CC MINS 19980818MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
AUGUST 18, 1998
The meeting was called to order at 6:00 P.M. by Mayor Ferraro at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, and was immediately recessed to a
closed session per the Brown Act Checklist attached to the agenda. The meeting was
reconvened at 7:08 P.M. After the Pledge of Allegiance, roll call was answered as
follows:
PRESENT: Byrd, Lyon, McTaggart, Hollingsworth, and Mayor Ferraro
ABSENT: None
Also present were City Manager Les Evans; Assistant City Manager Carolynn Petru;
City Attorney Carol Lynch; Director of Planning, Building & Code Enforcement Joel
Rojas; Acting Director of Public Works Dean Allison; Director of Finance Dennis
McLean; Director of Administrative Services /City Clerk Jo Purcell; Senior Planner Greg
Pfost; Associate Planner Kit Fox; View Restoration project Coordinator Emmanuel
Ursu; and, Recording Secretary Jackie Drasco.
RECYCLING AWARD (1204 X 1301)
Director Allison chose a name from the recycle drum for the month of August. The
winner for July was Ralph Galente, who will receive a year of free refuse collection.
APPROVAL OF AGENDA:
At the request of Councilman Byrd, the City Clerk announced the following changes to
the agenda: the removal of the Marriott item from the consent calendar to be discussed
before the public hearings; the continuance of the folowing items to a later meeting:
fee waiver for Encroachment Permit No. 28 and Minor Exception Permit No. 536; award
of the contract for the Ladera Linda and Eastview Park ADA Improvement Project; fee
waiver and penalty fees for Variance 436; and, award of the contact for the construction
of the Lower Hesse Park trails.
Councilman McTaggart moved, seconded by Councilmember Lyon, to approve the
agenda as amended. The motion carried.
APPROVAL OF CONSENT CALENDAR:
Lois Larue, 3136 Barkentine Road, expressed her opposition to the Abalone Cove
Beach Improvements project; inquired about the subject matter of the Council's Closed
Session; disagreed with information the City Attorney furnished regarding the sale of
the former City Manager's home; questioned the contingency amounts on two
contracts; and, noted several "typos" to the Minutes of July 21, 1998.
Councilman Byrd moved, seconded by Councilmember Lyon, to approve the consent
calendar as follows:
Motion to waive full reading of ordinances presented at this meeting.
Adopted a motion to waive reading in full of all ordinances presented at this meeting
with consent of the waiver of reading deemed to be given by all councilmembers after
the reading of the title.
Minutes (301)
Approved the minutes of July 21, 1998.
Award of contract for the San Ramon Storm Drain Inlet Rehabilitation Project
(1204 x 1405)
(1) Awarded a contract for the construction of the San Ramon storm drain inlet
rehabilitation project to ZLR Constructors Company for the price of $24,195; and
authorize staff to spend an additional $2,505 for contingencies for a total authorization
of $26,700. (2) Authorized the Mayor and the City Clerk to execute a contract with
ZLR Constructors Company. (3) Authorized the Director of Public Works to accept
temporary and permanent rights of way from the adjacent property owners.
Award of contract for the Ladera Linda Playground Improvement Project
(1201 x 1204)
(1) Awarded a contract for the construction of the Ladera Linda Playground
Improvement Project to Malibu Pacific Tennis Courts, Inc. for the price of $26,800; and
authorize staff to spend an additional $2,200 for contingencies for a total authorization
of $29,000. (2) Authorized the Mayor and the City Clerk to execute a contract with
Malibu Pacific Tennis Courts, Inc.
Resol. Nos. 98 -73 and 98 -74 -Award of contract for improvements on Palos
Verdes Drive East from Ganado Drive to Palos Verdes Drive South (1204 x 1404)
(1) Awarded a contract for the construction of street improvements on Palos Verdes
Drive East from Ganado Drive to Palos Verdes Drive South to Sequel Contractors, Inc.
for the price of $578,366; and authorize staff to spend an additional $57,634 for
contingencies for a total authorization of $636,000. (2) Authorized the Mayor and the
City Clerk to execute a contract with Sequel Contractors, Inc. (3) Adopted Resol. No.
