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CC MINS 19930817M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 17, 1993 The meeting of the Rancho Palos Verdes City Council was called to order at 6:00 P.M. by Mayor Brooks at Hesse Park Community Center, 29301 Hawthorne Boulevard and was immediately recessed to a closed session. The regular meeting of the City Council was called to order at 7:00 P.M. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: KUYKENDALL, McTAGGART, BACHARACH, & MAYOR BROOKS ABSENT: NONE Also present were City Manager Paul Bussey, City Attorney Carol Lynch, City Clerk Jo Purcell, Planning Director Bret Bernard, and Public Works Director Trent Pulliam. CLOSED SESSION REPORT: City Attorney Carol Lynch reported that the City Council had met in closed session and discussed the following cases: Sierra Club, et al., v. City of Rancho Palos Verdes, et al., Susan Brooks v. Elizabeth Kelly, People v. Taylor, et al., Charles & Enrica Stuart, et al. v. City of Rancho Palos Verdes, Lightman v. City of Rancho Palos Verdes, and G. Thomas Thompson, et al v. City of Rancho Palos Verdes. CEREMONIAL EVENTS (304) Lomita Sheriff's Station - Introduction of New Commander - Mayor Brooks introduced Captain Pettus the new commander of the Lomita Sheriff's Station who said he was looking forward to working with the staff and the law enforcement agencies in the community. Workers Compensation Award - Mayor Brooks presented the members of the City's Safety Committee, City Clerk Jo Purcell, Maintenance Superintendent Michael Inman, Account Clerk Gayle Van Overbeck and Associate Planner Terry Silverman, with the SCJPIA President's Award for Excellence in Workers Compensation. This award was given in recognition of the City's record of safety on the job. APPROVAL OF AGENDA: Councilwoman Bacharach moved, seconded by Councilman McTaggart to approve the agenda. Motion carried. APROVAL OF CONSENT CALENDAR: The update on emergency preparedness was moved to follow the items of regular business. The Consent Calendar was approved as follow on motion of Councilman McTaggart, seconded by Councilwoman Bacharach: WAIVER OF READING WAIVED READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ADOPTED AT THIS MEETING WITH CONSENT TO THE WAIVER OF READING DEEMED TO BE GIVEN BY ALL COUNCILMEMBERS AFTER THE READING OF THE TITLE. MINUTES APPROVED THE MINUTES OF JULY 19 AND AUGUST 3, 1993. CLAIM AGAINST THE CITY (303) REJECTED THE CLAIM AND DIRECTED THE CITY CLERK TO NOTIFY THE CLAIMANT SYNTEKE DEMONTEVERDE OF THE COUNCIL °S ACTION. REGISTER OF DEMANDS - RESOL. NO. 93 -77 ADOPTED RESOL. NO. 93 -77. The motion to adopt the Consent Calendar carried on the following roll call vote: AYES: KUYKENDALL, McTAGGART, BACHARACH & MAYOR BROOKS. NOES: NONE ABSTAIN: KUYKENDALL ON THE MINUTES OF AUGUST 3, 1993. TRACT NO. 31617 (SEACREST & OCEAN TERRACE DR.) - AMENDMENT NO. 7 (1411) Mayor Brooks declared the public hearing open and the City Clerk reported that notice had been duly published. Councilwoman Bacharach moved, seconded by Councilman McTaggart to continue the public hearing to September 7, 1993. Motion carried. MORATORIUM AREA - GUIDELINES FOR DEVELOPMENT (1900) City Manager Bussey presented the staff memorandum of August 17 and the recommendation to forward the proposed ordinance establishing development standards for Zone Two of the landslide moratorium area to the Planning Commission for Public Hearing and recommendation. The City Manager then proceeded to summarize his report as follows: at the June 1, 1993 Council meeting staff submitted a proposal to divide the landslide moratorium area into eight zones, each with its own development standard criteria. After reviewing the proposal, the City Council directed that an ordinance be prepared to put this proposal into a more formal format which could then be discussed further. Continuing with his report, Mr. Bussey stated that as staff began analyzing -this issue further, it became evident that there were costs associated with this program that had not previously been identified, the primary one being the preparation of the necessary environmental impact documentation. Staff informally inquired about the costs and found that they were easily within the $75,000 range or higher. Since such an analysis would have to include the type of land uses and since the discussion had also included the possibility of rezoning the South Slope area (which includes the moratorium area) , it was felt that it might make sense to include any potential rezoning in the environmental analysis. This would require that the City actually proceed with the rezoning study