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CC MINS 19910219M,I.NUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FEBRUARY 19, 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 LATE ARRIVAL: HUGHES C 7:33 P.M. A4 so 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, City Clerk Jo Purcell., and Assistant to the City Manager Pamela Antil. WAIVER OF FULL READINGS - ORDINANCES AND.RESOLUTIONS and resolutions adopted at reading deemed to be given title. Councilwoman Bacharach moved, seconded by. Councilman McTaggart and carried to .waive reading in full of all ordinances this meeting -with consent to the waiver of by all councilmembers after reading of the APPROVAL OF AGENDA Councilwoman Bacharach moved, - seconded by Councilman McTaggart and carried to approve the agenda as. presented. CONSENT CALENDAR- The f o l lowing items were removed from the Consent Calendar: A resolution regarding operation Desert Storm, -the recruitment for the View Restoration Committee, and Warrant No. 1685 (CMANC) from the Register of Demands. MINUTES Approved the minutes of February 5, 1991. AGREEMENT FOR DISPLAY Authorized the Mayor and City Clerk to OF VADERLIP MODELS (1201) execute the proposed agreement with the Rancho De Los Palos Verdes Historical Society for the continued display of the Vanderlip models. ACCEPTANCE OF.THE CITYWIDE (1) Accepted as completed the Citywide SIGN UPGRADE PROJECT A 1404) sign upgrade project in the amount of $124,570. (2) Directed the City Clerk to file a Notice .of Completion and to notify the surety to exonerate the contract bonds. (3) Directed the Finance Director to release the retention if-no claims are filed against -the contractor during the allowable time period. GRAND JURY ECONOMY Approved the proposed letter signed by EFFICIENCY AND ENVIRONMENT the Mayor and sent to the presiding judge COMMITTEE (1244 x 1405) of the Superior Court as provided for in Section 933(c) of the Penal Code. RESOLUTION NO. 91 -4 Adopted RESOLUTION N0. 91 -4 AMENDING BUDGET ADJUSTMENT - CABLE RESOLUTION NO. 90 -53, THE BUDGET TV FUND (602 x 605) APPROPRIATION FOR FISCAL YEAR 1990 -910 (AMENDMENT F) RESOLUTION NO. 91 -5 Adopted RESOLUTION NO. 91 -5 ALLOWING REGISTER OF DEMANDS CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. The motion to approve the amended Consent Calendar carried on the following roll call- vote: AYES: BACHARACH, HUGHES, McTAGGART, RYAN AND MAYOR HINCHLIFFE RECYCLE LOTTERY DRAFTING Mayor Hinchliffe announced the winner of the recycle lottery drawing for the month of January and cards.were then drawn for the months of February and March. ITEMS REMOVED FROM THE CONSENT CALENDAR: RESOLUTION NO. 91 -6 - RESOLUTION NO. 91 -6 OF THE CITY COUNCIL OPERATION DESERT STORM OF THE CITY OF RANCHO PALOS.VERDES (310) SUPPORTING THE UNITED STATES ARMED FORCES ENGAGED IN OPERATION DESERT STORM was presented by title and adopted on motion of Councilwoman Bacharach, seconded by Councilman.Hughes and carried. VIEW RESTORATION COMMITTEE Speaking to .this issue was . Mr . John VACANCIES (180.1) Sharkey, 30320 Avenida de Calma, who presented a prepared statement which stated that all of the 17 applications decided by the Committee had been found in favor of the applicant and against the foliage owner. He stated that the vacancies. that now exist on the committee should r be filled with people who do not have a view thus giving the committee a better balance. Council-requested that they be given the geographical location of the applicants for the committee and also f or the-present committee members It was the consensus that of the two remaining alternates on the committee one would be- moved up to -the position of regular voting member. Councilman Hughes moved, seconded by Councilman McTaggart to adopt the staff recommendation and authorize staff to start the recruitment process to fill the two vacancies on the View Restoration Committee. -2- FEBRUARY 19, 1991 PALOS VERDES RECYCLING Assistant.to the City Manager Pam Antil (1301) presented the staff memorandum and the - recommendation to consider making a pledge not to exceed $5,000 from'-the Recycling Fund to continue efforts to keep the Palos Verdes Recycl-ing-Center open. Mayor Hugh Muller of the City of Rolling Hills Estates requested that the City support the moving of-the Recycling Center. He stated that the residents who live close to. the center are in favor of this move and that his City at the next Sanitation District meeting is going to request that it be .relocated. He-requested that the City lend its financial support-to cover some of -the moving costs. Council inquired whether the new facility would have space for green waste and commented on the fact that the City's contribution would be coming from the recycling fund that'is subsidized by the residents' participation in the Recycling - Program. Councilwoman Bacharach moved,.seconded by Councilman Hughes to approve a pledge not