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9/26/2005 (2)MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA SEPTEMBER 26, 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. Nan Huang, Finance Director. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. Lt. Greg Ahn, LASD, Lomita Station. Roy Itani, District Engineer, LA County. Mike Reader, Group Delta Consultants. 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 September 12, 2005. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of August, 2005. RECOMMENDATION: Approve as presented. d. BFI Recycling Tonnage Report for August, 2005. 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. PLANNING COMMISSION ITEMS RESOLUTION NO. 2005-25. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A REAR YARD DETERMINATION FOR AN EXISTING LOT IN ZONING CASE NO. 708A, AT 25 PORTUGUESE BEND ROAD (LOT 89-A-RH), (CHO). City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property and the Planning Commission action relative to Zoning Case No. 708A at 25 Portuguese Bend Road. Mayor Pernell noted that Resolution No. 2005-26 pertains to same property and suggested that the City Council may wish to consider them together. Councilmember Black indicated that he would like to see how the rear yard determination affects the applicant's other lot. City Manager Nealis explained the vicinity map and the proximity of structures on surrounding properties to the sport court that was approved by the Planning Commission. He further explained the Planning Commission action relative to Zoning Case No. 708B also at 25 Portuguese Bend Road. In response to Councilmember Black, City Manager Nealis explained the location of the driveways for the properties on Pheasant Lane. Planning Director Schwartz explained the proximity and orientation of surrounding properties to the subject property. Councilmember Heinsheimer moved that the City Council receive and file Resolution Nos. 2005-25 and 2005-26. Councilmember Hill seconded the motion. Minutes City Council Meeting 09/26/05 -1- Councilmember Black indicated that he could not support the application for a sports court in Resolution No. 2005-26, however he was in favor of the rear yard determination in Resolution No. 2005-25. As a result, Mayor Pernell suggested that the City Council consider Resolution No. 2005-25 and 2005-26 separately. Councilmember Heinsheimer moved that the City Council receive and file Resolution No. 2005-25. Councilmember Hill seconded the motion which carried unanimously. RESOLUTION NO. 2005-26. 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, GRANTING A CONDITIONAL USE PERMIT FOR A GUEST HOUSE AND A SPORTS COURT AND GRANTING A VARIANCE TO LOCATE THE SPORTS COURT IN THE FRONT YARD AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 708B, AT 25 PORTUGUESE BEND ROAD (LOT 89-A-RH), (CHO). Discussion ensued regarding the visibility of the proposed sports court from Portuguese Bend Road. Planning Director Schwartz indicted that the sports court was staked for the Planning Commission's field review of the property. She explained the elevation of the proposed sports court and pointed out the location on a cross-section plan provided by the applicant's representative. She also explained proposed landscaping for the court. Mr. George Sweeny, applicant's representative, reported that at the field trip, the Commission had felt that the sports court would not be visible from Portuguese Bend Road. Following discussion regarding concerns about the visibility of the court from Portuguese Bend Road, Councilmembers unanimously concurred that this item be taken under jurisdiction. The City Manager indicated that this case would be set for a public hearing at the October 10, 2005 City Council meeting beginning at 7:30 p.m. in the City Council Chambers. RESOLUTION NO. 2005-27. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND A VARIANCE FOR THE CONSTRUCTION OF A RETAINING WALL ALONG A DRIVEWAY IN THE FRONT SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 709, AT 18 BOWIE ROAD (LOT 9 -CRA), (CURTO). City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property and the Planning Commission action relative to Zoning Case No. 709. Hearing no discussion, Mayor Pernell called for a motion. Mayor Pro Tem Lay moved that the City Council receive and file Resolution No. 2005-27. Councilmember Heinsheimer seconded the motion, which carried unanimously. RESOLUTION NO. 2005-28. