CC MINS 19911119M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
NOVEMBER 19, 1991
The meeting was called to order at 7:30 P . M. by Mayor Hinchlif fe at
the Hesse Park Community Center, 29301 Hawthorne
Boulevard . Following the Pledge of Allegiance to the flag, roll call
was answered as follows:
PRESENT: BACHARACH, HUGHES, McTAGGART, and, RYAN
ABSENT: MAYOR HINCHLIFFE
Also present were City Manager Paul D. Bussey, Environmental
Services Director Robert Benard, Public Works Director Catherine
Reed, City Attorney Carol Lynch, Assistant to the City Manager
Pamela Antil and City Clerk Jo Purcell,
APPROVAL OF AGENDA
Added to City Council reports was an item regarding the Contract
Cities Policy on "no and low" property tax funding (Bacharach) ,
Councilman Hughes moved, seconded by Councilman McTaggart to
approve the agenda as presented. The motion carried unanimously.
CONSENT CALENDAR
Speaking to the final EIR No. 31, Zone Change No. 19 and Appeal of
Tentative Parcel Map No 18947 and Grading Permit No. 1460 was Tim
Burrell, attorney for the property owner. He summarized his
November 19th letter to the City Council requesting that the
proposed resolution denying the application be continued to a
subsequent meeting. He stated that the applicants had met with the
City Manager in an effort to begin a process of determining what
can be done with this property. In particular Mr, Burrell objected
to certain sections of the resolution referring to the removal of
lateral support from adjacent property. He stated that there was
no relationship between this property and Locklenna Drive. Another
objection stated was the reference to the General Plan provision in
that the proposed project did not adequately protect the health,
safety and welfare of the public. (Mr. Burrell ' s letter is on file
with the City Clerk's Office.)
It was the consensus of Council to leave this item on the Consent
Calendar with the proposed recommendation of staff.
The consent calendar was adopted as follows on motion of Councilman
Hughes, seconded by Councilman McTaggart.
Adopted a motion to waive full reading of all ordinances and
resolutions adopted at the meeting with consent to the waiver of
reading deemed to be given by all councilmembers after the reading
of the title. 0
MINUTES
Approved the minutes of October 15, 19910
CLAIM AGAINST THE CITY BY FLORA KOHANBASHIRI (301 x 303)
Rejected the claim and directed the City Clerk to advise the
claimant of the City Council's action.
CLAIM AGAINST THE CITY JEANNE BRIENEN (301 x 303)
Rejected the claim and directed the City Clerk to advise the
claimant of the City Council's action.
ORDINANCE NO. 272 - AMENDMENT TO TITLE 16 (1103 X 1203 X 1801)
Adopted ORDINANCE NO. 272 AN AMENDMENT TO TITLE 16 OF THE MUNICIPAL
CODE, REGARDING COMPLIANCE WITH THE SUBDIVISION MAP ACT,
ORDINANCE NO. 273 - ADOPTING AN AMENDMENT TO TITLE 8 OF THE
MUNICIPAL CODE REGARDING THE ADDITION OF DUMPING PROVISIONS (1103
X 1203 X 1801)
Adopted ORDINANCE NO, 273 ADOPTING AN AMENDMENT TO TITLE 8 OF THE
MUNICIPAL CODE, REGARDING THE ADDITION OF DUMPING PROVISIONS
ORDINANCE NO. 274 - AMENDMENTS TO TITLE 11 TITLE 2 AND TITLE 61
(1103 X 1203 X 1801)
Adopted ORDINANCE NO. 274 ADOPTING AMENDMENTS TO TITLE 1, TITLE 2
AND TITLE 6, REGARDING THE REVISION AND ADDITION OF CERTAIN
DEFINITIONS.
RESOLUTION NO. 91 -83 - FLOATING HOLIDAY (1101 x 1202)
Adopted RESOLUTION NO. 91 -83 AMENDING THE CITY PERSONNEL RULES FOR
EMPLOYEES IN THE COMPETITIVE SERVICE AND FOR MANAGEMENT SERVICE TO
DESIGNATE A FLOATING CITY HOLIDAY FOR 19920
RESOLUTION NO. 91 -84 - FINAL EIR NO. 31, ZONE CHANGE NO. 19 APPEAL
OF TENTATIVE PARCEL MAP 18947 (1411 X 1203)
