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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 Minutes City Council Meeting 05/09/05 -1- 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 Minutes City Council Meeting 05/09/05 -2- 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 Minutes City Council Meeting 05/09/05 -3- 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. Minutes City Council Meeting 05/09/05 -4- 1 1 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 -5-