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CC MINS 19890815M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 15, 1989 At 7:30 P.M. the meeting was called to order by Mayor Bacharach at Dodson Junior High School, 28014 Montereina Drive. After the Pledge of Allegiance to the flag, roll call was answered as.follows, PRESENT: McTAGGART, HUGHES, RYAN AND MAYOR BACHARACH It ABSENT, HINCHLIFFE Also present were City Manager Dennis McDuffie., 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 Ryan moved, ORDINANCES AND RESOLUTIONS seconded by Mayor Bacharach and carried to 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 ordinance or resolution. APPROVAL OF AGENDA The agenda was approved on motion of Councilman Ryan, seconded by Mayor Bacharach and carried. The Mayor reported that Councilman Hinchliffe was unable to make a return flight to Los Angeles and consequently would not be attending the meeting. It was the consensus that the item regarding the letter from EPEC be postponed until the August 29th meeting. CONSENT CALENDAR After removal of the Fee Waiver for 6343 Villa Rosa, the Consent Calendar was approved as follows on motion made by Counci=lman Hughes, seconded by Councilman McTaggart. MINUTES Approved the minutes of June 29, July 24 and August 1, 1989. RESOLUTION NO* 89-82 Adopted RESOLUTION NO. 89-82 REGISTER OF DEMANDS ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. CONFIRMATION OF APPOINTMENT OF PLANNING COMMISSIONER (106 x 1203) MIRALESTE R&P DISTRICT CONFIRMATION OF BOARD MEMBER (106 X 1201) Confirmed the appointment of Planning Commissioner Charles Hotchkiss. Confirmed the appointment of Winifred Brtis to the Board to serve out an unexpired term until November 1991. SIDEWALK REPAIR PROGRAM - (1) Accepted the work as com- FISCAL YEAR 1988- 89 (1404) pleted on the FY 1988-89 side- walk repair program by A.A. Maintenance at a total cost of $12,755.55. (2) Directed the City Clerk to file a Notice of Completion and to notify the surety to exonerate the contract bonds. (3) Directed the Fiance Director to release the retention if no claims have been filed against the contractor within the allowable time period. The motion to approve the Consent Calendar carried on the following roll call vote, -0 AYES. McTAGGART, 0 NOES# NONE ABSENT. HINCHLIFFE HUGHES, RYAN AND MAYOR BACHARACH, EPEC VIDEO TAPE (1401) Councilman Hughes reported that he had viewed the tape presented to the State School Board by EPEC and said he thought the tape presented a false impression of the condition of the road in the landslide area. He stated that the Council should notify the State Board that the condition of the road was not as depicted in the tape and that the landslide is moving at a much slower rate than projected. In its deliberation, Council discussed if the City should discuss the road condition with the State School Board and if the Council should go on record as opposing the closure of Miraleste School, Representing EPEC was Barry Hildebrand, 3560 Vigilance Drive, who told the Council that his organization did not give the tape to the State School Board* that he had informed them at the July 1989 meeting that the road had been repaired. He said that he had contacted other members of the State School Board who did not recall receiving the video tape. He said that EPEC did not insinuate that the road was already breaking up on the west end, -2- AUGUST 15, 1989 Pat Perrin, 28979 Palos Verdes Drive East, said he recalled seeing the tape about a year and a half ago at which time it was provided to the State board. Mayor Bacharach moved, seconded by Councilman Ryan and carried to receive and file this item. PUBLIC HEARINGS: VEHICLE CODE ENFORCEMENT- The Mayor declared the hearing ROCKINGHORSE ROAD (1582) open. The City Clerk re- ported notice had been duly published and that no written protests had been received by the City. The City Manager presented the staff recommendation to continue the Public Hearing to September 5, 1989 to allow for additional public input. Warren Sweetnam, representing the upper Rockinghorse Road Homeowners Association, told the Council he was concerned that the area would become subject to Section 21107.7 of the Vehicle Code because of a posted road sign indicating that it is a private road. This item was continued to October 3, 1989. VACATION OF ROAD EASEMENT - The Mayor declared the hearing MIRALESTE FIRE STATION open. The City Clerk re (450 X 1488) ported notice had been duly published and that no written protests were received by the city* The City Manager presented the staff memorandum of August 15th and the recommendation to adopt a resolution vacating a portion of the road easement on Palos Verdes Drive East and Miraleste Drive adjacent to the Fire Station. Cheryl Caughlin, 641.2 Via Canada, inquired whether the City had investigated if this easement could be used as a right turn lane for Palos Verdes Drive East and Miraleste Drive. Council then inquired if vacating this easement would take away that alternative; - whether a decision on granting this easement could be delayed pending investigation of that possibility; and-, how this effected.the construction schedule of the Fire Station. It was the -- consensus that this item would be continued to the August 29th agenda and that staff should go ahead and issue permits for the Fire Station on a piece meal basis. (Staff was requested to present to Council -3- AUGUST 15, 1989 the minutes of the Traffic Committee meeting where this item was discussed.) Councilman Ryan moved, seconded by Councilman Hughes and carried to table this item until August 29th, COASTAL PERMIT NO* 68 - The Mayor declared the hearing APPEAL - ABALONE COVE open and the City Clerk re- GEOTECHNICAL WRINGS (1801) ported notice had been duly published and that no written protests