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9/12/2005MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA SEPTEMBER 12, 2005 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pro Tem Lay 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, and Mayor Pro Tem Lay. Councilmembers Absent: Pernell (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. 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 August 22, 2005. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Consideration of disposition of surplus property. RECOMMENDATION: Approve as presented. 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 None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PUBLIC HEARING. RESOLUTION NO. 992: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ESTABLISHING A RESERVE ACCOUNT WITHIN THE GENERAL FUND FOR THE CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PROGRAM AND MAKING APPROPRIATIONS THEREFROM. City Manager Nealis presented the staff report providing background regarding the Citizens Option for Public Safety Program. Mayor Pro Tem Lay opened the public hearing and called for testimony. Hearing none, he closed the public hearing and called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 992. Councilmember Hill seconded the motion, which carried unanimously by those Councilmembers in attendance. OLD BUSINESS RESOLUTION NO. 993: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING TRANSFERRING ITS PER CAPITA FUNDS UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 IN THE AMOUNT OF $220,000 TO THE CITY OF RANCHO PALOS VERDES TO BE USED FOR PRESERVATION OF OPEN SPACE IN THE PORTUGUESE BEND AREA. Minutes City Council Meeting 09/12/05 -1- City Manager Nealis presented the staff report indicating that Resolution No. 993 transfers the City's Per Capita Funds under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002 to the City of Rancho Palos Verdes for the preservation of open space in the Portuguese Bend area and that this action was consistent with the previous action on this subject by the City Council based upon Rancho Palos Verdes receiving a $10 million grant from the State. Hearing no discussion, Mayor Pro Tem Lay called for a motion. Councilmember Hill moved that the City Council adopt Resolution No. 993. Councilmember Heinsheimer seconded the motion, which carried unanimously by those Councilmembers in attendance. Councilmember Black arrived at 7:35 p.m.. NEW BUSINESS RESOLUTION NO. 994: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. City Manager Nealis presented the staff report providing background regarding the destruction of city records pursuant to Government Code Section 34090. In response to Councilmember Black, Deputy City Clerk Kern explained that this destruction does not include minutes of the City Council. Hearing no further discussion, Mayor Pro Tem Lay called for a motion. Councilmember Hill moved that the City Council adopt Resolution No. 994. Councilmember Black seconded the motion, which carried unanimously by those Councilmembers in attendance. RESOLUTION NO. 995: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS). City Manager Nealis presented the staff report providing background regarding the National Incident Management System and Resolution No. 995, which confirms the City's intent to participate in this national program. In response to Councilmember Heinsheimer, City Manager Nealis reported that the City has already adopted California's Standardized Emergency System (SEMS) for emergency management and the NIMS management system is largely based upon SEMS. Hearing no further discussion, Mayor Pro Tem Lay called for a motion. Councilmember Black moved that the City Council adopt Resolution No. 995. Councilmember Hill seconded the motion, which carried unanimously by those Councilmembers in attendance. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM STAFF City Manager Nealis provided a brief update on the construction of the Poppy Trail ATV/Emergency Access. He reported that grading for the ATV/Emergency Access would start tomorrow and that the fire hydrant and remaining exposed water line had been removed today. He reported that he had asked for a bid from Bolton Engineering to prepare an erosion control plan. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Mr. Scott Gobble, Southern California Edison Company, commented on the 9/12 power outage in the Los Angeles area served by the City of Los Angeles Department of Water & Power. MATTERS FROM THE CITY ATTORNEY At 7:44 p.m., the City Council recessed into a closed session. Minutes City Council Meeting 09/12/05 -2- 1 1 1 1 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. Anticipated Litigation: G.C. 54956.9(b) (3) (C) Claim of Alan Sheen and James Sheen dated August 23, 2005. At 8:24 p.m. City Attorney Jenkins reported that no reportable action was taken in closed session. ADIOURNMENT Hearing no further business before the City Council, Mayor Pro Tem Lay adjourned the meeting at 8:25 p.m. to the regular meeting of the City Council scheduled to be held on Monday, September 26, 2005, beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, e— 9ZI6 e � — B. Allen Lay v Mayor Pro Tem Minutes City Council Meeting 09/12/05 Respectfully submitted, Marilyn Kern Deputy City Clerk -3- RESOLUTION NO. 1014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND DECLARE AND ORDER AS FOLLOWS: Section 1. Pursuant to Section 8.24.030 of the Rolling Hills Municipal Code, the City Manager notified Mr. Alan Sheen, owner of that certain real property in the City of Rolling Hills commonly known as 1 Poppy Trail (Lot 90-B-RH), to abate conditions on his property that would potentially aggravate and accelerate an existing landslide. The measures include removing all debris (deteriorated plastic and sandbags) from the site, covering the entire affected area with new UV resistant plastic sheeting, and installing above -ground drainage devices