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CC MINS 19980203MINUTES RANCHO PALOS VERDES CITY COUNCIL FEBRUARY 3, 1998 REGULAR MEETING The meeting was called to order at 6:00 P.M. by Mayor Ferraro at the Hesse Park Community Center, 29301 Hawthorne Boulevard, and was immediately recessed to a closed session per the Brown Act Checklist attached to the agenda. The meeting reconvened at 7:00 P.M. After the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: Byrd, Lyon, McTaggart and Mayor Ferraro ABSENT: Hollingsworth Also present were City Manager Paul D. Bussey; City Attorney Carol Lynch; Interim Planning, Building & Code Enforcement Director Joel Rojas, Director of Public Works Les Evans; Director of Finance Dennis McLean; Asst. City Manager Carolynn Petru, Administrative Services Director /City Clerk Jo Purcell and Recording Secretary Monica Ponce. RECYCLE DRAWING (1204 x 1301) Mayor Ferraro announced the recycler winner of the month as Susan Bowman. Ms. Bowman will receive one year of free trash pick -up. APPROVAL OF THE AGENDA Councilwoman Lyon moved, seconded by Councilman McTaggart, to approve the Agenda. Motion carried without objection. APPROVAL OF THE CONSENT CALENDAR Sunshine, 6 Limetree Lane, spoke regarding proper construction of bike paths on Palos Verdes Drive South. Councilwoman Lyon moved, seconded by Councilman McTaggart, to approve the Consent Calendar as follows: Minutes (301) Approved the Minutes of December 2 and 16, 1997. Correction to November 5, 1997 Minutes (301) Approved the correction to the November 5, 1997 Minutes. Notice of Completion - Los Angeles Engineering - PVDS Reconstruction from Narcissa to Peppertree (1204 x 1404) (1) Authorized staff to approve change orders totaling $49,126.45 over the contract price for a total authorization of $491,355.35; (2) Accepted the work as complete;. (3) Authorized the City Clerk to file 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 to exonerate the Payment and Performance bonds; and, (4) 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. Point Vicente Lighthouse - Proposed Disposal by U. S. Coast Guard (1101 x 601) Authorized the Mayor to send a letter to the United States Coast Guard indicating the City's interest in being considered as a participant/recipient if the Point Vicente Lighthouse is outgranted on a long -term basis or disposed of in the future. Register of Demands - Resolution No . 98 -04 (602) Adopted Resol. No. 98 -04- 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, and Mayor Ferraro NOES: None ABSENT: Hollingsworth Appeal of the Planning Commission Approval - CUP No. 185 - Wayfarers Chapel Visitor Center (1203 x 1804) Mayor Ferraro opened the public hearing on this matter and City Clerk Purcell reported that notice of the hearing had been duly published and that written protests had been received by the City and were a part of the agenda packet. Associate Planner Pfost presented the staff memorandum of February 3 and the City Council Minutes February 3, 1998 Page 2 recommendation to adopt the proposed resolutions denying the appeal and upholding the Planning Commission's approval of Conditional Use Permit No. 185, Variance No. 388, Grading Permit No. 1793, and Environmental Assessment No. 676, subject to conditions. City Attorney Lynch remarked upon the indemnification issue and stated that the City does not routinely require this of applicants. Council discussion centered on Wayfarers Chapel wedding arrangements with respect to the adequacy of the parking; the length of time between scheduled events; safety factors; landslide issues; drainage deficiencies; and, deed restrictions. City attorney Lynch confirmed the City's standing on the deed restrictions with respect to CC &R's by explaining that the City has no obligation or ability to enforce private CC &R's. Speaking against granting the conditional use permit were the following residents: Bill Griffin, 5 Ginger Root Lane, began by referencing geological studies on Wayfarers Chapel. He quoted from letters prepared by Geologist Keith Ehlert and the project architect Dean Andrews. He further suggested that a danger does exist in the Portuguese Bend landslide complex and opposed construction approval. Corinne Gerrard, 22 Narcissa Drive, stated that the Council should deny the project based on an unknown degree of risk. She stated that the unstable ground is being made temporarily stable by the pumping of water and she recommended