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CC MINS 19931207M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 7, 1993 The meeting of the Rancho Palos Verdes City Council was called to order at 7:00 P.M. by Mayor Susan Brooks at Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: KUYKENDALL, McTAGGART, BACHARACH AND MAYOR BROOKS ABSENT: NONE Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, City Attorney Carol Lynch, City Clerk Jo Purcell, Planning Director Bret Bernard, Public Works Director Trent Pulliam, Planning Administrator Carolynn Petru, Associate Planner Terry Silverman, and Senior Administrative Analyst Veronica Dolleschel. APPROVAL OF AGENDA Councilwoman Bacharach moved, seconded by Councilman Kuykendall to approve the agenda. Motion carried. WAIVER OF FULL READING Councilwoman Bacharach moved, seconded by Councilman McTaggart to waive reading in full of all ordinances and resolutions adopted at this meeting with consent to the waiver of reading to be deemed to be given by all councilmembers after the reading of the title, unless specific request was made at that time for the reading of such ordinance or resolution. Motion carried. RESOL. N0.-93 -109 - DECLARING THE RESULTS OF THE NOVEMBER 2, 1993 ELECTION (301 X 501) RESOL. NO. 93 -109 RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 21 1993, DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS AS PROVIDED BY LAW was read by title. Councilman Kuykendall moved, seconded by Councilman McTaggart to ADOPT RESOL. NO. 93 -109. Motion carried. CERTIFICATES OF ELECTION & OATH OF OFFICE (301 X 501) City Clerk Jo Purcell administered the Oath of Office to newly elected Councilmembers Lee Byrd and Marilyn Lyon. ELECTION OF MAYOR & MAYOR PRO TEM (301 X 306) Mayor Brooks moved, seconded by Councilman McTaggart to nominate Mayor Pro Tem Kuykendall as Mayor of the City of Rancho Palos Verdes. Motion carried. Councilwoman Lyon moved, seconded by Councilman McTaggart to nominate Councilman Lee Byrd as Mayor Pro Tempore. Motion carried. CEREMONIAL MATTERS Leah Jeffries, Deputy to County Supervisor Deane Dana, presented Councilwoman Bacharach with a proclamation from the County of Los Angeles in recognition of her service to the community. Councilwoman Brooks presented a tile plaque to outgoing Councilwoman Jacki Bacharach on behalf of the entire community and expressed thanks and acknowledgement of her contributions during her years on the City Council. Councilwoman Brooks next presented a Certificate of Recognition to Citizen of the Month Earl Weinstein for the service provided to the community through his company Beta Data. Mayor Kuykendall presented Councilwoman Brooks with a gift in appreciation of her term as Mayor from December 7, 19920 Mayor John Crawley from the City of Cerritos presented Councilwoman Brooks with a proclamation from his city in recognition of Councilwoman Brooks' efforts on behalf of the Contract Cities organization. RECESS At 7:15 P.M. Mayor Kuykendall declared a recess. The meeting reconvened at 7:40 P.M. RECYCLE DRAWING Palos Verdes Peninsula News reporter Ken Huthmaker drew cards from the recycle drum. The people whose cards were drawn will be eligible for a year's worth of free trash pick -up service. APPROVAL OF CONSENT CALENDAR: The Consent Calendar was approved as follows on motion of Councilman McTaggart, seconded by Councilwoman Brooks. ADOPTED A MOTION TO WAIVE FULL READING 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 NOVEMBER 3 AND 16, 1993, AMENDMENT TO JULY 4TH CONTRACT a- MARK CONTE PRODUCTIONS (1201) APPROVED AND AUTHORIZED THE MAYOR AND CITY CLERK TO SIGN THE AMENDMENT TO THE CONTRACT FOR THE PRODUCTION OF THE CITY'S JULY 4TH CELEBRATION. EASTVIEW PARK UPDATE (1201) ORDERED THE REPORT RECEIVED AND FILED. MARYMOUNT SUMMER AQUATICS PROGRAM (1201) ORDERED THE REPORT RECEIVED AND FILED. DIMENSION CABLE CONSOLIDATION (605 % 1101) APPROVED THE CONSOLIDATION OF TIMES MIRROR CABLE TELEVISION OF PALOS VERDES CITY COUNCIL MINUTES