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10/13/1986 3s3 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS October 13, 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, October 13, 1986. ROLL CALL PRESENT: Councilmembers Leeuwenburgh, Murdock, Swanson Mayor Pernell ABSENT: Councilman Heinsheimer ALSO PRESENT: Terrence L. Belanger City Manager June Cunningham Deputy City Clerk Ann Johnson Los Angeles Times � Anne La Jeunesse Peninsula News � Douglas McHattie So. Bay Engineering William Cross Residents Q� John Farrow � Caesar Inducil � Dr. L. Kelly Q Mr. & Mrs. P. Mitchell � Damoder Reddy Mrs. Betsy Raine Bruce Raine Mr. & Mrs. C. Raine CONSENT CALENDAR Councilwoman Murdock asked that Approval of Minutes be removed from the Consent Calendar. The Mayor so ordered. Remaining items on the Consent Calendar were approved in a motion made by Councilwoman Swanson, seconded by Councilwoman Murdock and carried unanimously. APPROVAL OF MINUTES Councilwoman Murdock asked that the minutes of a regular meeting on September 22, 1986 be corrected on page 4 , second paragraph, to read: "to require that the ap licant remove the fences which are currently in the easement, or apply to the Rolling Hills Community Association for a license aqreement for use of a portion of the easement for placement of fences, or relocate the fence to the encroachment line approved by the City Council. " The minutes as amended were approved and accepted on a motion made by Councilwoman Murdock, seconded by Councilwoman Swanson and carried unanimously. PAYMENT OF BILLS Demands No. 1631 through 1670 in the amount of $95,977. 90 were approved for payment from the General Fund. Demand No. 1666 was approved for payment from the Municipal Self Insurance Fund. RESOLUTION NO. 555 Resolution No. 555 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE IN ZONING CASE NO. 329 was adopted by unanimous vote of the Council. SUBDIVISION NO. 81, PARCEL MAP 16864, JOHN FARROW . Mayor Pernell opened a public hearing on a proposal by John Farrow, 12 Blackwater Canyon Road, that his property, Lot 97-RH consisting of 7. 052 acres gross be divided into two parcels. The City Manager said the public hearing was continued from the last Council meeting, and he explained further that the parcel map complies with requirements of the RAS-2 zone and has been reviewed and approved by the Environmental Quality Board and Planning Commission. Mr. Belanger said it is staff ' s recommendation that the parcel map be considered favorably by the City Council. 3��October 13, 1986 October 13, 1986 Counc�lwoman Leeuwenburgh asked why the easements between the newly created lots are different, noting that the smaller parcel has a 25 foot easement on the northerly boundary, while the larger parcel has a 10 foot easement on the contiguous southerly boundary. Mr. Belanger explained that typically the side yard easements on lots created by subdivision are 10 feet wide; however, when this subdivision was reviewed and considered by the Rolling Hills Community Association the easements as shown were required in order to provide a greater separation between the existing residence and construction on the new lot. Mr. McHattie said he attended the meeting at which the requirement was imposed, and the purpose was to ensure that the pad for the residence on the new lot would not be graded any closer to the existing residence than a 25 foot easement would permit. Councilwoman Swanson asked whether the Manager knew . of any person who wished to testify at the public hearing, but was unable to attend the meeting because of the holiday. Mr. Belanger said there was no objection, written or verbal, presented at any of the hearings on the subject subdivision, and he noted that the hearing was continued from the last meeting, which was a duly noticed hearing. Mayor Pernell closed the public hearing. Councilwoman Swanson moved that the parcel map be approved, subject to conditions contained in the Planning Advisor' s report dated May 20, 1986, and subject, further, to other conditions imposed, and as shown on the map marked Exhibit A. The motion was seconded by Commissioner Murdock and carried by the following roll call vote: AYES: Councilmembers Murdock, Swanson, Mayor Pernell NOES: Councilwoman Leeuwenburgh ABSENT: Councilman Heinsheimer Mayor Pernell said there were specific restrictions imposed on both lots with regard to grading, and he asked the Manager whether there are safeguards to ensure compliance. Mr. Belanger said the restrictions on grading on both lots are in effect a deed restriction and will be observed by the Community Association, the City and the County. ZONING CASE NO. 327, DR. HUGO CAESAR, TENNIS COURT In a letter dated October 13, 1986 Douglas McHattie of South Bay Engineering Corporation requested a continuation of the consideration of a Conditional Use Permit for a tennis court on behalf of Dr. Hugo Caesar, 2 Pheasant Lane, for a period of six months, or less if the moratorium on tennis court construction is lifted before the six month period. Mr. McHattie said Dr. Caesar is aware that by making the request he waives the right to have the matter heard before the time specified. The City Attorney recommended that the matter be removed from the agenda, and the Mayor so ordered. STATUS OF FLYING TRIANGLE 396 The City Manager requested that the meeting be adjourned to a closed session to discuss Flying Triangle litigation. DESIGNATION OF DELEGATE AND ALTERNATE, LCC ANNUAL