98 -731 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO
CITIES FUND. (4) Directed the City Clerk to forward a certified copy of the (ATC)
allocation and funding request to the County Director of Public Works. (5) Adopted
Resol. No. 98 -74, A RESOLUTION OF THE CITY COUNCIL OF -THE CITY OF
RANCHO PALOS VERDES AMENDING RESOL. N0. 98-47, THE BUDGET
City Council Minutes
August 18, 1998
Page 2
APPROPRIATION FOR FISCAL YEAR 1998 -99, FOR A BUDGET ADJUSTMENT TO
THE CITY'S CAPITAL PROJECTS, AND PROPOSITION C FUNDS.
Professional Service Agreements for the Abalone Cove Beach Improvement
Project (1201 x 1204)
(1) Approved a Professional Services Agreement with FAIA Architect, Inc. in the
amount of $15,000 for Architectural Services and authorize the Mayor and the City
Clerk to execute the Agreement. (2) Approved a Professional Service Agreement with
Merit Civil Engineering, Inc. in the amount of $19,420 for Civil Engineering Services
and authorize the Mayor and the City Clerk to execute the agreement. (3) Approved a
Professional Services Agreement with Helix Environmental Planning, Inc. in the amount
of $17,950 for Environmental Services and authorize the Mayor and City Clerk to
execute the Agreement. (4) Authorized staff to execute a purchase order with F.T.
Andrews, Inc. in the amount of $5,600 for Mechanical Engineering Services. (5)
Authorized staff to execute a purchase order with GLP Karjala Associates, Inc. in the
amount of $5,000 for electrical engineering services.
Resol. No. 98 -75 - Register of Demands (602)
Adopted Resol. No. 98 -75, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND
SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.
The motion to approve the Consent Calendar carried on the following roll call vote:
AYES: Byrd, Lyon, McTaggart, Hollingsworth, Mayor Ferraro
NOES: None
Appeal of the Planning Commission decision of C.U.P. No. 195 (Marriott)
(1203 x 1804)
Senior Planner Pfost presented the staff report of August 18, 1998 and the recommendation to
(1) adopt the proposed resolution certifying a final Supplemental Environmental Impact
Report, adopting a Mitigation Monitoring Program, certain findings and facts in support of
findings as required by the California Environmental Quality Act ( "CEQA "), and adopting a
statement of overriding considerations in connection with the approval of Conditional Use
Permit No. 195, Grading Permit No. 1903, Tentative Parcel Map No. 24655, Sign Permit No.
842. (2) adopt the proposed resolution denying the appeal approving Conditional Use Permit
No. 195, et al.
After Council discussion of community concerns about the height and location of the main
building and the need to reconsider these features of the project, Councilman Byrd moved,
seconded by Councilman McTaggart, to remand this matter to the staff.
City Council Minutes
August 18, 1998
Page 3
City Attorney Lynch noted that the public hearing would have to be re- noticed.
Wayne Sant, 3130 S. Harbor Blvd., Suite 430, Costa Mesa, 92704, representing Marriott
Senior Living Services, stated that these matters had been discussed at various Planning
Commission and City Council public hearings. He urged the Council to leave the plan, which
complied with City Codes, and avoid further delays and additional costs. He did not believe
that lowering the building would improve views.
Martin Plost, 29112 Oceanridge, believed that residents with views wanted to move the
building forward, put parking in the back, and that residents who favored the current plan did
not have views. He preferred alternative No. 1, the plan considered most environmentally
acceptable in the EIR.
Dr. Favre- Newton, 5615 Mistridge Drive, thanked the Council for reconsidering the item and
requested that it study the documentation carefully because she felt views would be impacted
by the current plan.
Carl K. Newton, 5615 Mistridge Drive, asked the Council to consider Alternative No. 1
because he believed it served the needs of the residents and the developer and met the
requirements of the General Plan and the EIR. He noted that the export required in this
alternative at 69,000 cubic yards was considerably less than the plan submitted a few years
ago which required 250,000 cubic yards of export.
Lois Larue, 3136 Barkentine Road, read from the General Plan which states, in part, that
topography and views must be preserved.
Greg Barth, 5537 Seaside Heights, believed that Alternative No. 1 would be best for the
residents and the developer and believed that a consensus of the neighbors had not been
determined, and that he was unaware of any poll taken.
Mayor Ferraro closed the public hearing.
