8/11/1986I
MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
August 11, 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 Pernell
at 7:30 p.m.,.Monday, August 11, 1986.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
APPROVAL OF MINUTES
Councilmembers Heinsheimer, Leeuwenburgh,
Murdock, Swanson, Mayor Pernell
None
Terrence L. Belanger
Michael Jenkins
Ginger Blake
Leah Jeffries
Capt. Omohundro
Diana Chapman
Douglas McHattie
Art Keene
Pam Lacey
Joel Gumbiner
Kathryn Stone
Robert Earle
Mr. & Mrs. jankovich
Dr. & Mrs. Hoffman
Dr. Fritz Hartwig
Joan Perkins
Cesar Inducil
Virginia Doak
Ingrid Mitchell
William Cross
Peter Lewine
J.R. Johnson
Ann Carley
Elsa Pederson
Betsy Raine
Damoder Reddy
Herb Agid
Mr. & Mrs. Thomas Weiner
City Manager
City Attorney
Secretary
Los Angeles County
L.A. County Sheriff
Daily Breeze
So. Bay Engineering
L.A. Co. Geologist
Attorney
Attorney
Attorney
Architect
Residents
323
The minutes of a meeting on July 28, 1986, were approved
and accepted as presented on a motion made by Councilwoman Swanson,
seconded by Councilwoman Murdock and carried unanimously.
PAYMENT OF BILLS
Demands No. 1521 through 1526, and 1528 through 1536, and
1538, and 1540 through 1545 in the amount of $18,806.33 were
approved for payment from the General Fund; Demands No. 1527,
1537 and 1539 were approved for payment from the Municipal Self
Insurance Fund, in the amount of $4,068.16, on a motion made by
Councilwoman Swanson, seconded by Councilwoman Murdock, and carried
unanimously.
PUBLIC HEARING, ZONING CASE NO. 328, 977
The city Manager reported that the Rolling Hills Planning
Commission approved variance Application No. 328 for Mr. Tom
Jankovich, 35 Saddleback Road. The Variance requested an
encroachment into the 50 foot front yard setback,- of 22 feet.
The Variance would allow the applicant to build a portion of a
residential structure 22 feet into the front yard setback.
August 11, 1986
324
The Variance Application
Council at its July 14, 1986
Council called -up the Variance
took jurisdiction of Zoning
for Zoning Case No. 328 was
for August 11, 1986.
approval was reviewed by the City
meeting. At that meeting, the City
Application for review, and thereby
Case No. 328. The Public Hearing
duly noticed, as required by law,
The City Manager displayed the plot plan, and briefly
explained that the applicant's request was related to the possible
impairment of full utilization of the property due to its
configuration and topography. The current house is 3,500 square
feet, and the proposed house is approximately 8,000 feet.
Mayor Pernell opened the public hearing, and invited the
applicant to make a presentation to the Council. Mr. Tom Jankovich,
35 Saddleback Road, stated that he had retained the services of
Kathryn Stone, Attorney with Stone, Burke, Williams and Sorenson;
Robert Earle, Architect with Robert Earle and Associates; and
Douglas McHattie, Engineer with South Bay Engineering; to assist
with any questions that the Council may have. Mr. Jankovich stated
that he purchased the property in May, and while it was in escrow,
he found that it would be necessary to do some extensive remodeling.
It was at this time that he spoke with Mr. McHattie and Mr. Belanger
and discovered he would need a Variance. Mr. Jankovich stated
that he has complied with all requests from the City and the Rolling
Hills Community Association. Mr. Jankovich also stated that he
wanted to clarify the demolition permit he received. It was
requested by the Edison Company in order for a temporary power
pole to be installed at the job site. Only the garage and a portion
of the home will be removed. Robert Earle stated that the applicant
purchased the home with the swimming pool and tennis court with
the intention of doing some remodeling. Due to the unstable soil
condition of the lot, it is necessary for the proposed development
to remain as designed. Mr. Earle also pointed out that the front
portion of the house, the entrance doors, the front first walls,
right side of the house, leaving all the pools and deck area are
left intact. The same alignment will be held for the front walls
of the house, the entry porch coming in the front door, and the
side of the house will be left intact. The existing fence that
is projecting into the existing setback at the present time is
8 feet high, and is identical to the house wall construction. It
is the applicant's desire to keep this wall. Mr. Earle presented
pictures to Council showing the wall.