CONFERENCE The City Manager reported that the League of California Cities Annual Conference will be held in Los Angeles October 19 - 22, and he asked that a Voting Delegate and Alternate be appointed to participate in voting on a series of resolutions that have been developed throughout the year. Councilwomen Leeuwenburgh and Swanson indicated that they plan to attend the conference and with the concurrence of inembers of the Council Mayor Pernell named Councilwoman Leeuwenburgh Voting Delegate and Councilwoman Swanson Alternate. The Mayor asked that the League �of California Cities be advised of the appointments. -2- October 13, 1986 3 6� MATTERS FROM MEMBERS OF THE CITY COUNCIL 430 South Bay Corridor Steering Commit.tee Councilwoman Swanson reported that she attended the meeting of the South Bay Corridor Steering Committee following action by the Rolling Hills City Council to allocate $3, 000 in support of funding the position of Transportation Coordinator, as requested by Jacki Bacharach, Chairman of the Committee. The matter was discussed by representatives of. affected cities at the meeting, and Chairman Swanson said that although the cities expressed an interest in some sort of a joint venture, there was insufficient support for the plan proposed by Chairman Bacharach. There was agreement that the transportation coordinator should not be hired, and that other ways to act jointly should be explored by the cities. Councilwoman Swanson said she will continue to report to the City . on the matter. , Report on Legislation - HR-6 (o Councilwoman Swanson said she has been advised that language � in HR-6 has been amended to include the City of Rolling Hills . - � The amendment to the language of the bill was introduced by � Congressman Dan Lungren on behalf of Rolling Hills, and Councilwoman Swanson asked the City Manager to advise the Council on recent m developments. Q MATTERS FROM STAFF HR-6, Omnibus Water Resources Bill 452 The City Manager reported that as explained by Councilwoman Swanson, he has been notified by Congressman Lungren' s office that the language which would incorporate a study of the larger geographic area in a proposed Corps of Engineers study of the south Peninsula landslide has been included in the language of HR-6, legislation which is to be considered during the coming week. Mr. Belanger said the legislation is part of the Omnibus Water Resources Bill which is now before Congress, and Congressman Lungren' s office is optimistic that the language will be retained as part of the Bill and will be adopted as part of the legislation. Letter from N. La Caze re: Tennis Court at 24 Portuguese Bend The Manager advised the Council that a letter was delivered to him on Friday, October 10, 1986 from Norman La Caze, owner of property at 24 Portuguese Bend Road. Mr. La Caze asked that his application for a Conditional Use Permit for construction of a tennis court, which was submitted prior to adoption of a moratorium on construction of tennis courts, be exempted, stating that the location is unique and the court would have a minimal impact on the community. Mr. La Caze said he is willing to comply with any and all recommendations that might be implemented in the code after the moratorium, and would guarantee completion by surety bond. Mr. Belanger said the letter was received after the agenda was distributed, and he recommended that if the Council wishes to consider Mr. La Caze ' s request, it be placed on the agenda for the next regular meeting. The Mayor so ordered. PUBLIC HEARING, SUBSTANDARD DWELLING, 2 PINTO ROAD 492 Mayor Pernell stated that the City Council would assume the role of Rolling Hills Building Rehabilitation Appeals Board, and he opened a public hearing on a substandard dwelling located at 2 Pinto Road. The City Manager displayed a plot plan for the Kelly property at 2 Pinto Road and he explained that the Board held a hearing in November 1985 to consider the structure, since the easterly half -3- 3�� October 13 , 1986 of the building was in imminent danger of being demolished by the landslide, while the westerly portion was habitable. Following the hearing Dr. Kelly was given permission to continue to live in the westerly portion which did not appear to be in danger as. a result of the landslide. Dr. Kelly was also given an opportunity to present a plan to the City Council which would address his course of action in the situation. Mr. Belanger said the pl�an was not submitted, and in the intervening months the eastern portion of the property has been demolished, as shown in . photographs circulated to members of the Council, and much of the debris has been moved downhill into the canyon tributary. To date no plan has been submitted pertinent to the remainder of the property, and the Fire Department is concerned about the fire hazard, and the Building and Safety Department of Los Angeles County .. has recommended that the debris be removed, as it presents a safety hazard as well. The City Manager recommended that the Rehabilitation Appeals Board take the following actions : require that the delapidated portion of the building and the slab be removed; that any utilities that exist in that portion be capped; and that plan be submitted for the rehabilitation of the eastern wall, which was originally an interior wall, but will now become the exterior wall for the remaining portion of the structure. The Manager explained that the order includes any septic tank or seepage pit in the