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CC MINS 19920616M I NU T E S RANCHO PALOS V CITY COUNCIL REGUI�IR FLEETING JUNE 16, 1992 The meeting was called to order at 7 :00 P.M. by Mayor McTaggart at the Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BROOKS, RYAN, KUYKENDALL, BACHARACH AND MAYOR McTAGGART Also present were City Manager Paul Bussey, Deputy City Manager Mark Rohloff, Assistant to the City Manager Pamela Antil, Finance Officer Brent Mattingly, Environmental Services Director Dudley Onderdonk, Senior Planner Carolynn Petru, Public Works Director Trent Pulliam, and City Clerk Jo Purcell. APPROVAL OF AGENDA Councilman Kuykendall moved, seconded by Councilwoman Brooks to approve the agenda. The motion carried. CONSENT CALENDAR Councilwoman Brooks moved, seconded by Councilman Kuykendall to approve the consent calendar as presented. The motion carried. 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. MINUTES Approved the minutes of April 7, May 19, and June 3, 1992. PROPOSITION "C" FOCAL RETU IONS - (1505 ) Authorized the Mayor and City Clerk to sign the Assurances and Understandings regarding receipt and issue of Proposition "C" Funds. CUSTODIAL SERVICES - FISCAL YEAR 1992 -93 (1204 X 1201) Awarded the contract to Metro Building Maintenance at a cost not to exceed $40,920. RECYCLING GRANTS (1301) Awarded A $3,000 recycling grant to the Monaco Homeowners Assoc. contingent upon compliance with Public Works specifications. PENINSULA PARK & OPEN SPACE SURVEY (1201) x (3 0 5 ) Authorized financial participation in a Park and Open Space survey in the amount of $1,125. PALOS V DRIVE EAST /CROWNVIEW CROSSWALK (1404) Authorized the removal of the crosswalk at Palos Verdes Drive East at Crownview. CITY ATTORNEY ATl'SNDANCE - PLANNING COMMISSION MEETING (1203 ) Authorized the Assistant City Attorney's presence at the June 30th Planning Commission hearing on the proposed housing element. NOTICE OF PUBLIC HEARING - ANNUAL FEE RESOLUTION (602) Set June 30th as the date for a Public Hearing to consider User Fees to be charged for the 1992 -93 fiscal year and directed staff to publish the Notice of Public Hearing. RESOLUTION NO. 92 -58 - REGISTER OF S Adopted RESOLUTION N0. 92 -58 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: BROOKS, RYAN, KUYKENDALL, BACHARACH AND MAYOR McTAGGART NOES: NONE SPECIAL REPORTS: COASTAL COMISSION APPEAL Mayor McTaggart reported that the cost to the City for the appeal on the H . M . D . I . project was $16,000 and that the Coastal Commission found no substantial issue. Council discussed the cost of these coastal permit appeals and the suggestion was made that perhaps the City should request that fees be imposed on coastal appeals the same as any other appeal issue. Speaking relative to this issue was Lois Larue, 3136 Barkentine Rd., who presented a letter she had written to Governor Pete Wilson relative to the H.M.D.I. Coastal Commission Appeal hearing. CURRENT STATE BUDGET ACTION Deputy City Manager Rohlof f presented the June 16th staff report on current State budget action as it relates to cities and direct staff to continue monitoring the situation. Mr. Rohlof f explained the assumptions used in revenue projections for fiscal year 92 -93. These projections included a continuation of the vehicle license fees revenue, the "No /low" property tax revenue, and continued revenue from sales of property tax. He noted, however, that with a projected State budget deficit ranging anywhere from $6 -$11 billion, the State has assigned a joint Assembly /Senate Committee to look for ways in which revenues which currently go to cities could be redirected to the State. The impact on the the City's 92 -93 budget could be a reduction as much as $2.3 million. Council briefly discussed that the State Legislature is rewriting local government financing laws and that these changes will make it necessary for county and local governments to raise taxes. Council urged that residents write to their Assemblymen and State Senator stating their objections to these reductions in local funding. Councilwoman Bacharach moved, seconded by Councilwoman Brooks to write a letter to the League of California Cities requesting that they work with counties and school board associations to develop an initiative for a permanent guaranteed source of funding for local government. The suggestion was made that perhaps this should also be presented as a 2 JUNE 16, 1992 resolution at the League Conference. GRADING APPLICATION N0. 1390 - APPEAL - FORRESTAL (1411) The Mayor opened the public hearing on this grading appeal and addendum to the Final Supplemental Environmental Impact Report. The City Clerk reported that notice of the public hearing had been duly published and that all correspondence received by the City had been forwarded to the City Council in the agenda package. Dudley Onderdonk, Director of Environmental Services presented the June lb , 1992 staff memorandum and the recommendation to: 1) Review and accept the Addendum to the Final Supplemental Environmental Impact Report (FSEIR) as complete and ready for certification and 2 ) 'Review and approve the revised draft conditions of approval. Joel Rojas, Associate Planner read a summary on the actions of the City Council relative to this project: This item was last heard by the City Council on February 18, 1992, at.which time the