Kathryn Stone, attorney, stated that the applicant is keeping
the existing foundation, keeping an existing wall, and is keeping
the same front setback line. The building will be back further,
and the garage will be removed. There will be no more setback
intrusion than there is now. The hardship, for Mr. Jankovich,
is due to the fill pad and it would be very difficult to move
the swimming pool; or the other recreational facilities. Therefore,
the architect had to design around the facilities, and the only
place to put the facilities to serve the pool area are in front
of the existing wall. The wall is also necessary for privacy
and security. Mayor Pernell asked if it was necessary for the
wall to be 13 feet high. Mr. Earle stated that the wall is only
8 feet high; and 13 feet high from the top of the roof line to
finished grade.
Mrs. Carol Hoffman, 3 Hillside Lane, stated that after meeting
the Jankovich family, and visiting their present home, she feels
that the family would be an asset to the community, and, their
home would be physically appealing.
K
325
August 11, 1986
Mayor Pernell closed the public hearing. Councilman
Heinsheimer stated that the presentation and the review of the
area made him feel that the applicant had met the criteria for
the granding of a Variance.
Councilman Heinsheimer moved that Zoning Case No. 328,
(Jankovich), a Variance Application for front yard encroachment
be approved, seconded by Councilwoman Leeuwenburgh.
Councilwoman Murdock stated that she felt the Council should
make a field trip to the site. Councilman Heinsheimer stated
that the public hearing had been noticed, and there had been no
negative comments received, and he felt comfortable with approving
the applicant for Variance, at this time.
Councilwoman Leeuwenburgh stated that if a field trip is
in order, a possible delay of 2 weeks should not affect the project.
Mayor Pernell indicated that the Council would like to see where
the fence is, how high, and its configuration, and also requested -
the applicant to provide survey flagging or staking. Mr. Jankovich
stated that the staking is in place.
Councilwoman Swanson made a substitute motion that the Council
make a field trip to the Jankovich property at the earliest
convenient date, and that the public hearing remain open to the
next -regular meeting. The motion was seconded by Councilwoman
Murdock.
AYES: Councilmembers Leeuwenburgh, Murdock, Swanson
Mayor Pernell
NOES: Councilmember Heinsheimer
ABSNET: None
On the motion of Councilwoman Swanson, seconded by
Councilwoman Murdock, it was moved that the Council make a field
trip to the Jankofich property at the earliest convenient date,
and that the public hearing remain open to the next regular meeting.
AYRES: Councilmembers Leeuwenburgh, Murdock, Swanson
Heinsheimer, Mayor Pernell
NOES: None
ABSENT: None
The field trip will be
at 6:00 p.m. Mr. Jankovich
along with Mr. Earle to answer
was continued to the adjourned
on August 12, 1986, at 7:30 p.m.
STATUS OF FLYING TRIANGLE
held on Tuesday, August 12, 1986,
indicated that he would be there,
any questions. The public hearing
City Council Meeting, to be held
1360
Mr. Belanger explained that several meetings ago, staff
reported to Council the discovery of the expansion of the Flying
3
I . Mayor Pernell
asked how long the proposed construction would
take. Mr. Jankovich indicated approximately 8
months, and that
Co
they hoped to have
the new construction covered
before the rainy
LD
season.
(P
LL
CO
Councilwoman Swanson asked when the existing
was approved. Mr. Belanger stated that he had
item, and he was unable to find any records to
8 foot wall
researched this
indicate that it
<
had, been approved.
Mr. Belanger did note that
the decking was
completed in 1972.
Councilwoman Leeuwenburgh stated that if a field trip is
in order, a possible delay of 2 weeks should not affect the project.
Mayor Pernell indicated that the Council would like to see where
the fence is, how high, and its configuration, and also requested -
the applicant to provide survey flagging or staking. Mr. Jankovich
stated that the staking is in place.
