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CC MINS 19981104 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 4, 1998 The meeting was called to order at 7:07 P.M. by Mayor Ferraro at Fred Hesse Community Park, 29301 Hawthorne Boulevard. 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 Trayci Nelson; and, Recording Secretary Jackie Drasco. CEREMONIAL MATTERS (304 x 1101) The Mayor presented a 15-year service pin to Public Works Permit Clerk Becky Martin and a 10-year service pin to Planning Building and Code Enforcement Director Joel Rojas. RECYCLE DRAWING(1204 x 1301) A name was drawn for the month of November and the Mayor announced the winner for October was Millie Yelusich, who will receive one year of paid trash service. APPROVAL OF AGENDA Councilman McTaggart moved, seconded by Councilmember Lyon, to approve the Agenda as presented. The motion carried. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine Road, spoke to the following Consent Calendar items: the Six Month Review of Job Sharing Program, the Refuse and Recycling Survey and the Annual Destruction of Records. Councilman McTaggart moved, seconded by Mayor Pro Tem Hollingsworth, to approve the Consent Calendar as follows: City Council Minutes November 4, 1998 Page 1 Notice of Completion for Montemalaga Median Landscape Improvement Project - Bennett Enterprises - (1204 x 1405) 1. Accepted the work as complete; 2. Authorized the City Clerk to record a Notice of Completion with the County Recorder; if no claims are filed 35 days after recordation, and upon the contractor posting an acceptable warranty bond, notify the surety company of the exoneration of the Payment and Performance bonds; and, 3. Authorized the Finance Director to release the 10% retention payment 35 days after recordation of the Notice of Completion by the County Recorder contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond. Professional Services Agreement - Palos Verdes Drive East and Bronco Drive Drainage (1204 x 604) Approved a professional services agreement with Merit Civil Engineering, Inc. for design, administration, and construction inspection of the Palos Verdes Drive East and Bronco Drive drainage project for a fee of$52,900 and authorized the Mayor and City Clerk to execute the agreement. Six Month Review of Job Sharing Program (I 101 x 1202) Received and filed the report. Refuse and recycling survey -single family residences (1204 x 1304) Approved the mailing of a refuse and recycling survey to single family residences. Resol. No. 98-93 - Records Management -Annual destruction of records (301) ADOPTED RESOL. NO. 98-931 A RESOLUTION OF THE CITY COUNCIL OF THE CIN OF RANCHO PALOS VERDES AUTHORIZING THE DESTRUCTION OF CERTAIN CIN RECORDS AS PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. Resol. No. 98-94 - Register of Demands (602) ADOPTED RESOL. NO. 98-941 A RESOLUTION OF THE CIN COUNCIL OF THE CIN 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: Lyon, McTaggart, Byrd, and Mayor Ferraro NOES: None City Council Minutes November 4, 1998 Page 2 PUBLIC HEARING: Extension and Expansion of the Antenna Moratorium (1203 x 1801) Mayor Ferraro opened the public hearing regarding the request for an extension and expansion of the moratorium on the acceptance or processing of applications related to the construction of more than one commercial antenna or ham radio antenna structure on any lot within the City. City Clerk Purcell announced that notice had been duly published and that all protest letters had been included in the agenda packet, with some later correspondence having been distributed to Council just prior to the meeting. Director Rojas presented the staff report of November 4,1998 and the recommendation to adopt a proposed ordinance establishing a new Moratorium on the acceptance or processing of applications and the issuance of permits or other entitlement for, and the construction of, all commercial or amateur antennas or antenna structures. Council discussion centered on the expansion to include all antennas and the rationale for such a moratorium. It was argued, however, that the proposed one-year extension could be shortened if the revision of the ordinance is completed sooner, and that the 45-day extension, and the one-year extension could be two separate actions. Speaking in opposition to the staff recommendation were the following people: Skip Hansen, 3250 Martingale Drive Harold Hermann, 8 La Vista Verde Roe Ramsey, 2629 West 235th Street, Torrance, CA 90505, L. A. County Disaster Communications Service Dale Hanks, 5225 Middlecrest Road, PV Amateur Radio Club Robert Keefer, 5148 Silver Arrow Drive, PV Amateur Radio Club Demetrius Hatzeson, 6542 Ocean Crest Drive, C-204 Herb Clarkson, 6424 Seabryn Drive, PV Amateur Radio Club Dodie Clarkson, 6424 Seabryn Drive John Freeman, 6850, PV Amateur Radio Club Mark Lidikay, 920 E. Carson, ##43, Carson, CA 90745, Southern California Radio Amateur Network James P. Haire, 27102 Springcreek Road, PV Amateur Radio Club Brian Tilley, 29026 Indian Valley Road Peter K. Von Hagen, 32426 Conqueror Rick Adams, California Microwave Relay Association Jacqueline Mathis, 32426 Conqueror Drive John