Loading...
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