Councilwoman Swanson made a substitute motion that the Council
make a field trip to the Jankovich property at the earliest
convenient date, and that the public hearing remain open to the
next -regular meeting. The motion was seconded by Councilwoman
Murdock.
AYES: Councilmembers Leeuwenburgh, Murdock, Swanson
Mayor Pernell
NOES: Councilmember Heinsheimer
ABSNET: None
On the motion of Councilwoman Swanson, seconded by
Councilwoman Murdock, it was moved that the Council make a field
trip to the Jankofich property at the earliest convenient date,
and that the public hearing remain open to the next regular meeting.
AYRES: Councilmembers Leeuwenburgh, Murdock, Swanson
Heinsheimer, Mayor Pernell
NOES: None
ABSENT: None
The field trip will be
at 6:00 p.m. Mr. Jankovich
along with Mr. Earle to answer
was continued to the adjourned
on August 12, 1986, at 7:30 p.m.
STATUS OF FLYING TRIANGLE
held on Tuesday, August 12, 1986,
indicated that he would be there,
any questions. The public hearing
City Council Meeting, to be held
1360
Mr. Belanger explained that several meetings ago, staff
reported to Council the discovery of the expansion of the Flying
3
326 August 11, 1986
Triangle landslide in the southeastern lobe, in Klondike Canyon.
At that time, it was reported that Art Keene, Los Angeles County
Geologist, would be preparing a report to the City Council,
detailing what he has observed, in this new discovery, and submit
to Council his impressions. That report had been received by
the Council on July 17, 1986. The report has subsequently been
distributed to all residents in the Flying Triangle. Hence, Art
Keene has been asked to be available for the residents of the
Flying Triangle to answer any questions they may have regarding
the report.
RECESS
Mayor Pernell recessed the meeting at 8:10 p.m.
MEETING RECONVENED
The meeting was reconvened at 8:20 p.m.
Mr. Keene stated that the Flying
what it was previously thought to be;
bring everyone up to date. Due to the
landslide has developed in to a larger
landslide along Ranchero Road extending
residence in to Klondike Canyon and across
as far south as the Livingston Quarry.
Triangle Landslide isn't
therefore, he wanted to
heavy rains of 1983, the
landslide, activating the
down beyond the Hartwig
the canyon, and expanding
No one had anticipated that the landslide would be this
large and extend as far south. In 1971, Mr. Lockwood and Mr. Singh
indicated that the slide was much smaller. We know that to be
incorrect at this time. They felt the slide was primarily effected
by weather. Between 1978 and 1984, the Los Angeles Basin
experienced the highest levels of rainfall since rainfall statistics
began to be kept (1890's). Mr. Keene displayed a map, prepared
by Mr. Eric Lindvall, geologist for the Rolling Hills Community
Association, which indicates the extent of the landslide as it
is known today.
-On May 1, 1986, it was discovered that there appeared to
be a new landslide activity on the east slope of Klondike Canyon
between the Livingston Quarry and just southeast of the residence
No. 74 Portuguese Bend Road. Further observations suggested that
this new scarp delineation was the east edge of the Flying Triangle
Landslide. The fissure along the scarp was deep, about 1 ' 0 to
12 feet or more. The trace of the fissure progressed down the
east slope toward the residence at No. 74 Portuguese Bend Road
on the west side of Klondike Canyon where it became obscure. Dense
shrubbery camouflaged the evidence. Careful excavation of the
debris revealed the actual slide plane about one foot above the
area filled with debris. It is felt that the slide plane revealed
on the west slope of Klondike Canyon below the Hartwig residence
must progress downstream and across outfall of the Little Klondike
Tributary. The Flying Triangle Landslide extends about 1,500
feet south of the Little Klondike Tributary. The toe of the slide
is just west of the Livingston Quarry. The slide plane is under
the Klondike Canyon inverse at an unknown depth.
Mr. Keene stated that the affect of groundwater on the
landslide must be understood. Contours of the slide's base must
also be determined. The mass of the slide must be calculated,
and its various directions of movement established. Groundwater
has been found in a spring in Klondike Canyon near the Livingston
Quarry. Mr. Keene indicates that recent erosion has not been
a factor in slide reactivation; however, groundwater has been
actively involved. .
