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CC MINS 19890117M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JANUARY 17, 1989 The meeting was called to order at 7:37 p.m. by Mayor Bacharach, at Fred Hesse Community Center, 29301 Hawthorne Boulevard, Rancho Palos Verdes* PRESENT HINCHLIFFE HUGHES AND MAYOR BACHARACH ABSENT: McTAGGART (arrived at 7:42 p.m.), RYAN Also present were City Manager Dennis MeDufflie, Acting City Attorney Rochelle Brown, Finance Director Kevin Smith, Environmental Services Director Robert Benard, and Public Works Director George Wentz* APPROVAL OF AGENDA The Deputy City Clerk stated that items A-5 and A-9 had been requested to be removed from the consent calendar* Councilman Hinchliffe moved, seconded by Councilman Hughes, and so ordered, to approve the agenda as amended, with items A-5 and A-9 to be heard as the last items of business at the end of the meeting. Councilman Hughes moved, seconded by Councilman Hinchliffe, and so ordered, to waive reading in full of all ordinances and resolutions adopted this evening. Councilman McTaggart arrived at 7:42 p.m. CONSENT CALENDAR The consent calendar was approved by Councilman Hughes moved, seconded by Councilman Hinchliffe, and carried. MINUTES Approved the minutes of the City Council meetings of November 29, 1988 adjourned, December 6, 1988 regular, December 15, 1988 adjourned, December 20, 1988 adjourned, January 3, 1989 adjourned, and January 10, 1989 adjourned. ORDINANCE NO* 240 Waived further reading and adopted REGULAR MEETING TIMES Ordinance No. 240, establishing regular meeting times for City Council meetings and amending Ordinance No. 192 of the Rancho Palos Verdes Municipal Code* RESOLUTION 89-5 Adopted Resolution 89-5, Register of REGISTER OF DEMANDS Demands. CREST ROAD STREET IMPROVEMENTS 1) Accepted as completed the work on the (1404) Crest Road street improvement project done . by Vernon Paving Company at a total cost of $1,176,574.27" 2) directed the City Clerk to file a notice of completion and notify the surety to exonerate 1 the contract bonds; and 3) directed the Finance Director to release the retention if no claims have been filed within 30 days of filing the notice of completion. TRACT NO* 40640 1) Accepted the on-site and off-site street LUNADA POINT (1411) improvements, storm drains, water system, sanitary sewers, landscaping, monumentation, and final grading as complete for Tract No. 40640 (Lunada Point) and released the faithful performance bonds; 2) reduced the required bonds and securities for the fence improvements by 50 percent; and 3) directed the City Clerk to notify the surety and principal. RESOLUTION NO* 89-6 1) Adopted Resolution No. 89-6, declaring RPV IMPROVEMENT DISTRICT #9 (901) its intention to order improvements for proposed Rancho Palos Verdes Improvement District No. 9, Del Cerro, pursuant to the Municipal Improvement Act of 1913; 2) adopted Resolution No. 89-7, approving the report of the Engineer in connection with Rancho Palos Verdes Improvement District No. 9, Del Cerro, and setting a time and place for hearing protests; and 3) directed the City Clerk to endorse the district map and file in the office of the County Recorder in accordance with the provisions of Division 4.5 of the Streets and Highways Code. RESOLUTION 89-8 Adopted Resolution No. 89-8, approving the LADERA LINDA PLAYING FIELD (1201) application for grant funds for the per capita grant program under the California Wildlife, Coastal, and Parkland Conservation Act of 1988 for the Ladera Linda playing field acquisition. The motion to approve the Consent Calendar carried on the following roll call vote. AYES HINCHLIFFE HUGHES MbTAGGART AND MAYOR BACHARACH NOES NONE ABSENT. RYAN PUBLIC HEARINGS ROCKINGHORSE ROAD SEWER City Manager Dennis MbDuffie briefly ASSESSMENT DISTRICT (901) reviewed the staff report and said the recommendation was to adopt the resolution confirming the assessment and to award the construction project to Westmark Construction, Inc. No one in the audience wished to be heard on this matter. Councilman Hughes moved, seconded by Councilman MbTaggart, and unanimously carried, to close the public hearing and adopt Resolution No. 89-9, confirming a proposed assessment, confirming a proposed maximum annual assessment, ordering proposed improvements to be made and declaring its action upon the Engineer's report, as modified, and the assessments in connection with Rockinghorse Road Sewer Assessment District. i� Councilman Hinchliffe moved, seconded by Councilman MoTaggart, to award the construction project to Westmark Construction, Inc., contingent upon receipt of the necessary easements, in an amount not to exceed $94,891 and provide a contingency of $6,000 for a total amount of $100,891. The motion carried by the following roll call vote.