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CC MINS 19890718M- I N U T E S RANCHO PALOS VERDES iCITY COUNCIL REGULAR MEETING JULY 18, 1989 The regular business meeting was called to order at 7:38 P.M. by Mayor Bacharach at Hesse Park Community Center, 29301 Hawthorne Bou.l evard : After-the Pledge of Allegiance-to the flag, roll ca.l1, vas answered as follows PRESENT: MCTAGGART, RYAN, HUGHES AND MAYOR BACHARACH ABSENT* HINCHLI FIFE Also pres =ent were City Manager De-nni s McDuff ire , - City Attorney Ariel Calonne, Director of Environmental Services Robert Benard, Public Works Director George Wentz, Finance Director Kevin Smith , . and City Clerk Jo Purcell. WAIVER OF FULL READINGS Councilman Hughes moved, ORDINANCES AND RE'SOLU`TIONS seconded by Councilman Ryan and carro.ed, for waive 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 reading of the title of such ordinances or resolutions. APPROVAL OF AGENDA The agenda was approved by Councilman Hughes, seconded by Councilman Reran . and. carrie'doi CONSENT CALENDAR- Thetconsent -Calendar was approved-on motion of Councilman Hughes, seconded by Councilman McTaggart. MINUTES PACIFICARE'CONTRACT FY 1989 -90 (90.2 )._. Thee minutes of May 15, June 20 and 27, 1989 were approved as presented. Approved the renewal of the: City Contract with Pacif icare to ! provide HMO-services for City . employees . FEE WAIVER - 26231 SILVER Authorized the Director of SPUR ROAD (1804 x 1203) Environmental Services to waive the penalty fee related to encroachment permit No.' 14 for two planters, two lights and two identification signs. REPORT ON ORD. No. 245U Accepted and issued the staff (1801) report dated July 18th out- lining measures being taken to alleviate the concern about view impairment caused by hedges and walls in side yards that prompted adoption of ordinance No .. 245U . RESOL : 89-76 Adopted RESOLUTION NO* '89- REGISTER OF DEMANDS ALLOWING CERTAIN, CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO. BE ; PA I D P SLURRY SEAL CONTRACT Awarded the annual slurry seal - FY 89 -90 (1401) contract to Roy °Aldan Slurry. - Seal, Inc. for an amount not exceed $127 , 455 and prcovi .ide a - contingency of $18,-000 for a total amount of-$145455. j The motion to approve the Consent Calendar carried:on the following roll call vote: AYES.* McTAGdGART, HUGHES-, HINCHLIFFEr RYAN AND ; r MAYOR BACHARACH ABSENT: HINCHLIFFE TRAFFIC AND PLANNING The City Manager presented the COMMISSION APPLICATIONS ..staff memorandum of , July 18th. (106 x 1203 x 1502) and' the recommendation to (1) directed , the - City . SCI eTk to contact the applicants and inform them of the July 24 interview schedule. (2): >Set August 1, 1989 as the date to, make the appointment,to,lthe Traffic Committee and Planning Commission. Mayor Bacharach moved, seconded by Councilman Hughes and carried to adopt the -staff recommendation. NUISANCE ABATEMENT- The City Manager presented the 32525 SEACLIFF DRIVE staff memorandum of July 18th (1701 x 1804) -and the recommendation to determine that a public nuisance exists at 3-2525 Seac,l,iff Drive and authorize staff to proceed with the nuisance abatement process. -2- JULY 18, 1989 James Tam, 32525 Se-acliff Dr., told the Council that he . had this -W'all built - fot security rieasong,, He said that-he has submitted his applicatioh to -see- if,the -work:can be - brought into conformance. After clarification of the hearing process thatthis' application would now go through,' May6r Bacharach movedf seconded by Councilman Hughes, and carried to table this item pending Planning '`Commission action. DEL CERRO'STREET The City Manager presented the ' memorandum July 18 IMPROVEMENT (901) staff mem 198,9 and the` to direct staff on how to proceed with t- proposed street improvements, A brief Council discussion ensued about the timing of the construction on these.,street improvements in'light of the anticipated construction fo''r"'"the undergrounding. Councilman Ryan moved, seconded de'd by Councilman McTaggart and carried that staff should proceed with the street improvements and that this would be contingent upon the completion of the undergrounding work in the area. CITY GOLF COURSE The City Manager presented the ECONOMIC ANALYSIS staff memorandum And the (1201�x 1203) recommendation to receive the consultants' r`eportr ` provide comment and establish a workshop date for discussion of a comprehensive planning process to frame the issues of development for this element of--development of the City Hall property and