DECEMBER 7, 1993 PAGE 2 PENINSULA, INC. INTO TIMES MIRROR CABLE TELEVISION, INC. STATE AND LOCAL PARTNERSHIP PROGRAM - CIP ROADWAY FUNDS REIMBURSEMENT (308 X 1204) (1) APPROVED PROGRAM SUPPLEMENT NO. 4 TO LOCAL AGENCY -STATE AGREEMENT NO. 07- 5413. (2) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE THE PROGRAM SUPPLEMENT. INSTALLATION OF TRAFFIC CONTROL SIGNS - INTERSECTION OF MIRALESTE PLAZA & EASTBOUND MIRALESTE DRIVE (1503 X 1204) APPROVED THE INSTALLATION OF "DO NOT ENTER" & "WRONG WAY" SIGNS ON EASTBOUND MIRALESTE DRIVE WEST OF MIRALESTE PLAZA. STOP SIGN - INTERSECTION OF PEMBINA ROAD & EAU CLAIRE DRIVE (1502 X 1204) APPROVED INSTALLATION OF A "STOP SIGN" AT THE INTERSECTION OF PEMBINA ROAD & EAU CLAIRE DRIVE. PLANNING COMMISSION REVIEW OF CAPITAL IMPROVEMENTS PROGRAM (1203 X 602) RECEIVED AND FILED THE PLANNING COMMISSION'S REPORT AND FINDINGS THAT THE CITY'S CAPITAL IMPROVEMENTS PROGRAM (CIP) IS CONSISTENT WITH THE GENERAL PLAN CLAIM AGAINST THE CITY - CHARLES DAHM FOR PLUMBING DAMAGE (301 X 303) REJECTED THE CLAIM AND DIRECTED THE CITY CLERK TO NOTIFY THE CLAIMANT OF COUNCIL'S ACTION CLAIM AGAINST THE CITY - JACKIE & JAMES REED RE TRAFFIC ACCIDENT (301 X 303) REJECTED THE CLAIM AND DIRECTED THE CITY CLERK TO NOTIFY THE CLAIMANT OF COUNCIL'S ACTION. COUNCIL POLICY NO. 21 - COMMISSION & COMMITTEE USE OF CITY ATTORNEY ( 306 X 1101) ADOPTED COUNCIL POLICY NO, 21 CONCERNING THE USE OF THE CITY ATTORNEY BY THE CITY PLANNING COMMISSION AND OTHER CITY ADVISORY COMMITTEES. RESOL, NO. 93 -110 - REGISTER OF DEMANDS ADOPTED RESOL. NO. 93 -110 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: CITY COUNCIL MINUTES DECEMBER 7, 1993 PAGE 3 AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE ABSTAIN: BYRD & LYON ON THE MINUTES OF NOVEMBER 3 AND 160 APPEAL OF CONDITIONS OF APPROVAL - C.U.P. N09 71 REVISION "D". LOCATION: 6470 SEACOVE DRIVE. (1203 X 1804) Commenting that this public hearing had been continued from November 16, Mayor Kuykendall re- introduced the hearing on this appeal of Conditions of Approval for C.U.P. No. 71, Revision "D. The City Clerk reported that notice of the public hearing had been duly published. Because he had deliberated on this matter when it was heard by the Planning Commission, Councilman Byrd excused himself from the discussion. Associate Planner Silverman presented the staff memorandum of December 7, 1993 and the recommendation to DENY THE APPEAL, THEREBY UPHOLDING THE PLANNING COMMISSION'S CONDITIONS OF APPROVAL WHICH REQUIRE THE LANDOWNER TO MODIFY AND REMOVE CONCRETE WALKWAYS LOCATED SEAWARD OF THE BUILDING SETBACK LINE AND TO REMOVE ALL BUT FOUR OF THE QUEEN PALM TREES ON THE PROPERTY WHICH ARE EXPECTED TO EXCEED A MAXIMUM OF 16 FEET IN HEIGHT AND WHICH IMPAIR VIEWS FROM NEIGHBORING PROPERTIES. Continuing with her report, Ms. Silverman stated that this application originated through code enforcement activity resulting from construction and installation of many improvements on the subject property located seaward of the building setback line in the coastal zone which were in violation of conditions of approval for the tract. The Planning Commission reviewed the application in September and approved most of the after- the -fact improvements with specific conditions for removal of portions of the concrete walkway and for all but four of the queen palms. The property owner appealed those conditions and requested that the walkways be allowed, and that the trees be approved as part of the total landscaping plan without specific limitation on their number. Since this was an appeal of the project application, Ms. Silverman indicated that in addition to the subject of the appeal, the Council could consider all of the improvements previously considered by the commission: installation of a fountain, irrigation, and minor grading seaward of the Building Setback Line, as well as modification to the approved tract fencing. Ms. Silverman reminded Council that upon adoption of the Coastal Specific Plan, the City established