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT AND A VARIANCE TO CONSTRUCT A POOL HOUSE IN THE REAR SETBACK; VARIANCE TO RETAIN A PREVIOUSLY CONSTRUCTED STABLE IN THE FRONT SETBACK; VARIANCE TO EXCEED THE MAXIMUM PERMITTED STRUCTURAL AND TOTAL LOT COVERAGE AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 710, AT 2 SOUTH -MELD ROAD (LOT 62- B -SF) (COLDWELL). City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property and the Planning Commission action relative to Zoning Case No. 710. Mayor Pro Tem Lay moved that the City Council receive and file Resolution No. 2005-28. Councilmember Heinsheimer seconded the motion. After discussion regarding the pad coverage calculation, Conditional Use Permit and Variance for the pool house and an explanation regarding the constraints of the property due the surrounding roadways on three sides, the motion carried unanimously. RESOLUTION NO. 2005-29. 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 AND A GUEST HOUSE AND CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 712, AT 1 CREST ROAD EAST (LOT 1 -FT), (HUH). Minutes City Council Meeting 09/26/05 -2- City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property and the Planning Commission action relative to Zoning Case No. 712. Hearing no discussion, Mayor Pernell called for a motion. Mayor Pro Tem Lay moved that the City Council receive and file Resolution No. 2005-29. Councilmember Heinsheimer seconded the motion, which carried unanimously. RESOLUTION NO. 2005-30. 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 10 PINE TREE LANE AND TWO VACANT PARCELS NORTH THEREOF, HAVING ASSESSORS PARCEL NUMBERS 7569-013-016,7569-013-017, 7569- 013-018, (HASSOLDT). City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property and the Planning Commission action relative to the proposed Lot Lire Adjustment. In response to Councilmember Black, City Manager Nealis explained revised calculations indicating that Parcel 1 actually decreases by 6,691 square feet and Parcel 3 actually increases by 3,920 square feet. He stated that this correction does not create an issue with the application and still meets all Zoning Code requirements and indicated that the data on the proposed lot chart in the staff report is correct. Councilmember Heinsheimer commented on the applicant's proposal before the Rolling Hills Community Association to change the easement measurements. City Manager Nealis explained that the net lot area is determined exclusive of easement size. Councilmember Hill moved that the City Council receive and file Resolution No. 2005-30. Mayor Pro Tem Lay seconded the motion. In response to Mayor Pro Tem Lay regarding the discrepancy lot sizes in the tentative map and the final map, Planning Director Schwartz explained that the County does not record the net lot area as determined under the City Zoning Code regulations, however the lots do conform to the City Codes and the applicant's representative used baseline calculations using the lot sizes recorded at the County. Councilmember Black commented on the discrepancy in the gross lot on the tentative map. Planning Director Schwartz further explained the discrepancy and indicated that it does not invalidate the requested Lot Line Adjustment since Zoning Code requirements are still met. After discussion, the motion carried unanimously. RESOLUTION NO. 2005-31. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION THAT WOULD ENCROACH INTO THE EAST SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 715, AT 44 CHUCKWAGON ROAD, (LOT 21 -CF), (MINKES). City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property and the Planning Commission action relative to Zoning Case No. 715. Hearing no discussion, Mayor Pernell called for a motion. Mayor Pro Tem Lay moved that the City Council receive and file Resolution No. 2005-31. Councilmember Black seconded the motion, which carried unanimously. TRAFFIC COMMISSION ITEMS CONSIDERATION'OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION RELATIVE TO A REQUEST FROM THE PALOS VERDES ART CENTER TO CONDUCT AN ARTISTS STUDIO TOUR AT 14 CINCHRING ROAD. City Manager Nealis presented the staff report outlining the request by the PV Art Center to conduct an Artists Studio Tour at 14 Cinchring Road and the Traffic Commission's recommended approval of the event. Hearing no discussion, Mayor Pernell called for a motion. Councilmember Black moved that the City Traffic Commission relative to this request. carried unanimously. Minutes City Council Meeting 09/26/05 Council approve the recommendation from the Mayor Pro Tem Lay seconded the motion, which -3- OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. PUBLIC HEARINGS CONSIDERATION -OF NUISANCE ABATEMENT AT 1 POPPY TRAIL ROAD (LOT 90- B-RH). OWNER: ALAN SHEEN City Attorney Jenkins outlined the procedures for the conduct of the public hearing and swore in the City's contract representatives who would provide testimony in this matter; Mr. Mike Reader, Group Delta Consultants; Mr. Ross Bolton, Bolton Engineering and Mr. Roy Itani, Los Angeles County District Engineer. He noted that the Attorney representing the property owner of 1 Poppy Trail has arranged for a court reporter to be in attendance and that as customary at City Council meetings, the