5/9/2005MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MAY 9, 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.
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 25, 2005.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Exchange of City of Rolling Hills Proposition A funds for general funds with the
City of Torrance.
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.
Mayor Pernell announced that he would like for the City Council to consider Item No. 8-A
regarding the request to pledge Resources Bond Act Per Capita Allocation funds to the City of
Rancho Palos Verdes. Hearing no objection, he so ordered.
NEW BUSINESS
CONSIDERATION OF REQUEST TO PLEDGE RESOURCES BOND ACT PER CAPITA
ALLOCATION FUNDS TO THE CITY OF RANCHO PALOS VERDES FOR LAND
ACQUISITION FOR THE CITY OF RANCHO PALOS VERDES AND THE PALOS
VERDES PENINSULA LAND CONSERVANCY PORTUGUESE BEND NATURE
PRESERVE PROJECT.
Rancho Palos Verdes Mayor Larry Clark thanked the City Council for their continued support
of the City of Rancho Palos Verdes and the Palos Verdes Land Conservancy in their efforts to
preserve open space on the peninsula:
Dr. James Scharffenberger, Capitol Campaign Chair, Palos Verdes Land Conservancy,
explained the Conservancy's efforts to raise funds for their purchase of open space property.
He indicated that donors would receive permanent recognition for their donations.
Mayor Clark explained the efforts of the City of Rancho Palos Verdes and the Land
Conservancy to purchase 1,500 acres of open space. He indicated that the cost for this
property is approximately $6 million. He explained their involvement and future meetings
with the State who will be considering assisting them in this purchase with parkland bond
money. He indicated that this purchase will affect the quality of life on the Peninsula and will
benefit future generations.
In response to Mayor Pernell, Mayor Clark explained their agreement with a developer to
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purchase this land. Mayor Clark commented that their main challenge involves coordination
with multiple agencies.
Councilmembers discussed the process to pledge the funds. Hearing no further discussion,
Mayor Pernell called for a motion.
Councilmember Heinsheimer moved that the City Council pledge the City of Rolling Hills
Resources Bond Act Per Capital Allocation Funds to the City of Rancho Palos Verdes for land
acquisition for the City of Rancho Palos Verdes and the Palos Verdes Peninsula Land
Conservancy Portuguese Bend Nature Preserve Project. Mayor Pro Tem Lay seconded the
motion, which carried unanimously.
Mayor Clark thanked the City Council for their support.
PLANNING COMMISSION ITEMS
None.
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 JUGE, JR. AND SETTING
FORTH RESTORATIVE ACTION TO ABATE THE IMPAIRMENT.
(RECOMMENDED FOR CONTINUANCE)
City Manager Nealis presented the complainants request for a continuance. Discussion ensued
regarding scheduling and Councilmember absences at upcoming meetings. City Attorney
Mike Jenkins indicated that in the event the parties resolve this matter privately, no action by
the City Council would be required. He stated that if for some reason the private negotiations
failed, consideration of the resolution could be scheduled on a future agenda when the entire
Council would be present.
There being no objection, Mayor Pernell continued this item at the request of legal counsel
representing Dr. and Mrs. Tyndall to the next regular meeting of the City Council scheduled to
be held on Monday, May 23, 2005.
CONSIDERATION OF REPORT REGARDING RECRUITMENT TO FILL AN
UNEXPIRED TERM ON THE PLANNING COMMISSION.
City Manager Nealis presented the staff report providing background regarding the vacancy
on the Commission, advertisement of the vacancy pursuant to State law and information
regarding the residents who submitted letters of interest. He indicated that the City Council
traditionally directs the City Council Personnel Subcommittee to conduct interviews and make
a recommendation to the City Council. City Manager Nealis reported that Planning
Commissioner Arvel Witte suggested that the candidates be provided copies of the General
Plan and Site Plan Review Check List to prepare for their interviews.
There being no objection, this item was referred to the City Council Personnel Subcommittee
to conduct interviews and make a recommendation to the City Council.