Frederickson, 27526 Eastvale Douglas Dowds, 415 E. 238th Street, Carson, CA 90745, PV Amateur Radio Club Mark Abrams, 44 Oceanaire, Committee for Equitable Antenna Regulations Jeff Hilmer, 26015 Narbonne Ave., #16, Committee for Equitable Antenna Regulations Rick Eastwood, 25905 Narbonne Ave., Box#14, Committee for Equitable Antenna City Council Minutes November 4, 1998 Page 3 Regulations Jim Jerzycke, 1880 West Carson Street, F-300, Torrance CA 90501 Bob Staner, 1934 253rd Street, Lomita, CA 90717 Michael Wuvestig, 13321 Wilson Street, California Microwave Relay Association Tom Vegors, P. O. Box 2181,Rancho Palos Verdes Joe Locascio, 29703 Whitley Collins Their comments g and concerns centered on the following some of the speakers did p not recall the moratorium applying to all antennas; opposition to the one-year extension; that the committee went too far in rewriting the entire ordinance and not just making ga revision to it; and, that extension of the moratorium would people discourage le from p p participating in ham radio activities. Some felt that extending the moratorium was bad for disaster preparedness and public safety; and, that the old ordinance was sufficient. Some speakers felt that people were being deprived of the right to enjoy their hobby; that the current ordinance could be amended by changing only a few words; and t . 9 g Y and, the language in the proposed ordinance was too restrictive contradictoryand ' difficult to understand. Speaking in favor of the staff recommendation: Karyl Newton, 46 Oceanaire Rosalind Stewart, no address given Frank Lyon, member of the Planning Commission ad hoc Committee These speakers expressed support to extend the moratorium and to hold the six applications currently pending to avoid the confusion of switching codes in the mid . g middle of the permit process. They also felt that the old code was outdated and time should be given to prepare a new one which would be equitable to all. It was stated that the new code was almost ready to be reviewed by the Planning Commission and would theno to the Cit g City Council. This new ordinance would define specific antennas to make the process simpler. Representing the Antenna subcommittee was Planning Commissioner Frank Lyon . 9 y n who felt that input from the radio club had been very helpful. Council discussion clarified that revising the ordinance had been more complex p ex than initially thought; that defining the various antennas was important to differentiate to between a very small antenna which might require no review or a simple site q p plan review as opposed to the larger antennas which would require more study. Y Recess and Reconvene: At 8:17 P.M. Mayor y Ferraro declared a recess. The meeting reconvened at 8:20 P.M. Mayor Ferraro closed theublic hearing. p 9 Councilman McTaggart moved for a 45-day extension. City Council Minutes November 4, 1998 Page 4 Council discussion of the motion focused on whether the ordinance should include the expansion; and, the importance of the ordinance being clear for both staff and applicants. The suggestion was made that the City Attorney, Planning Director and Councilman McTaggart, who had been meeting with the ad hoc committee, finalize the work almost completed by the committee. It was argued, however, that the committee should be allowed to complete their work if they would do so in a timely manner which would be submitted to the Planning Commission in time to provide the 15-day required notice for a public hearing by mid-November. After additional Council discussion of the motion, Councilman McTaggart's proposed an amendment to extend the moratorium for 45 days, with expansion; direct that the Planning Commission hear the item by January 1999; and, that the City Council hear the item by February 1999. The motion as amended was seconded by Councilman Byrd. It was pointed out that a one year extension of the new moratorium could be considered by the Counci I on December 1,1998, as a separate issue. Mayor Ferraro re-opened the public hearing. Frank Lyon of the ad hoc committee believed that the timing was reasonable and that the committee should be able to meet the deadline. Mayor Ferraro closed the public hearing. The City Attorney clarified that the ordinance under consideration was the specific ordinance included in the agenda packet. Councilman McTaggart's motion failed on the following roll call vote: AYES: Byrd, McTaggart NOES: Lyon and Mayor Ferraro ABSTAIN: Hollingsworth Further Council discussion focused on the problems created in setting proposed deadlines which might not be met and how to move the process along within a reasonable time frame. It was explained that there had been various draft versions of the proposed ordinance available for public review at each ad hoc committee meetings; and, that at the time of the 15-day notice before the Planning Commission hearing, copies of the proposed ordinance would be available. Mayor Ferraro re-opened the public hearing. Tom Vegors proposed some changes to the current code so the matter could be finalized at the meeting. He said that the same proposal had been submitted to the ad hoc committee by Herb Clarkson on August 5, 1998. City