proceeding will be tape-recorded. City Manager Nealis presented the staff report providing background regarding the landslide that occurred in March 2005, the condition of the property at 1 Poppy Trail as well as the request by the City for the property owner to perform winterization measures on his property to minimize water from entering the slide mass as recommended by the City's Consulting Geologist. He also outlined the provisions in the Municipal Code Section 8.24.020 (Duty of Owner or Possessor of Property) which requires that every person that owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any nuisance and Rolling Hills Municipal Code Section 8.28.010 which defines any condition on property that has or will aggravate, enlarge or accelerate an active landslide to be a public nuisance subject to abatement pursuant to Chapter 8.24. He explained that Mr. Mike Reader of Group Delta Consultants will provide testimony regarding the landslide condition and recommended abatement measures including the need for water infiltration prevention and that Mr. Ross Bolton of Bolton Engineering will provide testimony regarding drainage modifications and other safety measures to achieve the recommendations outlined by Mr. Reader and that Mr. Roy Itani, District Engineer of Los Angeles County will provide testimony regarding the hazard posed by the existing guesthouse on the property. City Manager Nealis pointed out the area of the slide on an aerial photograph taken just after the slide occurred which depicts the guesthouse on 1 Poppy Trail and the blockage of Poppy Trail Road. He also provided photographs taken on September 19, 2005 depicting the condition of the guesthouse, exposed drainage devices above the slide mass and fissures on the property. He indicated the property was inspected on September 19, 2005 and again on September 26, 2005 from the perspective of the City property just below 1 Poppy Trail and that there was no evidence that the recommended winterization measures had been implemented by the property owner. Mayor Pernell opened the public hearing and called for testimony. Mr. Mike Reader, Group Delta Consultants, summarized the evaluation of the landslide on Poppy Trial. He pointed out various areas on the aerial photograph and indicated that a large part of the slide is within an ancient landslide. City Manager Nealis provided a copy a letter dated September 21, 2005 prepared by Mr. Reader regarding the continued movement of the landslide to those in attendance. Mr. Reader commented on his letter of September 1, 2005 outlining recommended winterization measures that need to be implemented on 1 Poppy Trail and other surrounding properties to prevent water infiltration into the slide mass. Mr. Reader commented on the September 21, 2005 letter in which he explains the installation and monitoring of inclinometers. He explained the diagrams included in the letter and pointed out the approximate location of the inclinometers on the map. He reported that monitoring of the inclinometers indicate that the landslide is continuing to move. In response to Mayor Pernell, Mr. Reader further explained the areas of the active slide and the ancient slide which extends beneath the building pad on 1 Poppy Trail. Mr. Reader further explained the recommended winterization measures that need to be completed on 1 Poppy Trail. He indicated that cracks have been observed which indicate movement and stated that these cracks need to be sealed to prevent infiltration of water into the slide, to prevent acceleration of the slide. He commented on the recommended flattening of the head scarp and the proposed drainage improvements to prevent an increase in the rate of movement of the landslide. In response to Mayor Pernell, Mr. Reader indicated that water Minutes City Council Meeting 09/26/05 -4- from recent rains have probably infiltrated into the slide and that water service has been turned off at 1 Poppy Trail. Councilmember Black commented on previously observing wet ground at 1 Poppy Trail prior to the property owner rescinding permission for the City to access to his property. Mr. Craig Collins, attorney for the owner of 1 Poppy Trail, queried Mr. Reader regarding his opinion on whether there is a nuisance that needs to be abated at 1 Poppy Trail. Mr. Reader explained that the nuisances are outlined in his letter of September 1, 2005 with recommendations to prevent water in the coming winter from entering the landslide and causing it to accelerate. Mr. Reader indicated that water and geologic instability are both nuisances that he feels need to be abated. Mr. Collins further questioned Mr. Reader regarding the expectation of a catastrophic event in the area, and the grading that would need to be completed to flatten the head scarp. Mr. Reader, at the request of Mr. Collins, highlighted the area of