- -9 AYES . HINCHLIFFE HUGHES MCTAGGART AND MAYOR BACHARACH NOES: NONE ABSENT: RYAN TENTATIVE TRACT MAP NO* 45667 City Manager MoDuffie said the recommended CONDITIONAL USE PERMIT 130 APPEAL action for this item was to continue the GRADING 1061 APPEAL AND EIR 29 public hearing until January 31, 1989 in 6500 BLOCK OF P.V. DR. NORTH order to receive a full opinion from the (1804) City Attorney regarding the adequacy of the environmental impact report and enable staff to complete an analysis of the alternative designs* Acting City Attorney Rochelle Brown said there was concern with regard to the adequacy of the EIR. She recommended continuing the item pending a full opinion from the City Attorney, which was expected next week. Environmental Services Director Benard said the staff recommendation was to continue the public hearing until January 31, which is scheduled as a Council work session because, pursuant to State law, the City has until February 2 to approve or reject the project unless the developer gives the City an extension to allow for an adequate review of all possible alternatives. He said if the City Attorney is of the opinion that the development's EIR is complete, staff will report on the project at the January 31 meeting. He said if the EIR/is found to be incomplete and must be revised and recirculated, additional time would be required. He said staff and the developer each had their own eight - minute video of the site for Council viewing this evening. Larry Schmidt, representing Watt Palos Verdes, Inc., 3330 Palos Verdes Drive West, narrated their video and answered questions of the Council. He then made a brief presentation and submitted a letter to the Council addressing issues raised at the last meeting. He referred to the plan on display and explained the difference between it and the previous plan. He said the revised plan was prepared in response to comments heard at the last two Council meetings, but noted that he believed the 1987 plan was better. He questioned the reasonableness and the necessity of a time extension and said any problems with the EIR could and should have been addressed sooner. He said if an extension is granted, staff should prepare a performance schedule. Don Loyn, the seller's representative, said he was confident he could negotiate a 90-day extension* Mayor Bacharach said on January 31 the Council would receive the opinion from the City Attorney on whether or not the EIR needs to be recirculated and a response from the developer concerning a time extension. She said the matter would be tabled to that meeting and that, if an extension is granted, public testimony on the project could be taken at the February 7 Council meetings 3 JAN 17, 1989 Environmental Services Director Benard said staff would need to do a detailed analysis of the new design presented this evening and report back to Councils Philip Robinson, 3205 Barkentine Road, thought it was inappropriate to wait until January 31 for the time extension. He said after the plan is analyzed and a staff report is prepared, there should be time for public inputs Nagy Jacob, 24 Packet Road, said this was a high-risk project and that several areas are not covered in the EIR or the geology report. He suggested asking the property owner for a bond for 30 to 50 years to cover any damage that may result from the project. Lois Knight LaRue, 3136 Barkentine Road, expressed concern about erosion of two main canyons. She referred to a 1946 map relating to the geology of the Watt site, and said there is Altamira shale on the site. She submitted copies of maps and documents. Councilman Hinchliffe moved, seconded by Councilman Hughes, and unanimously carried, to continue this item to January 31, with the understanding that Council would be discussing the time extension and the City Attorney's opinion of the adequacy of the EIR at that meeting* Recess At 9:00 p.m. Mayor Bacharach declared a brief recess. Council reconvened at 9:13 p.m. AUDIENCE QUESTIONS Roy Fulwider, 28219 Hazelridge, said Council should think about creating a tree planting program, which is necessary because the ozone layer is being severely damaged. He suggested investigating areas in the City and coming up with such a program. Mr. Fulwider said the Engineering Department should check with the city of Huntington Beach concerning a driveway he observed in that city on 12th Street at Pacific Coast Highway. He said they have solved the problem of cars scraping bottom by flattening the driveway with ramps on either side of the sidewalk so that cars only go over one slope. Mayor Bacharach noted that the date of the Villa Capri affordable housing lottery has been changed to January 30 because required legal notices were not done . CONTINUED BUSINESS LANDSLIDE MORATORIUM EXEIPTION 18 City Manager McDuffiie said the recommended PORTUGUESE BEND CLUB action was for Council to approve the 4100 PALOS VERDES DRIVE SOUTH requested exemption from the Landslide Moratorium subject to the four conditions listed in this evening's staff reports 4 Counc *1 Iman Hinchl i ffe said he lived in Portuguese Bend and would abstain from any discussion or action on this item. John McCarthy, 105 Spindriff Drive, representing the Portuguese Bend homeowners, supported the staff recommendations with the exception of condition 0. He requested that