Council Minutes November 4, 1998 Page 5 Council consensus was to let the committee continue its work and it was clarified that the Planning Commission had to first approve any ordinance for submittal to the Council. Mr. Vegors's written proposal was submitted to the Planning Director. Mayor Ferraro closed the public hearing. Mayor Pro Tem Hollingsworth moved, seconded by Councilman McTaggart, TO ADOPT ORDINANCE NO. 341 U, THEREBY ESTABLISHING A NEW 45-DAY MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF APPLICATIONS AND THE GRANTING OF PERMITS OR ENTITLEMENTS TO CONSTRUCT OR INSTALL ON ANY LOT WITHIN THE CIN A COMMERCIAL OR AMATEUR ANTENNA OR ANTENNA SUPPORT STRUCTURE; to request staff to provide a copy of the draft ordinance to the Council on December 1, 1998, to set appropriate deadlines for submittal to the Planning Commission for review and to the City Council for approval. The motion carried on the following roll call vote: AYES: Byrd, Lyon, McTaggart, Hollingsworth, and Mayor Ferraro NOES: None Recess and Reconvene: At 9:02 P.M., Mayor Ferraro declared a recess. The meeting reconvened at 9:09 P.M. Appeal of the Planning Commission's approval of Grading Permit No. 1933 91203 x 1801) Mayor Ferraro opened the public hearing on this request for approval of Grading Permit No. 1933 for a new, single-family residence at 30764 Tarapaca Road (Richards/E/ Prado Estates Homeowners' Association, ETAS.). City Clerk Purcell announced that notice had been duly published and that all protest letters had been included in the agenda packet and that late correspondence had been distributed to Council just prior to the meeting. Associate Planner Fox presented the staff report of November 4,1998 and the recommendation to adopt the proposed resolution denying the appeal and conditionally approving Grading Permit No. 1933. Council discussion centered on the impact on the South Shores landslide and whether the landslide would impact the stability of the proposed home. It was agreed that this particular landslide has not been studied as extensively as the Portuguese Bend and Abalone Cove landslides, nor were there dewatering wells or GPS measurements. James Lancaster, the City geologist, reported that the South Shores landslide is part of an ancient landslide complex and it was felt there may be movement, however, there are insufficient studies to determine the amount. He stated that this land movement was a separate issue from this project and he believed that the proposed structure would City Council Minutes November 4, 1998 Page 6 have no impact on the landslide nor on the structure because of the caisson foundation. He felt that the structure might even help land stability by improving drainage. Further Council discussion focused on the enforceability of conditions such as requiring drought tolerant landscaping, the fact that there could be a broken pipe at any home, and Mr. Lancaster's feeling that water could cause or increase movement of the South Shore landslide. There was additional discussion about fissures re-occurring on the lot after grading and the fact that the house should remain in place if the construction is engineered properly with a foundation into bedrock. It was also argued that the water would drain off the subject property ultimately onto City land; that there were probably not multiple slide planes but that trenches show there is bentonite with rock intact below. The following speakers spoke in opposition to the staff recommendation: Roslyn Stewart, Attorney for the EI Prado Estates Homeowners Association Dr. David Larue, 3136 Barkentine Road Keith Reynolds, 30745 Tarapaca Road Lois Larue, 3136 Barkentine Road Brett Walker, 30763 Tarapaca Road William Larson, 2791 Vista Mesa, President of EI Prado Homeowners Association James Reed, 30652 Palos Verdes Drive East John Jordan, 30759 Tarapaca Road Badrul Hoda, 3 Telegraph Hill Road, Sandwich, MA 02563 Jane Jones, 2747 Vista Mesa Marie Bowers, 30529 Santa Luna Drive, EI Prado HOA Ruth Racisz, 30751 Tarapaca Road Clara Duran Reed, 30652 Palos Verdes Drive East The concerns of these residents centered on the following issues: the threat of land movement because of the large amount of soil proposed for removal; and, that geology is not an exact science and geologists often disagree or cannot provide a guarantee for stability. The fact that water entering the landslide could cause massive land movement; the enforceability of conditions placed on the current owner and future owners to control water; the fact that the landslide moved during the summer when there was no rain. Another concern was the lack of protection offered by a hold harmless agreement unless it was backed up by cash, a bond, or indemnity insurance; what happened in the event the property owner declared bankruptcy; and, the liability this would place on the City. It was argued that the proposed structure could affect the South Shores landslide even with a caissons foundation. It was also felt that the geologic studies had not been thorough enough and the prohibition of a swimming pool on this property was an indication of concern about its instability. One resident.reported that there was a