The motion carried on the following roll call vote:
AYES: Byrd, McTaggart, and Hollingsworth
NOES: Lyon and Mayor Ferraro
PUBLIC HEARING:
Ocean Trails Project - Revision "G" (11203 x 1411,
Mayor Ferraro noted that this was a continued public hearing for review of Revision "G" for the
Ocean Trails project (Ocean Trails LP, 3850 Paseo del Mar, a 261 acre site located seaward
of Palos Verdes Drive South, between the Portuguese Bend Club on the west and Shoreline
Park on the east. City Clerk Purcell announced that notice had been duly published and that
correspondence was included in the agenda packet and distributed to Council just prior to the
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August 18, 1998
Page 4
meeting.
City Manager Evans explained that the issue at the last public hearing was approval of the
maintenance building but the views of the Seaview residents above the project seemed to be
prominent in the discussions. He reported that since the last hearing the developer had made
an effort to analyze view impact based on certain criteria in the Local Coastal Plan but it was
difficult _because each home has a slightly different view. The developer had met with staff
and homeowners twice during the past two weeks and was able to reproduce the previous
computer simulations to be reviewed at the meeting.
City Attorney Lynch opined that the City Council had no discretion to address view issues
because the vesting map was approved and a development agreement signed, therefore, the
Council could not force the developer to make changes. She said the only issue which could
re -open the approval was public safety. She emphasized that the application before the
Council was the approval of the maintenance building.
Assistant City Manager Petru presented the staff report of August 18, 1998, including a history
of the project, and the recommendation to (1) Adopt the proposed resolution approving
Addendum No. 6 to Environmental Impact Report No. 36; and, (2) Adopt the proposed
resolution approving Conditional Use Permit No. 163 - Revision "G" for proposed
modifications to the golf course maintenance facility.
Recess and Reconvene: At 8:O0 PM, Mayor Ferraro declared a recess. The meeting
reconvened at 8:15 PM.
Ken Zuckerman, 3850 Paseo del Mar, representing the owners of Ocean Trails, explained that
the proposed revision placed the maintenance building 90% below the original grade and was
a vast improvement over the original design. He asked that the Council approve the
application before them and not address the view issue because it was not germane to the
current application. He added that the project was in compliance with view issues described
in the Coastal Specific Plan. He closed by explaining the effort his group has made in
reproducing the computer simulations and that they had not been made a part of the public
record in 1994.
John Williams, 5976 Flambeau Road, representing the Palos Verdes Chamber of Commerce,
spoke in support of the project and believed the facility would be a quality asset to the City,
especially because the developer had been sensitive to the community.
Louise Shipman, 3948 Admirable Drive, was disappointed that the computer simulations were
not a part of the public record in 1994 and said that the project had been approved in the past
based on neighborhood acceptance of the project in reference to view impact. She said that
she wanted to believe the computer simulation of the projected view from her home but she
thought it might be inaccurate.
Mike Shipman, 3948 Admirable Drive, presented photographs with overlays which depicted
the view from Palos Verdes Drive and from his home. He felt these views were representative
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August 18, 1998
Page 5
of the view impact that would be created by the Ocean Trails project. His analysis indicated
that he would lose 50% of his ocean view and inquired if Proposition M applied in this
instance.
Uday Patil, 4011 Palos Drive South, Seaview Homeowners Association, thanked the Council
for continuing the hearing to further discuss view issues, stating that he was not opposed to
the project but wanted it to comply with the City regulations, especially in regard to view
impact. He explained that he attended the two meetings with the developer nd had provided
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his own view analysis. He believed that the developer and the residents understood each
other's positions but that they see the issue differently as to what view loss is significant. He
wanted reassurance that the project which was approved by the City in 1994 was the project
which was actually being built.
Joseph Wang, 3913 Palos Verdes Drive South, Seaview Homeowners Association, showed
the Council enlarged photographs he had taken of the view from the ocean side which he
believed illustrated that the very situation which was described as unacceptable in the Coastal
p
Specific Plan was the one that would actually result from the project. He believed that if the
view from Palos Verdes Drive was preserved, the view from the homes above would be
preserved also.