the Building Setback Line to prevent erosion, maintain the integrity of the bluff top areas, and to preserve the natural beauty of the coastline. Because no other private properties in the tract had installed permanent concrete walkways seaward of the Building Setback Line, staff had recommended against approval of the walkways to the commission. Similarly, the limit on the number of queen palm trees resulted from a survey of other properties showing that the average number of palms planted was four. She noted, however, that all of those trees had also been installed in violation of Conditions of Approval for the tract. Inasmuch as that was the case, staff felt it was unfair to limit the palm trees on the subject property to fewer than that which exist elsewhere in the tract. She noted that these trees had been specifically targeted because they cause significant view impairment and eventually will exceed the ridgeline of the structure which is a violation of the Conditions of Approval of the CUP for this CITY COUNCIL MINUTES DECEMBER 7, 1993 PAGE 4 tract. Ms. Silverman then directed Council's attention to the letters from neighbors expressing concern about view impairment. For all of these aforementioned reasons, she stated staff's support for the Planning Commission's recommendation to remove all but four of the trees and to remove the walkways. Speaking for the property owner and appellant were the following persons: George Hillyard, 2915 E. LaJolla, Anaheim, who argued that there was confusion re the appeal: that they were appealing only the matter of elimination of the trees and removal of the walkways. He maintained that because the lots were so big that their landscape architect felt that these trees would not obstruct views. Using the elements of the Uniform Building Code, he defended the installation of the walkways without City permits. He then distributed a "Concept Statement" from Warren Tong & Company, Landscape Architects which described the landscaping of this residence as an elegant formal Italian garden. Additionally, this statement listed the plants that were planted in the front, upper, rear, middle and lower terraces of the property. (Mr. Tong's statement is on file with the City Clerk's Office.) Gene Carpenter, 18185 Mesa Verde, Fountain Valley, asserted that there was no way to stop erosion, the best thing to do was to keep water off the surface so it would not infiltrate the soil, and that the sidewalks served such a purpose. Dr. Sanjay Govil, 1446 E. Chestnut Ave., Santa Ana, Civil Engineer, contended that the these walkways would reduce by thirty percent the amount of infiltration from a 100 year storm, and that the more an area that is paved the less infiltration into the ground. The property owner and appellant in this matter, Dr. Robert Hunt, 6470 Seacove Drive, maintained that he did not wish to restrict views, but argued that limiting the property to four trees was arbitrary, that Vanderlip Park on the same street had 16 palm trees and extended sidewalks. He pleaded to be able to landscape his property in a fitting manner. Martin Harvey, 15651 Monroe St*, Midway City, argued that sidewalks were a water control device, that it is not a slab or a deck and that the UBC does not require a permit for their installation. Speaking in opposition were the following residents: Dr. Rick Quintero, 6490 Seacove Drive, said that his home is directly to the north of the property in question, that he wanted to be sure that the Planning Commission's and staff's recommendations were put into effect, and that their property has a problem with runoff from the Hunt property. He said that the location of the trees is the main problem and that four would be a reasonable number. He urged that there be strict timeline for removal because the trees continue to grow. Mintra Sharma; 6490 Seacove Drive, stated her opposition to the trees because of the view obstruction and stated that the water drainage onto their property from Dr. Hunt's property