temporary sewer pipe which pulled apart and resulted in raw sewage spilling. Additionally, the power pole on the property continuously sinks lower. City Council Minutes November 4, 1998 Page 7 It was pointed out that actions taken by Los Angeles County such as routing a sewer away from this area through nearby Friendship Park and the decision not to build a golf course on Friendship Park was some indication of the County's doubts about the stability of this land. It was believed that if this new structure might cause even a remote chance of land movement, it should not be allowed. Speaking in favor of Staff Recommendation were the following persons: Rick Brizendine, attorney for the landowner Keith Ehlert, 27520 Hawthorne Blvd., Suite 220, Rolling Hills Estates, CA 90274, project geologist Dr. Kim Bishop, 3425 East Chevy Chase, Glendale, CA 91206 Jeff Richards, 4246 Spencer Street, Torrance, 90503, property owner Their comments focused on the following: that the proposed house would not be built on the landslide but on bedrock about 150 to 200 feet above the landslide; that there was conformance with City codes; that six geologists had studied the data gathered by a geologist who was physically lowered on a cable into two 24-inch wide borings 60 to 65 feet deep; that evidence showed that the house was safe; that it was isolated and that building the structure might even help prevent land movement because of improved drainage by a system approved by the City to collect and direct surface water. Continuing, they said that there had been $40,000 spent on geological studies; that the 12 caissons, 60' deep were more than enough to hold the house in place. It was believed that water from sprinklers would not be significant when compared with rain runoff from Friendship Park; and, that the house next door had been built forty years ago and has never experienced any movement. Geologist Keith Ehlert opined that there would be no impact to the structure by the landslide or vice versa. Speaking in rebuttal, Dr. David Larue said that six geologists say the lot can be safely built upon and that there are five who say it cannot, proving that geology is indeed not an exact science. Roslyn Stewart stated that it was possible to improve land stability without building this home. Also speaking in rebuttal, property owner Jeff Richards, verified that the staff report stated that his property is 200 feet above the landslide. Mayor Ferraro closed the public hearing. Council discussion included the fact that not much was known about this particular landslide, that there was a possibility that the project could cause land movement, that control of water is critical, and that improved drainage with construction of the structure City Council Minutes November 4, 1998 Page 8 might help. Councilman McTaggart moved to uphold the appeal and overturn the Planning Commission's approval of Grading Permit No. 1933 Council consensus was that there were too many unknowns; some of them had seen first hand cracks reappear after grading; and, that the City would spend millions of dollars for further geologic testing and still there would be no guarantee of stability. There was also concern that it would be difficult to enforce the conditions of approval far into the future even though the approval would run with the land and the City would have the right to periodically inspect the drainage system. After discussion of the motion, Councilman McTaggart amended his motion to include denial of the project without prejudice. The motion as amended was seconded by Councilman Byrd. The motion carried. Recess and Reconvene: At 11:20 P.M., Mayor Ferraro declared a recess. The meeting reconvened at 11:35 P.M. View Preservation Request No. 1-Appeal (1203 x 1806) Mayor Ferraro opened the public hearing on this request for an appeal of View Preservation Request No. 1-Appeal of the View Restoration Commission's determination that foliage which was not included and, therefore, not subject to View Restoration Permit No. 17, be trimmed to a point 8 feet above the bottom of the applicant's rear yard slope (which is the third bar from the top of the applicant's deck handrail) and trimmed to that level on a semi-annual basis beginning in June and again in December. City Clerk Purcell announced that notice had been duly published and that all protest letters had been included in the agenda packet. Project Coordinator Nelson presented the staff report of November 4,1998 and the recommendation to adopt the proposed resolution affirming the decision of the View Restoration Commission, and approving View Restoration Request No. 1 upon finding that all applicable findings have been correctly made and all provisions of Section 17.02.040 (C)(2) have been complied with. Ken Dyda, 5715 Capeswood Drive, stated that the View Restoration Commission's decision that the foliage was to be trimmed to eight feet from the bottom of the view owner's rear yard slope was not reflected in the resolution which said that the foliage was to be trimmed to the third bar from the top of the deck handrail. Captain Padam Singh, 5714 Wildbriar Drive, said that he had complied with instructions give to him, that