Elizabeth Sax, 4022 Admirable Drive, felt that approval of the maintenance building could not
be considered without analyzing the entire project. She was concerned with the height of all
the proposed structures because the varying topography caused the pad levels to vary. She
asked to meet with staff to obtain further information regarding horizontal view corridors and
Seaview's position on the matter.
Jeffrey Sax, 4022 Admirable Drive, believed that the Seaview view analysis indicated that the
information provided previously to the public and possibly even to the City was not exactly
inaccurate, but at least incomplete and misleading. He asked if it would be possible for the
City to re -open the previous approval if there had been mistakes in the view analysis.
Jabe Kahnke, 4033 Palos Verdes South, reported that he had attended the two meetings with
staff and the developer. He asked that the reproduced computer simulation be made a part of
the public record at this time to prevent confusion at a later time. He believed that the view
impacts included in the EIR were not what was actually happening ha enin and wondered if
Proposition M might apply to this situation.
Sharon Solari, 4145 Palos Verdes Drive South, President of Seaview Homeowners
Association, had seen the computer simulations and questioned whether these were the
original simulations. She believed the City guidelines had been adjusted to meet the
developer's needs. She said that the Seaview homeowners were not opposed to the project
but looked to the Council for protection of their views.
Council discussion focused on the following: the effect of the proposed two story homes on
the view corridor, review of the computer simulations; confirmation that the rid elines of the
homes would conform to the rldgelines shown in the updated simulations; and the fact that
approval of the maintenance building did not appear to be a problem.
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August 18, 1998
Page 6
Ken Zuckerman read a statement from the technician at RBF which described how the view
analysis simulation was created and the data used therefor. (This correspondence is on file
with the City Clerk's Office).
Mayor Ferraro closed the public hearing.
City Attorney Lynch explained that although the City did perform view analysis at the time of
the approval in 1992, it was a simplistic analysis and now it appeared that it could have been
more thorough. However, she believed it would be very difficult to prove that there was fraud
or even inaccuracy because view analysis is subjective. She felt that the City would be
unable to set aside approval of the vesting map or the development agreement. In reference
to the applicability of Proposition M, the parameters of the General Plan and the Coastal
Specific Plan were more relevant since the Ocean Trails project did not include applications
for Height Variation or View Restoration permits.
Council discussion of the restrictions on the height of vegetation clarified that the conditions of
approval and the CC &R's applied to vegetation on common areas but not to the private lots.
However, Proposition M would apply to foliage on the private lots.
Councilmember Lyon moved, seconded by Councilman Byrd, to (1) adopt Resolution No. 98-
76; a resolution of the City Council of the City of Rancho Palos Verdes, approving Addendum
No. 6 to Environmental Impact Report No. 36; (2) adopt Resolution No. 98 -77, a resolution of
the City Council of the City of Rancho Palos Verdes approving Conditional Use Permit No.
163 - Revision "G" for the final design of the golf course maintenance facility and, (3) maintain
the computer simulations in the project file. The motion carried.
Single - family residential refuse and recycling rate increase (1204 x 1301)
Mayor Ferraro opened the public hearing on this request for a rate increase from for Waste
Management of Los Angeles. City Clerk Purcell announced that notice had been duly
published and no protest letters were received by the City.
Director Allison presented the staff report of August 18, 1998 and the recommendation to
adopt the proposed Resolution, establishing a maximum single - family residential refuse and
recycling rate for Waste Management of Los Angeles effective August 19, 1998.
City Attorney Lynch stated that a revised resolution had been distributed prior to the meeting,
replacing the resolution in the agenda packet.
Council discussion centered on adjustments to be made for customers who had paid for trash
collection one year in advance.
Michelle Revelle, representing Waste Management, indicated that this increase could be
added to the bill for next year.
There being no response to the Mayor's call for testimony, she declared the hearing closed.
City Council Minutes
August 18, 1998
Page 7
Councilman McTaggart moved, seconded by Councilmember Lyon to adopt Resol. No. 98 -78,
a resolution of the City Council of the City of Rancho Palos Verdes establishing a maximum
single - family residential refuse and recycling rate for Waste Management of Los Angeles
effective August 19, 1998. Motion carried.
Recess and Reconvene: At 9:15 PM, Mayor Ferraro declared a recess. The meeting
reconvened at 9:25 PM.
