Loading...
CC MINS 19910115M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JANUARY 15, 1991 The meeting was called to order at 7:30 P.M. by Mayor Hinchliffe at the Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BACHARACH, McTAGGART, RYAN AND MAYOR HINCHLIFFE ABSENT: HUGHES Also present were City Manager Paul D. Bussey, Deputy City Manager Mark Rohloff, Environmental Services Director Robert Benard, Public Works Director George Wentz, City Attorney Carol Lynch and City Clerk Jo Purcell. CEREMONIAL MATTER Mayor Hinchliffe presented a proclamation to Mr. Madan Syal in recognition of the celebration of India week. WAIVER OF FULL READINGS Councilwoman Bacharach, moved, ORDINANCES AND RESOLUTIONS seconded by Councilman McTaggart 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 counc-ilmembers after reading of the title of such ordinance or resolution. APPROVAL OF AGENDA Councilman McTaggart moved, seconded by Councilwoman Bacharach and carried to approve the agenda as presented. CONSENT CALENDAR The following items were removed from the consent calendar: minutes of December 18, 1990, Holiday Schedule, Environmental Consulting Services for Moratorium Exclusion No. 7, and the Sea Raven Drive resolution. Councilwoman Bacharach moved, seconded by Councilman McTaggart to approve the remainder of the consent calendar as follows: MINUTES Approved the minutes of December 4, 15, 1990 and January 2 and 8, 1991. DISCONTINUANCE OF REIMBURSE- Discontinued the City policy of MENT POLICY FOR EMPLOYEE reimbursing $100 of the $200 health HEALTH INSURANCE DEDUCTIBLE insurance deductible under the two (902 x 1202) Southern California Joint Powers Insurance Authority preferred discontinued reimbursement of hospitalization expenses under RESOLUTION N0. 91 -01 REGISTER OF DEMANDS provider health insurance plans. Also, up to $300 in employee out -of- pocket these.health insurance plans. Adopted RESOLUTION NO. 91 -01 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. BACHARACH, McTAGGART, RYAN ABSENT: HUGHES RECYCLE DRAWING The Mayor no winner Post cards were then drawn for the mont: AND MAYOR HINCHLIFFE announced that there was for the month of February. h of March* C.U.P. NO. 155 - APPEAL The Mayor opened the public hearing GREEN HILLS MEMORIAL and the City Clerk announced that PARK CEMETERY (1804) notice of the public hearing had been duly published. The staff report was presented by Director Benard and the recommendation was to reopen the public hearing and provide staff with.direction as to any revisions to the previously prepared resolution. Representing Green Hills was John Resich, Jr., 23 Eastfield Drive, Rolling Hills. With the, use of a drawing of the Green Hills Memorial Park, he explained the new layout of the park and in particular the fact that they were now requesting an eight foot set -back in lieu of the previously recommended sixteen foot. This drawing depicted the set -back area and the immediately adjacent roadway as now proposed by the applicant. He explained that the set -back for the expansion of the Pacifica Mausoleum would be reduced to 8 feet and that the remaining set -back along the western boundary for below ground interments would be zero. With the use of a photo -board he showed how houses adjacent to the park would not be effected by the proposed mausoleum height limit of sixteen feet. He requested that the park be allowed to store dirt over night if it was covered. With regard to the type of plantings in the set -back area he requested the use of ,natural flora which would require minimum maintenance and watering. Council inquiries centered on the following aspects of the proposal: if these new conditions had been presented to the'Planning Commission; whether the photo -board had been analyzed to determine any neighborhood view obstruction; the level of intensity of the usage of the road adjacent to the set -back: and, if the sixteen foot structure could be lowered. Additional discussion ensued regarding -2- JANUARY 15, 1991 the type of roof that would be on this structure and clarification of the requirement that the cement colored earth tones-would be subject to acceptance by the City. Rodman Small, 2110 Palos Verdes Dr. North, representing the Vista Verde Homeowners Association, told the Council that most of their concerns had been addressed, however, they were concerned about dust resulting from any bare areas and about the eight foot set -back now being proposed. He asked if it would be possible that the property in front of the Vista Verde area