the head scarp in orange marker on the topographic survey of the slide area and indicated that this work would need to be designed by a civil engineer based upon his recommendations. Mr. Collins queried Mr. Reader regarding his professional degrees, grading plans for the proposal to flatten the head scarp, the effect the flattening of the head scarp would have on the utilities that currently serve 1 Poppy Trail, and his opinion on how much material would need to be removed to perform the grading necessary to flatten the head scarp. After brief explanations by Mr. Reader, Mr. Collins commented on the property boundaries outlined on the topographic survey of the slide area. In response to Mr. Collins, Mr. Reader explained that some grading to flatten the head scarp may need to occur on 4 Poppy Trail and that this work is viewed as only temporary and it is not believed the work would worsen the situation. Mr. Collins further queried Mr. Reader regarding whether a storm water pollution prevention plan had been prepared in connection with the grading and what the costs would be associated with the grading to flatten the head scarp. Mr. Reader indicated that he had no knowledge related to these two questions. In response to Mr. Collins, Mr. Reader pointed out the location of the inclinometers on the topographic survey of the slide area and highlighted them in orange highlighter. Mr. Reader explained the monitoring of the inclinometers. Also in response to Mr. Collins regarding what would happen if the nuisance were not abated, Mr. Reader indicated that water infiltrating into the slide would accelerate its movement and possibly enlarge the slide. Mr. Reader also explained that he feels that the landslide would not threaten the homes further up Poppy Trail if the nuisance were not abated. He said the structure threatened by the unabated landslide is the guesthouse at 1 Poppy Trail and that it has been red -tagged. Mr. Reader stated that the stability of the main house on 1 Poppy Trail has not been studied. Mr. Collins asked Mr. Reader if the residents further up on Poppy Trail have access to their homes. Mr. Reader commented on the temporary ATV and emergency access used by Poppy Trail residents to access their homes. Mr. Collins commented on specific geologic stability measures that could be implemented for the driveway and guesthouse for 1 Poppy Trail to preserve these structures and the factor of safety necessary to restore stability. Mr. Reader indicated that a study would have to be done to determine if these measures would be feasible from an engineering perspective. In response to Mr. Collins regarding the effect of flattening the head scarp would have on the reopening of Poppy Trail, Mr. Reader explained that he does not believe that this would have an effect directly on the reopening of Poppy Trail and restated the objective is to prevent the slide from moving faster or enlarging during the coming winter. He indicated that based on his knowledge of City and County codes that it is very doubtful that any overall repair could be done by the coming rainy season. Mr. Reader also explained that a study had been done to determine if Poppy Trail could be reopened utilizing only City property but that it was not possible without affecting adjacent properties. He said the geometry and elevation of the slide made it difficult to reopen Poppy Trial and obtain a sufficient factor of safety. In response to Mr. Collins, Mr. Reader said that reopening the road and stabilizing the landslide are two different issues. He indicated if the landslide is stabilized it may be possible to reopen Poppy Trail. Mr. Reader said that the City has asked him to look at alternatives for creating access for the residents. Mr. Collins queried Mr. Reader regarding his visits to 1 Poppy Trail. Mr. Reader indicated that he last visited the property several months ago. Also in response to Mr. Collins, Mr. Reader indicated that no significant grading has been done in the vicinity. He said that vegetation removal, sealing cracks and most recently the construction of ATV access road to the south of the landslide has occurred. Mr. Reader indicated that he is not aware of any stabilization of the slide due to this work. Minutes City Council Meeting 09/26/05 -5- In response to Mr. Collins, Mr. Reader stated that the cause of the slide has not been analyzed. City Attorney Jenkins commented that the purpose of this hearing is to address specific conditions on the property related to the alleged nuisance conditions on the property and not the cause of the landslide. Mr. Collins indicated that he disagrees with City Attorney Jenkins. Mr. Collins commented on Mr. Reader's June 16, 2005 Geological and Geotechnical Report and provided copies of certain pages in that report. He queried Mr. Reader regarding this report. Mr. Reader provided