Code Amendment No. 42 (1203 x 1801)
Mayor Ferraro opened the public hearing on this request to approve proposed amendments to
the City's existing antenna Ordinance. City Clerk Purcell announced that notice had been
duly published and that all correspondence received had been provided in the agenda packet.
Director Rojas presented the staff report of August 18, 1998, and the recommendation to
review the Planning Commission's status report on draft Code Amendment language and
provide Staff and /or Planning Commission with direction.
Staff reported that the Planning Commission ad hoc committee had taken longer than
expected to amend the ordinance because in the discovery phase they had researched
federal regulations, technical data and the different types of antennas and their method of
operation and identified a number of inconsistencies with the City's current ordinance. It was
clarified that the Planning Commission and the public had seen the draft ordinance but not the
City Council, that the draft ordinance was not being reviewed at this meeting, and that
speakers could not comment on its contents.
Lois Larue, 3136 Barkentine Road, discussed a cross at a local church which she said was
being used as an antenna.
Planning Commissioner Gil Alberio, 2177 Rockinghorse Road, representing the ad hoc
committee, said that they had written a memo disagreeing with the staff report and that they
were asking for more time to complete their work. He indicated that the committee should be
finished by August 25, 1998. As an explanation of why the process was takin g so long, he
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said that the old ordinance was outdated in respect to FCC regulations and newer technology
and that research was needed.
Karyl Newton, 46 4ceanaire, urged the Council to provide more time for the Planning
Commission ad hoc committee to complete their work, adding that she did not agree
completely with the draft ordinance. She believed that the committee had listened to concerns
from the community and the radio club; that the code was obsolete and should be brought up
to date to the standards of the antenna ordinance of other local cities.
Dodie Clarkson, 6424 Seabryn Drive, said that she was a licensed amateur operator and
discussed a disagreement she had with ad hoc committee members regarding descriptions of
various antennas and whether or not permits were required for certain antennas. She
believed the committee members were not as well informed as they could be, mentioned
City Council Minutes
August 18, 1998
Page 8
absences of some committee members from some meetings, and that the ordinance did not
need to be completely reworked.
Herb Clarkson, 6424 Seabryn Drive, also a licensed amateur radio operator displayed some
very small antennas and discussed which ones were required to have a permit and the fees
involved. He believed that the issue was complicated; that he empathized with both sides,
and hoped that the ordinance would address the fact that the size of antennas did not
necessarily indicate their power. (A copy of Mr. Clarkson's statement is on file in the City
Clerk's Office.)
Jim Robinson, 40 Oceanaire Drive, representing the Board of Directors of the Del Cerro
Homeowners Association, commended the ad hoc committee on updating the ordinance and
bringing clarity to complex issues and urged the Council to allow them more time to complete
their work. He believed that nobody would object to several small antennas; however, he was
concerned with whether the uses of the antennas were amateur or commercial.
John Freeman, 6850 Faircove Drive, representing the Palos Verdes Amateur Radio Club, said
that the Radio Club had participated in one productive meeting with the ad hoc committee and
that the club had provided nine pages of comments. He said that public comments had
provided about 30 to 50 proposed changes. Therefore, he believed that the ad hoc committee
should be given more time.
Mark Abrams, 44 Oceanaire Drive, displayed two antennas: one large, one very small. He
said that the existing code needed revision but that the proposed one was more controversial
in its interpretation; that it provided no compliance with the American Disabilities Act, nor did it
take into account that many ham radio operators are minors.
Tom Vegors, P. O. Box 2181, Palos Verdes Peninsula, said that he was an electrical engineer
familiar with radio system design. He agreed to postpone specific comments on the draft
ordinance until it was completed. He urged the Council to retain the old ordinance and direct
staff to address the language concerning second antennas only.
Gil Alberio, speaking in rebuttal, disagreed with testimony from Radio Club members and
believed that the ad hoc committee had taken into account their comments and said that the
proposed ordinance allows more antennas than previously permitted. He agreed that
provisions should be included to comply with the American Disabilities Act and these changes
would be made in the revision presented to the Planning Commission on August 25.
Mayor Ferraro closed the public hearing.
Council discussion focused on the applicability of the American Disabilities Act, in that
possibly access to the antennas for maintenance and repair might be an issue. Council
directed staff and the City Attorney to work with the ad hoc committee and the Radio club.
