8/22/2005MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
AUGUST 22, 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.
Mark Hensley, City Attorney's Office.
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 July 25, 2005.
RECOMMENDATION: Approve as presented.
b. Payment of Bills — August 8, 2005 and August 22, 2005.
RECOMMENDATION: Approve as presented.
c. Financial Statement for the month of July, 2005.
RECOMMENDATION: Approve as presented.
d. Consideration of a date for the Annual Holiday Open House.
RECOMMENDATION: Approve as presented.
e. Correspondence from California Water Service Company regarding Advice
Letter No. 1720-A filed with the Public Utilities Commission relative to changes
in its tariff schedules applicable to its Palos Verdes District.
RECOMMENDATION: Receive and file.
f. Consideration of a report relative to Administrative Policy affording three
Zoning Cases the same benefit of extension of time as currently afforded other
cases.
RECOMMENDATION: Receive and file.
g. Correspondence from California Water Service Company regarding a General
Rate Case 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.
Mayor Pernell suggested that the City Council consider Item 8-A "Consideration of Poppy
Trail Road Temporary Paved Access Plan Prepared by the Rolling Hills Community
Association" first on the agenda. Hearing no objection, he so ordered.
NEW BUSINESS
CONSIDERATION -OF POPPY TRAIL ROAD TEMPORARY PAVED ACCESS PLAN
PREPARED BY THE ROLLING HILLS COMMUNITY ASSOCIATION.
City Manager Nealis presented the staff report and correspondence from the Rolling Hills
Community Association outlining the requests of the Community Association to the City
relative to the temporary paved access plan. He reported that a cost estimate sheet associated
with the project had been placed before the City Council this evening and identified the costs
the Association was requesting the City to reimburse. City Manager Nealis explained the
temporary paved access plan proposed by the Community Association and pointed out the
components on the plan including the debris wall/fence. He indicated that. the. Asscloatinn
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would like for the City to reimburse them for introduction and reading of land movement
monitoring devices and the debris wall/fence.
City Manager Nealis explained the temporary compacted dirt emergency access that the
Community Association is requesting the City to construct for use by Poppy Trail residents
and emergency vehicles during the RHCA construction of the temporary paved access and the
approval of the property, owner of 4 Poppy Trail to use a portion of his property for this
temporary compacted dirt emergency access. City Manager Nealis explained the brush
clearance being conducted by the Community Association in preparation for construction and
indicated that staff is working with the contractor to re-establish the temporary lighting. He
further explained the costs associated with the projects for which the Association is requesting
reimbursement from the City.
Mr. Ross Bolton, Bolton Engineering, explained the components of the RHCA temporary
paved access and the temporary compacted dirt emergency access. He explained the
realignment of utilities in the area. He further explained the topography in the area and
certain areas where the roadway may be steeper than the current temporary access being
used by the residents of Poppy Trail as well as the plans for a debris wall/fence. He also
explained the width variations of the temporary paved access. Discussion ensued regarding
the height of the debris wall/fence and Mr. Bolton explained the variations in the height of the
wall at certain locations along the slope.
Mr. Bolton explained the request for extended construction hours and indicated that they
would like to complete the temporary paved access before the rainy season begins. He
suggested that this could be accomplished by working 5:00 a.m. to midnight during the
grading portion of the project.
Discussion ensued regarding the temporary compacted dirt emergency access that will be
used by Poppy Trail residents during the RHCA construction of the temporary paved access.
Mr. Bolton indicated that this work should take approximately one week to complete. In reply
to Councilmember Heinsheimer, Mr. Bolton explained that the temporary compacted dirt
emergency access is steeper in certain areas than the current access being utilized by the
Poppy Trail residents.
Mr. Don Crocker, RHCA Board Member, commented that the RHCA felt that they should
develop a temporary paved access that was safe and away from the toe of the slide. Mr.
Crocker explained the land movement monitors that are proposed to be installed.
Mr. Mike Reader, Consulting Geologist, commented on the temporary compacted dirt
emergency access and explained that the grading is less than the grading for a previous access
proposed for the area. He said that this proposal would not adversely affect the stability of
the existing hillside but suggested that the temporary compacted dirt emergency access be
used with great care and that a fence be installed in certain areas to catch falling debris. In
response to Mayor Pennell, Mr. Reader compared the new temporary compacted dirt
emergency access to the current access being used by the Poppy Trail residents, indicating that
the proposed temporary compacted dirt emergency access does not contain any curves but
that it should be used with caution.
In response to Mr. John Lacey, 7 Poppy Trail, Mr. Reader explained that a previous proposal
for an access over the slide mass was designed entirely on City property. The current
proposed temporary compacted dirt emergency access is proposed for temporary use during
Community Association construction of the temporary paved access.