denial of the project on .the basis of restrictions and conditions placed on a grant deed dated March 4, 1949. She also requested that the City restrict outdoor weddings based on this grant deed which stated that the property shall not be used for any other purpose other than for the conducting of religious services. Jeannette Mucha, 5538 Littlebow Road, referenced the landslide moratorium policy's mission which is to maintain the lands in a geologically stable condition before allowing any more new construction. She pointed to Dr.. Ehlig's letter dated July 9, 1997 which stated that the proposed visitor center would be in an area of the moratorium threatened by the Abalone Cove landslide. She mentioned that it had not yet been stated whether any risk existed in building the center and that the Council deny a conditional use permit. Lois Larue, 3136 Barkentine Road, summarized her Abalone Cove landslide activity involvement since 1974. She explained that she had pointed out the parking lot "waves" of Wayfarers Chapel to a member of the Planning Department. Joan Wright, 1 Fruit Tree Road, expressed concern about the noise enerated b 9 Y outdoor activities at the church. However, she focused on the serenity of the area around the Wayfarers Chapel which she felt should remain a privilege of the residents. City Council Minutes February 3, 1998 Page 3 Bill Ruth, 4 Thyme Place, also spoke to the noise issue. Dave Larue, Ph. D., 3136 Barkentine, a geologist, stated that he wrote various papers concerning the Abalone Cove landslide and has visited the site numerous times. He explained in detail the temporary stability of this inactive landslide area and urged the City Council not to tamper with the land., Sunshine, 6 Limetree Lane, also felt that no construction should take place in the building moratorium zone. David Turner, 18 Sweetbay Road, spoke against the permit for expansion. Marlene Laughlin, Minister at the Wayfarers Chapel, 5755 Palos Verdes Drive South, stated that the general mission of the church is to provide religious services on Sunday mornings, perform baptisms, memorial services and weddings. The main objective of the building permit is to replace the previous visitor center, thereby improving their facilities and providing a means of shelter for visitors. She stated that the new center would provide the most scenic view of the ocean and Abalone Cove and agreed to exclude outside weddings to eliminate the need of a P.A. system and amplified music, except for Sunday services. Perry Ehlig, Ph. D., 1560 Via Del Rey, South Pasadena, City Geologist, relayed that to the best of his knowledge, (1) no landslide exists beneath the chapel area; (2) that there is no likelihood that it will fail; however, as a geologist, he is not permitted to comment on safety factors. Dale Hinkle, 15510 Rockfield #B, Irvine, City geotechnical consultant, further explained that a boring on this property went down 38 feet; that the drill could not penetrate the basalt below that level. He suggested the factor of safety was at 1.5. Council discussion focused on the moratorium safety factor calculation guidelines. Perry Ehlig, Ph.D., again commented on the tremendous amount of data necessary to determine the true safety factor. Minister Laughlin, responded to Council's inquiry concerning scheduling of weddings and request for a P.A. system. She stated that weddings are scheduled throughout the week and the original request for a P.A. system was to allow for the option of Sunday services and /or outdoor weddings. She had no disagreement that the request might be denied due to a possible public nuisance. Chuck Battelle, grounds manager for Wayfarers, remarked that the amphitheater amplification was used only for Easter Sunday ceremonies. The music amphitheater City Council Minutes February 3, 1998 Page 4 amplification had not been used. He felt the Wayfarers Chapel's natural greenery reduced the noise factor. Dr. Larue, 3136 Barkentine, geologist, responded to Dr. Ehlig's comments. He stated that real evidence exists and the Wayfarers Chapel area had been mapped as part of the slide complex. RECESS and RECONVENE: At 8:25 p.m., Mayor Ferraro declared a recess. The meeting reconvened at 8:40 p.m. Appeal of Planning Commission's Approval of C.U.P. No. 185 - Wayfarers Chapel (Continued) Dean Andrews, architect for Wayfarers Chapel, added that no requests were made for music amplification; however, there were instances