they be allowed to continue to underground a system on the ground level to water the lower vegetation and use a drip system for the upper vegetation. He said they only want enough of a water supply to take care of the vegetation. Charles Hotchkiss, 84 Yacht Harbor Drive, concurred with Mr. McCarthy, and said he appreciated Council and staff's help* Environmental Services Director Benard said tonight's staff report represented a background analysis--that a more specific analysis wold be done when the matter goes before the Planning Commission. He said subject to review by the City's geologist, and with Council approval, condition #3 could be modified to allow plumbing fixtures to be restored and a new ground irrigation system. Councilman MeTaggart moved, seconded by Councilman Hughes, to approve the requested exemption from the Landslide Moratorium subject to the conditions listed in the staff report, with the change suggested above to condition #3. The motion carried by the following roll call vote: AYES: HUGHES, McTAGGART AND MAYOR BACHARACH NOES: NONE ABSENT: RYAN ABSTAIN: HINCHLIFFE MINOR EXCEPTION PERMIT 286 APPEAL City Manager MbDuffie said the recommended 27016 GRAYSLAKE (1804) action was to approve an 85-foot crank-up/ down (nesting) tubular ham radio tower and a 30-foot antenna array subject to the conditions imposed by the Planning Commissions In response to a question by Councilman Hinchliffe, Assistant Planner Laurie Brigham said no written technical information has been presented with regard to the reason for the proposed height of the tower, but that the applicant verbally stated that 75 feet was recommended by the manufacturer* In response to a question by Mayor Bacharach, Acting City Attorney Brown said there is an issue of federal preemption and First Amendment rights involved. She said the City may regulate the height of the tower but must balance the First Amendment rights of the applicant. She said the major question is why the applicant needs the requested height, and that it is the burden of the applicant to present that information to the Council. Environmental Services Director Benard said statements have been made by neighbors concerning a reduction in property values, but that no documents have been presented. He said it was staff's evaluation that there would be no interference with primary views but that, since it was the Planning Commission's opinion that there would be, the crank-down provision was added. 5 JAN, 17, 1989 Councilman Hughes said the Antenna Ordinance was written as the result of a federal court case against the city of Cerritos* He said he has held an amateur radio license since 1954, which did not represent a conflict of interest, and that he would participate in the discussions on this item and in the vote. Russell Harrison, 5915 Finecrest Drive, project appellant, requested that members of the Palos Verdes Hain Radio group not participate in the discussions because they may benefit from it. He said both Councilmen Hughes and MeTaggart were members* Councilman McTaggart said he held an amateur radio license but did not own a radio or an antenna* Mayor Bacharach noted that all members of the Council would be disqualified since they are all honorary members of the organization. Mr. Harrison said he was speaking for eight people. He said there were many people opposed to the tower and that the Planning Commission agreed there was view impairment. Concerning market values, he offered the names and phone numbers of realtors who would attest to decreased property values. He said there is no mention of height in the federal regulations and that the City code does not preclude ham operations. He said the tower would impact his view and the view of others--that at 85 feet it could be seen across Hawthorne Boulevard. He said it would impact the resale value of his home by 5 to 15 percent. He said the issue of public safety and welfare has not yet been addressed. He presented a petition containing 922 signatures, including 70 of the 118 homes in the immediate area. He requested denial of the tower at the requested height. Lucian Rochte, 5925 Finecrest Drive, agreed with Mr. Harrison and requested that members of the ham radio club step down from deciding on this item. He said the proposed tower would be 70 feet from his kitchen window and expressed concern about its ability to withstand high winds. He also recommended changing the antenna ordinance to include specific criteria and said he would turn over to the City his research notes* George Kacirek, 27016 Whitestone, said the neighborhood was a residential, not an industrial, community and that neighboring properties would be degraded by the construction of a structure of the proposed size. He noted that many cities are now spending money to underground utilities to eliminate 36-foot high telephone poles. Melinda Barth, 5911 Flambeau -Road, concurred with the previous speakers in opposition to the proposal* DeDe Hicks, 6120 Scotmist Drive, said very few people want antenna towers built in the City and that there is no freedom without limitation. She also requested that the members of the ham radio club step down from deciding on this project. 