May 20, 2002
BEGINNING OF CITY COUNCIL AGENDA
This agenda has been prepared to provide for the orderly progression of City business. Detailed staff reports on specific items are posted in the hallway for public viewing. The City Council wants to hear your comments, however, to run the meeting efficiently, please observe the following rules when you participate in the meeting.
Please try to submit your REQUEST TO ADDRESS THE CITY COUNCIL form to the City Clerk prior to the start of the meeting. You will be called at the appropriate time to make your remarks.
For the sake of efficiency, the City Council agenda is divided into several sections:
Consent Calendar: This section consists of routine items which, unless a request has been received from the public, council or staff to remove a particular item for discussion, are enacted by one motion of the City Council. If you wish to speak to any Consent Calendar item(s) you will be limited to three minutes.
Public Hearings: This section is devoted to noticed hearings. Although the normal time limit is three minutes for each speaker, the Mayor may grant additional time to a representative speaking for an entire group; however, this should not discourage anyone from addressing the City Council individually.
Regular Business: This section contains items of general business and you will be allowed three minutes to speak on any item.
Public Comments: This part of the agenda is reserved for making comments on matters which are NOT on the agenda. If you have submitted a request to speak, you will be called by the City Clerk at the appropriate time and you may speak for up to three minutes. Please limit your comments to matters within the jurisdiction of the City Council. Due to State law, no action can be taken on matters brought up under Public Comments. If action by the City Council is necessary, the matter may be placed on a future agenda or referred to staff, as determined by Council.
Please make your remarks at the lectern microphone and direct your comments to the City Council and not to the staff or the public.
Conduct at the Council Meeting: The City Council has adopted a set of rules for conduct during City Council meetings. The following is an excerpt from those adopted Rules of Procedure:
Section 6.3 The Mayor shall order removed from the Council Chambers any person(s) who commits the following acts at a regular or special meeting of the City Council:
1. Disorderly, contemptuous or insolent behavior toward the Council or any member thereof, tending to interrupt the due and orderly course of said meeting.
2. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting.
3. Disobedience of any lawful order of the Mayor which shall include an order to be seated or to refrain from addressing the Council.
4. Any other unlawful interference with the due and orderly course of the meeting.
ADJOURNED REGULAR MEETING
MONDAY, MAY 20, 2002 @ 7:00 P.M.
FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD
CALL TO ORDER:
APPROVAL OF AGENDA:
RECESS TO CLOSED SESSION:
(PLEASE SEE BROWN ACT CHECKLIST BELOW FOR DETAILS).
CLOSED SESSION REPORT:
1. Review of Geologic and Geotechnical Data for Zone 2. (Evans)
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CITY MANAGER
DATE: MAY 20, 2002
SUBJECT: REVIEW OF GEOLOGIC AND GEOTECHNICAL DATA FOR ZONE 2
Accept the conclusions of the Cotton, Shires & Associates, January 14, 2002 Technical Review that:
Continue to deny requests for development permits for new homes in the Zone 2 area of the Portuguese Bend landslide based on the current lack of evidence that the subject land has a factor of safety of 1.5 or greater, unless an applicant submits a complete Landslide Moratorium Exclusion application that is supported by adequate geologic data.
At their October 16, 2001 City Council meeting the Council postponed a previously scheduled adjourned meeting set for October 30, 2001 at which time they had planned to consider the September 12, 2001 Zone 2 Technical Review
by Cotton, Shires & Associates. The reasons for the postponement were as follows:
The Council agreed that the meeting would be re-scheduled at such time as our consultant, Cotton, Shires & Associates, advised us the report and responses to comments were complete.
Other Significant City Council Action:
At their April 17, 2001 meeting the City Council took the following action:
At their October 16, 2001 meeting the City Council took the following additional action:
Since October 16, 2001 Cotton, Shires & Associates have completed work on the final draft of a Technical Review of Geologic/Geotechnical Data for the Abalone
Cove Landslide and Zone 2 Areas. Copies of the Report are available both on the City website and in hard copy from City Hall.
The January 14, 2002 Cotton, Shires & Associates Technical Review consists of a fourteen page narrative of their findings and conclusions and eight appendices.
Appendix A of the Report includes the references considered by Cotton, Shires & Associates in performing their review. Note that Dr. Perry Ehligís files were reviewed in their entirety.
Appendix B of the Report is a summary of all the "borehole" data developed over the years by various geotechnical firms working in the vicinity of Zone 2.
Appendix C is a copy of the proposal for Geotechnical Services submitted by Cotton, Shires & Associates describing the work performed in the Zone 2 geotechnical review.
Appendix D is the City Council staff report approving the Professional Services Agreement with Cotton, Shires & Associates.
Appendix E is a copy of the May 26, 1993 memorandum from Perry Ehlig, subject: "Suggested Guidelines for Permitting Development in the Moratorium Area."
Appendix F of the Report includes the significant correspondence (as determined by Cotton, Shires & Associates) received by interested parties including geologists and local residents. Included is the October 11, 2001 letter and a lengthy geologistís opinion on the Zone 2 issues from Perona Langer Beck and Lallande (attorneys for the original Horan litigants).
The City Council, last Spring, formed a Zone 2 Geology Committee made up of geologists from Cotton, Shires & Associates and Keith Ehlert, Monte Ray and Dr. Kim Bishop (the Peer Review Geologists). This group of geologists met four times last year, in public sessions, to discuss Zone 2 issues and share information. Minutes of those meetings are attached. On October 17, 2001, two of the Peer Review Geologists (Ehlert did not participate) submitted comments on the Cotton, Shires draft report dated September 12, 2001. Those comments have been addressed in Appendix G of the January 14, 2002 Report.
Appendix H of the January 14, 2002 Report is a response to questions on the September 12, 2001 draft report raised by Mayor Pro Tem Stern.
ADJOURNMENT: Adjourn to May 21st at 6:00 P.M. at Hesse Park to interview candidates for the Equestrian Committee chair.
CLOSED SESSION AGENDA CHECKLIST
on Government Code Section 54954.5
CONFERENCE WITH LEGAL COUNSEL
The City Council/Agency finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation.
Based on the below-described existing facts and circumstances, the City Council/Agency is meeting only to decide whether a closed session is authorized.