an explanation of the three design alternatives for creating access for the Poppy Trail residents outlined in the report as well as other comments in the report. Mr. Collins commented on the exhibit depicting the photographs taken on September 19, 2005. In response to Mr. Reader, he indicated that a geologist, Mr. Steve Kolthoff, had observed water emanating from the exposed pipes on 1 Poppy Trail. Mr. Ross Bolton, Bolton Engineering, explained the engineering recommendations that are designed to prevent water infiltration into the slide as recommended by the geologist. He pointed out the various locations of proposed drainage devices, sandbagging, crack filling and laying back of the slope for plastic sheeting to cover the head scarp on the erosion control plan designed to keep water from infiltration into the slide. In response to Councilmember Black, Mr. Bolton indicated that a plan would need to be prepared to show the removal of the guesthouse in connection with the laying back of the head scarp. City Manager Nealis explained that procedurally the property owner of 1 Poppy Trail has been put on notice of his responsibility for the removal of the guesthouse. In response to Mayor Pro Tem Lay, Mr. Bolton explained that the plan that he is creating is being produced in case the property owner of 1 Poppy Trail does not complete the recommended winterization measures on his property. Discussion ensued regarding the ancient landslide on 1 Poppy Trail. Mr. Reader explained the areas of the ancient and current landslides at 1 Poppy Trail and pointed them out on the plan. Mr. Reader explained that the head scarp would erode under the guesthouse if it rains. Mr. Collins queried Mr. Bolton regarding his professional training and his role in connection with the 1 Poppy Trail property. Mr. Bolton explained the aerial photograph that had been taken encompassing the property at 1 Poppy Trail and the creation of a plan and a study of a preliminary erosion control plan to divert water around the landslide. Mr. Collins commented on the grading proposed on the erosion control plan and the amount of grading done in the area to date. Mr. Bolton indicated that he did not have the quantities of soil and that Mr. Dutch Phillips had conducted some grading in the area. Mr. Collins also queried Mr. Bolton regarding the permitting of the work to be done in the area, the factor of safety of the slope, and FEMA's involvement. Mr. Roy Itani, District Engineer, Los Angeles County Department of Building and Safety, provided an explanation of inspections and red -tagging of the guesthouse on 1 Poppy Trail. He indicated that the landslide had damaged the guesthouse and that it was unsafe. He said that the property owner had not submitted plans to the County for repairs to his property. In response to Councilmember Black, Mr. Itani explained that the property owner has the option of presenting a plan to the County to allow the guesthouse to remain on the property. Mr. Itani indicated that a geological study would have to be reviewed by the County before the guesthouse can be repaired. Mr. Collins queried Mr. Itani regarding the guesthouse stability and the process of red -tagging the guesthouse. Mr. Itani indicated that the guesthouse causes a danger to the public. Mr. Itani explained that the County does not have records approving the construction of the guesthouse structure at 1 Poppy Trail. He stated that the County's records show the construction of a stable. In response to Mr. Collins, Mr. Itani indicated that general observation of the structure does not support that it is being used as a stable. Mr. Collins further discussed the landslide with Mr. Reader. Mr. Reader explained that he has not determined if the ancient landslide is moving. He further explained the current landslide and indicated that it is part of the larger ancient landside. In response to Mr. Collins, Mr. Reader explained the location of the temporary access road and the impact of the guesthouse should it fail. Further discussion ensued regarding the need for the temporary access for residents to access their homes. In response to City Attorney Jenkins, Mr. Collins indicated that he does not intend to present any witnesses in this matter. He said he would like to make some remarks. Minutes City Council Meeting 09/26/05 -6- City Manager Nealis identified the documents that have been referred to or discussed at the hearing, which include the staff report dated September 26, 2005 with attachments, the photographs taken on September 19, 2005, the aerial photograph, the cross-sections that are referenced from the Group Delta Consultants study that was provided to the City Council on June 27, 2005 and the map showing the cross sections from that document. Mr. Collins numbered the exhibits on display this evening consecutively. Mr. Collins commented on the