Mr. William Cross, 63 Portuguese Bend Road, questioned Mr.
Keene's statement that the slide has been caused by water and
is excelerated by water. Mr. Keene said there is a very direct
4
0
F�
August 11, 1986
327
corollation between the movement and the water table. Mr. Keene
also stated that they found gypsum crystals in the slide, which
indicates previous long periods of dry and wet cycles, which is
needed to allow the formation of the crystals. Mr. Cross questioned
Mr. Keene, and asked if his contention that the slide is water
activated, why hasn't anything been done to do some de -watering,
like that which is being done in Rancho Palos Verdes?
Mr. Jenkins suggested to the Mayor that some ground rules
be established at this time: Mr. Keene is here to specifically
respond to the most recent developments in connection with his
observations about the size of the slide, and answer questions
concerning his letter of July 17, 1986, and not to discuss the
causation of the slide or past actions "taken, or not taken., as
respect to abatement of the slide. Any other questions should
be considered out of order.
Mr. Lewine, 74 Portuguese Bend Road, stated that everyone
is, aware of the litigation, and he didn't understand the City
Attorney's objection to their line of questioning. Mayor Pernell
CO stated that the Council would follow the advice of the City
LO Attorney, and make an effort to avoid questions, that pertain to
M the litigation.
L.L Mr. Jenkins directed Mr. Keene to limit his discussion to
the boundaries and status of the slide at the present time; and,
that comments should not contain conjecture concerning possible
remedies, or any comment on matters of causation.
Mr. Damoder Reddy, 68 Portuguese Bend Road, stated that
the report contained opinions on what could be done to stop the
slide, so he would like some explanation on the conclusions of
the report. Mr. Jenkins directed Mr. Keene to discuss elements
of the slide from a solely geological point of'view.
Mr. Keene replied that comparatively very little is known
about the landslides. The more known about it, the better the
possibility of being able to come up with a realistic solution,
which hopefully would stop the movement, not necessarily safe
to build on, but to stop it. That kind of information does not
exist yet. There is a possibility that the slide might be effected
by buttressing; however, thiswould-not be a valid approach until
a more complete understanding of the landslide's overall magnitude,
separated segments, and various directions of movement are
available.
Mr. Keene stated that ground water pumping had been suggested
at one time, but there were litigation problems. How do you get
rid of the water you pump out without creating a legal problem?
There is no place to put it.
Mrs. Sandra Weiner, 8 Flying Mane Road, reported that Rancho
Palos Verdes was pumping at one time - where were they pumping
it to ? The ocean? Mr. Keene reported that they owned their
own drainage, and they weren't disturbing anyone or anything. They
have free access. If we were to pump the area, we would have
no place to drain the excess water.
Mr. Fritz Hartwig, 3 Pinto Road, asked when more advice
and information will be available to the residents in the Flying
Triangle. Mr. Keene replied that he would not render advice unless
he had a basis for it, and he doesn't have any at the present
time.
Mrs. Betsy Raine, 71 Portuguese Bend Road, asked what kind
of tests are needed to find out what can be done to stabalize
the area, and how much would it cost? Mr. Keene replied that
exploration is very expensive, and one boring costs approximately
$50,000; many borings would be needed. Also slope indicators
would be valuable. Knowledge of the size, strength and water
load of the landslide must,
be determined before any mitigation
measure could be considered.
61
August 11, 1986
M
Mrs. Ingrid Mitchell, 70 Portuguese Bend Road, stated that
if the whole mass is full of water, where did it come from? Mr.
Keene replied that the majority of the water is from rain, and
the rainfall washing down the canyon. Approximately 40% goes
into the groundwater table.
Mr. Herb Agid, 60 Portuguese Bend Road, asked if hydrologists
have been called in to study the problem. Mr. Keene replied that
he is also a hydrologist, and that he works with engineers, in
calculating surface waters and streams volumes.
Mr. Hartwig asked what was the difference in height, between
the artesian well and the bottom of Klondike Canyon. Mr. Keene
replied that the spring was approximately 550 to 600 feet, and
up by the Wagner property, about 1,100 feet. There is about a
500-600 foot drop, and it can build up quite a bit of pressure
as water moves downward.