were received by the City. The City Manager presented the staff memorandum of August 15th andthe recommendation to deny the appeal. Speaking against the appeal of this item were Muriel Titzler, 3 Ginger Root Lane; and Bill Griffin, 5 Ginger Root Lane, The appellant, Lois Larue, 3136 Barkentine, requested that the Council follow proper procedure for the orderly progress of City business. She said that staff made these soil samplings and then wrote the exemption for the project. Ms. Larue said that the gabion project was done without an Environmental Impact Report. Councilman McTaggart moved, seconded by Councilman Hughes to close the Public Hearing. Motion passed unanimously. Responding to Ms. Larue's remark that the gabion had been built seaward of the mean high tide line, staff reported that this matter was going to be heard by the Coastal Commission. Councilman McTaggart moved, seconded by Councilman Hughes to deny the appeal. The motion carried. AYES: Hughes, McTaggart and Mayor Bacharach ABSTAIN: Ryan ABSENT: Hinchliffe LANDSLIDE MORATORIUM The City Manager presented the ORDINANCE N09 247 AMENDMENT staff memorandum of August (1801) 15th and the following recommendations (1) Consider the contents of the initial study and any public comments, find that there is no substantial evidence that the ordinance will have a significant effect on the environment and approve the negative declaration. (2)-Waive further reading and introduce an Ordinance for Landslide Moratorium Ordinance Amendment, Robert Ballew, 4338 Exultant Drive, representing the Seaview Homeowners Association, told the Council that one of the -4- AUGUST 15, 1989 goals of his association -was to encourage people to up -grade their property however they were concerned about the cost -of doing work to their homes. He inquired if it was the City's intention to require compliance with all of the conditions of the proposed ordinance in the event a homeowner applies for a minor project. He cited the excessive cost of such requirements and inquired whether there was an appeals process if the cost is found to,be prohibitive.- Council then inquired if all of these conditions would be applied to every permit issued in that area and commented on the fact that this landslide had specific problems that were effected by water, hence the requirement for Number 4 in the proposed ordinance. Mike Marko, 4335 Exultant Drive, told the Council that he had spent over $20,000 on building a green house and questioned the objective standard of the City Geologist in requiring a report. He inquired whether there was any conflict of interest with the City Geologist requiring a soils report, having the soils report do.ne.by an outside geologist and then still having to have the report reviewed by the City geologist. He inquired whether the City Geologist should be the party performing the soils.report. It was the consensus that the City Attorney would look into the matter of the conflict of interest. Jim Gilman, 4335 ..Exul.ta.nt _Drive, told the Council that the construction of the lathe house - cost $27,000 including all of the City's requirements. He said that he would not have installed the french drain had it not been required by the - City; that he had his own geologist, that the City required a geologist and consequently he had to pay for two geologists. Erica Stuart, 80 Nareissa, said that the issue of quid pro quo had created a lot of hard feelings and in particular the discretion given to the staff. She said there should be a more equitable way of making these decisions. ORDINANCE NO.. 247 OF THE CITY OF RANCHO PALOS VERDES CREATING A MORATORIUM ON LAND;USE PERMITS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was read by title and INTRODUCED - on motion of Councilman Hughes,-seconded by Councilman Ryan and carried. It was the consensus that staff should provide some guidelines to applicants who apply for a building permit and also that there should be an article about this matter in the NEWSLETTER. HEIGHT VARIATION NO, 574 The -City Manager.presented the APPEAL - 4109 LORRAINE ROAD staff memorandum of August 15.th (1804) and the recommendation to adopt -5- AUGUST 15, 1989 the proposed resolution denying the appeal of I Height Variation No. 574 thereby sustaining the Planning Commission's approval of the project at 4109 Lorraine Road. Representing the Moines was their attorney Walter Buckley, 450 Union Bank Tower, who stated that it was his understanding that the staff report indicated that there was no view impairment to either the Holly or the Farrington residences, Mary Farrington, 6516 Nancy Road, suggested that the roof of the Maine house be lowered two feet. Jim Holly, the appellant, told the Council he felt the staff conclusion complicated the issue of what is considered his primary viewing place. He asked whether something could be done to modify the proposed project since a view which he has from his backyard will be blocked by the project, Daniel Moine, 4109 Lorraine Road, told the Council he thought there would be insignificant impairment of the Holly and Farrington views since both properties-.are higher then his and that lowering his house would ca . use design problems. Additionally, he would have to get permission from the Palos Verdes Art Jury to change the design., Associate Planner Carolynn Petru, told the Council that the view analysis was performed from a terrace that is about five feet lower than the Holly residence and from that *location there are trees that break up the view. If some of the trees were removed there would be a view but with the trees that presently exist it is difficult to say how much of a view would exist, Councilman Ryan moved, seconded by Councilman McTaggart to adopt the staff recommendation and direct staff to prepare a resolution based