was a problem. Lois Larue, 3136 Barkentine Road, stated her disagreement with the statements that the cement sidewalks were better than allowing natural infiltration into the ground because the sidewalks increase runoff. Harley A. Rennick, 32706 Via Palacio, requested that the Council consider Alternative No. 3., and reduce the trees to a minimum BO views will not be impaired and also that they consider view impairment from other sites in that tract. Mr. Rennick also noted that in order for the irrigation runoff to drain CITY COUNCIL MINUTES DECEMBER 7, 1993 PAGE 5 onto Seacove as indicated by the applicant's consultants it would be necessary for the water to travel uphill. Councilwoman Brooks, seconded by Council McTaggart to close the public hearing. Motion carried. Council focused their attention on the following: the fact that the sidewalks will move the runoff elsewhere but that it will still go over the coastal bluff, and that a drainage problem does indeed exist but questioned to what extent. Wishing to hear more testimony relative to the drainage issue, Councilwoman Brooks moved, seconded by Councilman McTaggart to reopen the public hearing. Motion carried. Speaking again was Gene Carpenter, who reported that all of the drains led to a large sump connected to a pump which would carry the water up to the street level and then into the appropriate drains. Councilwoman Brooks moved, seconded by Councilman McTaggart to close the public hearing. Motion carried. Council resumed discussion of how the drainage on this lot compares with the drainage at Vanderlip Park, and clarification of the fact that when dealing with City building requirements it was indeed necessary to get a City permit for installation of sidewalks, and that all structures should be within the Building Setback Line. Discussion of possible motions to include allowing the concrete walkways and four queen palm trees was followed by Councilman McTaggart's motion to approve Alternative No. 1, to deny the appeal, thereby upholding the Planning Commission's conditions of approval relating to modification to the concrete walkways and removal of all but four queen palm trees which impair views from neighboring properties and which are expected to exceed 16 feet in height. That motion failed on the following roll call vote. AYES: McTAGGART & MAYOR KUYKENDALL NOES: BROOKS & LYON ABSTAIN: BYRD Further deliberation again focused in the drainage problems and the question was raised if, at the expense of the property owner, the drainage could be monitored and examined by the City Geologist and Building Official to determine what impacts, if any, result from the walkways within the coastal setback area. Councilwoman Brooks moved, seconded by Councilwoman Lyon to approve a variation of Alternative No. 3 but to allow existing portions of the walkways to remain pending a study by the City geologist to be paid for by the homeowner, and to remove all but four of the palm trees. The motion failed on the following roll call vote. AYES: BROOKS & LYON NOES: McTAGGART & MAYOR KUYKENDALL ABSTAIN: BYRD Because Council could not reach a decision on this appeal, the decision of the Planning Commission stood, thereby requiring the landowner to modify and remove concrete walkways located seaward of the building setback line and to remove all but four of the queen palm trees on the property which are expected to exceed a maximum of 16 feet in height and which impair views from neighboring properties. CITY COUNCIL MINUTES DECEMBER 7 1993 PAGE 6 RESOL. NO. 93 -111 - RATE INCREASE - MULTIPLE FAMILY RESIDENTIAL REFUSE & RECYCLING RATE INCREASE (1301 X 1204) Mayor Kuykendall opened the public hearing on multiple family residential refuse and recycling rate increase and the City Clerk reported that notice had been duly published and that no written protests had been received by the City. There being no response to the Mayor's call for public testimony, Councilman McTaggart moved, seconded by Councilwoman Lyon