he did not see the need to make a change but that the City Council's job was to make this determination. Council discussion centered on the changes made to View Restoration procedures City Council Minutes November 4, 1998 Page 9 since 1990 when the word "significant" was added. The View Restoration Commission had ruled on significance and the trees addressed in the original View Restoration Permit were to be trimmed at a different level than the trees addressed in the View Preservation Permit. Ken Dyda added that the measurement was taken from the chain link fence but his property line was actually farther down the slope which meant that the trimming should really be to the lowest bar, fourth from the top, of the deck rail. Captain Singh disagreed, stating that the third rail from the top was correct. Further discussion centered on how the two sets of trees on the foliage owners property which would now be trimmed to different levels could be made consistent and to eliminate additional cost to the foliage owner for more frequent trimming. It was felt that because these plants are more hedge-like than tree-like, an additional foot should not harm the foliage and should not reduce privacy. The City Attorney opined that the View Restoration Commission could not change their original decision but they could change this last decision for consistency with the trimming level of all foliage. Captain Singh believed that the extra foot would reduce his privacy. Council replied that the View Restoration would reconsider their decision based on the correct measurement of eight feet from the bottom of the view owner's rear yard slope and consider privacy issues. Mayor Ferraro closed the public hearing. Mayor Pro Tem Hollingsworth moved to uphold the appeal and remand this item to the View Restoration Commission in an attempt to make the level of the two sets of trees consistent. The motion was seconded by Councilman Byrd The motion carried. REGULAR BUSINESS: Ocean Trails - Review of Bicycle Path, Pedestrian Trail, and Wall (1203 x 1411) Mayor Pro Tem Hollingsworth reported that he had met with the developer and the homeowners association and appeared before the Coastal Commission regarding this bike trail. Associate Planner Pfost presented the staff report of November 4,1998 and the recommendation to approve the location of the West End Bicycle Path, West End Pedestrian Trail, and block wall along the Western boundary of the Ocean Trails project site. City Council Minutes November 4, 1998 Page 10 John Hussey, 4184 Maritime Road, president of the Community Association for Tract 16540, stated that the association supported the staff recommendation except it believed a wall was necessary for the entire length of the property for security purposes. He said that some lot line adjustments were necessary. He requested that the City accept Lot D and that it be maintained by the developer. Ron Marecich, 4125 Maritime Road, said he is agreeable to the wall if he can keep the gate which is used by his family on a daily basis. Ken Zuckerman, owner of Ocean Trails, thanked Mayor Pro Tem Hollingsworth for his critical assistance with the Coastal Commission and said he hoped that the City would accept Lot D. He said he was willing to build whatever wall was acceptable to all parties concerned. John Hussey clarified that two homeowners disagreed with the proposed wall: one wanted the gate; the other did not want the wall to go past his garage. He said that the association was willing to accept the gate as long as it was locked and would accept the wall to the garage as long as the homeowner provided a barrier around his entire property. Ken Zuckerman mentioned another homeowner who did not want his current wall replaced. He said he was willing to build the new wall to abut the existing wall and would resurface the Ocean Trails side to match. Councilman Byrd moved to approve the location of the West End Bicycle Path, West End Pedestrian Trail, and block wall along the Western boundary of the Ocean Trails project site with the addition of a gate at one of the properties. The motion was seconded by Mayor Pro Tem Hollingsworth. The motion carried. Negotiation of the Cable Television Franchise Renewal Agreement (605 x 1101) Lois Larue, 3136 Barkentine Road, cautioned the City in negotiating this agreement and made reference to a Los Angeles Times article which she had distributed. Due to the lateness of the hour, it was the consensus to continue this matter to November 17, 1998. Seacliff Hills Street Vacation (1204 x 1408) Due to the lateness of the hour, it was the consensus to continue this matter to November 17, 1998. PUBLIC COMMENTS: Lois Larue, 3136 Barkentine Road, referring to Mr. Abrams' comment that Ms. Newton had not obtained a solicitation permit to have a petition signed, stated that she did not City Council Minutes November 4, 1998 Page 11 know such a permit was necessary. Staff confirmed that no such permit was required to obtain signatures on a petition. ADJOURNMENT The meeting was adjourned at 12:25 A.M. on the motion of Mayor Ferraro. MAYOR ATTEST: CITY CLERK itycleMminutes\1 10498cc.min City Council Minutes November 4, 1998 Page 12