to exceed $5,000 to help relocate the Recycling Center. The motion carried on the-following roll-call vote:. AYES: BACHARACH, HUGHES, MCTAGGART, RYAN AND MAYOR HINCHLIFFE PUBLIC HEARINGS:. RESOLUTION NO. 91..7 C.U.P. NO. 155 - GREEN- HILLS MEMORIAL CEMETERY (1804) The-Mayor opened the public hearing and the City Clerk announced that notice of the public hearing had been duly published The staff report was-presented by Director Benard and the recommendation.was to adopt a resolution sustaining the appeal and approving Conditional Use Permit No. 155, Variance No. 262 and Grading Permit No. 1442 and issuing a Final Negative Declaration for the Master Plan for development of Green.Hills Memorial Park Cemeter=y. With the use of a drawing of the area Mr. Benard explained the location and approximate footprints of the roads, the mausoleums, and the garden walls. Representing Green Hills was John J. Resich, 23 Eastfield Drive, Rolling Hills, who explained that he met with residents of the community on numerous.occasions and that compromises on the major areas of concern were reached at those meetings. He said that the residents were agreeable to the plan as presented. He then explained the changes made to mitigate the conditions that concerned the residents particularly with regard to providing a buffer between the road and the homes. Booth Tarkington, 1902 Peninsula Verde Dr., expressed his gratitude -3- FEBRUARY 19, 1991 to Mr. Resich and the staff in accomplishing the compromises reached on design and location within the park. He did, however,'express concern about the crest of land that has been built up during recent years and said it would eventually effect views. He requested a condition be imposed to remove this crest. Mike McClung, 1896 Peninsula Verde Dr., presented a written statement which contained the basis of agreement between the homeowners and the cemetery. (Mr.,McClung's statement is on file.with the City Clerk's off ice . ,) Council then, discussed the various elements of the proposed park design and in particular several of the conditions dealing with setbacks listed in the exhibit to the proposed resolution. It -was the consensus that this item be continued until after the. 9:80 P.M. recess to allow staff and the City Attorney enough time to clarify the wording of the exhibit. DEVELOPMENT CODE AMENDMENT The Mayor opened the public hearing and - VIEW PROTECTION (1801) the City Clerk announced that notice of the public hearing had been duly published. The staff memorandum was presented.by Director Benard and the recommendation was to introduce an ordinance amending the View Preservation Ordinance and amending the Rancho Palos Verdes Municipal.. Code A lengthy Council discussion ensued about the intent of Proposition M and whether the foliage owner -and not the complaining party should pay.for the replacement and lacing of a tree to restore the complainant's view. Ian Tober, 20.62 Redondela Drive, spoke in opposition to this amendment to Proposition M and read from a prepared statement. (Mr. Tober' s statement is on file with the City Clerk's office.) Michael Bak- Boychuk,'2929 Crest Rd., an attorney representing clients who oppose the View Preservation Ordinance, spoke -about the requirement for, removal of trees and presented a copy of a decision in the case of Lesher Communications Inc., et al. vs. the City of Walnut Creek, Case 5012604 which dealt with -a similar issue. He questioned if the initiative could be considered an amendment to the General .Plan and how it addressed CEQA,, in particular the cumulative impact requirement, and how it related to-the applicant's ability to pay for the removal-of trees* John Sharkey; 30320 Avenida de opposing the removal of foliage Proposition "M" (Mr. Sharkey's Clerk's office*) David English, 2 Top Rail, told -4- R Calma, presented a prepared statement .and trees as required by statement i s on file with the City the Council.that he had a palm tree FEBRUARY 19, 1991 trimmed in response to the committee's direction. He felt that the City should have the power,to trim trees but not to order their removal and that this ordinance was being exercised beyond its original intent. Larry Clark, Chairman of-the View Restoration Committee, responded to Council's questions about the necessity of this ordinance which would enable the committee to order the replacement of a tree.which, in the opinion of the committee, would not survive trimming, culling, lacing, or reduction of mature foliage to 16 feet or the ridge line. He said the Committee felt that such a requirement should be codified and expressed as part of the ordinance. Council then discussed the recommendations outlined in the January 2 2 , . 