Mrs. Weiner asked what is being done by the County at this
time, as far as exploration of the problems. Mr. Keene stated
that they were monitoring the movement of the main mass to get
some idea of the movement, via slope indicators.
Mayor Pernell thanked Mr. Keene for his presentation, and
the audience for their questions. It is hoped that everyone
involved has a better understanding of what is going on.
RECESS
Mayor Pernell recessed the meeting at 9:10 p.m.
MEETING RECONVENED
The meeting was reconvened at 9:20 p.m.
FINANCIAL STATEMENT
0
The Financial statement for June 1986 was held over from
the last meeting on the advice of the City Treasurer, Mr. Larry
Courtright. The Chair moved that the amended June 1986 Financial
Statement be approved and accepted as presented.
ZONING CASE NO. 323, LUPO - TENNIS COURT
1876
The City Manager stated that at the close of the public
hearing on July 28, 1986, for an application by Mr. & Mrs. Paul
Lupo for a Conditional Use Permit for a tennis court on their
property, Lot 1928 -1 -MS, located at 4 Georgeff Road, the City
Council directed staff to prepare a resolution denying the request
for the Conditional Use Permit in Zoning Case No. 323. Resolution
No. 549 would deny that request. The Manager also indicated that
the applicant, through his -attorney, has directed to the City
Council a letter related to this matter, and staff recommended
that Council receive that letter for their information and file.
The Mayor so ordered.
Mr. Jenkins suggested one change on the last page of
Resolution No. 549. In paragraph D, line 3, change the wor(Ing
from Public to community.
Councilwoman Swanson moved that Resolution No. 549, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DENYING
A CONDITIONAL USE PERMIT IN ZONING CASE NO. 323 be approved. The
motion was seconded by Councilwoman Leeuwenburgh.
AYES: Councilmembers Leeuwenburgh, Murdock, Swanson,
Heinsheimer, Mayor Pernell
ABSENT: None
Mayor Pernell stated that the Resolution No. 549 is passed,
and the Conditional Use Permit is denied.
N.
August 11, 1986
RESOLUTION NO. 550
1906 329
The City Manager stated the City is currently operating
under the 1982 Standard Specifications for Public Works
Construction. The County has -recently adopted the 1985 edition,
and it is necessary for the* City to conform with the County
standards. Members of the Southern California Chapters of the
American Public Works Association and the Associated General
Contractors of California have prepared this updated edition.
Councilwoman Swanson moved that Resolution No. 549, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING
THE 1985 EDITION OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION be approved, seconded by Councilwoman Murdock, and
carried unanimously.
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
JOINT POWERS AGREEMENT
RM
, : The City of Rolling Hills commenced membership in the
Coachella Valley Joint Power Insurance Authority effective May
1, 1986. Subsequent to our membership, the Coachella Valley Joint
Powers Insurance Authority Executive Board voted to restructure
LO the Insurance Program year in order to provide a uniform enforcement
M date for liability insurance of all the members. In order to
LL accomplish this, the new agreement must be approved.
On a motion by Councilman Heinsheimer, seconded by
Councilwoman Swanson, it was moved that the City of Rolling Hills
approve the Coachella Valley Joint Power Insurance Authority
Agreement. The motion was unanimously carried.
RESOLUTION NO. 551
The City Manager also reported that it is necessary for
the City of Rolling Hills to ratify its previous commitment to
participate in the Coachella Valley Joint Power Insurance Authority
and to subscribe to General Liability Insurance, through the
Coachella Valley Joint Power Insurance Authority.
_On a motion by Councilman Heinsheimer, seconded by
Councilwoman Swanson, it was moved that A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZE PARTICIPATION IN
THE LIABILITY PROGRAM OF THE COACHELLA VALLEY JOINT POWERS INSURANCE
AUTHORITY. The motion was unanimously carried.
RESOLUTION NO. 552
The City Manager also reported that it is necessary for
the City of Rolling Hills to ratify and 'authorize participation
in the Coachella Valley Joint Powers Insurance Authority.