Adopted RESOLUTION NO, 91 -84 TAKING NO ACTION ON FINAL
ENVIRONMENTAL IMPACT REPORT NO. 31 AND DENYING ZONE CHANGE NO, 19
2 NOVEMBER 19, 1991
AND THE APPEAL OF TENTATIVE PARCEL MAP NO, 18947 AND GRADING NO,
1460 FOR A FOUR LOT SUBDIVISION AT THE END OF WINDPORT DRIVE.
RESOLUTION NO. 91 -85 REGISTER OF DEMANDS (602)
Adopted RESOLUTION NO. 91 -85 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:
NOES:
ABSENT:
PUBLIC HEARING:
BACHARACH, HUGHES, McTAGGART AND RYAN
NONE
MAYOR HINCHLIFFE
U
PROPOSED MUNICIPAL CODE
LAND USE PERMITS).
1203 x 1801)
Mayor Pro Tem Bacharach
Proposed Municipal Code
Land Use Permits.) The
duly published.
U
REVISIONS TO CHAPTER 15.20 (MORATORIUM ON
REVISIONS TO SECTION 15.2 0.040 J (1103 x
declared the public hearing open on the
Revisions to Chapter 15.20. (Moratorium
City Clerk reported that notice had been
Project Planner Nancy Hutar presented the November 19th staff
memorandum and the recommendation that the City Council conduct the
public hearing and provide direction to staff regarding the
proposed revisions modifying Chapter 15.20 of the Municipal Code.
A brief Council discussion followed and then centered on the
requirement for geotechnica 1 review and to what extent and for what
purpose such a review was necessary. That was followed by a brief
discussion of the provisions of Subsection G (authorization of
minor addition) and the fact that these would not be brought to the
City Council for approval if they were for additions not in excess
of 600 square feet.
It was at this point in the discussion that the City Council
decided to simultaneously hold the public hearing dealing with
Section 15.20.040.J of this chapter of the Municipal Code whereupon
the Mayor opened the public hearing on this matter. The City Clerk
reported that notice had been duly published and that all protest
letters had been presented to the City Council in the agenda
packet.
Project Planner Nancy Hutar presented the November 19th staff
memorandum and the recommendation that the City Council conduct the
public hearing and provide directions to staff regarding Section
3 NOVEMBER 19, 1991
15.20.040.) in Chapter 15.20 of the Municipal Code. Summarizing
the background on this matter Ms. Hutar reported that the Council
had directed staff to review Sections 15.20.010 through 15.20.090
of the Municipal Code (Moratorium on Land Use Permits) and to
present any recommended changes to the Planning Commission and City
Council.
Ms. Hutar reported that the proposed Section J would allow an
applicant to propose Open Space Hazard or Open Space Recreation
uses with Council approval of a Conditional Use Permit and not
Council approval of a moratorium exemption.
Responding to the Mayor's call for public testimony were the
following speakers: James Blake, 7011 Brookford; Michael Cicoria,
62 Oceanaire Drive; Donna Russell, 27537 Elmbridge; Mark Gonhue,
4528 Marloma Drive, representing owners for stabilization; John
Beringer, 3412 Seaglen Drive, representing the Rancho Palos Verdes
Council of Homeowners Association; Sheri Hastings, 10 Vanderlip
Drive; Allan Maxwell, 4964 Delacroix Road; Harold Brahm, 30209
Cheret Drive; Joel Lorenzen, 28920 Newstar Drive; Alex Muraszew,
30311 Ganado Drive; Steve Nemeth, 3162 Crownview Drive; Michael
Zappas, 6057 Ocean Terrace; Betty Griese, 28331 Plainfield Drive;
Kenneth Gale, 4136 Lorraine Road; Mick Howard, 1460 E1 Mirodor;
Dawn Renkowitz, 29625 Whitley Collins Drive; Dr. Chris Manning,
owning property at 29438 Quailwood Drive; Cathy Manning (same
address);and, Martin Byhower, 26800 South Academy Drive,
representing the Palos Verdes Peninsula Audubon Society; Aaron
Landon, 34 Santa Barbara Drive. These speakers expressed concern
about the following matters: large developments in the moratorium
area that would require grading and watering; the necessity of
requiring the developer to provide indemnity to the surrounding
property owners for any damage resulting from development in the
moratorium area; the additional liability that development in the
moratorium area would present for the City; the necessity of
getting independent geological opinions; compilation of all the
research done on the geology in the area and its availability to
the public; concern about any effects to the surrounding property
as a result of building in the moratorium area; protection of the
endangered species that exist in the moratorium area; the need to
have the geology reviewed by the County Geologist; whether the City
could put a dollar figure on the homes that might be effected by
building in this area; the fact that this area was mapped by the
Federal Government as far back as 1890 and was shown to be a slide
area; concern about the fact that even though the landslide
appeared contained, Palos Verdes Drive South had not yet
stabilized; the effects of water from a golf course on the
landslide; a request to have unanimous agreement on public safety
by a panel of five geologists, including the County Geologist; the
request for personal indemnification from the developer; and, the
possibility of increasing the lubrication of the slide as a result
added water from development.