1991. staf f ' memorandum and if those guidelines should be incorporated into the ordinance. G-euncilwoman Bacharach moved, seconded by Mayor Hinchliffe to continue this hearing until March 5th. The motion carried unanimously. RECESS AND RECONVENE At 9:4 -3 P.M. the Mayor declared a recess. .At 9:52 P.M. the meeting reconvened. AUDIENCE QUESTIONS: Responding to the Mayor's.call for audience questions was John Sharkey, 30320 Avenida de Calma. He inquired if he could expect a response to his letter to the Mayor about the View Restoration Committee. Council informed Mr. Sharkey that a response was forthcoming. Lois Larue, 3136 Barkentine Rd., recited a passage from the First Amendment of the Constitution of the United States. Among other things, she referred to Senator Beverly's partnership in the Law Firm of Richards, Watson & Gershon; the claim of ,Tames Putman for $660; the use of the CDBG funding for building the gabions; and, questioned the adequacy of the E.I.R. prepared for the Kajima Project. Roy Fulwider, 28219 Haz- elridge, inquired about the procedure followed for the use and access to tapes of the View Restoration Committee meetings., The City Attorney opined that the tapes are kept for.use in preparation of the minutes and that after the minutes are approved the tapes are then erased and reused. PLANNING FEE REVISION - The Mayor opened the public hearing and (1203.x 1801) the City Clerk announced that notice of the public hearing had been duly published. -5- FEBRUARY-19, 1991 The staff memorandum was presented by Director Benard and the recommendation was to adopt a resolution to establish a $75 fee to revise a View Restoration Permit application before the staff report is prepared-and a $145 fee to revise an application after the staff report is issued. Council inquired if the fees being charged covered potential litigation on.these, various applications and questioned why a revision was more costly than the original application processing. John Sharkey, 30320 Avenida de Calma, presented a prepared statement dealing with the planning fee revision and in particular questioned. the expenses associated with the enforcement of this proposition. (Mr. Sharkey's statement is on file with the City Clerk's office.) Michael Bak- Boychuk, 2929 Crest Road, on behalf of his clients, told the Council that there is no implied constitutional right to a view, questioned why the City was collecting fees to perform view analysis; and,. said he never heard of aright that was contingent upon a fee. He requested that.the City Council reconsider this policy. Council discussed whether the City really recovers its costs with the present and proposed fees or if these costs were high at this time because of the start up-of the committee and the learning curve in the review of the applications. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to continue this matter until March 5th. Motion carried. C.U.P. PERMIT "NO9.155 - Staff summarized the changes to the GREEN HILLS CEMETERY proposed resolution: in.particular, those (1804)- changes dealt with. condition Nos. 2 on Exhibit "A" and also with Condition Nos. 16 and 21. RESOLUTION NO. 91- 7- SUSTAINING THE APPEAL AND APPROVING CONDITIONAL USE 'PERMIT N0. 155, VARIANCE NO. 262 AND GRADING PERMIT NO. 1442' AND ISSUING A FINAL NEGATIVE DECLARATION FOR THE MASTER PLAN FOR DEVELOPMENT OF GREEN HILLS MEMORIAL PARK CEMETERY was presented by title and adopted as amended on motion of Councilwoman Bacharach, seconded by Councilman Ryan. RESOLUTION NO. 91 -8 - SEA The Director Wentz presented the staff RAVEN DRIVE VACATION memorandum and the recommendation to (450 X 1408) -adopt a resolution vacating a portion of Sea Raven Drive and .setting conditions thereon. Council inquired about a timeline for the,payment of cost associated with this vacation; whether one party could vacate to the middle of the street and.if the other part could be used for the public easement. It was the consensus that item No. 10 on attachment "B" to the proposed resolution should contain a requirement for 30 days for payment of the cost associated with this street vacation. -6- FEBRUARY 19, 1991 RESOLUTION NO. 91 -8 ORDERING THE VACATION OF SEA RAVEN DRIVE FROM HEROIC TO THE CUL -DE -SAC was presented by title and adopted as amended on motion of Councilwoman Bacharach, seconded by Councilman Hughes. The motion carried on the following roll call vote: AYES: BACHARACH, HUGHES, RYAN, AND MAYOR HINCHLIFFE NOES: McTAGGART MINOR EXCEPTION PERM: 380 - APPEAL (1804 ) combination wall and holding the decision this Minor Exception IT NO. Director Benard presented the staff memorandum and the recommendation to- deny the appeal for an oversized fence in the front yard setback, thereby up- of the Planning Commission and staff denying Request. Representing the applicant was Architect Marshall Lewis, 721 Latimer Rd., Santa- Monica, who told the Council his client originally wanted a—lap pool in the front yard but didn't want to build two walls in the front of the house. A brief discussion ensued about the type of wall that would be built: whether it would have vertical or horizontal rungs