area, which would also have to be capped as part of the order. Councilwoman Swanson said the Council has been advised that the area of the landslide has grown and she asked whether the western portion has been affected. Mr. Belanger said that portion appears not to be threatened by the movement at this time, and the Department of Building and Safety has stated that in their judgement. that portion of the structure is habitable if the wall is brought up to code, and he said the geologist concurs with the Building and Safety finding that the western portion is habitable. In the event that the situation changes the order to abate would be extended to the entire property, the Manager said. Dr. Larry Kelly addressed the Council, and said his house was one of the five homes in the original tear-drop shaped landslide that was activated in 1980, and is the only home that remains: Dr. Kelly said that he is in litigation, and wishes to retain the property in its present condition as evidence, as he has been instructed by his counsel. Dr. Kelly said there has not been a bi-lateral communication between him and the City. Mayor Pernell said every resident receives a copy of the agenda for all City Council meetings, and in addition, the Council has made a sincere effort to keep residents advised of the Flying Triangle situation, and to demonstrate compassion and understanding, while complying with safety requirements. Dr. Kelly said it is his opinion that there are other hazards in the Flying Triangle, and he asked that the Council address all dangers, not his specifically. Dr. Kelly said that when the situation first became apparent he requested permission to remove soil from the rear of his property, and his request was denied. Since then, he said, soil has been removed from other properties and grading has been done, and he said that he has researched records in Lomita and Los Angeles, and as far as he can determine, no permits have been issued for any of the grading or road repairs. Mr. Paul Mitchell, 70 Portuguese Bend Road, said the structure on the Kelly property has been declared a "nuisance" . He said it is not a nuisance as far as he is concerned, and he suggested that other residents in the area be asked to comment. Further, Mr. Mitchell asked whether the Council is taking any action to divert water from Crest Road which is entering the canyon. The Mayor said it has not been established that water entering the canyon from Crest Road is affecting the landslide, and the question is not relevant to the hearing on the Kelly property. Mrs, Betsy Raine, 71 Portuguese Bend Road, advised the Council that she does not find Dr. Kelly' s residence to be a nuisance or a hazard, since the location makes access to the property difficult and there is little likelihood that anyone would be ' -4- October 13, 1986 3 s� endangered, stating that all residents in the Flying Triangle are aware of the large cracks in the area, and the dangers they present. Mrs. Raine said the cracks in the ground are more hazardous than the Kelly house,,.;ywhich is visible. Mr. William Cross, 63 Portuguese Bend Road, said he concurs with the comments offered by residents ; however, he said he feels the City Council will not change their position. Mayor Pernell asked the Manager why the matter was brought to the Council at this time. Mr. Belanger said the Fire Department has issued at least two notices to the owner asking that the fire hazard on the property be abated, and, because there was no compliance, the matter has been referred to the City Council. The. City Attorney said the matter before the Cou'ncil is a continuance of the process which was initiated some time ago, at which Dr. Kelly indicated that he wished to submit a plan for rehabilitating the structure. Mr. Jenkins said the procedure before the Council is consistent with other instances in which the owner expressed a desire to rehabilitate the structure, . and the Council granted an opportunity for rehabilitating the property. � Mr. Jenkins said it has been the City Council' s consistent policy � not to be concerned with esthetic aspects, but only to be concerned with the hazard presented by the demolished structures. With � regard to references to "nuisance" , Mr. Jenkins explained that � the Building Code generally defines substandard property as a � nuisance, but typically it is considered to be a nuisance because Q it is considered to be in a substandard condition, which is specifically defined in Chapter 99 of the Building Code. Mr. Jenkins said the dilapidated condition of the easterly portion . of the Kelly house falls within that definition. To allow the structure to remain in its present condition, Mr. Jenkins said the Council would have to find that no hazard exists due to the dilapidated condition, notwithstanding the recommendations of the Fire Department and the Department of Building and Safety. Mayor Pernell asked the City Manager whether he has any evidence that refutes the citations of the Fire Department or the recommendations of the Department of Building and Safety. Mr. Belanger said he has none. Councilwoman Leeuwenburgh said residents in the Flying Triangle have suffered a major fire in addition to the landslide, and she has concerns about failure by the Council to act, in view of recent citations. She asked whether utilities in the area are monitored. The City Manager said the Kelly property has been monitored, and there has been some relocation of utilities. Mayor Pernell