2/24/1986260
'_'MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
February 24, 1986
A regular meeting of the City Council of the City of Rolling Hills
was called to order at the Administration Building, 2 Portuguese Bend
Road, Rolling Hills, California by Mayor Heinsheimer at 7:30 p.m.
Monday, February 24, 1986.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
CONSENT CALENDAR
Councilmembers Leeuwenburgh, Murdock, Pernell
Swanson, Mayor Heinsheimer
None
Terrence L. Belanger
Michael Jenkins
L. D. Courtright
June Cunningham
Capt. E. Omohundro
A. G. Keene
M. Murphy
H. Kondo
J. Faris
A. LaJeunesse
J. Michota
D..McHattie
Mr. & Mrs. J. Cross
L. Lusk
City Manager
City Attorney
City Treasurer
City Clerk
Sheriff's Lomita Station.
L. A. County Geologist
L. A. County Dept. Public Works
L. A. County District Engineer
Los Angeles Times
Palos Verdes Peninsula Dews
Observer
South Bay Engineering Corp.
Residents
Resident
Councilwoman Swanson moved that the Consent Calendar be approved
as submitted. The motion was seconded by Councilwoman Leeuwenburgh
and carried unanimously.
APPROVAL OF MINUTES
Minutes of a regular meeting on February 10, 1936 and an adjourned
meeting on February 14, 1986 were approved and accepted as presented.
FINANCIAL STATEMENT
The Financial Statement for January 1986 was approved and accepted
as presented.
PAYMENT OF BILLS
Councilwoman Swanson moved that Demands No. 1176 through 1199
in the amount of $15,027.28 be approved for payment from the General
Fund, and that Demand No. 1192 in the amount of $938.09 be approved
for payment from the Fire and Flood Self Insurance Fund. The motion
was seconded by Councilwoman Leeuwenburgh and carried unanimously.
PAYMENT OF DEMANDS
The City Manager reported that two warrants had been held from
previous meetings, and he recommended that Demand No. 1101 in the
amount of $1,000 be paid to Site Schemes as a deposit on benches for
the tennis courts, with the understanding that the Tennis Club will
assume the balance of the amount due, and that Demand No. 1106 in.
the amount of $6,879.72 be approved for payment to Traffic Operations,
explaining that the amounts had been verified by Tom Brohard of Will-
dan and Associates, the City's traffic consultant. In discussing the
recommendation Councilman Pernell suggested that the allocation of
funds from the Recreation Budget to the Tennis Club be reconsidered
because of the unexpected expenditure for safety measures :as a re duA t
of the recent safety analysis of recreational facilities. Council-
woman Murdock suggested that the Tennis Club could be asked to re-
imburse the City for the amount previously committed for the benches.
A motion to approve the demand.No. 1106 and hold Demand 111o. 1101'was
made by Councilman Pernell, seconded by Councilwoman Leeuwenburgh and
carried unanimously.
261
February 24, 1986
HEAPING ON APPEAL, ZONING CASE NO. 323, MR. AND MRS. PAUL LUPO 44
The City Manager advised the Council that a public hearing on.an
appeal by Mr. and Mrs. Paul Lupo, 4 Georgeff Road., on the denial by
the Planning Commission of their request for a Conditional Use Permit
for a tennis court on Lot 192B -1 -MS, has been scheduled for 8:00 p.m.
Mr. Belanger said the applicants had written a letter advising the
Council that they wished to submit a revised plan for the tennis court
that they feel may satisfy the concerns of the Planning Commission. It
was the Manager's recommendation that the Mayor open the public.hearing
at the appropriate time in the meeting and take one of three actions:
a) set another hearing to consider the new plans and/or information;
b) refer the new information and plans to the Planning Commission; or
c) affirm the Planning Commission's recommendation .for denial. The
Mayor said the public hearing would be held At 8:00 p.m. as scheduled.
STATUS OF MUNICIPAL LIABILITY INSURANCE 75
The Manager said there is nothing new to report on the status of
municipal liability insurance. He is investigating the possibility
that Rolling Hills might be elegible for inclusion in the Joint Powers
LD Insurance Authority in the Coachella Valley, and he has advised Marsh
(J) McLennan that the City is interested in participating in a state-wide
LjL joint powers authority. Mr. Belanger said that as requested by the
m Council, the item would be included on the Council's agenda for regular
Q reports on the municipal liability insurance.