4 NOVEMBER 19, 1991
Concerning the need to have the geology findings reviewed by the
County, Council clarified the fact that until early 1984 the County
was the City's geologist, however, because of dissatisfaction, the
City terminated that arrangement and has contracted with RSA for
services as City geologist.
RECESS AND RECONVENE
At 9:00 P . M . the Mayor declared a recess. At 9:05 P . M . the meeting
reconvened.
Continuing with the public testimony on this matter were the
following residents: Andrew Sargent, 1 Peppertree; Dawn Henry,
6525 Via Colinita; Dr. Grant Stucki, 319 Marne Drive; Rollin
Sturgeon, 5456 Bayridge Drive; Ann Cohen, 3667 Greve Drive; Roy
Good, 15 Cinnamon Lane; Sharon Hegetschweiler, 6 Clovetree Place;
Kathy Snell, 8 Vanderlip Drive; John Sharkey, 30320 Avenida De
Calma; Al Edgerton, 59 Ocenaire Drive; J.R. Hallett, 27922 Longhill
Drive; Todd Lubin, 1516 Via Arco, Palos Verdes Estates, Jayson
LaPoint, 48 Country Lane; John Vanderlip, 99 Vanderlip Drive. The
concerns of these individuals centered on the fairness of Section
J in allowing one type of development and not others; the
restriction of the 90% rebuilding limitation; the desire to
increase to 1,000 sq . feet the allowable additions to a home in the
moratorium area; a request that people who live in the moratorium
area be able to build additions to their homes; reference to the
slide in the San Clemente area and how that City became liable for
damage; the effects that an earthquake might have on the slide area
the fact that there had been a drought for the past several years
and what the addition of more water would do to the area;
clarification of the definition of residential as presented in the
draft ordinance; a request that the word "minor" be defined in the
Code; request that the City Council approve the regulations
allowing homeowners to make certain improvements to their homes;
that the Council consider dividing the district into certain sub
areas and that each of these sub areas be allowed a certain maximum
building additions ranging from 600 to 1,800 feet depending upon
their distance from an active landslide area; concern that the
Section "J" might give developers rights that residents don't have;
the effect that a golf course might have on the bird population;
and, the fact that development may increase the stability of the
land.
Councilman Ryan moved, seconded by Councilman Hughes to close the
public hearing on both of these items. The motion carried.
Councilman McTaggart moved, seconded by Councilman Ryan to delete
Section J in its entirety from the proposed change to Section
15.20.040 in Chapter 15.20 of the Municipal Code. The motion
carried unanimously.
Council then briefly summarized the City's efforts in maintaining
5 NOVEMBER 19, 1991
Palos Verdes Drive South and the fact that even with large annual
expenditures the road continued to move. In an effort to abate
this landslide a panel of geologist was formed to study it and. make
recommendations on how the movement of the Portuguese Bend
Landslide could be stopped. These geologists made three computer
models as a mechanism for studying the abatement of the landslide
and, based upon their studies, recommended a three prong attack:
installation of dewatering wells, removal of one million cubic
yards of dirt, and installation of culverts.to direct surface
runoff. Since these recommendations have been carried out the rate
of movement has declined. The prevention of water seepage down
into the earth, however, remains the priority for stabilizing the
area; the geologist recommended a golf course as a means of
dewatering the slide area because the planting of certain
vegetation would prevent the seepage of water into the surface.
Council then reported that copies of geotechnical reports are
available for the public at City Hall.
Council next resumed its discussion of a policy that would govern
the" extent of geotechnical analysis required by homeowners
considering additions and it was the consensus that staff should
select a sample of permits issued to determine the cost of
geotechnical analysis for such additions. This item would be put
on a future agenda and that Council would then consider the
formation of a subcommittee for development of a geotechnical
policy. Staff was requested to provide the City Council with some
historical data on geotechnical requirements for both inside and
outside of the moratorium area.
