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10/23/2006 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA OCTOBER 23, 2006 CALL TO ORDER , A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor 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: Heinsheimer, Hill, Pernell and Mayor Lay. Councilmembers Absent: Mayor Pro Tem Black(excused). Others Present: Anton Dahlerbruch, Interim City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Nan Huang, Finance 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 - (1) Special Meeting of October 2, 2006, (2) Adjourned Regular Meeting of October 9, 2006, (3) Regular Meeting of October 9, 2006. RECOMMENDATION: Approve as presented. b. Payment of Bills RECOMMENDATION: Approve as presented. c. Financial Statement for the Month of September, 2006. RECOMMENDATION: Approve as presented. Councilmember Pernell requested that the minutes of the Regular Meeting of October 9, 2006 be amended on Page 6 to strike the word interim in the first sustenance related to the appointment of an Ad Hoc Subcommittee to guide the search for a new City Manager. Councilmember Heinsheimer moved that the City Council approve the recommendations in the Consent Calendar and the amended minutes. Councilmember Hill�seconded the motion which carried unanimously by those Councilmembers in attendance. PLANNING COMMISSION ITEMS RESOLUTION NO. 2006-14. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW APPROVAL TO CONSTRUCT A TRELLIS ON A PROPERTY THAT REQUIRES PLANNING COMMISSION REVIEW, DUE TO EXISTING STRUCTURAL DEVELOPMENT RESTRICTION APPROVED PREVIOUSLY AND WHERE A NEW SINGLE FAIVIILY RESIDENCE IS UNDER CONSTRUCTION IN ZONING CASE NO. 731 AT 22 CREST ROAD EAST (LOT 194-MS), (MARTIN). Councilmember Heinsheimer indicated that he would abstain from consideration of this Zoning Case. Planning Director Schwartz presented the staff report outlining the applicant's request and providing background regarding the property and Planning Commission action relative to Zoning Case No. 731. Hearing no discussion, Mayor Lay called for a motion. Councilmember Hill moved that the City Council receive and file Resolution No. 2006-14. Councilmember Pernell seconded the motion which carried unanimously by those Councilmembers in attendance at the meeting. Minutes Ci Council Meeting 10�23/06 -1- TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS ZONING CASE NO. 727 MR. AND MRS. PHILIP CHO, 25 PORTUGUESE BEND ROAD, (LOT 89-A-RH). REQUEST FOR A SITE PLAN REVIEW TO CONSTRUCT A STABLE THAT REQUIRES GRADING AND A VARIANCE TO LOCATE THE STABLE AND THE CORRAL IN TI-�E FRONT YARD AREA AT AN EXISTING SINGLE FAMILY RESIDENCE. Hearing no objection, Mayor Lay continued the public hearing to the next regular meeting of the City Council scheduled to be held on Monday, November 13, 2006 at the request of the applicant. CONSIDERATION OF NUISANCE ABATEMENT AT 1 POPPY TRAIL ROAD (LOT 90-B-RH). OWNER: ALAN SHEEN City Attorney Jenkins provided background regarding the City Council's previous action to declare conditions at 1 Poppy Trail a public nuisance and the landslide mitigation and winterization measures previously completed. He indicated that since that time the plastic sheeting and sandbags have deteriorated and are in need of replacement. He stated that the City Council must adopt a resolution making the findings that the condition on the property is a continuing public nuisance and that will allow the City to abate the nuisance if the property owner of 1 Poppy Trail does not complete the work. He reported that the owner of 1 Poppy Trail has been notified of this hearing and is not in attendance. Mayor Lay opened the public hearing. Mr. Mike Reader, Consulting Geologist, explained the previous nuisance abatement and landslide mitigation measures that had previously been completed on the property. He presented his recommendation that the landslide be re-winterized due to the deterioration of the plastic and sandbags to keep water from infiltrating into to the slide. He explained that inclinometer data shows that movement of the landslide down slope slowed down after winterizing the landslide. Discussion ensued regarding the landslide and the positive effects of the previous winterization measures that had been installed on the property. Mr. Reader explained drainage improvements that had been made in the area. Councilmembers discussed the costs associated with the previous nuisance abatement and the costs for the winterization measures being proposed at this time. In response to Councilmember Heinsheimer, City Attorney Jenkins indicated that the current litigation would not be affected by this nuisance abatement effort. Hearing no further discussion, Mayor Lay closed the public hearing and called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 1014. Councilmember Pernell seconded the motion which carried unanimously by those Councilmembers in attendance at the meeting. OLD BUSINESS None. NEW BUSINESS RESOLUTION NO. 1011: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HIL,LS, CALIFORNIA, CALLING AND GIVING NOTICE OF 'TI� HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 6, 2007, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CTTIES. RESOLUTION NO. 1012: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 6, 2007. Minutes Ci�y Council Meeting 10/23/06 -2- RESOLUTION NO. 1013: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR � ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 6, 2007. Interim City Manager Dahlerbruch provided the information contained in the staff report. He reported that the attached resolutions would establish the election that will be held in the City in March, 2007. Hearing no discussion, Mayor Lay called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution Nos. 1011, 1012 and 1013. Councilmember Hill seconded the motion which carried unanimously by those Councilmembers in attendance at the meeting. CONSIDERATION OF ALLOCATION OF THE CITY OF ROLLING HILLS TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3, BICYCLE AND/OR PEDESTRIAN FUNDS. Interim City Manager Dahlerbruch presented the information contained in the staff report including the requests from Rancho Palos Verdes and Rolling Hills Estates