Mr. Lowell Lusk, a member of the Board of Directors of the Rolling
Hills Community Association, advised that the Community Association has
reopened the tennis courts and Caballeros Ring, and requires execution
of a waiver by persons using the facilities. Mr.. Lusk sa d.the recom-
mendations made in a safety analysis have been implemented. The screens
for the tennis club will be installed, and the Tennis Club has offered
to assist in paying for them. He explained that one item of concern
is use of the facilities without supervision, and he said an adult is
required to be on the tennis court when minors are playing. With re-
gard to the riding ring, he explained that it is open only for certain
hours, and a guard provided by the Rolling Hills Community Association
is on duty at the site during those hours, fulfilling the requirement
for adult supervision.
STATUS OF FLYING TRIANGLE
Intergovernmental Assistance
The City Manager reported that there is no new information on
possible financial assistance .from the State in the -Flying Triangle.
area. Mr. Belanger said that in an effort to obtain Federal assist-
ance, a member of Congressman Lungren's staff contacted the Army's
Corps of Engineers. The Manager said he was advised that technical!
assistance in the form of evaluation and information may be available,
but that no money could be allocated to the City.
Los Angeles County Services
The City Manager advised the Council that representatives of Los
Angeles County Engineer, Department of Public Works and Geology are
present at the meeting, and will make a presentation to the Council
following a public hearing on the Lupo appeal.
HEARING ON APPEAL, ZONING CASE NO. 323, MR. AND FIRS. PAUL LUPO 380
Mayor Heinsheimer opened a public hearing on an appeal .filed by
Mr. and Mrs. Paul Lupo, 4 Georgeff Road, of the denial by the Plan-
ning Commission of a request for a conditional use permit for con-
struction of a tennis court on their property, Lot 192B -1 -MS. The
Clerk reported that the hearing was duly noticed as required by law,
and that Mrs. Joan Saffo, 1 Crest Road Fast, called to reiterate her
objection to the request,.which she had previously expressed when
the original application was filed. The Manager said communications
expressing approval and objection by residents are part of the file.
A letter dated February 20, 1986 from Mr. and Mrs. Lupo requested
that the matter be referred back to the Planning Commission for
-2-
262
February 24, 1986
review of a revised plan. Mayor Heinsheimer invited comment from
persons present at the hearing.
Mr. David Breiholz, 6 Upper Blackwater Canyon Road, asked that
the denial by the Planning Commission be upheld because of the impact
of the proposed tennis court on the trails. Mr. Breiholz said that
speaking as a member of Caballeros, he would like to see a plan for
re-routing of an established trail around the tennis court, grading,
and what would happen to the trail that is presently on the Lupo
property, rather than in a trail easement. The Mayor said the con-
cerns. expressed by Mr. Breiholz would be noted in the minutes and
forwarded to the Planning Commission.
Councilwoman Murdock asked whether the matter could be returned
to the Planning Commission without waiting for one year. The City
Attorney said it is unusual for an appellant to appeal a decision
and submit a new plan simultaneously. Mr. Jenkins said the Council
can refer the revised plan to the Planning Commission without comment.
Councilwoman Swanson asked whether the applicant should be advised
to apply for a variance because of the location of the proposed court.
Councilwoman Murdock said the Council has not seen the revised plan,
and does not know the location proposed. The City Manager said the
Planning Commission will hold a "hearing de novo" and will consider
only the revised plan and comments made by Mr. Breiholz, which have
been directed to the Commission. Mayor Heinsheimer closed the public
hearing on the appeal.
Councilman Pernell moved that the City Council refer the re-
vised plan for a tennis court on Lot 192B -1 -MS located at 4 Georgeff
Road, to the Planning Commission. The motion was seconded'by Coun-
cilwoman Leeuwenburgh and carried unanimously.
