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5/23/20051 I - MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MAY 23, 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 7:32 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Heinsheimer, Hill, and Mayor Pernell. Councilmembers Absent: Mayor Pro Tem Lay (excused). 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. Michael Reader, Group Delta. Ross Bolton, Bolton Engineering. 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 May 9, 2005. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of April, 2005. RECOMMENDATION: Approve as presented. d. Correspondence from Southern California Edison Company regarding Notice of Filing of Application for Increase in Electric Revenues, 2005 Annual Earnings Assessment (AEAP), Application 05-05-005 filed with the California Public Utilities Commission. RECOMMENDATION: Receive and file. Councilmember Heinsheimer moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Hill seconded the motion, which carried unanimously by those Councilmembers in attendance. PLANNING COMMISSION ITEMS RESOLUTION NO. 2005-14: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AND A SITE PLAN REVIEW FOR CONSTRUCTION OF A STABLE ON A PROPERTY THAT REQUIRES PLANNING COMMISSION REVIEW, DUE TO EXISTING STRUCTURAL DEVELOPMENT RESTRICTION APPROVED IN SEPTEMBER 2002 AND WHERE A SINGLE FAMILY RESIDENCE IS UNDER CONSTRUCTION IN ZONING CASE NO. 694 AT 20 EASTFIELD DRIVE, (LOT 83 -EF), (DYER). City Manager Nealis presented the staff report outlining the applicants' request and providing background regardng the property and Planning Commission action relative to Zoning Case No. 694. Hearing no discussion or objection, Mayor Pernell ordered that Resolution No. 2005-14 be received and filed. RESOLUTION NO. 2005-15: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING TO CREATE A PLAY AREA AND GRANTING A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 702 AT 15 WIDELOOP ROAD, (LOT 4 -A -EF), (ZANE). Minutes City Council Meeting 05/23/05 -1- City Manager Nealis presented the staff report outlining the applicants' request and providing background regardng the property and Planning Commission action relative to Zoning Case No. 702. Hearing no discussion or objection, Mayor Pernell ordered that Resolution No. 2005-15 be received and filed. 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. City Manager Nealis presented the staff report providing background regarding the view impairment complaint filed by Dr. and Mrs. Tyndall, 65 Eastfield Drive, regarding trees located on property owned by Mr. Juge, 61 Eastfield Drive. He indicted that the parties had not reached a private settlement. Hearing no discussion, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 975. Councilmember Black seconded the motion. In response to Mr. Stan Lamport, representing the Tyndalls, City Attorney Jenkins indicated that the City would agree to accept the cash deposit at City Hall to satisfy the cash deposit requirements described in Section 7 of the Resolution. The motion carried unanimously by those Councilmembers in attendance. RESOLUTION NO. 977: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF ROLLING HILLS AND THE CITY OF TORRANCE, CALIFORNIA, AUTHORIZING AN EXCHANGE OF PROPOSITION "A" TRANSPORTATION LOCAL RETURN FUNDS. City Manager Nealis presented the staff report providing background regarding the exchange of City of Rolling Hills' Proposition "A" Transportation Funds with the City of Torrance. He indicated that Resolution 977 memorializes the action taken by the City Council at the May 9, 2005 City Council meeting. Hearing no discussion, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 977. Councilmember Black seconded the motion, which carried unanimously by those Councilmembers in attendance. NEW BUSINESS RESOLUTION NO. 978: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, APPROVING A REVISED REIMBURSABLE CONTRACT BETWEEN THE CITY AND THE COUNTY OF LOS ANGELES FOR THE IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. City Manager Nealis presented the staff report providing background regarding the Community Development Block Grant Program. He indicated that Resolution No. 978 will enable the City to receive its' FY 2005-06 allocation. Hearing no discussion, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 978. Councilmember Hill seconded the motion, which carried unanimously by those Councilmembers in attendance. RESOLUTION NO. 979: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING INVESTMENT OF ROLLING HILLS MONIES IN TREASURY DIRECT, DEPARTMENT OF TREASURY, UNITED STATES. (UPDATE OF RECORDS) Minutes City Council Meeting 05/23/05 -2- City Manager Nealis presented the staff report providing background regarding a request from Treasury Direct, a service of the United States Treasury, that the City update the required written authorization in order to continue to process security transactions. Hearing no objection, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 979. Councilmember Hill seconded the motion, which carried unanimously by those Councilmembers in attendance. CONSIDERATION OF RESOLUTIONS RELATIVE TO JOINING THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY WORKERS' COMPENSATION PROGRAM. RESOLUTION NO. 980: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, TO AUTHORIZE AND APPROVE