upon the testimony and the proposed findings. The motion carried, GENERAL PLAN/ZONE CHANGE The City Manager presented the INITIATION REQUEST - 1802 August 15th staff memorandum PENINSULA VERDE DRIVE and the recommendation to deny (701) the request to initiate a General Plan Amendment and Zoning District change to consider commercial use at 1802 Peninsula Verde Drive, Alicio Arancibia, 5862 Chapman Avenue, Garden Grove, described to the Council the difficulty he has had with tenants in that home which prompted his 'request for the zone change, -6- AUGUST 15, 1989 Council comments included the fact that this home could have a business office once the owner got the proper permits but that changing the zoning would not be in keeping with the character of the neighborhood. The suggestion was made that Mr. Arancibia consider the installation of a wall to buffer his property from the traffic along Western Avenue. Councilman Ryan moved, seconded by Councilman Hughes to adopt the staff recommendation. The motion carried unanimously, MORATORIUM EXEMPTION NO*55 - The City Manager presented the 5500 PALOS VERDES DRIVE SIXTH August 15th staff memorandum (1801) and the recommendation to deny the proposed exemption request for approval of a pre-existing pool, spa, accessory out building, decorative lattice work, entrance gate and deck. Staff referred to the most recent staff report dated August 15th which reported that the Abalone Cove Panel of Experts had previously opposed the construction of pools, spas, or other major structures in this area of the Landslide Moratorium and that on September 13th of this year they will establish official guidelines to that effect* Council inquired about the process that this matter would take and in particular if denial of this exemption would automatically start the abatement process for the removal of the pool. Robert Reamer, attorney for the property owner, 23505 Crenshaw Boulevard, Torrance, objected to the staff recommendation and summarized what his understanding was as a result of the Council direction from the last meeting. Michael Lightman, the property owner, told the Council that it was also his understanding that they had been directed to file for a moratorium exemption and had not been asked for a geology report.' Council discussion then included comments about what purpose a geology report would serve in this matter in light of the prohibition on swimming pools and under what conditions the City geologist would allow a pool. Councilman Hughes moved, seconded by Councilman McTaggart to deny the proposed exemption request based upon the panel of experts' opposition to the construction of pools, spas, or other major structures in the area of the landslide moratorium. The motion carried unanimously. . -7- AUGUST 15, 1989 AUDIENCE QUESTIONS. Walter Yeager, 27803 Montereina Drive, inquired about the status of the park which had been proposed for the Sanitation District site*, Council responded that a meeting had been held with alrepresentative of the Sanitation District and that this item would be on the September 5th agenda, Lois LaRue, 3136 Barkentine, commented on the statement on the agenda sheet which stated that the agenda was prepared for the orderly progression of City business* she.also commented on a 1987 campaign contribution to Councilman Hughes; on contributions made by Councilman McTaggart to Senator Wilson and Assemblymen Felando, and alluded to a sign on Montereina Drive that prohibited trucks over 7,000 pounds on the street. Additionally, she commented on the condition of the landscaping at the Pt ' . Vicente Interpretive Center and suggested that it be watered. CITY COUNCIL REPORTS, COUNCIL SUBCOMMITTEES The Mayor made the following appointments for the Coastal Subcommittees: Land-use - Councilman Ryan, Mayor Bacharach; Environmental Issues - If Councilman Hughes and Councilman McTaggarto Fiscal-Councilman Hinchliffe and Mayor Bacharach, PLANNING COMMISSION Council, accepted with regret APPOINTMENT (106)x (1203) Mrs. Ortolano's resignation from the Planning Commission, Mayor Bacharach moved, seconded by Councilman Ryan to appoint Susan Brooks to serve out the unexpired term until December 1989 on the Planning Commission. The motion carried on the following roll call vote, AYES, RYAN, McTAGGART, MAYOR BACHARACH .0 NOES* NONE PRESENT: HUGHES ABSENT: HINCHLIFFE HAWTHORNE BEAUTIFICATION: Council requested that a signbeinstalled indicating that the Hawthorne undergrounding was a Beautification Project, Moreover the sign should indicate the source of the funds. The suggestion was made that perhaps a press release be issued on this matter. -8- AUGUST 15, 1989 CITY MANAGER REPORTS: STATUS OF COUNCIL DIRECTIVES RECYCLE PRODUCTS: The suggestion was made that staff should check with other public agencies to see if they are using recyclable products and, from time to time, to come back with an update on this program, TRAFFIC AT THE TERRACES The suggestion was made that WESTERN AVENUEe this item be kept on the Status Report to monitor the Cal-Trans improvements on Western Avenue. CREST ROAD MEDIAN Staff presented a brief status PROJECT report on the progress made for the Crest Road median project: planting and irrigation plans have been completed and a meeting has been held with the members of the PV Monaco Homeowners Association. The project is set to go out to bid on September 5th and the bids will be opened on September 25th. Work is scheduled to begin on October 31st and be completed by November 17th. ADJOURNMENT. Attorney announ, pursuant to the 54956.9C and to initiated. At 10 :55 the meeting recessed to a closed session. The City ced that the close session was being held authority of Government Codes Section decide whether litigation should be MAYOR ATTEST• CITY CLERK 81589 -9- AUGUST 15, 1989