adjacent' coastal properties., Representing Economic Research Associates was Gene Kekorian who summarized the proposed concept and market-findings regarding the construction of a public 18 hole golf course on coastal property within the City. Summarizing the- key findinga --.of -their research 1he reported on the number of golf courses in)the-great6x:gouth Bay area and enumerated a,-number of key assumptions I used'in the July,1989 feasibility study prepared fox the City. Additionally, Mr. Kekorian;summa'rized the revenue projections and the-play level beginning in the year 1992 through 1906. Finally, his:111presentation highlighted thelinandial - aspects of the project which included the costs for preliminary development, annual debt service and the operAting revenue and expenses. Additionally, he summarize& two methods for forecasting the projects feasibility as outlined in the report. Council inquired about the distribution of tee times vis-a -vis the hotel usage and public usage. Inquiring about the projected golf course demand, Council inquired how the consultant arrived at their projections* who would get -3- JULY 18, 1989 complimentary passes for use of. the .course j,. th=e .length of time that was projected for playing the course* and,.what ya.s included in- the costs for salary and . benef its for personnel Discussion concluded with the consensus that the Council would meet on,August 7th at 7:30 P.M. to conduct a.work shop to discuss this. issue in more - detail* Additional Council discussion c:ontinue.d with i,nqu*ries-, about whether staff had contacted the Coastal Commission, if this development.woulA require,a change in the,. Coastal Plan; whether it would be.treated, as open public space or semi - public ,s,paQe,, Council also- inquired about the start times that would be required to-- dedicate to the hotel; and the use of the course's start times by other coastal developments. RECESS AND RECONVENE. At 9 2 9, P * M. the. Mayor declared. a r me.efinq reconvened at 9-9-4.4. P.Mo AUDIENCE QUESTIONS. William Snyder, .3103,3 Ganado.Drive, stated his disagreement with Councilman Hinchliffe-'s participation in the Sacramento hearing on EPEC. Joel King,,. 6919 Maycroft Drive, requested that Council consider his petition for limitation of terms, 100 VANDERLIP DRIVE --BLPG* The ,,City Manager presented & SAFETY REPORT RE STAIRCASE the staff report of July 18th (201 x 1804) which contained a summary update of the status of remaining compliance items at 100 Vanderlip Drive* Council then proceeded to-discuss the July 7th response from the International Conference of Building�Officials pertaining to the spiral stairway and it's la =ck o.f conformance to the Uniform Building ,,Code... In,;partic'ular, Council inquired how the qu6stion.was po,, sed to the ICBO and whether there was some means by which the,s,tairway could be made to conform to the code. Dave Baird, .. Building- Official, told.-the Council that there -are.no variances to the Building..andSafety Code., Elin Vanderlip, 100 Vanderlip Drive.,.told the Council she has had this stairway for 17 years and has had, no.problems.with her tenants as a result of the stairway. She appealed to the Council's good taste to allow the stairway to remain. Council then discussed the specifics of the stairway such as -4- JULY 18, 1989 the rise, tread, and the-fact that there was, only: one railing They then - inquired if the stairway could remain if it was determined to be an h-istorica-l-site. It -was the consensus that if no actioni wa -s taken by the Council- on this: matter that staff could proceed with the applicant= to bring the stairway into cot forma:nce . : HEIGHT VARIATION,- NO: 574 The. City .Manager , presented APPEAL 410-9- LORRAINE� -RD. the staff memorandum .and the (180.4) . recommendation to adopt _the resolution upholding the - appea•1 , thereby denying the . proposed - second story addition . The Planning Commission recommended adoption of a resolution denying. the appeal -r - there.by ' approving the proposed second story-addition. The City Attorney noted that. this., was a de . no o hearing and that the City Council . was not reviewing the Planning Commission's action, at this hearing the Council could consider any issue brought before them. Council inquired how the staff arrived at the position of protection of the view from the swimming pool-that was built downhill from the house since the pool area is an ancillary use if that wa.s a.. protected viewing, area.. Walter Burkley -, attorney for the applicants :Mr- & Mrs'. Moine; , 4 =50:- Union Bank`, told the Council that-,the-:Planning Commission visited the site and determined that the .pool- -.was not the primary viewing area. Speaking in opposition to the appeal was'- the property- owner i ii ldta. Moine -, who- stated her objections, to the - des{ gn proposed by the appellant '.a architect. Daniel .Mol.ne, -told- the Counci-1- that -he , spoke with the neighbor- - sand with- Mr.. Hbal -ly about,,, this addition-. He said -that: if, -the- houses was built at the 14- foot .height .he- woul d not have a view from-the-rear deck-19- Dan- Goodrich , 839 South Beacon St., Suite 225, San Pedro, architect for the Moines described the work done -to arrive at the proposed design .of the Moine project. He- told ,the -Council that this project. is: under . the jurisdiction of -both Ran-cho% Palo-a-, Verdes and the Palos Verdes Homes-Association and that approval was needed so the bala-nce of s -the- work could be done. He said that the ..project was designed- to have minimum view impact on the neighbors. Representing the Hollys was their attorney,,.Robert Reamer-., 23505 Crenshaw Boulevard, who told the Council that they are trying i Ito ,a-ch eve a balance in the-interest of the parties . He said that :Mr . Barto' s drawings i l lustrate& that - there are alternatives to the plan presented by the Moines He said -5- JULY 18, 1989 that the best view from the HoIly property is from the deck of the pool. He stated his disagreement with the Planning. Commission's decision that the primary view was from the residence. He stated just that the Code called for the best view from-:the lot and not just from the residence--. Mr',, Jim Holly, 6512. Nancy Road, said that this was anunusual situation that both lots were originally owned by: cane per-son and then later split and sold off. He sai-d that he did not: enjoy a view from his home because of trees that are down hill. He could not do anything to improve the view-,because- his home: is built - on - the front set -back and that the best view is now from the back half of the property. He requested that another alternative for the design of the Moine house be explored. Mary Farrington, 65,16 Nancy Road, said that the view from,her -home is from a large patio and also from the bedroom. She said that ,-then proposed project would take away that view and that a`moulntain" tree also..-blocks her view. She said that she also owns a lot next door and that the view from that lot would be lost if this home was built. Speaking on her behalf was Winnie Brtusf 4104-Lorraine--Road,-.who told the Council if the second story is built there will be no view from Mrs. Farrington's home. Luella Wike, Chair of the Planning Commission, told the Council that she visited the Holly residence, but,,did not visit the 6516 Nancy Road location Discussion then followed on whether: staff had performed -a view analysis from the Farrington home* the fact that there was no letter - of objection.from -Mrs. Farrington; ,and that staff had visited the site and determined that there was: no view impact. Council then talked about the intent of the Code; whether it had really had been determined that .no view -was, aimpacted from the 6515 address.. It wasconcluded that. because of conflicting evidence that additional information was f4n6eded! to confirm the ,view impact -from Mr-s. Farrington's residence and that this item be continued to the August 15th: agenda . EIR 579 DRAFT NEGATIVE The - City Manager ,presented the DECLARATION FOR CITY*COUNCIL_ staff memorandum of July 18th ALTERNATIVE-VIEW INITIATIVE and the recommendation -to- U). consider the contents :of the Initial Study draft negative,declara?tion--; and public comments; (2) Adopt a resolution approving issuance of a final negative declaration for the proposed City Council alternative view initiative. Councilman Hughes summarized: the modifications made to the proposed. cooperative view preservation initiative and-stated that the.modifications were based upon the comments made at 6- JULY 18, 1989 the July 5, -1989 City Council meeting. In particular these modifications dealt with the inclusio-n o I f the School District and other governmental agencies and the fact that this document exdludeda, viewing area gained as the result of a height variance. A brief discussion ensued about the amendments that could be made to this initiative and-,the fact-,that it could be amended only to strengthen"'the provisions of the ordinance. Council then discussed what happens in the case where trees-already block a view and an intended structure would block only a part of the remaining view., Concern was expressed for the hierarchy of removal of view impediments. Council also discussed the fact that a view can be segmented and need not be a contiguous view. Edward Murphy, 6304 Via'Ciega, inquired about the distinction made between the;Mirale'ste area and the Miraleste'Parka'and Recreation District who is charged --with -t-he'preservation of publicly owned trees in that area. 