0 Warren Sweetnam, 7 Top Rail Lane, representing the Rancho Palos Verdes Council of Homeowners Association, agreed with the appellant and suggested that the City take another look at its antenna ordinance. He expressed concern about the health, safety and aesthetics of the neighborhood. Jan Ballard, 5926 Finecrest Drive, said if this tower is granted, the next request may be for a 120-foot tower. She was also concerned about maintenance of the tower, if approved. Marie Dill, 27031 Grayslake Road, said the federal regulations do not prohibit the City from setting limitations. She said her husband is a ham radio operator--that he no longer has a tower but still has his license. She said it was his opinion that the requested height is unnecessary, but that a 60- foot rather than a 40-foot antenna would be more appropriate, Environmental Services Director Benard said there is a provision in the Code regarding maintenance of the tower, and that the Minor Exception Permit is valid only forthis particular applicant.and only for this property as long as the applicant resides there, Benjamin Ackerson, 27129 Springcreek Road, asked about liability (applicant or City) in the event that the tower blows over, and also about interference to reception in the surrounding neighborhood. He expressed concern that approving this project would set a precedent and that towers would then go up all over the City, Acting City Attorney Brown said the owner of the property would be responsible for the tower--that granting a permit would not give the City liability, Councilman Hughes said the stronger the signal and the lower the antenna, the more potential there is for interference. He said as the tower is raised, it gets further away from receiving antennas and, therefore, interference, Michael Kemps, 26605 Deepbrook Drive, Palos Verdes Amateur Radio Service Repeater Club, said he was an- advanced class ham operator, and that the proposed system can only be handled with a high antenna. He said amateur radio is a public service hobby and is very helpful in disasters. He said this was their only site and if the antenna tower is at 85 feet, they could handle both sides of the hill, noting that a line of sight is necessary. He said the antenna would give the applicant the ability to communicate around the world and was not sure a 60-foot tower would suffice, although it would be adequate for the Club's repeater system, Roy Fulwider, 28219 Hazelridge, said the City is concerned about the height of trees but not about antenna towers, and has two different standards. He said the repeater system should be located in a commercial area, Walter Ordway, applicant, 27016 Grayslake Road, Palos Verdes Amateur Club, submitted his written comments. He said-: 1) the tower and antenna have no impact on primary view; 2) the antenna is a three-in-one design, combining three antennas into guy wires one; 3) the tower requires no _ wires and has a very low profile; 4) the tower serves in the public interest in times of 7 JAN. 17, 1989 disaster; isaster; 5) the requirement to keep the tower nested at 23 feet is inconsistent with the fixed height of some existing structures in the neighborhood.4, 6) the proposed antenna has a surface area of less than 10 square feet would provide substantial improvement over what they have now; 7) the proposed height would give him the ability to communicate around the world; 8) at 30 feet the quality and the communication possibilities are less* 9) his hours of operation would be generally on weekends or in the evening during the week" and 10) a 30-foot tower would not be worth the investment, but that 60 feet may be reasonable. Dale Hanks, 5225 Middlecrest Road, said when he was 17 years old he got a license and erected an 80-foot antenna. He said raising the antenna up not only reduces the interference to the neighbors but also from the neighbors. He said there was a big difference between the communication powers of a 30- foot antenna versus a 70 to 80 foot antenna. Merrill Stone, 5171 Bluemound Road, Rolling Hills Estates, said he obtained his first license 48 years ago, and that his 51-foot tower went up three years ago. He said property values have gone up, not down. He said his wife and neighbors initially were concerned about the view of the tower, but that people don't tend to look up and after a while everyone forgot it was even there. He said his tower cranks down to 25 feet. Pomr%imQQ At 11:43 p.m. Mayor Bacharach declared a brief recess. The Council reconvened at 119.48 p.m. Council discussion on the requested ham radio tower ensued. Councilman Hughes said a tower can be approved with a multiple array, and that the tri-band beam, as proposed here, provides a compromise in terms of physical size, etc. He said the purpose of the antenna is to launch the signals out toward the horizon, and that the lower the antenna, the more ground that disappears. He thought in this case the height