Discussion ensued regarding the geology conditions in the area and liability issues. Discussion
also ensued regarding the possibility of using the current access during the construction phase.
Mr. Bolton explained that -it would not be feasible to use current access during construction
due to the construction vehicles and machinery that would be in the area during construction.
Further discussion ensued regarding the use of the proposed temporary compacted dirt
emergency access during the construction phase. Mr. Reader explained that the emphasis
should be on constructing the temporary paved access as soon as possible. Mayor Pro Tem
Lay indicated that staff could be directed to review the temporary compacted emergency dirt
access with the Traffic Engineer for any traffic advisories that may be necessary.
Councilmembers and those in attendance discussed the winterization of the properties in the
area to avoid damage to the newly constructed temporary paved access. Mr. Reader indicated
that the winterization is an important component.
Further discussion ensued regarding the proposed temporary compacted dirt emergency
access. Mr. Bolton explained the width of the temporary compacted emergency access and
City Manager Nealis explained the access of emergency vehicles.
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Mr. Bob Jonas, 3 Poppy Trail, commented on the number of temporary access options that
had been reviewed and expressed that the residents are anxious to return to a degree of
normalcy. He indicated that the residents appreciate all of the efforts on their behalf. Mr.
Lacey indicted that the residents of Poppy Trail are used to the access challenges and stated
that the proposed temporary compacted dirt emergency access is shorter even though there is
a steeper portion.
Mr. Bolton further explained the drainage plan for the proposed temporary paved access road
and the need for the winterization of the surrounding area. City Manager Nealis reported
that formal written notice has been provided to the owner of 1 Poppy Trail about the need to
implement the winterization measures. He also explained the nuisance provision of the
Municipal Code should the owner not complete the work. City Manager Nealis also explained
funds received by the City from FEMA to complete a portion of the recommended emergency
mitigation measures. In response to Councilmember Heinsheimer, Mr. Bolton explained the
recommended drainage plan he would propose to maintain the roadway should the owner of
1 Poppy Trail not complete the winterization measures on his property. Mr. Reader explained
the importance of the drainage plan and indicated implementation of the plan would minimize
further infiltration of water into the slide.
Further discussion ensued regarding the urgency of completing the temporary paved access
and temporary compacted dirt emergency access for Poppy Trail residents. RHCA Board
Member Don Crocker commented on the fact that the temporary paved access and the
temporary compacted dirt emergency access will provide emergency access, which is vital to
the residents of Poppy Trail from a health and safety standpoint. City Attorney Mark Hensley
provided comments regarding the liability issues.
City Manager Nealis provided an outline of the requests from the Community Association
and staff recommendations. Councilmembers discussed traffic safety issues and suggested
that the City Manager consult with the Traffic Engineer. In response to Councilmember
Heinsheimer, City Manager Nealis explained that the temporary compacted dirt emergency
access would be returned to a natural state after the RHCA completes the temporary paved
access.
Hearing no further discussion Mayor Pernell called for a motion. Mayor Pro Tem Lay moved
that the City Council take the following actions relative to the Poppy Trail Road Temporary
Paved Access Plan prepared by the Rolling Hills Community Association:
• approve the Rolling Hills Community Association "temporary paved access" plan
prepared by the Community Association and authorize the Community Association to
implement and construct the "Temporary Paved Access" (debris wall/fence, drainage,
etc.) on City property;
• authorize the City Manager to enter into an agreement with Dutch Phillips Engineering
to construct the "temporary compacted dirt emergency access" to be used by Poppy
Trail residents and emergency vehicles during the RHCA construction of the
"temporary paved access" and related features;
• authorize the City to reimburse the Community Association for introduction and
reading of land movement monitoring devices proposed by Group Delta;
• authorize the City to reimburse the Community Association for the construction of the
debris wall/debris fence component of the RHCA constructed "temporary paved
access" project;
• authorize the City Manager to establish an agreement (or amendment) with Group
Delta for geotechnical oversight services, with Bolton Engineering serving as a
subcontractor, for the City constructed "temporary compacted dirt emergency access"
to be used by Poppy Trail residents and emergency vehicles during the RHCA
construction of the temporary paved access; and
• authorize the Community Association to determine appropriate extended hours of
work for this project.
Councilmember Black suggested that a not to exceed amount be authorized for expenditures.
The motion was amended to reflect that:
• City expenses for reimbursement to the RHCA and City constructed "temporary
compacted dirt emergency access" as noted above are not to exceed $250,000.
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Councilmember Heinsheimer seconded the motion. The motion carried by the following roll
call vote:
AYES: Councilmember Black, Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor
Pernell.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Councilmembers thanked the Association for their efforts regarding the proposed
construction of the temporary paved access.
