION TO A STABLE, WHICH WOULD ENCROACH INTO THE FRONT YARD AND TO EXCEED THE MAXIMUM PERMITTED STRUCTURAL AND TOTAL NET LOT COVERAGE; DENYING A VARIANCE TO RETAIN AN EXISTING HORSE SHELTER, WHICH ENCROACHES INTO THE FRONT YARD SETBACK; AND APPROVING A SITE PLAN REVIEW ON A PROPERTY THAT REQUIRES PLANNING COMMISSION REVIEW, DUE TO EXISTING STRUCTURAL DEVELOPMENT APPROVED IN NOVEMBER 2003, AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 697 AT 15 EASTFIELD DRIVE, (LOT 52 - EF), (GORDON). City Manager Nealis presented the staff report outlining the applicants' request and providing background regarding the property and the Planning Commission action relative to Zoning Case No. 697. Councilmember Heinsheimer moved that the City Council receive and file Resolution No. 2005-10. Mayor Pro Tem Lay seconded the motion. In response to Mayor Pro Tem Lay, Planning Director Schwartz indicated that the proposed addition to the stable would be an open structure and that the existing horse shelter is required to be removed prior to the issuance of building permits for the improvements. The motion carried unanimously. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS CONSIDERATION OF RESOLUTION NO. 974: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING SECTION 2, OF RESOLUTION NO. 753, WHICH PROVIDES FOR THE WILDLIFE PRESERVATION COMMITTEE MEMBERSHIP. City Manager Nealis presented the staff report and Resolution No. 974. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 974. Councilmember Hill seconded the motion, which carried unanimously. CONSIDERATION OF APPOINTMENTS OF TWO ALTERNATE MEMBERS TO THE WILDLIFE PRESERVATION COMMITTEE. City Manager Nealis presented the staff report and letters of interest submitted by residents Terry L. Rhodes and Lisa Margolis. Councilmember Heinsheimer moved that the City Council appoint Terry L. Rhodes and Lisa Margolis as Alternate Members of the Wildlife Preservation Committee. Mayor Pro Tem Lay seconded the motion, which carried unanimously. NEW BUSINESS CONSIDERATION OF CITY COUNCIL COMMITTEE ASSIGNMENTS. Minutes City Council Meeting 03/28/05 -2- 1 1 1 Mayor Pernell 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 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 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- 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 amend the scope 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 languae to reflect that the City reserves the right to increase, decrease, delete, or add to the scope oll 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 Cit 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 response to Mayor 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 Tem 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 planned during Phase 1 and the safety of those using it. Mr. Reader explained considerations that will be taken during the construction pphase and coordination of efforts between the residents and the construction company. P r. 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 informed on the 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- 1 1 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 8:40 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, April 11, 2005, beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.* - Respectfully submitted, iwayor mem-ea.., K.n,.-1 Marilyn Kern Deputy Minutes City Council Meeting 03/28/05 -5-