should be between 70 and 75 feet, and said below that height the antenna cannot do the job it is intended to do. He said there were other types of antennas that might work at a lower height, but that 60 to 70 feet would be necessary for world-wide communication. He said the proposed antenna is neither the smallest nor the largest, but was a compromise antenna. He said it is within the City's purview to set the height limit. He said view impairment would be less at 40 feet than at 23 feet because a tower is less impactive at a higher height. Councilman Hinchl iffe said the federal government has decided in its ruling that antennas shall be permitted, and they regulate that the City must attempt to balance the applicant's right to free speech and the community's right for equal protection. He said adequate information has not been provided by the applicant with regard to why the requested height is necessary. Mayor Bacharach said the burden belongs to the applicant to demonstrate that his freedom of speech will be impaired without the requested height, and that perhaps he would like to bring back additional information on the matter. mo Councilman Hughes agreed that the information presented is inadequate for Council to make a judgment and suggested that the item be continued and that the applicant be requested to come back with the following information: 1) an indication of what height is needed; 2) why he needs that particular height; 3) the type of antenna proposed; 4) the size of the array; and 4) how low it should be nested* Acting City Attorney Brown noted that Council would have to adopt a resolution with findings substantiating its decision* Councilman Hinchliffe agreed that the applicant should be given the opportunity to 'Submit the necessary information. Mr. Ordway said he would be glad to come back with the requested information. Councilman Hughes moved, seconded by Councilman Hinchliffe, to table the matter to the February 7 meeting, Hearing no objections, Mayor Bacharach so ordered. Mayor Bacharach noted that the neighbors would also have the opportunity to present additional information at that meeting* CITY MANAGER REPORTS STATUS OF COUNCIL DIRECTIVES In response to Council questions concerning directive #2, fence removal, Public Works Director Wentz said staff had anticipated removing the fence at Pt. Vicente and between the City Hall site at Villa Capri. Mayor Bacharach requested staff to look into removing all public fencing along the coastline. With regard to directive #9, she requested that the status be amended to read "design bids received. t' Public Works Director Wentz said directive #13, Hawthorne undergrounding, would be done by March 1989# ITEMS PULLED FROM CONSENT CALENDAR LONG TERM LOAN TO REDEVELOPMENT Finance Director Smith said the Agency AGENCY (1801) itself does not have money to complete I projects in the area and is requesting from Council a $25,000 loan to eliminate the need to put each item on the agenda as money is needed* He said he had asked Public Works how much they would need for the end of the year, and noted that there is Agency money is in other projects. Public Works Director Wentz reiterated that there is no money in the Agency budget available at this time for this particular work effort* i 9 JAN. 171 1989 Mayor Bacharach said she would be willing to support a $6,000 loan tonight, but wanted a mid-year budget. She said the City has been making loans to the Redevelopment Agency for the past several months. Mayor Bacharach moved to approve a loan to the Redevelopment Agency for $6,000 with the understanding that the Agency have on its next agenda a mid-year budget review. The motion died for lack of a second. Councilman McTaggart moved to approve the loan of $25,000 from the City to the Redevelopment Agency at an interest rate of 8 percent, as recommended by staff. The motion died for lack of a second. Councilman Hughes said he would not vote to approve a $25,000 loan until he is satisfied the Agency will repay the money. Mayor Bacharach restated her motion to approve a $6,000 loan with a mid-year budget review on the next Redevelopment Agency agenda, which was seconded by Councilman Hughes, and failed by the following vote: AYES HUGHES AND MAYOR BACHARACH NOES: McTAGGART ABSENT. RYAN ABSTAIN. HINCHLIFF LOS ANGELES COUNTY HAZARDOUS Mayor Bacharach said Los Angeles County is WASTE MANAGEMENT PLAN (1402) not a member of the Authority. She said this is a cooperative effort and suggested that the City approve the Hazardous Waste Management Plan conditional upon the County's joining the effort. Councilman Hughes said there are no provisions for eliminating household hazardous waste and suggested that staff research the matter further. Risk Manager Luppens said he would look into both concerns. Councilman Hinchliffe moved, seconded by Councilman MoTaggart, and so ordered, to continue the matter to February 7 for further staff research. ADJOURNMENT At 1:21 a.m., on motion by Councilman Hughes, Council adjourned to Tuesday, January 21, 1989, at 6:30 p.m. ATTEST.* 10