On a motion by Councilman Heinsheimer, seconded by
Councilwoman Swanson, it was moved that A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ROLLING HILLS TO JOIN THE COACHELLA. VALLEY
JOINT POWERS INSURANCE AUTHORITY. The motion was unanimously
carried.
RESOLUTION NO. 553 1951
Resolution No. 553, approving and adopting the annual
appropriations limit for the fiscal year, 1986-87, was held for
consideration at the next regular meeting in order to give the
City Attorney an opportunity to review the information.
MATTERS FROM THE CITY COUNCIL 1973
CONSTRUCTION LIMITS
Councilwoman Swanson expressed concern over the five-year
construction limit. It appears that many project properties are
FU
330
August 11, 1986
taking too long to complete construction. Councilwoman Swanson
asked staff to monitor'or inventory the number of properties under
construction that have been in progress for a lengthy period of
time; and, develop some criteria that would give a better handle
on what is happening in this regard. Mayor Pernell asked staff
to study the continuity of building, and report back on the extent
of the problems and the problems that can be identified, and the
options on how to handle them.
Councilwoman Murdock stated that the Planning Commission
cannot control normal procedures, but if a Conditional Use Permit
or a Variance is granted, time frames can be put within the
agreement that would be en -forceable.
Mayor Pernell stated that he had recently read that the
City of Palos Verdes Estates is trying to make buildings that
come up for sale, comply with the existing Building Ordinances.
Thi City Manager reported that he had just discussed this matter
with the City Attorney, and they are working on this issue.
LEAGUE OF CALIFORNIA CITIES
2013
Councilwoman Leeuwenburgh reported that she and Mr. Belanger
attended the League of California Cities meeting on August 6,
1986. Jackie Bacharach has been nominated to serve as Los Angeles
Division League of California Cities Treasurer. Councilwoman
Bacharach requested the support of the City Council; and, requested
a letter endorsing her appointment. The City Council unanimously
agreed to support Councilwoman Bacharach's nomination, and to
send a letter of support.
WEST BASIN WATER DISTRICT
2030
Councilwoman Leeuwenburgh reported that she received a copy
of a book entitled THE STORY OF WATER DEVELOPMENT IN LOS ANGELES
COUNTY, and indicated that she would leave the book in the City's
bookcase.
FAREWELL FOR DON GULUZZY
t2Lep7on Councilwoman Leeuwenburgh said that she attended a farewell
-gamey for outgoing City Manager Don Guluzzy of Rancho Palos Verdes.
Mr. Guluzzy has accepted a position as General Manager for the
San Mateo Harbor's District.
MATTERS FROM STAFF
REQUEST FOR LITIGATION SESSION
The City Manager requested a litigation session to briefly
discuss various issues relating to the.Flying Triangle.
POSTAL COMMITTEE 2044 t
Mayor Pernell reported that he received a letter from the
General Manager Postmaster for the Long Beach Division of the
U.S. Postal Service, requesting that he attend a meeting with
Dan Lungren on August 22, 1986, at the Post Office facilities
on Redondo Avenue, in Long Beach. Councilmembers Leeuwenburgh
and Murdock indicated that they had also received that invitation,
and that h y were planning to attend. Mayor Pernell requested
t
the City `� T to find out what the make-up of this committee
is to be.
Councilwoman Swanson reported that
Congressman Lungren on August 19, 1986,
asked if the Council had any questions
like her to present to him, to please let
0
she will be meeting with
on another matter, and
or ideas that they would
her know.
August 11, 1986
RECESS TO LITIGATION SESSION
The meeting was recessed to a litigation session to discuss
various issues related to the Flying Triangle at 9:20 p:in:
MEETING RECONVENED
The meeting was reconvened at 10:24 p.m: and the Mayor
announced that the Council would meet in an, adjourned session
on Tuesday, August 12, 1986, at 6:00 p.m:, at 35 Saddleback Road,
to be adjourned to 7:30 p.m. that same day in the Council Chambers.
METING ADJOURNED
2070
The meeting was adjourned at 10:25 p.m:, with the next regular
meeting of the City Council scheduled for Monday, August 25, 1986:
APPROVED:
Mayor
City Clerk <
D