SELF-INSURANCE OF WORKERS' COMPENSATION FOR ITS EMPLOYEES THROUGH THE SELF- INSURANCE AND LOSS POOLING PROGRAM OF THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY. RESOLUTION NO. 981: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, PROVIDING WORKERS' COMPENSATION COVERAGE FOR CERTAIN CITY VOLUNTEERS PURSUANT TO THE PROVISIONS OF SECTION 3363.5 OF THE LABOR CODE. RESOLUTION NO. 982: A RESOLUTION AUTHORIZING APPLICATION TO THE DIRECTOR OF INDUSTRIAL RELATIONS, STATE OF CALIFORNIA FOR A CERTIFICATE OF CONSENT TO SELF INSURE WORKERS' COMPENSATION LIABILITIES. City Manager Nealis presented the staff report providing background information regarding the California Joint Powers Insurance Authority Workers' Compensation Program and the cost savings to the City to join this program. Hearing no discussion, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution Nos. 980, 981 and 982. Councilmember Black seconded the motion, which carried unanimously by those Councilmembers in attendance. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Black commented on mosquito breeding in a swimming pool on a vacant property on Poppy Trail. City Manager Nealis explained that the Los Angeles County West Vector Control District had visited and inspected this site and had placed mosquito fish in the pool and other ponds on the property. He indicted that the District would visit this site weekly for inspections and treat the water. In response to Councilmember Black, City Attorney Jenkins explained that the West Vector Control District has the authority to charge repeat offenders for the use of the District's services. Mayor Pernell commented on a small fire that had erupted in his neighborhood and commended the Fire Department for their swift response. MATTERS FROM STAFF APPROVAL OF FINAL CONSTRUCTION PLANS FOR REALIGNMENT OF THE TEMPORARY PAVED ACCESS FOR POPPY TRAIL ROAD. City Manager Nealis presented background regarding the City Council's direction to have the Consulting Geologist and his engineering contractor study the idea of providing temporary realignment of the roadway in the vicinity of Poppy Trail Road. He noted that the road feasibility study/plan is being presented to the City Council this evening and that the plan has been revised slightly since it had previously been presented to the City Council in draft form and that the current plan calls for the import of soil. City Manager Nealis indicated that correspondence related to geotechnical opinions received earlier in the day from the homeowners of Poppy Trail had been placed before the City Council. City Manager Nealis introduced the Consulting Geologist Mike Reader and his engineering contractor Ross Bolton of Bolton Engineering. Minutes City Council Meeting 05/23/05 -3- Mr. Mike Reader, Consulting Geologist, explained the road feasibility study/plan to those in attendance. He indicated that the entire roadway plan has been designed on City _property and has been created from a civil engineering and geologic standpoint. Mr. Reader indicated that the plan has been created to pose the absolute minimum affect on the adjoining properties. He explained the fill areas on the plan. He further explained the debris wall constructed with railroad ties and steel I -beams that have been recommended. He stated that the debris wall, which is approximately 250 feet long, does not stabilize the slide but acts to protect the road from falling debris. In response to Councilmember Black, Mr. Reader explained that if there were no property lines involved that he could ultimately design a repair plan for the entire slide. In response to Mayor Pernell, Mr. Reader indicated that he had completed all of the geologic investigation on 1 Poppy Trail before the property owner rescinded the access agreement. In response to Councilmember Black, Mr. Reader explained that it is important to control the water that may run into the landslide area. City Attorney Jenkins stated that it is his understanding that the water had been turned off to the property at 1 Poppy Trail. Councilmember Black indicated that he had noticed damp and soggy soil on the property. Mr. Reader stated that drainage on the property would ultimately need to be addressed. Mr. Ross Bolton, Bolton Engineering, explained the temporary road plan design and planned drainage devices. City Attorney Jenkins commented on the uniqueness of the City. He indicated that the City was established as a private community with private roadways and that the City does not construct or maintain any private roadways. He indicated that the Rolling Hills Community Association and private property owners in the City maintain all of the roadways. He explained that California laws are clear in that it is not lawful to gate public streets and Ahat public streets must be made accessible to everyone and as a consequence of these laws, the City Council has been careful to maintain the integrity of the privacy of the City and gate system by being clear that the City and public do not have an ownership interest in the roadways. He commented on the separate identity of the City and the Rolling Hills Community Association and the differences between the two entities and indicted that this separateness is oftentimes confusing as to which entity is responsible for what. He commented on the importance to the community to maintain its privacy and