LOS ANGELES COUNTY SERVICES - FLYING TRIANGLE 510
The City Manager reported that pursuant to a request by members
of the City Council at their last meeting, he invited representatives
of Los Angeles County to address the Council on the Flying Triangle,
particularly with reference to geology, engineering and flood control
structures in the Flying Triangle. Mr. Belanger introduced Art Keene,
County Supervising Engineering Geologist; Harry Kondo, Building f,; Safety
official and District Engineer, and Martin Murphy, City Services repre-
sentative from the County of Los Angeles, who were present to respond
to questions from the Council regarding the Flying Triangle landslide..
The Manager said items to be specifically addressed include: a) The
continuing use of septic tanks and seepage pits in the Flying Triangle;
b) a proposal made by Dr. F. W. Hartwig, 3 Pinto Road; c) Sloughing of
material in Paintbrush Canyon and possible solutions for the problem;
d) discussion of a process for notifying residents of homes which are
threatened by the inexorable movement; and f) discussion with County
representatives a process for abating slabs of homes which have been
removed so that remedial measures may be taken, specifically for
structural rehabilitation of Portuguese Bend Road, in the event the
road has to be re-routed over private property.
Mr. Keene posted a map .of the area, and said the slide is moving
faster; he showed the direction and current boundaries. Mr. Keene said
there has been a noticeable change in the past week following heavy
rains, and the scarp is cleanly defined at 2 Pinto Road. Mr. Keene
said the slide known as the Flying Triangle East segment of the Flying
Triangle landslide has developed rapidly, cut across the ravine and
has moved into Klondike Canyon, resulting in several fractures which
he has measured. Mr. Keene said the slope indicators confirm the
movement. It was his recommendation that the City require that all
seepage pits and cesspools in the Flying Triangle be eliminated, and
that all residents in that area be required to install tanks for on-
site sewage disposal. Mr. Keene said he also made the recommendation
in his letter dated February 19, 1986 to the City Manager. The pro-
cedure for implementing Mr. Keene's recommendation was discussed.
The City Attorney said a letter should be sent to the affected resi-
dents, notifying them that they are required to install above -ground
systems. A public hearing would have to be scheduled for those resi-
dents who do not comply, and the Council would then declare existence.
of a public nuisance. Councilman Pernell asked what findings would
-3-
263
February 24, 1968
be required for such an action. Mr. Jenkins said testimony by Mr.
Keene would be sufficient.
Mayor Heinsheimer-thanked Mr. Keene, and invited Mr. Kondo to
comment. Mr. Kondo said he has monitored the Flying Triangle at
least once each week, checking on condition of structures, espe=
cially the Hartwig, Dessy, Kelly, Raine and Tielens, which are the
most critical at the present time. He said efforts are being made
on the Hartwig, Dessy, Raine and Tielens property to rehabilitate
the residences to make them habitable; the Hartwig property has
been completed and is occupied. He said the Dessy property is
nearly complete and ready for occupancy. The Kelly property is in
good condition in the part that is being occupied, but the back
half of the house is completely down. Dr. Kelly is permitted to
occupy the undamaged half of the house. The Raine residence is
being rehabilitated and is nearing completion; but is not ready to
be occupied.Rehabilitation of the Tielens property is being done
in an entirely different method, and is approximately 75% completed:
Mr. Kondo explained that the first three houses were jacked up on
beams; the Tielens residence has been excavated under the slab and
LO an effort is being made to lower the residence.to make it stable.
He said the driveway on the property shows extensive cracking.
LL Councilman Pernell said it is his understanding that three of
m the homes are on floating foundations., and Mr. Tielens' home is not.
Mr. Kondo said that is correct. Councilman Pernell asked whether
horizontal displacement is monitored. Mr. Kondo said it is not,
and there has not been any effort to determine whether the homes
that have been rehabilitated are still actually on the owners'
property. Councilman Pernell asked whether the soil which has been
excavated from the Tielens' property is a potential threat with re-
gard to sloughing into Paintbrush Canyon. Mr. Kondo said it could
be, but at present the soil has been deposited on the Tielens proper-
ty. He said the soil could be removed, to eliminate the weight from
the landslide area,. but it would.be very costly.. In response to a
request for an opinion, Mr. Keene said he does not consider it a
reasonable request, and would.suggest that the soil be spread out
on the property, especially in the corral area.