at the same time and the combined cost of the study and the additional environmental analysis could add another $50,000 to $75,000 to the total cost. To overcome these immediate costs, Mr. Bussey said it was being suggested to proceed at this time with formally adopting development standards for Zone Two only. For the most part, this Zone consists of existing subdivided Tracts 14195 and 14500. He said that it has never been the intention to rezone this previously subdivided land; staff will be able to prepare the environmental documentation without assistance of an outside consultant. Mr. Bussey then proceeded to list the alternatives available for Council consideration: 10 Proceed with adoption of an ordinance establishing development standards for the entire landslide moratorium at this time and authorize staff CITY COUNCIL MINUTES AUGUST 17, 1993 PAGE 2 to bring back documents to amend the budget by adding $75,000 for environmental analysis. 2. Proceed with a rezoning study of the South Slope area including preparation of development standards for the landslide moratorium area and authorize staff to prepare documents to amend the budget by adding $125,000 to $150,000 to cover both the environmental analysis and the rezoning analysis. He stated that possibly a portion of the Environmental Impact Costs could be recovered from future development in the affected area. In conclusion, Mr. Bussey stated that funds are already included in the current budget to proceed with the staff recommendation. Speaking in opposition to the lifting of the moratorium were the following speakers: John Beringer, 3412 Seaglen Drive, representing the Rancho Palos Verdes Council of Homeowners Association, who presented a prepared statement which reiterated the long standing position of that organization that there be no reduction in the moratorium in the Portuguese Bend Landslide area. He stated that organization's support for the 1978 moratorium area declaration by the City. (Mr. Beringer' s August 17, 1993 letter is on file with the City Clerk's Office.) Lois Larue, 3136 Barkentine, said she has been monitoring the landslide since 1975 and said that she disagrees with Dr. Ehlig's opinion that Zone Two is safe. Al Edgerton, 59 Oceanaire Drive, representing the Del Cerro Homeowners Association, disagreed with the installation of septic tanks and questioned who would pay for their installation and for the project's EIR. He requested an independent opinion of Dr. Ehlig's proposal. Speaking in favor of the staff recommendation were the following individuals: Sharon Hegetschweiler, 6 Clovetree Place, said she purchased her property in 1984, that there hasn't been any movement in that area since approximately 1984, that she feels Zone 2 can be safely developed, that the Portuguese Bend Homes Association withdrew from the Council of Homeowners two years ago, that the recession has affected the sale of real estate in the Portuguese Bend area, that there is no growth in that area and she was concerned about the ability of the tax increment to repay the bonds. Dave Ruth, 40 Cinnamon Lane, referred to Dr. Ehlig's report stating that there has been no movement in that area for over 100,000 years. Additionally, he said that the 40 lots that could be built upon could provide as much as $250,000 in property tax revenue annually, that while many people are concerned about liens on their homes, they are also concerned about additional liens on homes from the sewer system to be installed, and he questioned the legality of the extended period of time for which the moratorium has been in effect. Barbara Ferraro, 3530 Seaglen Drive, stated her opposition to this proposed ordinance because she felt it would set a precedent for development in the area. She stated that the moratorium protects the City, that over the past few years the City has spent a lot of money on the landslide and that with only one spring of heavy rains that virtually all attempts to mitigate the slide have been diminished. She urged the Council to preserve the moratorium. (Ms. Ferraro presented a written statement which is on file with the City Clerk's office.) Carl Gutierrez, 3 Clovetree Place, said he has lived in the area for several years and that his family has been in the area for several generations and that he hasn't experienced any land movement. He stated he was in favor of lifting the moratorium. Richard Bara, 1 Peppertree Drive, said that he lives in Zone Six of the moratorium area, that he feels these guidelines are designed to facilitate and encourage development in the area, that he is opposed to it, that anything done CITY COUNCIL