'Council "responded that the Miraleste-Parks and Re'creation district is specifically exempt from the'control -of this ordinance. Lyle W. Quatrochi, 4002 Exultant Drive, thanke-d''the sub-committee for working with the Homeowners' Council for working on this ordinance. Brad Veek, 30523 Santa Luna�Drive, told the Council it�was his opinion that th}ecvie'w -should be taken from the house or its immediate general vicinity., He'ques*tioned whether that was in synch with the view initiative. Council clarified the fact- that there real I y`*is - not - much'' difference between the Citizens' Initiative 'and the ;City .Council's document. Elsa Cortes, Miral�-este--Hills, requested 'clarification of the viewing area and, in part-ic�ul*ar the statement - in the 'document regarding a situation whereby the City and the owner of a property could not agree on the, viewing ,area-. Councilman Mig-hes reported since the ''July 5th.Counci 1 meeting,, the ' view ,subcommittee of -the -Coun-cil-- of - Homeown'ersI Associatiicon no longer agrees Faith th the compromises reached and that Another-meeting would be necessary. He' requested that both he 'a=nd Councilman :McT'aggart-be permitted to attend the genera'l meeting of"! the Council of Homeowners Association. Warren Sweetnam, President of the Councilzof Homeowners' Association, told the Council that the material has been distributed "to, the membership ",and that they will have a- meeting on July 27th and then will report back to the Council with their c6#ments. This matter was tabled until"* the August 1st meeting. -7- JULY 18, 1989 RECESS AND RECONVENE At 12:46 A.M. the Mayor declared. a, brief recess . At 12:50 A.M. the meeting reconvened. NUISANCE ABATEMENT,- 5500, The City Manager presented PALOS VERDES DR. SOUTH the staff memorandum and the (1701) recommendation to dismiss the appeal to, the Notice and Order thereby declaring . that a,, public; nuisance exists: -at 5.500 Palos Verdes Drive South, and authorize , staff ; to .proceed with nuisance abatement Associated Planner.. Joel Rojas, ; reviewed the . chronology on this nuisance abatement.which was part of the -staff report. Representing the property owner was his attorney:Robert Reamer, 23505 Crenshaw Boulevard, who told the Council that Mr. Lightman has already :hired..a surveyor to ,prepare the-site plan requested by . staf f and that he was : not aware; that the, time had a xpi red die ;said that a hi s c l..ient had submitted the plans as soon as they were available and that a meeting scheduled.for.Apri..1 10th to discuss these plans had been cancelled. He said that the,only,thing his client is requesting is an opportunityto correct the problems.that, exist on the property. He stated, that .hi.s. client is- renovating-the-property which.he brought just a short time ago, that when he was made aware of the violations. -that he took steps,.to,correct,them The property owner, Michael Lightman, told the Council that he acquired the property several years:ago. and that he has made repairs and corrections. He requestedtEdison and General Telephone to remove vaults that were on hi,s property and since a large hole was left as the result of their removal he installed a.pre- fabricated pool. Since the installation of .the pool he had hired a gaeologist. Keith Ehlert, En ineerin Geolo ist 340.Te`on P1. g g � � � _ace:.., Palos Verdes Estates, told the Council that he was one of the original investigators hired by the.City:to investigate the landslide. .He said that Mr. Light-man's swimming pool wou =ld not have,any_ impact on the landslide.and that the swimming pool was made from f ihergla.ss, which ,.is less ;likely to. crack then a conventional pool, Any leakage from-,.the pool would, be negligible.,. He said.. that, , -;he property , is ip bedrock material and that it was his opinion that the structure would not have any impact on the slide. Council then ..inquired about . the chronology of this nuisance abatement process, whether the plans had been processed,, if, a moratorium