With regard to the recommendation that seepage pits and septic
tanks be eliminated, Mr. Kondo said it is important that once they
have been abandoned they be properly filled to eliminate.a hazard.
He explained that in a constantly moving area there is a danger
that they could break open, causing a hazard, and the Building Code
requires that they be abandoned in a proper manner. Councilwoman
Swanson asked whether efforts should be made to curtail watering in
the area. Mr. Keene said vegetation should be permitted to grow
since it helps. cut down erosion;. and .the amount of ,waver. Antr.oduced.,
is minimal, compared to introduction of water .from domestic uses.
Disposal of sewage is most critical, since there is no opportunity
for evaporation. He said most of the water applied to the surface
returns to the atmosphere. Farming operations would not be allowed,
Mr. Keene said.
Mr. Murphy said that he would like to state for the record
that he, Mr. Keene and Mr. Kondo all work for the Department of
Public Works, although in different divisions. He said he agreed
with the statements and recommendations made by Mr. Keene and Mr.
Kondo. He said the Department of Public Works will assist the -
City if requested to doso, and can do a survey. He suggested the
Council decide whether it is worth the money it would cost the City.
Mr. Murphy suggested that the City Council follow Mr. Keene's recom-
mendations regarding on-site disposal, saying they are complete and
will benefit the City.
Mayor Heinsheimer asked Mr. Keene whether utilities in the
Flying Triangle are routed satisfactorily. Mr. Keene said he has.
been monitoring the above ground installation of water and gas
lines, and the City Manager reported that Southern California
Edison Company personnel monitor the poles, some of which have been
relocated. Councilwoman Swanson said she would like to ask some
questions in a closed session, and with concurrence of other Council
members, Mayor Heinsheimer said the meeting would recess to a closed
-4-
5TM
:4,12
February 24, 1986
session.
The City Attorney recommended that the':Council cd.nsider directing
staff to report to the Council on possible re -institution of proceedings
for establishing an abatement district for the Flying Triangle area,
in view of recent efforts by the City Manager to -obtain funding, and
efforts at rehabilitation made by some of the residents. The Mayor
and Council agreed, and Mayor Heinsheimer asked staff to make a brief
update report to the Council, advising procedures and schedules for
establishing of a district. Councilwoman Murdock asked that the pro-
cedures include what steps will be'taken to educate residents in the
area of the benefits and advantages of a district. With regard to Mr.
Keene'.s recommendation for abandonment of seepage pits and cesspools
and installation of on-site sewage disposal, Mr. Jenkins said the con-
cept of education of residents proposed by Councilwoman Murdock would
be of value, and he suggested that the recommendation-andmeed for com-
pliance be presented to the. affected residents in --.a lefter,,and to-,thev-
community--,in.-.,-A'form'ofcommunity outreach, possibly at a meeting.
In summary Mayor Heinsheimer said the Council has been advised of
three slides in the Flying Triangle: the Paintbrush Canyon slide; a
small slide in the vicinity of the Hartwig and Dessy properties, and
the main mass or Klondike Canyon slide, which at presentismoving
slowly, and may be helped by elimination of introduction of sewage,
since drying the ground may have a positive effect. Mr. Keene
agreed, and said this is an appropriate time for the Council to act.
The City Attorney recommended that the Council -direct staff to start
the process, with the initial step a letter of explanation to the
affected residents. Mayor Heinsheimer asked that staff act -with
deliberate speed to take action that will result in all properties
in the Flying Triangle, without exception, converting to holding
tanks within a reasonable period of time.. Councilwoman Swanson said
the residents may wish to cooperate in any effort that would slow
the slide; she suggested that the City Manager attempt to find a
less costly method than installation of holding tanks, with the
additional expense of pumping. She -said a new technique may have
been developed since the last properties were required to install
holding tanks. Councilman Pernell asked that the City Manager be
requested to report to the Council on the method of informing the
residents in the area at the next meeting.