have a sixteen foot setback. Booth Tarkington, 1902 Peninsula Verde Drive, inquired why the set- back would not be kept at sixteen feet and if it would be possible in the future for Green Hills to build within that setback. He further inquired about the eight foot to ten foot pile of dirt that has been in his view for approximately two months. RECESS AND RECONVENE At 10:00 P.M. the Mayor announced a recess. The meeting reconvened at 10:05 P.M. Council then proceeded to review and clarify the modifications requested by the applicant: maintenance of a sixteen foot setback from the residences would apply to the areas along the north and south boundaries, requirement that the City be involved in the type of landscaping used in the setback area;.approval of condition No. 21 as presented by the applicant; that a view analysis be performed to see if the mausoleum could be lowered; that expansion of the Pacifica Mausoleum be subject to the approval of the Director of Environmental Services; and, that temporary or short term storage of dirt require a tarp and be limited to 24 hours. Councilman Ryan moved, seconded by Councilman McTaggart and carried to continue this public hearing to February 19th. It was the consensus that the homeowner associations who have an interest in this subject should be informed of the continued public hearing date. AUDIENCE QUESTIONS Responding to the Mayor's call for audience questions for items not on the agenda was Luella Wike, 29172 Oceanridge Dr., who said that on behalf of constituents and many citizens of Rancho Palos Verdes she .was presenting Councilman McTaggart with a gift of appreciation for his services to the City. Lois Larue, 3136 Barkentine Rd., expressed concern about the density of the proposed Kajima and Marifuji projects. MORATORIUM EXCLUSION NO. 7 - Director Benard presented the staff ENVIRONMENTAL CONSULTING report and the recommendation to SERVICES (1801) authorize the Mayor and City Clerk to execute a contract with The Planning Center to provide environmental consulting services to the City for -3- JANUARY 15, 1991 preparation of an Environmental Impact Report for Moratorium Exclusion No. 7. Discussion then centered on the following: if this Environmental Impact Report could be focused on the geological aspects of the area involved; what would happen in the case of the City requiring a lot of geological information and then having to deny the project; if refusal of the project would subject the City to inverse condemnation charges; and, the fact that this E.I.R. did not grant an entitlement to the applicant insofar as the project is concerned. Kay Bara, 1 Peppertree, requested that the process be defined and inquired about the proposed time —frame for public input into this request. Dr. Chris Manning, 14 Crest Road, Rolling Hills, stated that he owns property at 29438 Quailwood. He quoted from a October 3, 1990 letter from Dr. Perry Ehlig regarding the criteria for removal of land from the moratorium landslide area. He requested that the City perform an unbiased geology study and that proper balance be kept so the facts are presented fairly. He requested that the City have an independent counsel for this geology study. Lois Larue, 3136 Barkentine Rd., stated that her objections to building in that area and she referred to the Kowalewsay geology report recommending no building on the site. She also objected to the appointment of Dr. Perry Ehlig as the Chairman of the Geological Appeals Board. Aaron Landon, 34 Santa Barbara Dr., representing the Island View Homeowners Association, said that his association was concerned about this exemption and that they are opposed to any building in the moratorium area. He said the association felt that development in, that area would be a threat to their homes and that.the association would like indemnification insurance of any land movement from the developer for a period of ten years. Cathy Manning, 14 Crest Rd., said she owns property'at 29438 Quailwood Dr. She asked that the City get the advice of land use experts before proceeding with any project in this area She questioned whether Mr. Hon had normal property rights in view of the type of land that he bought and asked that the City Council get special counsel on the liability involved in this project. She questioned why the City would proceed on this and why it should not be denied considering the geology. Richard Bara, 1 Peppertree, inquired about the status of the Coastal Ridge Zoning study and about re- zoning the whole area RS A5 or