exemption should be applied for, and,whether-the�- issue of the pool, barn and lattice cover were still outstanding issues-..that had to be corrected. -8- JULY 18, 1989 J.D. McLaren, 3923 Palos Verdes Dr. South, questioned what construction could take place in the moratorium area, and whether a building permit was required to install a water heater. It was the consensus of Council that this issue should be considered under a moratorium...exemption that the City Geologist should look at.the*,-installation to insure its efficacy. .Ai so,.that. a leak detection system should be installed on the pool. It was the consensus that this item be brought back on the August 15th agenda. LANDSLIDE MORATORIUM - 'The City Manager presented the ORDINANCE AMENDMENT (1801) staff memorandum and the recommendation to review the draft ordinance language and provide staff with.direction. Council briefly discussed how long it would take before the ordinance was presented for adoption, the necessity in re- quiring asoils report, the cost of a soils report and what it reported,. It was the consensus that staff should provide Council with such information., CITY COUNCIL REPORTS. REMOVAL OF' PLANNING COMMISSIONER (10 6) Commission and had. session.,however, the discussed inclosed Councilman Ryan reported that he had prepared a letter for the Fair Political Practices intended to,discuss it at the closed .City:Attorney said that it could not be session., Peter Von Hagen, 28419 Meadowmist Dr., told the, Council that he talked with the City Attorney about this conflict and did not participate in any of the discuss-ion,or vote on the Watt Tract at Planning Commission meetings. Additionally, that the first time this came to the Planning Commission he read a statement and excused himself from the discussion. MORATORIUM ON COASTAL Council Ryan referring to the SLOPES (1801) July 5th meeting when the. discussion of rezoning the area between ,Palos Verdes Dr South .and the bluff tops, and suggested that a moratorium be put on this area while the plans for the down-zoning are being developed. Council then discussed the specific area in question which was determined to be Palos Verdes Dr. South landward to the bluff tops to where it becomes buildable.. Further discussion con- tinued on the number of acres within this zone; the fact that there has been extensive geologic studies going on in this area; what the criteria should be used establishing a moratorium; whether interim zoning could be established 01 -9- JULY 18, 1989 as an underlying zoning to the moratorium; and whether this would impact the Forrestal,Tract application. Speaking in support of this moratorium was Kay Bara, 1 Peppertree., Lois Larue, 313E Barkentine, stated her support for the idea and stated her concern about the ancient landslide in the upper Barkentine area, she said that more in- formation should be gathered about the background of'that area particularly since there was supposed to be'a sacred archaeological Isite in the area She expressed her concern about the boring and the bulldozing that had recently taken place in that area.. Discussion of this matter concluded with the consensus that the City Attorney would make recommendation on the mechanism to accomplish interim zoning, enacting a moratorium, 'and or modification to'what'presently I exists. This moratorium would be enacted to hold in abeyance any development to preserve the City's options in this area. ART IN PUBLIC PLACES Mayor Bacharach 'appointed' herse l f and Counc i lman Hinchliffe to serve on this ad hoc committee: TRANSIT REPORT In light of the upcoming 5th (1505) anniversary of PV Transit Mayor Bacharach inquired about the Council's position on allowing a free ride week from September 5th through the loth. The cost. of which ,would be less then $1200. Councilman Ryan moved, seconded -by Mayor Bacharach to reopen the agenda to consider this item'. The motion carried. Mayor Bacharach moved, seconded by Councilman Ryan to offer for the entire system with the - approval of the neighboring Cities for a free ride the week of September 5th through the 10th. The motion carried on the following roll call vote: AYES: McTAGGART , . H'INCHLI FFE , HUGHES, RYAN AND ' MAYOR' BACHARACH CITY MANAGER REPORTS': STATUS OF COUNCIL No. action was taken, on this DIRECTIVES report -10- JULY 18, 1989" ADJOURNMENT: At 2:50 A.M. the meeting adjourned on motion of Council - man McTaggart. Said meeting adjourned to 6:00 P.M. on Monday, July 24th, MAYOR ATTEST 7 -18 -89 -11- JULY 18, 1989