and what if it would block views from the street. Councilman Ryan moved, seconded by Councilwoman Bacharach to grant the appeal for a five foot fence with vertical slats. The motion' failed on the following roll call vote: AYES: BACHARACH AND RYAN NOES: HUGHES, McTAGGART AND MAYOR HINCHLIFFE Councilman Hughes moved, seconded by Mayor Hinchliffe to deny the appeal and request that staff prepare a_ resolution to deny the appeal. The motion carried on the 3 -2 vote with Councilmembers Ryan and Bacharach voting in opposition. LANDSLIDE MORATORIUM Director Benard presented the staff EXEMPTION NO. 42 (1801) memorandum and the recommendation to deny the moratorium Exemption for the remodel and 668-square foot addition. Mayor Hinchliffe announced that he lives in the Portuguese Bend area and consequently would excuse himself from participating in the discussion. Council requested clarification of the existing space that would be deleted and how the space to be added would be -used. The applicant, Michael Barth, 48 Sea Wall summarized the land coverage of his lot and said he felt it was well within the code. He summarized the intended use of this addition and in particular the storage loft. -7- 1 FEBRUARY 19 , 1991 Councilman McTaggart moved, seconded by Councilman Ryan to approve alternative No. 2 to approve the Moratorium Exemption for the 668 sq. ft. addition and remodel subject to certain conditions. The motion carried unanimously. COASTAL.AND NEAR COASTAL City Manager presented his staff DEVELOPMENT REVIEW memorandum of February -19th and the (701) recommendation that the City Council provide staff with any addition.or change to policy. direction regarding evaluation of Coastal and near coastal development applications and land uses. Director Benard then presented his February 15, 1991 staff memorandum which contained a background of meetings held to discuss coastal development at which various questions. were raised regarding specific project areas and anticipated development proposals. His staff memorandum went on to list the projects that are currently being considered by the City: Subregion 1 /Marufuji; Point Vicente (Civic Center) /City of Rancho Palos Verdes; Long Point /Monaghan; Portuguese Bend /Palos Verdes Land Holding Company; and, Subregion 7 &8 (Specific Plan V)/City of Rancho Palos Verdes. The staff report also contained the following:.a summary of land uses for the total acreage involved which was estimated to be approximately 1,500 acres; a timeline for the hearings on these various projects; and, a background on some of the policy issues which would require Council review prior to action being taken on such proposals as hotel development - golf development and alternative land uses. The City Attorney opined that the Council should focus their discussion on issues that would. affect the entire coastline and not any specific project. These common areas would be matters such as traffic, affordable housing, and the possibility of amending the local coastal plan. A lengthy Council discussion then ensued about the appropriateness of discussing this issue at this time; the number of golf courses that were being proposed; the status of the coastal ridge zoning; if a timeline could be prepared for the subregion 1 and 7 development; if the issue of coastal development should be presented the community by way of an election; if there was an mechanism whereby some of the revenue from the coastal-development could be shared with the School District to provide such things as transportation in the form of school buses; if hotels would be profitable during their first few years of 'operation; the limitations that might be placed on development in light of the current drought; if the coastal ridge zoning translated into more open space; and, if staff could take a comprehensive look at the coastal zone and.analyze if the area should have one or two hotels, or one hotel with a limited number of rooms. Lois Larue, 3136 Barkentine Rd., representing Save Our Coastline 2000, informed the Council about a proposed bill in the State -8= FEBRUARY 19, 1991 Assembly which did not permit developments until a long range plan for water usage had been drawn up. She said that SOC had a membership of over 174 members and they are opposed-.to development along the coast line. Richard Bara, 1 Peppertree, inquired about the status of the coastal ridge zoning idea and he restated his support for implementation of RSA4 zoning. A brief discussion then followed on whether the ridge zoning should be studied separately from the Development Code Amendment. It was the consensus that the issue of coastal development should be sent back to the Coastal Development Committee (Ryan /Hinchliffe). OVERLAY AND IMPROVEMENTS OF It.was.the consensus that this item HAWTHORNE BOULEVARD (1404) should be continued to the March 5th meeting. SOURCE REDUCTION AND Director Wentz presented the staff RECYCLING