NEW BUSINESS
CONSIDERATION OF ADOPTION OF A MEDIATION SERVICES AGREEMENT.
City Manager Nealis presented the staff report indicating that a View Impairment Complaint
had recently been submitted to the City and that mediation services are the first step in the
process.
Councilmember Heinsheimer moved that the City Council adopt the Mediation Services
Agreement. Mayor Pro Tem Lay seconded the motion. In response to Councilmember
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Black, City Manager Nealis explained that he had spoken to the contractor and had indicated
that the agreement is for mediation services only and that City staff would assist him in
scheduling, letter writing and other administrative work. In response to Mayor Pro Tem Lay,
City Manager Nealis explained that one of the property owners named in the complaint had
indicated that the complainant had not adequately contacted him prior to the filing of the
complaint and therefore this portion of the complaint has been stayed. After discussion, the
motion carried unanimously.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
CONSIDERATION OF RECOMMENDATION FROM THE CITY COUNCIL SOLID
WASTE/RECYCLING SUBCOMMITTEE RELATIVE TO AN EXTENSION TO THE
AGREEMENT WITH BFI WASTE SYSTEMS OF NORTH AMERICA FOR SOLID WASTE,
RECYCLING AND GREEN WASTE COLLECTION SERVICES.
Mayor Pro Tem Lay presented information regarding the proposal from BFI. He indicated
that after negotiations, BFI has proposed a 5 -year contract extension with a 5% rate increase
effective July 1, 2005, annual rate adjustments beginning July 1, 2006 linked to the CPI plus
1.25%, with future annual rate increases limited to a maximum of 4.5%. He reported that BFI
has agreed to not amend the current language relating to rate adjustments on the basis of
extraordinary changes in cost of operations.
Mayor Pro Tem Lay also reported that no other changes to levels of service are proposed and
BFI will continue with the twice weekly unlimited backyard collection of refuse, green waste
and recyclables and to provide consultant services to prepare the City's Annual Solid Waste
Generation/ Diversion Reports for the California Integrated Waste Management Board. He
indicated that it is also proposed that. in an effort to offset the rate increase effective July 1,
2005, that staff be directed to adjust the administrative allocation to offset this increase. He
indicated that it is the Subcommittee's recommendation that the City Council approve this
contract extension with BFI.
Councilmember Hill moved that the City Council approve the 5 -year extension and
amendments to the agreement with BFI and thanked Mayor Pro Tem Lay for his efforts.
Councilmember Black seconded the motion. In response to Councilmember Black, City
Attorney Jenkins explained the extraordinary circumstances under which BFI could petition
for an additional 10% increase each year. Mayor Pro Tem Lay stated that any increase under
this clause would be reviewed by the City Council and that BFI would have to provide data to
support their request.
Hearing no further discussion, 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.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
' MATTERS FROM STAFF
UPDATE ON POPPY TRAIL.
• TEMPORARY ROADWAY DESIGN
• APPOINTMENT OF AD HOC CITY COUNCIL SUBCOMMITTEE
City Manager Nealis provided an update on the temporary paved roadway design that was
presented to the RHCA Board of Directors on May 5, 2005. He indicated that the plan now
shows a balanced cut and fill. City Manager Nealis explained that the RHCA Board of
Directors expressed support for the plan and indicated they would construct the road. He
indicated that the Consulting Geologist and Engineering Subcontractor are moving forward
with this plan and that the final plan is expected to be presented to the City Council at the May
23, 2005 meeting and forwarded to the RHCA for construction on May 24, 2005. He indicated
that the Community Association has selected two members of the Board to serve as an Ad
Hoc Subcommittee and had suggested that two members of the City Council be appointed to
discuss cost sharing and other matters related to Poppy Trail.
In response to Councilmember Black, City Manager Nealis explained the grading for the
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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 from 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.
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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.
Mayor
Minutes
City Council Meeting
05/09/05
Respectfully submitted,
Marilyn Keri
Deputy City Clerk
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