PLANNING COMMISSION ITEMS
RESOLUTION NO. 2005-22. A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW
FOR GRADING AND CONSTRUCTION OF AN ADDITION TO AN EXISTING SINGLE
FAMILY RESIDENCE IN ZONING CASE NO. 706, AT 17 CREST ROAD EAST (LOT 9 -
FT), (JOHNSON).
City Manager Nealis presented the staff report outlining the applicants' request and providing
background regarding the Planning Commission action relative to Zoning Case No. 706.
Hearing no discussion, Mayor Pernell called for a motion.
Councilmember Heinsheimer moved that the City Council receive and file Resolution No.
2005-22. Councilmember Black seconded the motion, which carried unanimously.
RESOLUTION NO. ' 2005-23. A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF A
CONDITIONAL CERTIFICATE OF COMPLIANCE FOR A LOT LINE ADJUSTMENT
FOR PROPERTIES AT 25 PORTUGUESE BEND ROAD (LOT 89-A-RH) AND THE
VACANT PARCEL NORTH THEREOF (LOT 89-C-RH) IN ZONING CASE NO. 707
(CHO).
City Manager Nealis presented the staff report outlining the applicants' request and providing
background regarding the Planning Commission action relative to Zoning Case No. 707.
After a brief discussion regarding the property and the application for a sports court for the
property currently being considered by the Planning Commission, Mayor Pernell called for a
motion.
Mayor Pro Tem Lay moved that the City Council receive and file Resolution No. 2005-23.
Councilmember Heinsheimer seconded the motion, which carried unanimously.
TRAFFIC COMMISSION ITEMS
CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION
REGARDING AWARD OF FY 2005-06 CITY OF ROLLING HILLS CITYWIDE STREET
STRIPING AND PAVEMENT MARKING PROJECT.
City Manager Nealis presented the staff report outlining the Traffic Commission's
recommendation. Hearing no discussion, Mayor Pernell called for a motion.
Councilmember Heinsheimer moved that the City Council award the 2005-06 Citywide Street
Striping and Pavement Marking Project to MC Striping of Ontario, California in an amount
not to exceed $21,373.60. Councilmember Hill seconded the motion, which carried
unanimously.
CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION
RELATIVE TO A REQUEST BY MIR. JACK SHOEMAKER, 9 MAVERICK LANE, FOR A
STOP SIGN ON MAVERICK LANE AT CABALLEROS ROAD.
City Manager Nealis presented the staff report outlining the Traffic Commission's
recommendation. Hearing no discussion, Mayor Pernell called for a motion.
Mayor Pro Tem Lay moved that
Traffic Commission and authorize
Maverick Lane at Caballeros Road
unanimously.
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the City Council approve the recommendation from the
staff to place a stop sign with pavement markings on
Councilmember Hill seconded the motion, which carried
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CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION
TO INSTALL DOWN HILL GRADE WARNING SIGNS ON PORTUGUESE BEND
ROAD.
City Manager Nealis presented the staff report outlining the Traffic Commission's
recommendation. Following discussion, Mayor Pernell.called for a motion.
Mayor Pro Tem Lay moved that the City Council approve the recommendation from the
Traffic Commission and authorize staff to place grade -warning signs on the existing Watch
Downhill Speed signs on Portuguese Bend Road. Councilmember Black seconded the motion,
which carried unanimously.
PUBLIC HEARINGS
CONSIDERATION- OF A RECOMMENDATION FROM THE PLANNING
COMMISSION REGARDING A PROPOSED ORDINANCE NO. 297: AN ORDINANCE
OF THE CITY OF ROLLING HILLS REGARDING BUILDING PAD COVERAGE
REQUIREMENTS AND AMENDING TITLE 17 OF THE ROLLING HILLS MUNICIPAL
CODE. (PROVIDES ALLOWANCE FOR A PERCENTAGE OF COVERED PORCHES
TO NOT BE COUNTED TOWARD PAD COVERAGE).
City Manager Nealis presented the staff report providing background regarding Ordinance
No. 297. He explained that the City Council introduced the ordinance at the meeting on July
11, 2005. Mayor Pernell opened the continued public hearing.
Councilmember Black commented on the proposed ordinance. He indicated that he feels that
the 10% allowance is not adequate. Discussion ensued that regarding the local architects
concerns that if there were not a pad coverage allowance for covered porches that residents
would opt for more living space rather than covered porches and the process determining a
10% allowance in the proposed ordinance.
Hearing no further discussion, Mayor Pernell closed the public hearing and called for a
motion.
Mayor Pro Tem Lay moved that the City Council waive further reading and adopt Ordinance
No. 297. Further discussion ensued regarding the 10% pad coverage allowance.
Councilmember Black stated that he feels that any allowance would downsize the size of
homes that can be built in the City. Councilmember Heinsheimer seconded the motion and
indicated that the Planning Commission could provide a report back to the City Council in
twelve months as to how this allowance is actually working. Mayor Pernell stated that he feels
that the ordinance will make the footprint of the proposed residential structure fit the pad
rather than downsize the size of the home.