to close the public hearing. Motion carried. Councilwoman Brooks moved, Seconded by Councilman McTaggart, to waive reading of the staff report. Motion carried. RESOLUTION NO. 93 -111 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING THE MULTIPLE FAMILY RESIDENTIAL REFUSE & RECYCLING COLLECTION RATES IN THE CITY was read by title and adopted on motion of Councilwoman Brooks, seconded by Councilman McTaggart. The motion carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS, & MAYOR KUYKENDALL NOES: NONE ABSTAIN: NONE RECESS & RECONVENE: At 8:36 Mayor Kuykendall declared a recess. The meeting reconvened at 8:45 P.M. AUDIENCE COMMENTS: Lois Larue, 3136 Barkentine Rd., reported that the So. Bay Chapter of the ACLU would be holding a meeting to discuss gays in the military. Roy Fulwider, 28219 Hazelridge, said he hoped that new members would serve four years and not force the City into having a special election. Referring to the appearance of councilmembers on Public Service Announcements that are run on the government access channel, he inquired if this was a violation of the equal access provision. Mayor Kuykendall explained that councilmembers appear on these Public Service Announcements throughout the year and that the equal access rule would come into effect upon the closing of the filing period for certain offices. Jonathan Lehrer - Graiwer, 4727 Wilshire Boulevard, representing the owners of Vista Valle (aka Indian Valley or Windport Canyon) said that the Council would be considering a proposed settlement agreement regarding an outstanding code enforcement case on the subject property during the closed session and hoped that they would work in a cooperative manner with his clients. ORDINANCE N09 296 - PARKING CITATION ADMINISTRATION (1101 X 1502) Administrative Analyst Otto presented the staff memorandum of December 7, 1993 and the recommendation to INTRODUCE ORDINANCE NO. 296 ESTABLISHING UNIFORM PARKING CITATION PROCESSING PROCEDURES, AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE AND REPEALING ORDINANCE NO. 295U. Councilwoman Brooks moved, seconded by Councilman McTaggart to INTRODUCE ORDINANCE NO. 296 ESTABLISHING UNIFORM PARKING CITATION PROCESSING PROCEDURES, AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE AND REPEALING ORDINANCE NO. 295U. The motion carried on the following roll call vote: CITY COUNCIL MINUTES DECEMBER 71 1993 PAGE 7 AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE ABSTAIN: NONE COMMITTEE & COMMISSION INTERVIEWS (301 X 106) City Clerk Jo Purcell presented the staff memorandum of December 7, 1993 and the recommendation to (1) SET TUESDAY, JANUARY 4, 1993 AT 7:00 P.M. AS THE DATE AND TIME TO INTERVIEW THE CANDIDATES FOR THE PLANNING COMMISSION; SET THURSDAY, JANUARY 6 AT 7:00 P.M. AS THE DATE AND TIME TO INTERVIEW THE APPLICANTS FOR THE TRAFFIC, VIEW RESTORATION AND RECREATION & PARKS COMMITTEES; COMPLETE THE INTERVIEW PROCESS ON SATURDAY, JANUARY 8 BEGINNING AT 9 :00 A.M. (2) SET MONDAY, JANUARY 10, 1994 AS THE DATE OF THE 1ST REGULAR CITY COUNCIL MEETING OF THE MONTH. (3) DEPENDING UPON THE NUMBER OF COUNCILMEMBERS ATTENDING THE LEAGUE LEGISLATIVE MEETING IN SACRAMENTO, DECIDE ON WHETHER TO CANCEL THE JANUARY 18 REGULAR CITY COUNCIL MEETING. Council expressed concern about the dearth of candidates and it was the general consensus that for the Planning Commission recruitment should be extended to December 22. Interviews for the Commission would then take place on January 4, 1994 at 7 :30 P.M. in the Fireside Room at Hesse Park. With regard to the Long Range Finance Committee, Councilman Byrd proposed to draft goals for this committee for consideration by the Council at the next meeting. It was the general consensus to hold the second council meeting of the month on Monday, January 24 and to interview the remainder of the candidates on January 25 at 7:00-P.M. COUNCIL ASSIGNMENTS TO OUTSIDE AGENCIES (301 X 1101) THE CITY CLERK PRESENTED THE STAFF MEMORANDUM OF DECEMBER 7, 1993 AND THE