Mayor Ferraro appointed Councilman McTaggart to serve as advisor to the committee.
City Attorney Lynch indicated that because of Councilman McTaggart's appointment the
City Council Minutes
August 18, 1998
Page 9
meetings of this ad hoc committee would require notification under the Brown Act.
Councilman Byrd moved, seconded by Mayor Pro Tem Hollingsworth, to allow the Planning
Commission more time to work on the ordinance and to work with staff and Councilman
McTaggart. The motion carried.
View Restoration Permit No. 50 - Appeal (1203 x 1806)
Mayor Ferraro opened the public hearing on this request for an appeal of View Restoration
Permit No. 50 (Applicant: Mr. &Mrs. Cangemi, 30130 Avenida Tranquila; Foliage Owners:
Mr. &Mrs. Duncan Walker, 30137 Avenida Tranquila). City Clerk Purcell announced that
notice had been duly published and that protest letters were included in the agenda packet.
Project Coordinator Ursu presented the staff report of August 18, 1998 and the
recommendation to adopt the proposed resolution, affirming the decision of the View
Restoration Commission and approving View Restoration Permit No. 50 upon finding that all
applicable findings have been correctly made and all provisions of Section 17.02.040(c)(2)
have been complied with.
Council discussion focused on the request received from Mrs. Walker to continue the hearing
to September 15, 1998.
Mayor Pro Tem Hollingsworth recused himself from the discussion since he did not participate
in the hearing on June 3.
Steve Cangemi, 30130 Avenida Tranquila, objected to continuing the item, stating that
trimming of Mrs. Walker's trees had not even begun. He objected to the 18 -month delay on
his request to trim the trees.
Lois Larue, 3136 Barkentine Road, urged the Council to do something to improve the negative
situations caused by Proposition M, stating that this proposition devalued one property while
improving another and destroyed habitats. She believed that the main problem was that
Proposition M was attempting to create views, not restoring them as it was intended.
Margaret Walker, 30137 Avenida Tranquila, explained that she asked for a continuance for a
month because her arborist was unable to trim her trees as early as she had planned and
stated that a continuance had been granted previously to accommodate Mr. Cangemi's
vacation. She discussed the street tree which had been replaced which improved Mr.
Cangemi's view and had increased the temperature in her home because of the loss of shade
from the original tree.
Councilman Byrd moved, seconded by Councilman McTaggart , to continue this item to
September 15, 1998. The motion carried.
REGULAR BUSINESS:
City Council Minutes
August 18, 1998
Page 10
Telecommunications Regulatory Ordinance (605 x 1101)
Assistant City Manager Petru presented the staff report of August 18, 1998, noting that this
ordinance would pave the way for negotiation with Cox Cable, and the recommendation to
adopt Ordinance No. 339, adopting a Telecommunications Regulatory Ordinance and
amending Chapter 13.12 of Title 13 of the Rancho Palos Verdes Municipal Code. (This
ordinance was introduced at the August 4, 1998 meeting). She reported that the presentation
by Steve Fowler from Cox Cable would be rescheduled for the September 1, 1998 meeting.
Lois Larue, 3136 Barkentine Road, asked why fibre optics were not mentioned and who wrote
the press release.
Councilman McTaggart moved, seconded by Councilmember Lyon, to continue this item to
September 15, 1998. The motion carried.
General Plan Amendment initiation request (Northwest comer of Hawthorne Blvd at
Crest) (701 X 1203)
Associate Planner Fox presented the staff report of August 18, 1998 and noted that the
recommendation was to provide feedback to the applicant, and to approve the request to
initiate an amendment to the General Plan land use designation for the site from Commercial
Office to Commercial Retail.
Edward Nahin, 30009 Cachan Place, representing the Monaco Homeowners Association,
opposed the change. He cited the vacancies in the retail area across Hawthorne and
objected specifically to businesses suggested such as a coffeehouse and video store, which
would bring additional traffic, lights, and noise to the area. He said that he was also speaking
for the Cresta Verde Homeowners Association which was unable to send a representative to
the meeting.
Dr. Steve Kowalski, 6542 Ocean Crest Drive, Unit C311, referred to a similar proposal for this
property approximately five years ago, asking that the Council indicate to the property owner
that a General Plan amendment would not be approved. He agreed with the concerns of the
previous speaker and added that a food establishment could cause odors from food
preparation and garbage. (A copy of Dr. Kowalski's statement is on file in the City Clerk's
Office.)