to divert stormwater from entering the landslide area from locations above the headscarp of the landslide. The measures are designed to restore the winterization improvements that were performed on the property in early 2006 and have since suffered normal deterioration, in anticipation of the 2006-2007 winter rainy season. The notice directed that the measures be taken or commenced (and completed with due diligence) by October 23, 2006, otherwise the City Council would hold a public hearing on October 23, 2006 in the City Council Chambers of City Hall to hear any protests the owner might have to the abatement of the nuisance. On October 11, 2006 the City posted the notice at the site. Section 2 No action to abate the nuisance has been taken by the property owner. Consequently, on October 23, 2006, the City Council held a public hearing to allow the City Manager, the property owner and any other interested parties to testify and submit evidence regarding the condition of the property located at 1 Poppy Trail. Section 3. Based upon staff reports, related documents and the evidence presented at the time of the hearing, the City Council makes the following findings of fact: a. The property located at 1 Poppy Trail is .located in an active landslide in the City of Rolling Hills. The property is improved with a single family residence, swimming pool, water feature, stable, and tennis court. An illegal nonconforming guesthouse was removed from the property pursuant to the nuisance abatement proceeding in 2005-2006. Inspections of the property demonstrate that the single family residence remains uninhabited. b. Following the activation of the landslide in early 2005, a geologist engaged by the City, with the property owner's permission, conducted borings and other tests on the property to better understand the structure of the landslide in order to enable all interested parties to evaluate their options. A copy of the geologist's report was provided to the owner of 1 Poppy Trail. C. The plastic sheeting, sandbags and above -ground drainage devices installed on the property as part of the 2005-2006 nuisance abatement proceeding have suffered a normal amount of deterioration and need replacement in order to remain effective in inhibiting the infiltration of stormwater into the landslide. If these protective measures are not kept in good condition and repair, infiltration of water into the slide plane will likely aggravate the slide, resulting in further damage to the property and the surrounding area: The City's geologist reports that the protective measures installed in 2005-2006 have been successful in slowing the movement of the landslide. d. Absent restoration of protective measures, the property will represent a continuing threat to public safety. Section 5. On the basis of the foregoing, and of the evidence contained in the record, the City Council finds and determines that the landslide condition of the property at 1 Poppy Trail, and the open crevices and fissures, separately and collectively constitute a public nuisance within the meaning of Sections 8.24.010 and 8.28.010 of the Municipal Code, and ,constitute a condition that is injurious to the public health, safety and welfare. The City Council further finds that by not restoring to good condition the winterization measures installed in 2005-2006 in anticipation of the 2006-2007 winter rainy season, stormwater will further infiltrate the landslide and will further destabilize the property, creating a danger to persons and property in the area. Resolution No. 1014 -1- Section 6. In accordance with the foregoing, and because it is the duty of property owners to maintain their properties free of nuisances, the City Council orders that the property owner implement the corrective winterization measures described in Section 1 of this Resolution and further described in the attached correspondence (Exhibit A) on or before November 1, 2006; and, that the corrective measures be completed by the property owner on or before November 10, 2006. In the event that the property owner fails to commence performance of the corrective measures by the above-described deadlines, than the City may, on or after November 1, 2006 perform the corrective measures at the property owner's expense as authorized in Section 8.24.060 of the Municipal Code. Section 7. In the nuisance is not abated as specified herein, then the City Manager is directed to cause the nuisance to be abated by the City, and also is directed to notify the property owner in writing by certified mail and regular mail of the cost of removal of the nuisance and that payment in full for removal of the nuisance is due to the City within 10 days of the date of mailing of the notice. If the total cost of abating the nuisance is not paid to the City within 10 days after the date of the notice, the City Clerk shall record, in the Office of the County Recorder, a statement of the total balance due to the City, which shall constitute a lien upon the property. Section 8 The City Clerk is hereby directed to send a copy of this resolution by certified and regular mail to the owner of the property located at 1 Poppy Trail. Section 9. This resolution shall take effect immediately on October 23, 2006. PASSED, APPROVED AND ADOPTED THIS 23`d DAY OF OCTOBER, 2006 6 44____ B. Allen Lay (% Mayor ATTEST: Marilyn Kern Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS ) The foregoing Resolution No. 1014 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE CONDITION OF THE PROPERTY LOCATED AT 1 POPPY TRAIL TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF was approved and adopted at a regular meeting of the City Council on October 23, 2006, by the following roll call vote: AYES: Councilmembers Thomas Heinsheimer, Frank E. Hill Godfrey Pernell and Mayor B. Allen Lay NOES: None. ABSENT: Mayor Pro Tem ,lames Black. ABSTAIN: None . Marilyn Kern Deputy City Clerk Resolution No. 1014 -2-