MINUTES AUGUST 17, 1993 PAGE 3 in one area will affect another, and that Zone Two is not an island of stability. Cathy Nichols Manning, 14 Crest Road, said that she owns property within the City, urged the Council to leave the moratorium in place, and stated that independent geologists who have reviewed this area have indicated that there is a tremendous risk in development, that the moratorium protects the City and cited the liability incurred by other landslides. Council discussion of this issue focused on the following: whether people were leaving this area because of the slide conditions, the fact that in conducting these environmental studies that more will be learned about the slide area, that the housing stock of the area is getting older and that people want to be able to make improvements to their property, and that perhaps after the data is accumulated a program can be designed to allow some building in Zone Two. Also discussed was the timeline for preparation of the request for proposal for the EIR, whether the City could require indemnification from those allowed to build in the moratorium area, and if staff could get a quote on a rezoning study of the South Slope area. Councilwoman Bacharach moved, seconded by Mayor Brooks to approve in concept a program EIR with specific guidelines for Zone Two. The motion carried on the following roll call vote: AYES: KUYKENDALL, MCTAGGART, BACHARACH & MAYOR BROOKS NOES: NONE ABSENT: NONE SEACOVE UNDERGROUNDING - IMPROVEMENT DISTRICT NO. 7 (901) Public Works Director Pulliam presented the staff report of August 17, 1993 and the recommendation to abandon Improvement District No. 7. Speaking in favor of this action was Rudy Mause, 420 Mesa Road, Pacific Palisades. Councilwoman Bacharach moved, seconded by Councilman Kuykendall to adopt the staff recommendation. Motion carried. EMERGENCY PREPAREDNESS - UPDATE Senior Administrative Analyst Veronica Dolleschel presented the staff memorandum of August 17, 1993 and the recommendation to receive and file the staff ' s update on this matter. Council requested that staff inquire about the State transferring 911 Emergency Funds and determine if there was any action the City could take in protesting the State's use of these funds in the General Fund. Questioning the use of the former cable TV studio as the City' s Emergency Operation Center ( EOC) , it was the consensus that staff should report to council on the feasibility of that recommendation. PUBLIC COMMENT: Responding to the Mayor's call for comments from the audience for items not on the agenda was Lois Larue, 3136 Barkentine Road, who requested that litigation items be listed on the agenda. Tom Schnerk, 3444 Hightide, resumed the reading of his June 8, 1993 letter to the City Council relative to the use of the City's remaining open space and in particular to the Forrestal Tract No. 37885. (Mr. Schnerk's letter is on file with the City Clerk's Office.) CITY COUNCIL MINUTES AUGUST 17, 1993 PAGE 4 Responding to the 15 questions posed in Mr. Schnerk's letter, City Manager Bussey stated that he was unaware whether Mr. Schnerk had attended all of the Forrestal hearings but that all of those questions had been answered during those hearings, but perhaps not to his satisfaction. However, Mr. Bussey stated unless directed by the City Council, it was not the intention of staff to respond to these questions because they were in the "when did you stop beating your wife" category. Parker Herriot, Hermosa Beach, inquired if the City can show evidence substantiating legal expenditures resulting from the actions of a City activist. CITY COUNCIL REPORTS: Residential Care Facilities: Councilwoman Bacharach reported that she had presented at the League meeting the resolution relative to the dispersal of residential care facilities and that the resolution will be placed on the League's agenda for the annual conference. North American Free Trade Agreement: Mayor Brooks reported on her efforts promoting NAFTA. She then referred to the summary on this trade agreement which had been prepared by SCAG and recommended that the Councilmembers read it. CITY MANAGER REPORTS: Status of Directives: Council requested that the item pertaining to FEMA give the date that the Mayor's letter was sent to FEMA. Council requested that the following two items be listed on the directives: Adopt -A -Road and Consolidation of facility usage. Adjournment: At 9:00 P . M. the meeting adjourned to 9:00 A.M. on Saturday, August 21, 1993 at Hesse Park for discussion of goals and objectives. Motion made by Councilman Kuykendall. ATTEST! ro S YOR CITY COUNCIL MINUTES AUGUST 17, 1993 PAGE 5