Scott Manlief, 28 Ocean Crest Court, Vice President of the Seagate Villas Homeowners
Association, said that the developer had asked adjacent homeowners associations to review
the proposal. His association opposed the change for a number of reasons, including the fact
that retail businesses would operate in the evening hours whereas an office would be open
just during the day.
John Kendall, 6653 Crest Road, stated that this was the third project proposed for this
property and he was concerned about the instability of the land, noting that it was fill not
properly compacted. He also mentioned various vehicles which had slid down into the canyon
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August 18, 1998
Page 11
in the past and he was concerned that this risk would increase unless a wall surrounded the
property.
Margaret Walker, 30137 Avenida Tranquila, agreed with the previous speakers, added that
often video stores were open until midnight and customers would be rushing back just before
closing and slamming car doors.
Council discussion centered on geologic information for this site and staff confirmed that the
applicant was aware of potential problems identified in current and previous geology reports.
It was also clarified that if the zoning was changed, the businesses proposed would be
permitted "by right" rather than through individual CUP's, but that the building itself would
require a CUP if it was over 16' in height. It was suggested that even without the approval of
a General Plan amendment, the property was very likely to be unstable and unfit for an office
building, even though the current zoning allowed this use.
The applicant, Mark Esses, of the California Realty Group, 11835 Olympic Boulevard, Suite
1050, Los Angeles, explained that he was seeking feedback from the City and the adjacent
residents and that he could see from that feedback that the project did not appear to be viable.
He stated that preliminary geology reports had shown deep fill, and indications of an ancient
landslide, and he estimated that it would cost of $500,000 just to create a suitable building
site.
Council agreed that there would be great expense and a long permit process to create a
buildable lot and also noted that habitat mitigation measures would be required because of
the presence of gnatcatchers in Agua Amarga canyon.
The consensus of the Council was that the developer was free to submit an application for a
General Plan amendment and that the feedback he had requested had been provided.
Miraleste Recreation and Park District Appointments (301 X 1200)
The staff report recommended that the Council consider the following options: (1) Appoint
William M. Corcoran and Carol Swets to the Miraleste Recreation &Park District Board of
Directors for a term of office until December 1999. (2) Conduct another recruitment and
interview all candidates on September 1 prior to the regular City Council meeting. (3) Call for
a special election which would be scheduled for early 1999.
Councilmember Lyon moved, seconded by Councilman McTaggart, to appoint William M.
Corcoran and Carol Swets to the Miraleste Recreation & Park District Board of Directors for a
term of office until December 1999. The motion carried.
Interview date for View Restoration Commission applicants (301 X 1806)
The staff report recommended that the Council set a date to interview the applicants for the
vacancy on the View Restoration Commission.
City Council Minutes
August 18, 1998
Page 12
Lois Larue, 3136 Barkentine Road, stated her opinion that the View Restoration Commission
is "a mess" and would not be improved by adding more members.
Consensus of the Council was to meet on August 31, 1998 at 6:30 P.M., before the joint
workshop with the Planning Commission beginning at 7:00 P.M.
PUBLIC COMMENTS:
Lois Larue, 3136 Barkentine Road, stated that some material in the agenda packet was
unreadable and the Council should take action to improve the situation with Proposition M.
She also discussed development in the City, particularly in the landslide area.
CLOSED SESSION REPORT: City Attorney Lynch reported the following:
• Regarding Rancho Palos Verdes vs. Tumajan & Tumajan Investments, the City Council
unanimously approved an agreement to allow the homeowners association to proceed
against the developer on behalf of the City to collect on certain bonds. This was in
reference to the Vista Pacifica project which the developer did not properly complete in
accordance with the development specifications that were approved by the City.
• No action was taken on the other three items.
ADJOURNMENT: At 11:12 P.M., Mayor Ferraro adjourned the meeting to Monday, August
31, at 6:30 P.M. to interview View Restoration Commission candidates and a Joint Meeting
with the Planning Commission.
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MAYOR
ATTEST:
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clerk\minutes1081898cc. min
City Council Minutes
August 18, 1998
Page 13