said the Council has no choice but to sustain the findings and order the appropriate actions to bring about compliance. The City Attorney said that in the absence of any evidence contrary to the recommendations of the City' s professional staff, the Council is placed in the position of finding that a substandard property � condition exists, and must be abated. The City Manager said the City Council can continue the matter, if desired. Councilwoman Murdock asked whether the Council can proceed and still leave an option for Dr. Kelly to present evidence to refute the findings of the Fire Department and Building Official. Dr. Kelly advised Mayor Pernell that he would not attempt to refute the evidence. Councilwoman Swanson asked whether the November 24, 1986 time limit specified in the staff recommendation applies to the total project. The City Manager explained that the time limit applies specifically to removal of the debris, but a time limit could also be set for compliance with orders to cap all utilities and rehabilitate the eastern wall to serve as an exterior wall. Mr. Belanger said that in the event the Council proceeds to order compliance, a notice would be sent to the property owner by the chief Building Official, pursuant to the order of the Rolling Hills Building Rehabilitation Appeals Board, and the applicant would be expected to comply with the order. The Manager said 60 days from the date of the order should be ample time for compliance. The City Attorney explained that in the event Dr. Kelly does not comply with the order, the City will contact a contractor with a license to demolish structures and make arrangements for demolition at a time specified after expiration of the time limit established by the Council, and a lien will be placed on the property to cover the costs . -5- �s� October 13, 1986 Dr. Kelly asked how the City can order a contractor to remove the soil that has covered his home as part of the demolition order, stating that he was unable to obtain permission to remove any soil. Further, Dr. Kelly said he has obtained two bids for demolition of the residence, but the work requires grading and use of tractors and he is unable to obtain a permit and have the work done; he said the work being done by the Rolling Hills Community Association has been done without permit. The City Attorney explained that a contractor hired by the City for demolition will act consistently with the recommendations and requirements of the County Geologist and Department of Building and Safety. Mayor Pernell said the Community Association has been put on notice that any further grading requires a permit: Councilwoman Swanson asked Dr. Kelly whether he has been advised professionally that the City' s requirement for rehabilitation of his property could not be accomplished beca�se of disruption of soil. Dr. Kelly said not on those grounds; he explained tha.t he did not pursue the matter when he was advised of the need to grade. The City Manager said that in ev.ery issue pertaining to the Flying Triangle, the Building Official consults with the County Geologist, and it is their opinion that the abatement of the Kelly property can be accomplished without affecting the stability of the area. Mr. Belanger said grading of the property is not being proposed; the order to rehabilitate the property pertains to removal of combustible materials, capping of waste lines and utilities � and renovation of the exposed east wall to serve as an exterior wall. Mayor Pernell closed the public hearing. Councilwoman Leeuwenburgh moved that the Council, actin.g as the City' s Building Rehabilitation Appeals Board, adopt the finding that the property is substandard, based on the evidence as presented, and order the abatement recommended by the City' s Building Official in his letter dated October 8, 1986 as follows : The dilapidated portion of the dwelling to be demolished above the slab and foundation, and debris related thereto to be removed from the site, and sewer waste lines to be capped, on or before November 24, 1986 ; All utilities (gas, electric & water) to be disconnected as necessary to implement the demoliton and removal; Renovate the exposed east wall of the remaining structure for code compliance as an exterior wall. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Murdock, Swanson Mayor Pernell NOES: None ABSENT: Councilman Heinsheimer OPEN AGENDA Mayor Pernell opened the meeting to comment from persons present at the meeting, and explained that items not on the agenda would not be acted upon, but could be scheduled for di�scussion at a later meeting if the Council wishes to do so. MRS. INGRID MITCHELL, 70 PORTUGUESE BEND ROAD Mrs. Ingrid Mitchell, 70 Portuguese Bend Road, asked that the City Council have a berm constructed on the south side of Crest Road to divert water from the Flying Triangle. Mrs. Mitchell was advised that the roads are maintained by the Rolling Hills Community Association, and she was referred to the Board of Directors, which will meet next on Thursday, October 16, 1986 at 7 :00 a.m. -6- October 13, 1986 3 6 9 RECESS TO CLOSED SESSION ° "` ' ' Mayor Pernell recessed the meeting to a closed session at 8 :45 p.m. MEETING RECONVENED Mayor Pernell reconvened the meeting and reported that the Council discussed pending litigation during the closed session�. MEETING ADJOURNED The meeting was adjourned at 9 :55 p.m. to Mondag, October 27, 1986 at 7 :30 p.m. � � City. Clerk � � � Q APPROVED: Mayor , -7-