Councilman Pernell moved that staff be directed to implement
the County's recommendation regarding elimination of influx of
sewage into the Flying Triangle, and to report to the Council on
the matter at the next meeting, advising -the Council of actions
which might be necessary in cases ofnoni-compliance on a voluntary
basis. The motion was seconded by Councilwoman Swanson and car-
ried unanimously. The City Attorney suggested that Mr. Keene and
Mr. Kondo be asked to provide any additional input that would be
of help to the Council. Councilwoman Murdock suggested that the
Managet, attempt to obtain information from the County to be provided
to residents to assist in the conversion.
Councilman Pernell said another item to be considered is removal
of foundations on property where residences have.been razed, and he
asked Mr. Murphy to advise the Council. Mr. Murphy said rehabilita-
tion and removal of the residence is the responsibility of the owner,
and if the Council wishes to have removal completed and the owner
does not comply, a lien can be placed on the property. Mr. Kondo
said some slabs have been permitted to remain in An effort to::pro
pro-,
vide stability, and because of the problems of bring in the equipment
needed to remove them. He said the'-.Evans'_-�slab is '12 inches thick,
with steel reinforcing bars at at the surface and at the bottom of
the slab, spreads the load evenly and reduces the pressure on the
land. Mr. Kondo said loose debris, rocks, bricks, lumber etcetera
should be removed, and the owner should be asked to cooperate with
this request. The City Manager said the concern about slabs re-
maining is because of the possibility that Portuguese Bend Road may
be relocated, and concrete structures, including slabs, could im-
pede the relocation, since it may involve location of the roadway
on private property. Councilman Pernell suggested.that the Council
ask staff to provide a more detailed definition of the problem at
the next meeting, with possible solutions and priorities. The City
-5-
L0
LJLm
Q
1
February 24, 1986
Manager said a matter of prime concern is the ability to get fire
apparatus into and out of the Flying Triangle, and the City may
have to act to ensure that emergency service can be provided south
of the intersection of Portuguese Bend Road and Ranchero Road.
Mayor Heinsheimer said the previous posture of the Council was to
consider removal of slabs on a case by case basis., and where it was
demonstrated that the removal could adversely affect stability, the
slab was permitted to remain. Councilman Pernell said this was the
basis of his recommendation that the Manager be asked to define the
problem and offer recommendations and timetables; for a solution.
265
Mayor Heinsheimer thanked the County representatives, on behalf
of the Council, for their appearance at the meeting and advice to
the Council.
GEOLOGICAL FIELD TRIP
Mr. Keene said a geological field trip has been scheduled for
Saturday, March 29, meeting at Crest and Portuguese. Bend Road, and
proceeding on foot for two miles through the Flying Triangle to
Flat Top, then through the Portuguese Bend landslide. Members of
the Council were invited to participate. Mr. Keene said he would
advise the City Manager of the time.
MATTERS FROM THE CITY COUNCIL
JOINT MEETING WITH BOARD OF DIRECTORS
Councilwoman Leeuwenburgh said it has been customary for the
Council and Board of Directors to meet on the. fifth Monday of the
month, and she asked whether such a meeting will. be scheduled in
March. The Mayor said a note of the calendar would be made, and,
a decision can be made later.
PROCESS FOR NOTIFICATION OF RESIDENTS
Councilwoman Murdock asked the City Manager whether he had
developed a process for notification of residents whose. homes may
be threatened in the landslide area.. Mr. Belanger said his .direc-
tion was to use whatever method was used on previous occasions,
since several homes have been razed, requiring notification of the
residents.
ROOFING REQUIREMENTS:.'FIRE RETARDANCY '.1470
Councilman Pernell asked that staff review, the City's ordinance
with relation to fire retatdancy requirements, and report to the
Council.
EMERGENCY PROCEDURES
Councilwoman Swanson asked that the City Manager u13.date the
Council on the City:'s emergency preparedness procedures.
RECESS TO CLOSED SESSION 1486
- Mayor.Heinsheimer recessed the meeting to a closed session at
9:20 p.m.
ADJOURNMENT
The meeting was reconvened at 10:40 and was adjourned to Monday,
March 10, 1986 at 7:30 p.m.
APPROVED:
Mayor
city Cl