where a microphone would be used for special services. He again reiterated the main objective of the permit is to replace the visitors' center. The main building height selected would be 18 feet. Councilwoman Lyon moved, seconded by Councilman McTaggart to close the public hearing. Motion carried. Council discussion ensued concerning case -by -case approval for use of the outdoor P.A. system; time limits of Wayfarers Chapel exterior lighting; and, the lot line adjustment for the sewer easement. Councilman Byrd moved seconded by Councilwoman Lyon to approve the staff recommendation with amendments; that the appellant's fee be returned: and, that construction on Saturday be limited between the hours of 8:00 a.m. and 5:00 p.m.; and, lastly, that the resolutions be presented on the Consent Calendar at the February. 17 meeting. Grading Permit No. 1933 - Appeal 30764 Tarapaca Road (1203 x 1801) Mayor Ferraro opened the public hearing on this matter and City Clerk Purcell reported that written protests were received by the City and were a part of the agenda package presented to Council. Associate Planner Fox presented the Staff Memorandum of February 3 and the recommendation to adopt the proposed resolution thereby denying the appeal and upholding the Planning Commission's action. Speaking to the matter were the following residents: City Council Minutes February 3, 1998 Page 5 Roslyn Stewart, Esq., P.O. Box 3444, Rolling Hills Estates, representing the Homeowners' Association, spoke in favor of the appeal. She addressed the Council regarding (1) concern to minimize the risk of a potential geologic danger; and, (2) concern for the safety of citizens and for the protection of their real and personal property. She summed up a brief history of the El Prado Estates community and related that the original geologist remarked upon the close proximity to the slide area and the difficulty to ascertain between the landslide area and the stable area. Ms. Stewart referred to a letter dated July 6, 1997, which stated that the subject property sits directly above a secondary landslide. (Ms. Stewart presented a written summary of her comments which is on file with the City Clerk's Office.) Judith Webb, 2821 Calle Aventura, El Prado Estates, immediate past president of Homeowners' Association, presented a series of photographs of the ancient landslide activity. Dave Larue, Ph. D., 3136 Barkentine, gave a slide demonstration showing where the subject property sits in relation to the ancient landslide. John Jordan, 30759 Tarapaca Road, spoke in support of the appeal and stated that the lot the applicant wishes to build on is too unstable. Keith Reynolds, 30745 Tarapaca Rd., spoke in opposition to this project, citing the drainage and geologic problems with the area. William L. Larson, 2792 Vista Mesa Drive, president of the Homeowners' Association, felt that the City had not done any due diligence examination of Mr. Richards to determine whether he has the financial wherewithal to provide a meaningful hold harmless. Lois Larue, disagreed with Council's previous ruling on Wayfarers Chapel and with geologists' opinions to build on potential landslide areas. Clara Duran Reed, Esq., 30652 Palos Verdes Drive East, briefed Council of the Agoura Hills landslide case and its litigation costs. She stated that due to the unstable condition of the subject property, the City should not grant approval of a grading permit. Jeff Richards, 4246 Spencer St.,Torrance, the project applicant, clarified that the lot had not been built on by the previous owner due to the location of the sewer line on the lot. He also stated that the existing house on the adjacent lot at 30763 Tarapaca Road showed no sign of movement as a result of the South Shore Landslide. Keith Ehlert, 27580 Hawthorne BI., Rolling Hills Estates, the project geologist, stated that there was no evidence of fissures or past landslide activity on the property, and that the City Council Minutes February 3, 1998 Page 6 South Shores Landslide was not propagating upslope. Steven Ng, 3140 West Main Street, Alhambra, soil engineer for the project stated that the same material from his lab tests contain a safety factor of 1.5. He further expressed his belief that the land between the site and the existing landslide is not likely to fail. Dale Hinkle, the City's geotechnical consultant stated that the design of the soldier piles would support the weight of the material because the