landslide and indicated that the property owner of 1 Poppy Trail did nothing to cause the landslide. He stated that he feels the slide was caused by the construction of Poppy Trail Road that undermined the stability of the slope. He indicated that he feels that it is unfair to the owner of 1 Poppy Trail that the fix is to destroy the access to 1 Poppy Trail in order to restore the access to Poppy Trail residents. He stated that a better solution would be to repair the landslide to save 1 Poppy Trail and to restore the access to the Poppy Trail residents. Mr. Collins stated that he has no objection to the initiation of plastic sheeting and sealing cracks. He indicated that he objects to the grading to flatten the head scarp and removing the guesthouse and commented on the notice provided to the property owner about the winterization measures. He stated that it was not possible for the property owner to comply with the notice. Mr. Collins indicated that the property owner has cooperated in every way possible and commented on the access agreement provided by the property owner when the landslide occurred. He said that he feels that the property owner of 1 Poppy Trial has been hurt most by the landslide. He suggested that the City establish a geologic hazard abatement district to deal with the landslide or the City should bare the costs, as repairs will benefit the residents of the City. Mr. Collins said that the property owner is willing to cooperate with the City in creating a real fix to solve the problem to everyone's benefit. In response to Mayor Pernell, Mr. Collins stated that the property owner is willing to allow the City access to implement the plastic sheeting and that he does not know if the property owner would allow access for grading to flatten the head scarp because it requires the demolition of the guesthouse. In response to Mayor Pro Tem Lay, Mr. Collins indicated that the property owner has consulted with an engineering firm and they have been advising him on how to save his driveway and guesthouse. He stated that no reports have been produced and that this consultant has made no direct contact with a geologist or the county about a particular proposed plan to stabilize the driveway and guesthouse. Mr. Collins stated that the property owner views this situation as the City's problem to fix. Mayor Pro Tem Lay commented on the request from the City to the property owner in July regarding winterization measures to be completed on the property and the fact that no effort has been made to complete this work. Mr. Collins expressed that the property owner feels that the City should pay for this work. Councilmember Heinsheimer commented on the September 2, 2005 letter to the property owner outlining the winterization measures that must be completed on 1 Poppy Trail. In response to Councilmember Heinsheimer, Mr. Collins indicated that the property owner would allow the City to complete items 1, 4 and 5 on the property and that items 2 and 3 are unfair and should not be done at all. In response to Councilmember Black regarding the observation of damp soil at 1 Poppy Trail, Mr. Collins stated that the property owner had never stopped the City from accessing 1 Poppy Trail. He said the City had temporary access to complete emergency repairs and that once that work had been done that he had revoked the access and that he indicated at that time if the City needs further access in the future to let him know. Mayor Pro Tem Lay commented on the geologic concern about the guesthouse and the impending rainy season. Mr. Collins indicated that the property owner would support a design of a permanent fix of the slide and the road. He commented on the plastic sheeting to seal the landslide from further water infiltration and that the goal of the property owner is to have the landslide completely fixed. City Manager Nealis restated the purpose of the public hearing which is the abatement of the nuisance as described in the letter dated September 2, 2005 to the property owner at 1 Poppy Trail based on the recommendations of the City's Consulting Geologist to prevent water infiltration into the existing landslide condition. He stated that a permanent fix to the landslide is not being entertained at this time nor has anyone proposed one to the City. City Manager Nealis explained the Municipal Code Sections relating to landslide activity and abatement of nuisances. He stated that the purpose of the correspondence to the property owner of 1 Poppy Trail was to direct that the recommendations of the Consulting Geologist be implemented. He reiterated that there has been no evidence that these recommendations have been implemented since the first letter was forwarded to the property owner in July or Minutes City Council Meeting 09/26/05 -7- since the second letter was forwarded to the property owner on September 