The motion carried by the.following roll call vote:
AYES: Councilmember Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell.
NOES: Councilmember Black.
ABSENT: None.
ABSTAIN: None.
CONSIDERATION OF RESOLUTION NO. 991: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, FINDING THE CITY TO
BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM
(CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN
ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089.
City Manager Nealis presented the staff report and Resolution No. 991. Hearing no
discussion, Mayor Pernell called for a motion.
Councilmember Heinsheimer moved that the City Council adopt Resolution No. 991.
Councilmember Hill seconded the motion, which carried unanimously.
OLD BUSINESS
CONSIDERATION OF A REPORT FROM CABALLEROS REGARDING THE STORM
HILL IMPROVEMENT PROJECT.
Mr. Marc Jacobowitz, President of Caballeros, reported that the Caballeros Board met and
discussed the questions and concerns raised by the City Council regarding the proximity of
the Storm Hill Subdivision parcels to the proposed project, the size of the proposed vegetation
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at maturity and whether the vegetation would obstruct anyone's view, the area becoming an
attractive nuisance and the suggestion of phased introduction of the improvements. He
provided photographs and drawings of the area and pointed out the tentative parcels outlined
in the Storm Subdivision and their proximity to the proposed project.
Mrs. Robin Breckenridge, Caballeros Project Manager, provided photographs from various
areas around the proposed project showing a silhouette on the site depicting the height of the
proposed trees. She explained the various proposed trees and indicated that the photographs
show that no views would be obstructed.
Mr. Jacobowitz explained that Caballeros investigated other areas in the City and neighboring
cities with similar projects. Mr. Lon Clearwater, 4 Cinchring Road, explained the areas and
indicated that Caballeros could not find any history of these locations being an attractive
nuisance. Mr. Clearwater also explained the access trails and indicated that Caballeros feels
that it would be a challenge for anyone to access the site during evening or late at night.
Mr. Jacobowtiz commented on the suggestion of phasing project improvements. He
explained the number of years that the Caballeros had been working on the project and the
process of obtaining input from the community on what amenities should be placed on the
site. He indicated that they feel that the park would not be used at all if there were no tie-ups
for horses or table and benches for seating and picnicking. Mrs. Breckenridge further
explained that the Storm family has seen the plan and that they are very enthusiastic about the
project. Mrs. Breckenridge stated that Caballeros concluded that the project should not be
phased because the site would probably not be used without all of the proposed amenities.
Mr. Jacobowitz indicated that a phased approach would become more expensive and stated
that Caballeros recommends that the project be constructed as presented.
Discussion ensued regarding the possibility of providing water to the site. Mrs. Breckenridge
explained that a minimal irrigation plan had been explored by Caballeros but that it became
cost prohibitive. She indicated that the RHCA had offered to water the plant material at the
location until it could survive on its own. City Manager Nealis explained the Wildlife
Preservation Committee's dri-pack watering cell project.
Councilmembers commended Caballeros for their efforts in planning the project and for
addressing the concerns raised by the City Council. City Manager Nealis explained that funds
are contained in the City's. budget for this project. Mr. Jacobowitz indicated that the estimated
cost for the project is $48,000 and that 1/3`d of the project would be funded by the City, 1/3`d
by the Association and 1/3`d by the Storm Family. A 10% contingency was discussed.
Hearing no further discussion, Mayor Pernell called for a motion.
Mayor Pro Tem Lay moved that the City Council approve the Storm Hill Improvement
Project as presented by Caballeros and authorize an expenditure of $16,500 for this project.
Councilmember Heinsheimer seconded the motion, which carried unanimously.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Mayor Pernell commented on item 3-g on the Consent Calendar "Correspondence from
California Water Service Company regarding a General Rate Case filed with the California
Public Utilities Commission". After discussion and concurrence by the City Council, staff was
directed to forward correspondence to the Public Utilities Commission objecting to this
General Rate Increase.
Mayor Pernell commented on the road -paving project on Portuguese Bend Road north of the
Main Gate completed by the City of Rolling Hills Estates. Staff was directed to forward
correspondence to the City of Rolling Hills Estates expressing the City Council's appreciation
for this work.
MATTERS FROM STAFF
None.
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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.
ADIOURNMENT
Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 9:35
p.m. in memory of long-time residents Marilyn Rutherford and Harriett Ghormley who passed
away recently. The meeting was adjourned to the regular meeting of the City Council scheduled
to be held on Monday, September 12, 2005, beginning at 7:30 p.m. in the City Council Chambers
at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
Approved
Godfrey Pernell
Mayor
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Respectfully submitted,
/�o q�dAtL�'n 'P. k..e-
Marilyn Kern
Deputy City Clerk
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