Council sets winterization provisions

The City Council has set general terms for agreements to be offered

private property owners that would allow the city to complete slope

winterization in Bluebird Canyon at an estimated cost of $7 million.

Property owners whose homes were damaged or threatened by the

Flamingo Road landslide will be asked to sign term sheets that are

consistent with the general terms approved by the council at a

special meeting Monday morning. Fees will be waived for repairing a

damaged home or rebuilding a new one that is no more than 10 percent

larger that the home destroyed in the landslide, up to a maximum of

4,500 square feet.

The pre-slide homes on Flamingo Road and Bluebird Canyon Drive

averaged about 2,500 square feet.

“A number of the homes were built on flat pads, but that will not

be the case [in rebuilds],” city Recovery Coordinator Bob Burnham

said.

Reconstructed homes probably will conform to city guidelines that

recommend stair-stepping buildings down the slope. Pre-existing

non-conformaties may be permitted, depending on the scope of the

rebuild.

DIFFERENT TERMS

“We have two general term sheets, which will be customized,” City

Manager Ken Frank said. “One term sheet is for people at the bottom

of the slide. The other group is people at the top of the slide.”

The terms differ, principally in the requirement of a monetary

contribution from the property owners at the top of the slide.

Mandatory contributions will range from $20,000 to $75,000, depending

on the benefits derived from the winterization.

“Without exception, the homeowners we have spoken to expressed

support,” said Todd McCallum, public relations chair for the families

displaced by the June 1 landslide.

One sample term sheet outlined city commitments to the affected

residents of Bluebird Canyon and Oriole drives:

* Complete a drainage restoration project by installing a storm

drain, new sewer main and laterals to each home, and a water line.

During construction soil will be removed from as close to the homes

as possible without damaging foundations or structures and replaced

with engineered fill.

* Install surface drainage facilities after the slope is repaired.

* Remove soil and replace with engineered fill to the pre-existing

grade on the three parcels that are used to access the site, subject

to a cost-sharing agreement with the owners.

* Provide individualized assistance -- financial, grading and/or

material support -- for parcels in the west end of the drainage

course that are outside the landslide boundaries from which the city

needs to remove mature landscaping and place permanent fill.

* Retain a landscape architect to provide a concept plan for the

former drainage course and assist residents with their landscape

plans.

Included in terms for both groups:

* Modify normal building and zoning fees and permit process.

* Winterize the slope.

* Release owners from all liability related to the landslide.

* Indemnify the owners for damage during construction of emergency

protection measures.

City commitments specific to affected Flamingo Road and Madison

Place property owners:

* Complete drainage restoration project and winterization.

* Implement and pay approximately 75% of the cost of a caisson

wall and grade beam/tieback system to stabilize the headscarp.

* Restore Flamingo Road to close to the pre-landslide alignment,

with a minimum 24-foot width, minimum 10-foot access strips and 1.5

factor of safety.

* Install new sewer line to serve parcels at the south end of

Flamingo, subject to owner assumption of all maintenance and repair

responsibility.

* Provide owners with interest-free loans for approximately 12

months after occupancy of the home, the loan to be repaid if the

property is sold.

* Prosecute quiet title action if necessary.

* Help establish a Geological Hazard Abatement District.

In return, all of the affected property owners must grant the city

permission to enter their properties and to establish an easement to

do whatever is necessary to implement emergency protective measures.

They also must grant the city permanent easements for public

utilities where necessary, which in some cases will allow very

limited use of the the rear 30 feet of their property because of a

surface drainage easement; release the city from any liability

related to the landslide; release anyone from whom the city acquires

an interest in property within or directly affected by the landslide;

and obtain approval of easements by the lender, with city assistance,

if desired.

Specified Flamingo Road and Madison Place residents and one Oriole

Drive resident must contribute to the cost of repairs -- $75,000 from

1005 and 1015 Madison and 1060 Flamingo; $50,000 from 925 Oriole;

$40,000 from 1087 Flamingo; $30,000 from 1031 Madison, and $25,000

from 1041 Madison.

Some Bluebird Canyon Drive and Oriole Drive residents must allow

the city to stockpile soil until Nov. 1, 2006 during the slope repair

and all owners must accept stockpiling during the drainage project.

In other action:

The City Council also approved a $75,000 allocation to relocate

four mobile homes to Laguna Canyon for interim housing for families

displaced by the slide and ratified the council sub-committee’s

selection of the residents who would occupy the coaches.

“We have raised the money by various means,” said Mayor Elizabeth

Pearson-Schneider, a member of the sub-committee, which established

criteria for the selection. “We hope to have them moved in by Labor

Day.”

City Manager Frank said some neighbors had objected, but the

proposal was recommended for approval by the Planning Commission.

The council also extended the Emergency Declaration, which must be

renewed at least every 21 days to remain in force.

All votes were 4-0, Councilwoman Cheryl Kinsman absent.

During public comments two people pleaded with the council to

refrain from selling the lot on which the Laguna Beach Girl Scout

House has stood for 50 years.

“I have pictures of the groundbreaking for the house,” said Mary

Jo Mancuso, co-chair of the scouts Community Service Committee. Katie

Slattery, a scout leader for more than 20 years, said the house is

used for weekly meetings, celebrations and visitsThe house sits on a

prime North Laguna parcel, probably worth nearly $1 million.

City officials have eyed the property as a money maker in this

financially strapped

time.