2, 2005. He commented on the City's goal to cause the property owner to winterize his property. He indicated that the City would be implementing measures to winterize the City property. He also commented on the lengthy process to move forward with an overall fix of the landslide. Discussion ensued regarding the winterization recommendations outlined by the City's Consulting geologist and a process for completing these recommendations. Mr. Reader indicated that he feels that all of the recommendations are necessary. Hearing no further testimony, Mayor Pernell closed the public hearing. Councilmembers discussed the nuisance abatement process and how to best assure that the recommendations of the consulting geologist are implemented. Mayor Pro Tem Lay stated that the feels that it is clear that the conditions on the property has potential to accelerate the landslide and that is a public nuisance pursuant to the Municipal Code. Discussion ensued regarding the time frame to abate the nuisance by completing the corrective measures. Councilmembers concurred that the winterization must be completed as soon as possible. Hearing no further discussion, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council declare the property a 1 Poppy Trail to be a nuisance and order the abatement of the nuisance. Mayor Pro Tem Lay seconded the motion. City Attorney Jenkins presented a draft resolution for consideration by the City Council declaring a nuisance and ordering the abatement of a nuisance. Discussion ensued regarding the resolution and the time frame to complete the work outlined in Section 6. City Manager Nealis indicated that staff would provide a report regarding the implementation of winterization measures at the next regular meeting of the City Council on October 10, 2005. The City Council reviewed the findings in the resolution and concurred that the evidence that they had received during this proceeding supports the findings. Following discussion, Councilmember Heinsheimer amended his motion and Mayor Pro Tem Lay amended his second that the City Council adopt the resolution presented by staff declaring the condition of the property at 1 Poppy Trail to be a public nuisance and ordering the abatement thereof and amended Section 6 of the resolution to include that the property owner prepare and submit a written plan providing for implementation of the corrective winterization measures to the City within ten days of the adoption of the resolution, commence implementation of the plan and performance of the corrective measure on or before October 10, 2005, and that the corrective measures be completed by or before November 10, 2005 and that the City reserves the right to proceed with the nuisance abatement provisions of the Code if after 30 days from adoption of the resolution the property owner has failed to proceed as required. Mayor Pro Tem Lay seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Black, Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. NOES: None. ABSENT: None. ABSTAIN: None. ORDINANCE NO. 298-U: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 27 OF THE LOS ANGELES COUNTY CODE RELATING TO ELECTRICAL SYSTEMS, AND AMENDING CHAPTER 15.16 OF THE ROLLING HILLS MUNICIPAL CODE, AND DECLARING THE URGENCY THEREOF. City Manager Nealis presented the staff report providing background regarding Ordinance No. 298-U. Councilmember Heinsheimer moved that the City Council waive further reading and adopt Ordinance No. 298-U. Councilmember Hill seconded the motion, which carried unanimously. District Engineer Itani indicated that the ordinance would not impact projects already permitted by the County. OLD BUSINESS None. Minutes City Council Meeting 09/26/05 -8- 1 NEW BUSINESS None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Black commented on the intersection of Palos Verdes Drive North, Portuguese Bend Road and Rolling Hills Road and indicated that he had been approached about the implementation of a crossing guard at that intersection between 2:30 and 3:30 in the afternoon. He indicated that the City of Rolling Hills Estates had previously studied this intersection for a crossing guard but at that time the intersection did not meet the Cal Trans standard for the implementation of a crossing guard. After a brief discussion and there being no objection, staff was directed to revisit this subject with the City of Rolling Hills Estates and report back to the City Council. MATTERS FROM STAFF None. 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. ADTOURNMENT Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 10:11 p.m. to the regular meeting of the City Council scheduled to be held on Monday, October 10, 2005, beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. iwayor Minutes City Council Meeting 09/26/05 Respectfully submitted, MI&,, k Marilyn K n Deputy City Clerk