Councilman Hughes moved, seconded by Councilman McTaggart to adopt
the conditions set out in the Planning Commission Resolution No.
91 -57 CERTIFYING THE NEGATIVE DECLARATION TO ADOPT AN ORDINANCE
WHICH WOULD AMEND CHAPTER 15.20 OF THE MUNICIPAL CODE. The motion
carried unanimously.
VACATION PROCEEDINGS - PALOS VERDES DRIVE EAST AT CORSINI PLACE
(1204 X 1408)
The City Clerk reported that the applicant in this matter had
requested that the item be continued. Mayor Pro Tem Bacharach
opened the public hearing and the City Clerk reported that notice
had been duly published. Councilman McTaggart moved, seconded by
Councilman Ryan to continue this public hearing to December 3,
1991. The motion carried.
VACATION PROCEEDINGS - PALOS VERDES DRIVE SOUTH EAST OF YACHT
HARBOR DRIVE (PVDS FRONTAGE ROAD) (1204 X 1408)
Mayor Pro Tem Bacharach declared the hearing opened and the City
Clerk reported that notice had been duly published.
Assistant Director of Public Works Kevin Smith presented the staff
6 NOVEMBER 19, 1991
memorandum of November 19th and the recommendation to adopt a
resolution establishing the conditions of vacation and vacating a
portion of Palos Verdes Drive South upon satisfaction of those
conditions by the applicant.
Tor Petterson, 4150 Palos Verdes Dr. South, said that all of the
homeowners in the area had agreed to this vacation and were in
favor of maintaining the area.
Pat Zelt, 4100 Sea Horse Lane, said that she had agreement from all
of the homeowners of the area to this vacation.
Lois Larue, 3136 Barkentine, stated her agreement with this
vacation.
Councilman McTaggart moved, seconded by Councilman Hughes to close
the public hearing. The motion carried unanimously.
The City Attorney requested that adoption of the resolution be
continued to the next meeting to allow time for confirmation of the
legal description of the area to be vacated.
Councilman McTaggart moved, seconded by Councilman Hughes to put
this resolution on the Consent Calendar for the December 3, 1991
meeting. The motion carried unanimously.
ORDINANCE NO. 275 - AMENDMENT TO GRAFFITI CONTROL (1101 x 1206)
Deputy City Manager Rohloff presented the staff memorandum of
November 19th and the recommendations as follows (1) Introduce an
Ordinance amending Chapter 9.28 of the Rancho Palos Verdes
Municipal Code, providing for the removal of graffiti from private
property at City expense. (2) Authorize us of Recycling Fund to
provide start up costs of graffiti abatement program. Start up
cost estimated to be $10,000. Staff will follow up approval with
budget adjustment resolution.
ORDINANCE NO. 275 RELATING TO GRAFFITI REMOVAL AND AMENDING THE
RANCHO PALOS VERDES MUNICIPAL CODE was presented by title and
introduced on motion of Councilman Ryan, seconded by Councilman
McTaggart and carried.
CITY COUNCIL REPORTS:
"NO AND LOW" TAX CITIES LONG TERM STABLE FUNDING SOURCE
Councilwoman Bacharach stated her concern for the Contract Cities
Association recommendation to make cities statewide eligible to
receive 15% of property tax revenues based upon the equalized tax
roll for the Fiscal Year 1992 -93 and amending AB 8 for the purposes
of distributing the property tax revenue to the eligible Cities.
It was the consensus that the councilmembers attending the next
Contract Cities meeting would discuss this concern and report back
7 NOVEMBER 19, 1991
to the City Council at the next meeting.
COUNCIL DIRECTIVES:
Council requested the addition of the West Crest Trail to the
directives.
AUDIENCE QUESTIONS:
Responding to the Mayor's call for audience questions for items not
on the agenda was Richard Bara, 1 Peppertree, who inquired about
the status of the Coastal Ridge rezoning project.
Mr. Bara was advised that this was an item on the November 23rd
Geology Workshop Agenda.
ADJOURNMENT:
At 10:35 P.M. the meeting adjourned on motion of Councilman Hughes,
seconded by Councilman McTaggart and carried.
YO
ATTEST:
CITY CLEI
A 991.MIN
8 NOVEMBER 19, 1991