the gate system by assuring that the City does not own any roads. He indicated that the City does not own or maintain any roadways in the City. City Attorney Jenkins indicated that this situation has become more complicated because part of the landslide is on City property and a significant part is on private property. He explained that the City had engaged experts to assist in evaluating the slide and prepare plans in the interest of helping the community regain reasonable access. He stated that the plan is not being presented to the City Council as part of a road project with the intention that the Council can authorize construction of a road, but rather it is being presented to the community in the interest of trying to be as helpful and in an expeditious manner possible to have something on the table to discuss with the hope that there will be other solutions in terms of providing access. In response to Councilmember Black, City Attorney Jenkins explained that the City could declare an emergency and enter property if necessary to abate an immediate peril to life or property. He explained the legal process for this type of action. Mr. Bob Jonas, 3 Poppy Trail, commented on the condemnation process and the reasonable value of the other property that is involved in the landslide. Mr. -Jonas commented on the drainage system for the guesthouse at 1 Poppy Trail. Mr,, .Bolton, Bolton Engineering further explained the planned drainage system outlined on the roadfeasibility study/plan. In response to Dr. Ron Sommer, 2 Poppy Trail, Mr. Reader explained, that some water had been observed during his geologic investigation in the slide zone. In response to Dr. Sommer, Mayor Pernell indicated that it is not within the City's purview to construct the road and that as mentioned by the City Attorney, that the City cannot build roads. Mr. Zaffar Hassanally, 6 Poppy Trail, commented on the letter submitted earlier in the day from Poppy Trail residents requesting that the City obtain a second opinion to reopen Poppy Trail which they feel would provide more of a long-term solution. He explained a meeting that he had had with another geotechnical engineer. Mayor Pernell indicated that further geologic investigations would be difficult now because the owner of 1 Poppy Trail has rescinded his access agreement with the City. Mr. Reader indicated that he had discussed this situation with the geotechnical engineer suggested by Mr. Hassanally and explained all of the factors involved with this situation. Mr. Hassanally indicated that he feels that the plan recommended by the geotechnical engineer he suggested provides a safer access. Minutes City Council Meeting 05/23/05 -4- 1 LJ 11 Councilmember Heinsheimer indicated that the plan presented this evening was a feasibility plan created to determine if it was feasible to provide an alternative access for Poppy Trail residents under all weather conditions and also indicated that it is an engineering study based upon all the data collected. In response to Dr. Sommer, City Attorney Jenkins explained that it was not feasible to eliminate the riding trail or plan a temporary access in the location that is now being used by the residents because of potential environmental concerns and objections in the area. In response to Mrs. Teresa Hassanally, 6 Poppy Trail, Mr. Bolton explained that the temporary access road is planned on City property only. He also explained the drainage work that has been planned for 1 and 4 Poppy Trail. Mr. Reader indicated that control of drainage is a major element in a landslide project. In response to Dr. Sommer, Mr. Bolton explained the location and material of the proposed debris wall. There being no further discussion, the City Council received and filed the road feasibility study/plan and thanked those in attendance for their comments. MATTERS FROM THE CITY ATTORNEY CONSIDERATION OF FIFTEENTH AMENDMENT TO THE CITY MANAGER'S EMPLOYMENT AGREEMENT AS RECOMMENDED BY THE CITY COUNCIL PERSONNEL SUBCOMMITTEE. City Attorney Jenkins presented the staff report outlining the recommendation of the Personnel Subcommittee relative to the City Manager's employment agreement. Councilmember Hill reported that the Personnel Subcommittee felt that the City Manager has done more that a superior job and indicated that the Subcommittee felt that a 5.5% increase was reasonable. Councilmember Hill moved that the City Council approve the City Manager's Employment Agreement as recommended by the City Council Personnel Subcommittee. Councilmember Heinsheimer seconded the motion. Mayor Pernell stated that the City Manager has done an outstanding job for the community and called for a roll call vote. AYES: Couricilmembers Black, Heinsheimer, Hill and Mayor Pernell. NOES: None. ABSENT: Mayor Pro Tem Lay. ABSTAIN: None. 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 regarding this matter. Anticipated litigation, one case G.C. 54956.9(b) No closed session was held regarding this matter. ADIOURNMENT Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 8:30 p.m. in memory of William MacCabe and Betty Hesse. The meeting was adjourned to the next regular meeting of the City Council scheduled to be held on Monday, June 13, 2005, beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, AppZ4(oe Godfrey er/ell Mayor Minutes City Council Meeting 05/23/05 Marilyn Kern Deputy City Clerk -5-