material is no longer pushing downhill; that the drainage device controls run off across the landslide and improve the stabi l ity of the landslide by decreasing the permeability of the soil to water. Perry Ehlig, Ph. D., remarked that the Tarapaca area was currently draining into the slide area in an uncontrolled manner. Dave Larue, Ph. D., 3136 Barkentine, a structural geologist, commented that the secondary landslide had moved a number of occasions throughout geologic history and that the active landslide complex is rapidly becoming more active. He further stated that Council should be concerned with stopping the landslide, not the actual development; and that the land is unsafe territory. Rozvan Ramezani, 2826 Calle Aventura, a petroleum engineer, inquired as to the geologists' analyses and commended them for their engineering work. Ms. Roslyn Stewart, noted the difference of opinions among experts and reminded the Council to base their decision on the most conservative views. It was the consensus of Council to continue the matter to February 17 at which time Council could set a date for an adjourned meeting for a field trip to the area. RECESS and RECONVENE: At 10:35 p.m., the Mayor declared a recess. The meeting reconvened at 10:45 p.m. REGULAR BUSINESS: Bing Yen Associates /Perry Ehlig Study on "Feasibility of Stabilizing Portuguese Bend Landslide" (1203 x 1801) Director Evans presented the staff memorandum of February 3 and the recommendation to (1) receive and file the preliminary investigation report by Bing Yen &Associates and Perry Ehlig entitled "Feasibility of Stabilizing Portuguese Bend Landslide." (2) Acknowledge the intention of the Portuguese Bend, LLC (formerly Palos Verdes Land Holdings Company) to submit a Plan of Action to stabilize and develop a portion of their property within the moratorium area under Municipal Code Section 15.20.100. (3) City Council Minutes February 3, 1998 Page 7 Review the procedure for the processing of the Portuguese Bend, LLC moratorium exclusion. City Manager Bussey confirmed that the property owner plans to submit an application for moratorium exclusion. He suggested that Council hold one major public hearing prior to getting to a moratorium exclusion hearing. Perry Ehlig, Ph. D., stated that the previous work on the landslide did not solve the basic problem of the Portuguese Bend landslide; and, that the water had caused the landslide to increase its speed through time. Bing Yen, Ph.D., geotechnical engineer for project, described in detail his preliminary investigation report. Further clarification of the features of the slide area ensued between Council and Dr. Yen. Bill Griffin, 5 Ginger Root Lane, reminded Council of the conservative safety factor of 1.5. Sunshine, 6 Limetree, supported staff recommendation to receive and file the report. Cathy Nichols, 14 Crest Road West, Rolling Hills, requested that Council seriously think before allowing any moratorium exclusion. Councilman Byrd moved, seconded by Councilwoman Lyon that the City Council receive and file this report. Motion carried. Draft amendments to the View Restoration Commission (VRC) Guidelines (1203 x 1806) Because of the lateness of the hour this item was continued to February 17. Eastview Strategic Planning Committee (11101 x 1401) City Manager Bussey presented the report of February 3 and the recommendation to: (1) consider creating a joint committee between the City Council and the Palos Verdes Peninsula Unified School District Board for the purpose of developing a strategy to allow Eastview students to attend Peninsula schools. (2) Appoint two City Council members to serve on this committee and direct staff to request the school district board to do the same. Mayor Ferraro appointed both herself and Councilwoman Lyon to serve as this ad hoc City Council Minutes February 3, 1998 Page 8 committee. Midyear Financial Report (602) Continued to February 17, 1998. PUBLIC COMMENTS: Anthony Segreto, 5677 Mistridge Dr., presented a written statement requesting that the Council consider imposing a moratorium on granting C. U. P's on Crest Road because of the traffic impact generated by functions held at the Congregation Ner Tamid. (Mr. Segreto's letter is on file with the City Clerk's Office.) ADJOURNMENT: At 12:05, the meeting adjourned on motion of Councilman MCTaggart. ATTEST: CITY CLERK nAcityc1erk \minutes \020398cc. min mwm, 1 MAYOR City Council Minutes February 3, 1998 Page 9