RS A2. In response, staff said that this matter would be incorporated into the discussion and review of the Development Code that is currently underway. -4- JANUARY 15, 1991 Michael Mohler, 25200 La Paz, Laguna Hills, representing the Palos Verdes Land Holdings Co., spoke in favor of a full environmental impact report and said that under the CEQA guidelines that they are entitled to such a report. He said that they have received the Kowalewsky geology report and are analyzing it. He further stated that they have spent $1.4 million analyzing the site, they are obtaining data and are doing what the City has requested of them. Councilwoman Bacharach's motion to authorize an initial focused E.I.R. with the understanding that it brought back to the Council for consideration died for a lack of a second. Mayor Hinchliffe moved, seconded by Councilman Ryan to adopt the staff recommendation. The motion carried on a 3 -1 -0 vote with Councilwoman Bacharach voting in opposition (Councilman Hughes absent). LEGISLATION - .REPEAL OF Assistant to the City Manager Pam SB2557 (306) Antil, presented the staff memorandum of January 15th and the recommendation to authorize the staff to notify appropriate state and county officials of the Council's position on legislation that is to be introduced by the League of California Cities to repeal SB 2557 by freezing the motor vehicle in lieu schedule for one additional year. Council comments then centered on the effect of the new state budget on this proposal-and how it would effect the League's strategy; whether this is an appropriate bill for the City to support; and, if the cost to the residents was disproportionate to the amount that would be saved by the City and if this was an acceptable trade -off. Councilwoman Bacharach moved, seconded by Mayor Hinchliffe to support the repeal SB 2557 with the understanding that the State should not balance the budget by taking from the County and then have the County charging the cities. The motion carried unanimously. After additional discussion, Councilman Ryan moved, seconded by Mayor Hinchliffe to oppose as a solution the imposition of the third year freeze on motor vehicle in -lieu fees. The motion carried on a 3 -1. vote with Councilwoman Bacharach voting in opposition. After additional discussion it was the consensus to place this issue on the next agenda. COMMUNITY LEADER BREAKFAST Assistant to City Manager Pam (307) Antil, presented the staff memorandum and the recommendation that the City Council establish Saturday, February 23, 1991 Madera Linda) or Saturday, March 2, 1991 (Hesse Park or Ladera Linda) as the next date for the Community Leader's Breakfast. Councilwoman Bacharach moved, seconded by Councilman Ryan to hold the Community Leader Breakfast on Saturday, March 2, 1991 at Hesse Park. -5- JANUARY 15, 1991 The motion carried unanimously. LOAN AGREEMENT BETWEEN THE Councilman Ryan moved, seconded by CITY - FUNDS ADVANCED PRIOR Councilwoman Bacharach to approve TO JUNE 30, 1990 (602 x 1801) the staff recommendation to authorize the Mayor and.City Clerk to execute the Loan Agreement between the City of Rancho Palos Verdes and the Rancho Palos Verdes Redevelopment Agency for funds advanced to the Agency through June 30,. 1990. The motion carried on the following roll call vote: AYES BACHARACH, McTAGGART AND RYAN. ABSTAIN: MAYOR HINCHLIFFE ABSENT: HUGHES LOAN AGREEMENT BETWEEN CITY Councilman Ryan moved, seconded AND REDEVELOPMENT AGENCY FOR by Councilwoman Bacharach and carried FY 1990 -91 (1801) to table this issue. DEVELOPMENT CODE AMENDMENT Director of Environmental Services PROCEDURES (1801) Benard presented the staff memorandum and the recommendation to direct staff to investigate alternate Development Code amendment procedures for the view restoration process. Responding to the Council's inquiry about the creation of another Planning Commission, the City Attorney opined that the Council could create a Planning Commission to deal with specific issues and that for view restoration issues the View Restoration Committee would be the appropriate board. Representing the View Restoration Committee was its Chairman Larry Clark, 3354 Corinna, who requested that the Committee be given the jurisdiction to take the necessary steps to hold public hearings for this amendment. He told the Council that the Committee is in agreement.with the staff recommendation. Council discussion then clarified the procedure that would be taken with this proposed amendment which had been scheduled for a public hearing