Council took the following actions: 1) Conceptually approved a revised remedial grading plan which involved trimming back the existing quarry slope at variable gradients of 3/4:1, 1 :1 and 1.5:1 to reduce grading quantities and preserve the visual character of the quarry slope, 2. Limited the amount of fill exportation into the quarry bowl to 80,000 cubic yards resulting in approximately 120,000 cubic yards of off -site export,, 3. Directed staff to prepare an Addendum to the Final Suplemental EIR which analyzes the environmental impacts of the revised grading project and the geotechnical concerns expressed by the Seaview Homeowners Association in their appeal of grading application No. 1390, and 4. Directed staff to prepare revised conditions of approval. In accordance to the Council action of February 18, 1992, the Addendum to the Final Supplemental EIR was prepared and concluded the following: 1. Based on an independent geotechnical review, the proposed quarry slope trimming and revised quarry bowl fill, with conditions, would result in acceptable factors of safety (including under seismic conditions). In summary, no significant adverse Geotechnical Impacts would result after mitigation, 2. Increased erosion and drainage maintenance resulting from the steeper quarry slopes could be mitigated to a level of insignificance, 3. Biological resource impacts would be reduced as sensitive and protected vegetation in the quarry bowl would be avoided, however short term noise impacts would increase because of the off -site export hauling, and 4. Based on an independent geotechnical review, all of the Seaview Homeowners Association concerns have been adequately addressed and the recommendations and conclusions of the grading plan are appropriate and reasonable. As a result, staff recommended that the Council review and accept the Addendum to the Final Supplemental .EIR as complete and ready for certification and review and approve the revised draft conditions of approval that had been prepared by 3 JUNE lb, 1992 staff . Mr. Rojas went on to say that the City Attorney has reviewed and revised the draft conditions of approval. As a result, revised replacement conditions had been distributed for Council review. Of special note, was new language relating to cost responsibility added to condition Nos. 10 and 11 on page 18, and, No. 7 on Page 23. In addition, comments on the revised project received by fax from the United States Fish & Wildlife Service had also been distributed. Representing the developer was Paul Lukes, who summarized the changes made to this project as a result of the City Council's direction of February 18, 1992. Comments between Mr. Lukes and the City Council centered on clarification of access to the soccer field; if the developer had looked at alternatives for placement of the dirt; the cost for exporting the dirt; if the developer would be willing to contribute funds for road maintenance; clarification of the geology of the area; and, the amount of fill involved in the proposed grading scenario. Speaking in opposition to this project were the following: Lois Larue, 3136 Barkentine Rd . ; Sunshine, 6 Limetree Lane; Martin Byhower, 26800 S. Academy Dr., representing the Palos Verdes Audubon Society; Elizabeth Kelly, 6611 Vallon Dr.; and, Angelika Brinkmann -Busi, 1354 Stonewood Court, San Pedro. The concerns of these speakers centered on changing the characteristic of the quarry bowl, endangerment of the wildlife that exist in the area; concern about the effects this construction would have on other structures in the general vicinity; and, the possible eradication of some native flora. Councilwoman Brooks moved, seconded by Councilman Kuykendall to close the public hearing. Motion carried. Council discussion then centered on the clarification of any additional environmental impact review; the differences in the effects of filling the entire bowl versus the effects of minimum fill; the logic in fencing off the quarry bowl; whether it would be possible to approve this project conceptually and deal with the land use at the next meeting when staff could come back with additional information concerning the export of dirt; and, if the City faced any liability by not fencing off the quarry bowl area and simply installing signage warning people of the hazards of the area. Councilwoman Brooks moved, seconded by Councilwoman Bacharach to conceptually approve the project and explore the possibility of putting some of the fill on the school district site and also the amount that would go into it. The motion carried on a 3 -2 vote with Councilman Ryan and Kuykendall voting in opposition. Councilwoman Brooks moved, seconded by Mayor McTaggart to explore filling of the quarry bowl so that the grading is balanced on the site. The motion failed on a 3 -2 vote with Councilmember Bacharach, Kuykendall and Ryan voting in opposition. Councilwoman Bacharach moved, seconded by Councilman Ryan to deny the project. The motion failed on a 3 -2 vote with Mayor McTaggart, Councilman Kuykendall and Councilwoman Brooks voting in opposition. Councilwoman Brooks moved, seconded by Councilman Kuykendall to adopt the staff recommendation. The motion failed on a 3 -2 vote with Councilmembers Ryan, Bacharach and Mayor McTaggart voting in opposition. Councilman Kuykendall's motion to approve the project with no more then 95,000 cubic yards in the quarry bowl and the balance on site using nobody else's property died for lack of a second. 