ELEMENT - GOALS memorandum and the recommendation AND OBJECTIVES - (1301) that the City Council approve in concept the Source Reduction and Recycling Element (SRRE) Goals and Objectives for-it's plan. Council requested that certain items in the goals be clarified, in particular the meaning of the Legislation AB939; if the City would contract with various charities to implement the program for picking up used clothing; an explanation of both the commercial-franchising aspect of this program and the availability of the wood chipping machine operation to area residents and businesses. It was the consensus that these draft goals and objectives would be revised by staff and used on a preliminary basis to draft the City's plan. CITY COUNCIL REPORTS: LEGISLATION REGARDING The City Manager presented the TRIPLE TRAILER TRUCKS recommendation to join the Citizens for (306 x 1505) Safe Highways' (CRASH), in opposing amendments to the Highway Reauthorization bill that would allow triple trailer trucks on highways throughout the nation. Councilwoman Bacharach moved, seconded by Councilman Ryan to adopt the staff recommendation. The-motion carried unanimously. -9- FEBRUARY 19, 1991 Undergrounding Funds From Palos Verdes Estates and Rolling Hills Estates to Underground Granvia Altamira and Other Appropriate Streets ( 901 Council discussed requesting the City of Palos Verdes Estates to use their undergrounding utility funds- for-utility poles ' along Granvia Altamira and also the Cities of Rolling Hills Estates and Rolling Hills. Representing the Edison Company was Scott Gobel, who said that the City of Palos Verdes Estates has already mortgaged their funds for four years into the future and that Rolling Hills Estates currently has $19,000 in utility funds which will be used to underground three poles. Roiling Hills has $40,000 in funds but that is going to be spent on a proposed project on Palos Verdes Dr. North. Mr. Gobel suggested that for the undergrounding of'the poles on Granvia Altamira that residents form an undergrounding district. It was the consensus that. staff would inquire of the City of Palos Verdes Estates whether they would be" willing to mortgage additional future funds and that staff also would find out if the County has any matching funds. Request For Staff to After discussion of this item it was Investigate the Closure of the consensus that staff would prepare Mossbank'To Vehicular a report on 'how the canyon area at the Traffic (1408 ) end of Mossbank could be closed off to. vehicular traffic but yet allow for emergency vehicles. Eastview School District Councilman Ryan summarized the outcome of Annexation (1401) the hearing-for admission of- Eastview area schools to the Palos Verdes Peninsula Unified School District and stated he felt that the Los Angeles Unified School District would resist that annexation. Councilman Ryan then moved, seconded by Councilman McTaggart that the City hire a consultant to develop legislative strategies for inclusion of Eastview into the Palos Verdes Peninsula Unif ied School District as a parallel action to current Eastview efforts and that a preliminary budget of $20,000 be established for this item. After additional discussion of this item,. Mayor Hinchliffe moved a substitute motion, seconded by Councilwoman Bacharach that the City donate $10,000 upon the School District donating $5,000 and the area residents donating $5,000. The motion carried on the following roll call vote: AYES: BACHARACH, HUGHES AND -MAYOR HINCHLIFFE NOES: McTAGGART AND RYAN • Councilwoman Bacharach moved, seconded by Mayor Hinchliffe to- authorize a meeting between the School Subcommittee (Bacharach /Hinchliffe) the School District AND RULE. Motion carried. °10- FEBRUARY 19, 1991 Recycling At Rolling High School (1301) recyclables had been that paper, aluminum location. Hills Councilwoman Bacharach reported that in cooperation with a Student Greenpeace group a program for collection of established at Rolling Hills High School and and newspaper will be collected at that Water Shortage Councilman Hughes inquired about the measures that were being taken by the Calif. Water Service Co. to deal with the drought problem. -- The consensus was that Mr. Cantrell of the Water Co. should be invited to attend the March 2nd meeting and that staff determine what enforcement mechanisms were being adopted by the Water Co. to enforce compliance with drought measures. CITY MANAGER REPORTS: Status of Directives Council requested that the item regarding water reclamation usage and the Development Code Revision be placed on the Status of Council Directives. Development Code Committee Mayor Hinchliffe appointed Councilman McTaggart and Councilman Hughes to serve on this subcommittee. ADJOURNMENT At 1 :35 A.M. the meeting adjourned to Saturday, March 2, 1991 at $:00 A.M. for a Community Leader Breakfast at Hesse Park. l AYOR ATTEST: .CITY CLERK -11- FEBRUARY 19, 1991