RECOMMENDATION: (1) IF COUNCIL IS PREPARED TO MAKE APPOINTMENTS, SELECT COUNCIL DELEGATE AND ALTERNATE TO THE VARIOUS OUTSIDE COMMITTEES AND ORGANIZATIONS; OR, (2) CONTINUE THE MATTER UNTIL DECEMBER 210 Councilwoman Brooks moved, seconded by Councilman McTaggart to continue this matter to the December 21 meeting. Motion carried. Mayor Kuykendall suggested that councilmembers advise him of their preference for these outside organizations. TIMING OF GEOLOGIC REVIEWS (201 x 310) Stating his opinion that geology be investigated prior to the approval process on tract maps, Councilman Byrd referred to his memorandum on this subject wherein he recommended that staff be directed to prepare a report concerning the timing of geologic investigations as they relate to various types of development with the intent of having the investigations completed prior to an application being deemed complete. Council expressed concern about the affect this process would have on single lot owners, the practicality in this process when design had not been determined, the fact that hydrology issues are frequently involved in this process, and the difficulty in establishing a single set of rules to handle all of these geology problems. CITY COUNCIL MINUTES DECEMBER 7, 1993 PAGE 8 It was the consensus that this should be placed on the Council's Status of Directives with direction to staff to study this matter and to consider doing the geology in stages, and to report back in approximately 30 days. PROPERTY MAINTENANCE (310 x 1801) Alluding to a complaint he had received about property not being maintained, Councilman McTaggart suggested that from time to time staff report on the code enforcement activities being carried out by the City. JOINT CITIES PUBLIC WORKS CONTRACTING (1101 x 1204) City Manager Bussey presented his memorandum of December 7 and the recommendation to authorize the staff to continue with their efforts to develop a joint contracting system for select public works activities as outlined in the staff report. Council discussion of this recommendation focused on concern for knowing who would have control and responsibility of these joint contracts, whether this concept could be extended to purchasing, the drawbacks in such centralized purchasing, and the fact that it was necessary to gain some experience with this process to work out any problems. Councilwoman Brooks moved, seconded by Councilman McTaggart to approve the staff recommendation. Motion carried. STATUS OF DIRECTIVES Council commented on the Adopt -a -Road program and the participation of three local businesses: Admiral Risty Restaurant, Burrell Realty and Aztec Rentals. Council suggested that anybody interested in adopting a section of road for maintenance should contact the Public Works Department. Relative to closed sessions, Roy Fulwider, 28219 Hazelridge Drive, inquired if it was feasible that citizens know the subject of discussion at closed sessions. City Attorney Lynch explained that when closed sessions are held prior to the regular City Council meetings such announcements are made. Additionally, upon the commencement of the regular meetings, a report is also made about the matters discussed at closed session. CLOSED SESSION: Councilwoman Brooks moved to recess to a closed session after adjournment of the Redevelopment Agency meeting. Motion seconded by Councilman McTaggart and carried. RECESS TO CLOSED SESSION: At 9:55 P.M. the meeting recessed to a closed session. (Mayor Kuykendall excused himself from the session). The City Attorney announced that said closed session was being held to discuss People vs. Taylor, et al., G. Thomas Thompson vs. City of Rancho Palos verdes, and to discuss a threat of litigation by the NRDC. CITY COUNCIL MINUTES DECEMBER 71 1993 PAGE 9 RECONVENE AND ADJOURNMENT:: The meeting reconvened at 10:10 P.M. P.M. and immediately adjourned on motion of Councilwoman Lyon. 6C &-,/ MAYOR ATTEST: CLERK a:12 ,793CCM DEC 7 93 CC MINUTES CITY COUNCIL MINUTES DECEMBER 71 1993 PAGE 10