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4/25/2005MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA APRIL 25, 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: Black, Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. Councilmembers Absent: None. Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. Lt. Greg Ahn, LASD, Lomita Station. 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 - Regular Meeting of April 11, 2005. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of March, 2005. RECOMMENDATION: Approve as presented. d. BFI Recycling Tonnage Report for March, 2005. RECOMMENDATION: Receive and file. Councilmember Heinsheimer 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 Check No. 17488 to Appraisers LLC was for an appraisal of County owned land on Crest Road as previously approved by the City Council. The motion carried unanimously. SPECIAL PRESENTATION UPDATE REGARDING MEASURE "P" (PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT PARCEL TAX APPROVED IN 2003) PRESENTED BY MR. KEN DYDA Mr. Ken Dyda, representing the Measure "P" Parcel Tax Oversight Committee, presented an overview of how the parcel tax funds have been spent by the PVP Unified School District over the last year. He explained the goal of Measure "P" and that funds have purchased new textbooks, established a reading intervention program and helped maintain small class sizes. Mayor Pernell thanked Mr. Dyda for his presentation and indicated that Mr. Dyda has been a consistent positive contributor and influence to the citizens of the Palos Verdes Peninsula. PLANNING COMMISSION ITEMS RESOLUTION NO. 2005-12. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE TO REPLACE AN EXISTING RESIDENCE; CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE AND A VARIANCE TO CONSTRUCT THE GUEST HOUSE IN THE FRONT YARD IN ZONING CASE NO. 701 AT 44 PORTUGUESE BEND ROAD (LOT 124-RH), MILLS. Minutes City Council Meeting 04/25/05 -1- City Manager Nealis presented the staff report outlining the applicants' request and Planning Commission action relating to Zoning Case No. 701. Hearing no discussion, Mayor Pernell called for a motion. Councilmember Hill moved that the City Council receive and file Resolution No. 2005-12. Councilmember Heinsheimer seconded the motion, which carried unanimously. In response to Councilmember Black, City Manager Nealis explained that the Commission is currently reviewing the subject of including covered porches in building pad coverage and that they are receiving input from the RHCA Architectural Committee on this subject. He stated that during review of this subject that staff has and will continue to include the pad coverage calculations with and without covered porches. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS RESOLUTION NO. 975: A RESOLUTION OF THE ROLLING HILLS CITY COUNCIL DECLARING A VIEW IMPAIRMENT CAUSED BY SPECIFIC TREES LOCATED AT 61 EASTFIELD DRIVE ON PROPERTY OWNED BY MR. JOE JUGS, JR. AND SETTING FORTH RESTORATIVE ACTION TO ABATE THE IMPAIRMENT. City Manager Nealis presented the staff report and indicated that the legal counsel for the Tyndalls is in attendance to address the City Council. Mr. James Repking, representing the Tyndalls, explained that the parties have reached a tentative settlement and would like the time to memorialize it. Hearing no objections, Mayor Pernell continued this item to the next meeting of the City Council scheduled to be held on May 9, 2005. 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. Mr. Michael Fore, Mulligan Landscape Services, explained that a mistake in judgment had been made by the company when previously bidding to provide these services and the company was not making a profit at the current rate. He explained that they are now proposing a 3 -year contract with 2 years at $700 per month and $728 per month in the year 3. Mayor Pro Tem Lay moved that the City Council authorize staff to enter into an agreement with Mulligan Landscape Services for services as proposed. Councilmember Heinsheimer seconded the motion. Councilmember Heinsheimer commented on his experience when bids are submitted that are well below or above the general range of bids received. He indicated that Mulligan has made an adjustment that keeps them on the low end of the competitive range and that going out to bid for this service would probably increase the costs. Councilmember Black commented that he feels that the City is continuing to save money with this contract. Mayor Pernell called for a roll call vote: AYES: Councilmembers Black, Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. NOES; None. ABSENT: None. ABSTAIN: None. Minutes City Council Meeting 04/25/05 -2- 1 1 1 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 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 indicated that 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- 1 1 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 for a 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 Heinsheimer 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 -5- ADJOURNMENT Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 9:25 p.m. to the regular meeting of the City Council scheduled to be held on Monday, May 9, 2005, beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, arilyn Kei Deputy City Clerk 1 1 Minutes City Council Meeting 04/25/05 -6-