that the City of Rolling Hills allocate the TDA Arkicle 3 Funds for eligible projects in those cities. Hearing no discussion, Mayor Lay called for a motion. Councilmember Heinsheimer moved that the City Council allocate one half ($10,501) of the City of Rolling Hills TDA Article 3 Transportation Funds to the City of Rolling Hills Estates and one half ($10,501) be allocated to the City of Rancho Palos Verdes for eligible projects in those cities. Councilmember Hill seconded the motion which carried unanimously by those Councilmembers in attendance at the meeting. CONSIDERATION OF A PROPOSAL FROM EROSION CONTROL SPECIALISTS FOR THE RE-WINTERIZATION OF THE POPPY TRAIL LANDSLIDE. Interim City Manager Dahlerbruch provided a sample of the green mesh material proposed for covering the black plastic. He also presented photographs of the material that had been placed on a slope the area of the realigned Poppy Trail. In response to Councilmember Pernell, Mr. Mike Reader, consulting geologist, explained the pins that keep this material in place on the hillside. Further discussion ensued regarding the proposal submitted by Erosion Control Specialists. ° Interim City Manager Dahlerbruch indicated the maintenance of the material was not included in the proposal. He explained that in the past Erosion Control Specialists had made repairs to the material as needed on a time and material basis. He suggested that the City Council may wish to consider a retainer agreement with Erosion Control Specialists for maintenance purposes. In response to Councilmember Pernell, Mr. Reader explained that due to storm winds that the material may loosen and that overtime deterioration of the UV material and sandbags may occur. He stated that he feels that the green mesh material provides for a more aesthetically pleasing view of the material from neighboring properties. Councilmembers discussed the idea of covering the existing plastic with new plastic material rather than removing the existing plastic. Staff indicated that this suggestion could researched with the contractor. Hearing no further discussion, Mayor Lay called for a motion. Councilmember Heinsheimer moved that the City Council accept the proposal from Erosion Control Specialists and approve the agreement between the City of Rolling Hills and Erosion Control Specialists for the re-winterization of the Poppy Trail Landslide and direct that staff work with Erosion Control Specialists to determine whether the existing black plastic covering could be utilized in order to save costs. Councilmember Pernell seconded the motion which carried unanimously by those Councilmembers in attendance. OPEN AGENDA- APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. Minutes Ci�y Council Meeting 10/23/06 -3- MATTERS FROM MEMBERS OF THE CITY COUNCIL I None. MATTERS FROM STAFF REQUEST FOR NEWSLETTER ARTICLE INVITING DONATIONS TO BENEFIT THE NEALIS CHILDREN AND FOR CITY TO ESTABLISH A TEMPORARY ACCOUNT TO HOLD THE DONATTONS. City Attorney Jenkins provided a brief report regarding residents that had expressed a desire to make a contribution on behalf of the Nealis children and whether the City would temporarily administer such a fund and advertise it in the Citywide Newsletter. Mrs. Leslie Stetson expressed that she had been approached by several residents who wished to contribute to a fund for the Nealis children. She indicated that she has spoken with the Mrs. Nealis' mother who indicated that Mrs. Nealis would not object to such a fund being initiated. Councilmembers discussed the issue and suggested that the fund be established for 6 months. Hearing no further discussion, Mayor Lay called for a motion. Councilmember Heinsheimer moved that the City Council direct staff to open and administer an account for donations received for the Nealis family for a 6 month period and to place an article in the Citywide Newsletter advising the community of this account. Councilmember Hill seconded the motion which carried unanimously by those Councilmembers in attendance. MA'I9I'ERS FROM THE CITY ATTORNEY APPROVAL OF AN AGREEMENT FOR AN INTERIM CITY MANAGER. City Attorney Jenkins presented the agreement between the City of Rolling Hills and the City of Beverly Hills for utilization of Anton Dahlerbruch as the Interim City Manager for the City of Rolling Hills. Councilmember Hill moved that the City Council approve the agreement for an Interim City Manager. Councilmember Pernell seconded the motion which carried unanimously. Councilmember Pernell commended the City Attorney for his services as the Acting City Manager and for his efforts in obtaining an Interim City Manager is such a short period of time. , 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. G.C. 54956.9(a) Hui-Tse Sheen, Individual, Plaintiff, vs City of Rolling Hills, Rolling Hills Community Association, et. al., Los Angeles County Superior Court, Case No. YC051963. Anticipated Litigation: G.C. 54956.9(b) A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City. Claim Submitted by Zaffar & Teresa Hassanally, 6 Poppy Trail, Rolling Hills, California. Claim Submitted by Robert M.Jonas, 3 Poppy Trail, Rolling Hills, California. Claim Submitted by Donna Freeman, 10 Poppy Trail, Rolling Hills, California. Minutes Ci Council Meeting 10�23/06 -4- Claim Submitted by Ron Sommer, 2 Poppy Trail, Rolling Hills, California. Claim Submitted by Mr. & Mrs.John Lacey, 7 Poppy Trail, Rolling Hills, California. Claim Submitted by Mr. & Mrs. Ramakrishna Reddy, 11 Poppy Trail, Rolling Hills, California. Conference with Real Property Negotiator Government Code Section 54956.8 Property Address: Los Angeles Assessors Parcel # 7574-020-900 - City Negotiator: City Manager Negotiating Parties: County of Los Angeles Under Negotiation: Price and Terms of Payment Public Employment Government Code Section 54957 Appoint Posikion-City Manager , No closed session was held. AD,JOURNMENT Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 8:15 p.m. to an adjourned regular meeting of the City Council scheduled to be held on Monday, November 13, 2006 beginning at 5:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, 9 k...�,� Marilyn Kern Deputy City Clerk Approved, . Allen Lay Mayor Minutes Ci Council Meeting 10 f 23/06 -5-