before the Planning Commission. Additional discussion followed regarding the fact that this would be the only part of the Development Code that the Planning Commission did not have jurisdiction over and whether they had the necessary background on the subject to hold such jurisdiction. Councilwoman Bacharach moved, seconded by Councilman Ryan to proceed with this amendment concurrent with the public hearing scheduled to be held by the Planning Commission, additionally., that the City Attorney prepare an ordinance giving the View Restoration Commission the authority to hold public hearings and make recommendations to the City Council on changes to View Restoration ordinances. The motion carried on the following roll call vote: -6- JANUARY 15, 1991 AYES: BACHARACH, McTAGGART AND RYAN NOES: MAYOR HINCHLIFFE ABSENT: HUGHES A brief discussion then ensued about holding a Council workshop with the View Restoration Committee and the .appropriate time to hold such a meeting. It was the consensus that the City Manager would discuss this with the chairman of the View Restoration Committee and report back to Council. It was also the consensus that the City Attorney should prepare an ordinance giving the View Restoration Committee jurisdiction over this development code procedure. CITY COUNCIL COMMITTEE -ASSIGNMENTS: With the concurrence of the City Council, Mayor Hinchliffe made the following assignments. OUTSIDE COMMITTEES CITY SELECTION LEAGUE OF CA. CITIES SANITATION DISTRICT SCAG SO. BAY CORRIDOR SCJPIA SO. BAY CITIES ASSOC. CONTRACT CITIES WEST BASIN WATER DIST.. JUVENILE DIVERSION SANTA MONICA BAY CABLE TV JPA DIAL -A -RIDE JPA MAX JPA STANDING SUBCOMMITTEES SCHOOL LIAISON REGIONAL SHERIFF LANDSLIDE REFUSE /RECYCLING SPECIAL PURPOSE COMMITTEES COASTAL DEVELOPMENT ART IN PUBLIC PLACES EMERGENCY PREPAREDNESS BUDGET DEFICIT POLICY HANDBOOK DELEGATE /ALTERNATE HINCHLIFFE /BACHARACH HINCHLIFFE /BACHARACH HINCHLIFFE /BACHARACH BACHARACH /McTAGGART HUGHES /BACHARACH RYAN /McTAGGART BACHARACH /HUGHES RYAN /McTAGGART RYAN /McTAGGART HINCHLIFFE /McTAGGART BACHARACH /HUGHES HUGHES /BACHARACH BACHARACH /McTAGGART BACHARACH /McTAGGART MEMBERS BACHARACH /HINCHLIFFE HUGHES /McTAGGART HUGHES /McTAGGART RYAN /BACHARACH MEMBERS RYAN /HINCHLIFFE BACHARACH /HINCHLIFFE HUGHES /McTAGGART RYAN /BACHARACH HUGHES /BACHARACH Lois Larue, 3136 Barkentine Rd., questioned why certain members of Council were assigned more committees than others. MINUTES OF DECEMBER 18, 1991 The minutes of December 18th page 4, -7- JANUARY 15, 1991 were amended as follows to reflect a correction to the motion pertaining to the AYSO Soccer fee exemption "Councilman -Ryan moved, seconded by Councilwoman Bacharach that this matter be referred to staff for consideration of some alternative arrangements." The minutes as amended were approved:on motion of Councilwoman Bacharach, seconded by Mayor Hinchliffe and carried with no objection. 1991 HOLIDAY'SCHEDULE The staff memorandum of-January 15th (1282) was presented by Deputy City Manager Mark Rohloff. The recommendation was that the City Council adopt the proposed holiday schedule for the 1991 calendar year. After discussion of the use of the floating holidays and how they could be assigned to various holidays throughout the year, Councilman Ryan moved, seconded by Councilman McTaggart to amend the proposed holiday schedule by allowing a full- day off on December 24th. Upon a Council inquiry about whether Councilman Ryan could vote on this particular item, the City Attorney opined that this was a general policy applying to all personnel and that no conflict existed -. The motion carried on the following roll call vote: AYES: BACHARACH, McTAGGART, RYAN AND MAYOR HINCHLIFFE ABSENT: HUGHES VACATION OF SEA RAVEN DRIVE Public Works Director-Wentz presented (1408) the staff memorandum and the - recommendation to adopt a resolution declaring the City's intent to vacate a portion of Sea Raven Drive. It was the consensus that the public hearing on Sea Raven should be. changed to February 5, 1991. RESOLUTION No. 91 -02 DECLARING THE CITY'S INTENTION TO VACATE SEA RAVEN DRIVE FROM HEROIC DRIVE TO THE CUL -DE -SAC AND AMENDING RESOLUTION NO. 90 -49 was presented by title and adopted on motion of Councilwoman Bacharach, seconded by Councilman Ryan and carried. CITY COUNCIL DIRECTIVES: Council requested that the Long Range Transportation be added to the list of directives. ADJOURNMENT At 12:45 A.M. the meeting adjourned on motion of Councilman.McTaggart and carried. AYOR pr -$- JANUARY 15, 1991