4 JUNE 16, 1992 Councilwoman Brooks motion to approve the project conceptually pending additional analysis died for lack of a second. Council then briefly discussed whether additional study should be done on allowing no more then 95,000 cubic yards of fill and pending study of the environmental effects of using the balance of the fill on site. Councilwoman Bacharach moved, seconded by Councilman Ryan to maintain the natural topography of the slope and preserve access, address concerns regarding hydrology; protect the environmentally sensitive areas with a minimum of export. The motion carried on the following roll call vote: AYES: BROOKS, RYAN, KUYKENDALL, BACHARACH AND MAYOR MCTAGGART NOES: NONE RECESS At 9:12 P.M. the Mayor declared a recess. At 9:25 P.M. the meeting reconvened. DRI X QUENT REFUSE ACCOUNTS (1301) Mayor McTaggart opened the public hearing on this matter pursuant to the City's agreement with Waste Management of Gardena and Ivy Rubbish Disposal which provides that refuse collection is mandatory service in the City. The agreement requires that if any occupant ( if different than the owner) of the property fails to pay all the fees such that they become delinquent, then the owner of such residence is responsible for payment of all refuse fees and charges, including any delinquency. The City Clerk reported that notice of public hearing had been duly published and that all of the protest letters had been presented to the City Council. Finance Officer Brent Mattingly presented the staff memorandum of June 16th and the following recommendations: 1) Adopt the proposed resolution; and, 2) direct staff to submit delinquent accounts that have not been paid by June 30, 1992 to the L.A. County Auditor /Controller for inclusion on the 1992 -93 tax roll, as well as impose liens on said properties with the L.A. County Recorder. Speaking in opposition to the collection of these delinquent accounts were the following: Glenda'Urmacher, owning property at 28039 Ella Rd., who said that the house had been vacant for over a year and she has utility bills to substantiate its vacancy. James Lawrence, owning property at 5259 Silver Arrow, told the Council that his tenant did not pay the rent and that this was the first notification of delinquency; he stated that the property owner should receive earlier notification* Gisela Ulman , owning property at 5504 Bay ridge , told the Council that they moved out of the house in November 1990 and that they called Western Waste and asked for a refund because their account had been paid in advance for the entire year. She said that nobody has lived in the house since November of 1990. Lois and Fred Hendricks, owning property at 6320 Tarragon Rd., said that they have not had trash pick -up at their home for the past 3 or 4 years and that they dispose of their trash elsewhere. Alan Block, owning property at 28456 Cedarbluff, told the Council that the property has been vacant for 7 months and that it has not required any trash collection services. Colman & Lydia Matayas, owning property at 5536 Ironwood St., stated that they 5 JUNE 16, 1992 dispose of their trash elsewhere and that the Ironwood property has been vacant for one year. Frederick Boettcher, owning property at 2810 Colt Rd., told the Council that he sold the property in February 1992 and that the house has been vacant since that date. Alexander Bruce, owning property at 4105 Miraleste Dr., told the Council that the property has.been vacant for 3 years. Councilwoman Brooks moved, seconded by Councilwoman Bacharach to close the public hearing. Motion carried. Representing Waste Management was Craig Young, who responded to Council's inquiry about his company ' s efforts in notifying the property owners of these delinquent bills. He said that his company goes to the Assessor's Office in May of each year to verify property ownership. Council expressed concern for the length of time that it took to pursue collection of these bills. Councilman Kuykendall's motion to defer putting any of these bills on the property tax rolls and sending the list to Waste Management for them to collect died for a lack of a second. Councilwoman Brooks moved, seconded by Councilwoman Bacharach to approve in principle the temporary discontinuance of trash service under specific circumstances and direct staff to work with subcommittee to work out these conditions as well as amend the City code and the franchise agreement for consideration by the City Council. The motion carried on the following roll call vote. AYES: BROOKS, RYAN, KUYKENDALL, BACHARACH AND MAYOR NcTAGGART NOES: NONE Councilwoman Bacharach moved, seconded by Councilwoman Brooks to reduce the delinquent assessment to three months in cases where people have utility bills proving that the property has been vacant; and that the administrative fee be reduced to $25; and, that the City would not be the collection agency for any period longer than one quarter. The motion carried on the following roll call vote: AYES: BROOKS, RYAN, KUYKENDALL, BACHARACH AND MAYOR McTAGGART NOES: NONE Councilman Ryan moved, seconded by Councilman Kuykendall to continue the public hearing to July 7th. The motion carried. A brief discussion ensued relative to the appropriateness of reopening the franchise agreement. RECYCLE LOTTERY The Mayor announced that Edward W. Herro, 7147 Avenida Altisma was the winner of the recycle award for the month of July. RESOLUTION NO. 92 -59 - VARIANCE NO. 317 (1804) The Mayor opened the public hearing on this code enforcement action initiated against the subject property on May 14, 1991. The City Clerk reported that notice of the hearing had been duly published. 6 JUNE 16, 1992 Kim Klopfenstein, Assistant Planner, presented the staff memorandum of June 16th and the recommendation to deny the appeal, thereby requiring the landowner to re- convert the garage or initiate construction a new garage in the in- direct driveway area to provide two enclosed parking spaces within 90 days of this action. Robert Chagnovich, 27 841 S. Western Ave . , the appellant in this matter, told the Council that he bought the property 27 years ago; that the garage has been used as sales office for the tract; and, that it was in this finished condition when he purchased the property. He said that there have been no problems with parking in that area and no complaints from the neighbors. He cited the fact that the house was built in 1959 and at that time did not require a two -car garage. He said that he should be allowed to keep this room. Council inquiries of Mr. Chagnovich centered on whether he had considered any alternatives for locating a garage on his property. Robert Katherman, Chairman of the Planning Commission, responding to Council's inquiry stated that the property owner had testified at the Commission meeting that the garage door was operable at the time of purchase of the house. Councilman Kuykendall moved, seconded by Councilwoman Brooks to adopt the staff recommendation and Resolution No. 92 -59 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL OF VARIANCE NO, 317 FOR THE EXISTING CONVERSION OF A GARAGE TO HABITABLE SPACE AT 27841 WESTERN AVENUE. The motion carried on a 4 -1 vote with Councilman Ryan voting in opposition. RESOLUTION NO. 92 -60 - VARIANCE NO. 325 (1804) Mayor McTaggart opened the public hearing on this request to alter the existing driveway approach and garage entry. The City Clerk reported that notice of the hearing had been duly published. Fabio de Freitas, Assistant Planner, presented the staff memorandum of June 16th and the recommendation to deny the applicant's appeal of Variance No. 325 thereby upholding the Planning Commission's decision to deny the request to allow the conversion of the existing indirect access driveway /garage, into a direct access driveway /garage which would result in a driveway length of ten feet. (At 11:07 P.M. Councilman Ryan left the Council Chambers.) Council briefly discussed the issue of how the applicant received approval from the Public Works Dept. to install this curb cut while having a permit being reviewed by the Environmental.Services Department. The applicant in this matter Gary Rinzler, M.D. , told the Council that the thrust of this action was to replace the blacktop driveway so he could gain a play yard area in the front of his property. Also that this would enable him to install a wall to prevent damage from any run away car. He said that these changes would improve the appearance of the property and cited other homes in the area that had direct access driveways. He requested that Council consider this unusual situation and make an exception. Councilwoman Brooks moved, seconded by Councilman Kuykendall to close the public hearing. (At 11:24 P.M. Councilman Ryan returned to the Council Chambers.) Councilwoman Brooks moved, seconded by Councilman Kuykendall to adopt the staff recommendation and adopt Resolution No, 92 -60 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL OF VARIANCE NO. 325, THEREBY UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY THE REQUEST TO ALLOW THE CONVERSION OF AN 7 JUNE 16, 1992 INDIRECT ACCESS GARAGE /DRIVEWAY INTO A DIRECT ACCESS GARAGE /DRIVEWAY AT 28105 GOLDEN MEADOW DRIVE. The motion carried on a 4 -0 -1 vote with Councilman Ryan abstaining. VIEW RESTORATION CONKITl`ER (1806 ) Senior Planner Carolynn Petru presented the staff memorandum of June 16th and the recommendation to review the proposal from the View Restoration Committee and set a date for a joint workshop with the Committee. (At 11:32 P.M. Councilwoman Bacharach left the Council Chambers.) Paul Weisz, Chairman of the View Restoration Committee told the Council that he did not have any addition to the Committee's report as presented in the agenda package. He said the Committee would appreciate getting Council's reaction to their report and also having a meeting with the City Council. (At 11:35 P.M. Councilwoman Bacharach returned.to the Council's Chambers.) Council discussed if it was necessary to have a joint meeting with the Committee and reached the consensus that the City Attorney should review the Committee's report and prepare a con f ident is 1 memorandum addressing the issue of restoration versus preservation and other appropriate issues. JOINT MEETING WITH FLAMING CONKISSION (1203 ) Council set 5:30 P.M. on July 7th as the date to hold a joint session with the Planning Commission. ADJOURNME T : At 11:50 P.M. the Council adjourned to Monday, June 22, 1992 at 6:00 P.M. interview candidates for the Finance Committee and f9r., a Budget Work Session ATTEST: CITY CLERK C061692 8 JUNE 16, 1992 to