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CC MINS 19910416M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL 16, 1991 The meeting was called to order at 6:30 P.M. by Mayor Hinchliffe at the Hesse Park Community Center, 29301 Hawthorne Boulevard and was immediately recessed to a closed session. The regular meeting convened at 7:30 P.M. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BACHARACH, HUGHES, McTAGGART, RYAN, AND MAYOR HINCHLIFFE Also present were City Manager Paul D. Bussey, Environmental Services Director Robert Benard, Public Works Director George Wentz, City Attorney Carol Lynch, Director of Recreation and Parks Mary Thomas and City Clerk Jo Purcell. The City Attorney announced that a closed session had been held pursuant to Government code 54956,(b) and discussed the Yen et al. versus the City of Rancho Palos Verdes. The Mayor announced that at 7:00 P.M. the Council interviewed candidates for the View Restoration Committee. APPROVAL OF AGENDA Councilwoman Bacharach moved, seconded by Councilman Hughes to approve the agenda as presented. The motion carried unanimously. CONSENT CALENDAR Tentative Parcel Map No. 19847 was removed from the Consent Calendar to be discussed later in the meeting. The remainder of the Consent Calendar was approved on motion of Councilwoman Bacharach, seconded by Councilman Hughes. (Councilman Hughes voted "no" on Ordinance No. 263-e) 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 2, 19919 ORDINANCE NO. 263 - DISPOSAL OF RESIDENTIAL SOLID WASTE (1301) Adopted ORDINANCE NO, 263 OF THE CITY OF RANCHO PALOS VERDES REGARDING CHARGES FOR THE DISPOSAL OF RESIDENTIAL SOLID WASTE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. (Councilman Hughes voting "No",) LEGISLATION: AB883 (BOLAND) AND SB508 (L. GREENE) (306) Adopted the League's position in opposing both of these bills. RESOLUTION NO. 91 -15 REGISTER OF DEMANDS Adopted RESOLUTION NO, 91 -15 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, HUGHES, McTAGGART, RYAN, AND MAYOR HINCHLIFFE PUBLIC HEARINGS: HEIGHT VARIATION NO. 695 APPEAL (1804) The Mayor opened the Public Hearing on this appeal opposing a proposed second story addition to an existing residence. The City Clerk announced that notice of this Public Hearing had been published. Director Benard presented the staff memorandum of April 16th and the recommendation to deny the appeal, thereby approving Height Variation No. 695 with conditions. Speaking in opposition to this proposed addition were the following residents: Y.Y. & Grace Chang, 29031 Warnick Road; Karen & James Hood, 29025 Warnick Road; Jen Kung, 28219 Seamount Drive; David Mantrom, 29108 Warnick Road; Tony Yu, 5658 Ravenspur Drive; Wendy. Nieh, 29040 Warnick Road; Chang Jean Wang, 29041 Warnick Road; Wet. H. Kao, 29007 Warnick Road; Mary Flynn, 29034 Warnick Road; William R. Dudman, 29021 Warnick Road; Xi -Ping Zou, 5644 Ranvenspur Drive, #203; John Sun, 5644 Ravenspur Drive, #208; Eva Chang, 5006 Delacroix Road; and, Teresa Sun, 28717 Trailriders Drive. Their objections centered mainly on the view obstruction resulting from this structure, reduction in their property value because of the reduced view; and, the lack of compatability with the remainder of the neighborhood. The property owner, Ashis Mandal, 29035 Warnick Road, read a prepared statement containing reasons why he felt the project complied with the City's Development Code. {Mr. Mandal's letter is on file with -2- APRIL 16, 1991 the City Clerk's office.) The architect for this project, Celina Gonzalez, 8050 E. Florence Avenue, Downey, presented drawings of the proposed project and responded to Council's questions about the location of the addition and whether it could be changed to mitigate the view impact on the neighbors. Ms. Gonzalez explained why the proposed location was the best and added that the house was below the average size for the houses in that neighborhood. Director Benard summarized the action taken on this project by the Planning Commission: that the project was originally denied but later when it was proposed to eliminate the windows and thus relieve the concern about loss of privacy of the next door neighbor, the project was then approved. Planning Commission Chairman, Peter Von Hagen, explained that the majority of the Commission agreed with the staff report that the application did meet the criteria of the Development Code and that they did try to deal with the issue of privacy by eliminating the windows in the project. Bob McNulty, 19 Mustang Road, also representing the Planning Commission said that he felt that the developer placed the houses on these lots to take advantage of the view that was available and that the proposed addition would be incompatible with the neighborhood. The Council then discussed the issue of compatibility and the fact that it could not be considered as a reason for denial but rather should be considered in the design of the proposed project. Councilwoman Bacharach moved, seconded by Councilman Hughes and carried to close the Public Hearing. Additional Council comments and inquiries clarified the fact that the property owner had the right to build an addition to his house that would be as high as sixteen feet and, if that did block the view of his neighbor, it had to be allowed because it was within the limits of the Development Code. City Attorney Lynch further clarified the Development Code Section 17.02.040 and opined that the only time that the issue of neighborhood compatibility can be invoked is when somebody is building a structure that exceeds sixteen feet in height. Additional Council comments centered on the fact that compatibility could not be used as a reason for denying the project; rather it was a tool to bring additions into conformance with the neighborhood; that the appellant's view in this case was not completely obstructed; and, that any structure such as this proposed project could be built with an over - the - counter permit even if it did block views. Additional. Council comments centered on installation of windows to ameliorate the appearance of the wall and the use of a translucent window to insure the privacy of the neighbors and that the proposed resolution should contain such a requirement. -3- APRIL 16, 1991 Councilman Hughes moved, seconded by Councilman Ryan to adopt as amended RESOLUTION NO, 91 -17 DENYING THE APPEAL OF HEIGHT VARIATION NO. 695 THEREBY APPROVING THE PROJECT AT 29035 WARNICK ROAD. The motion carried unanimously. RECESS AND RECONVENE At 9:35 P.M. the Mayor declared a recess. At 9:45 P.M. the meeting reconvened. AUDIENCE QUESTIONS: Responding to the Mayor's call for audience questions was John Sharkey, 30320 Avenida de Calma, who presented a prepared statement regarding the financial responsibility of developers. He inquired what the City required of developers to assure that a project would be completed. Staff responded that the City has adequate bonding to cover off -site improvements, completion of the grading, and completion of landscaping. Staff further indicated that a meeting had been planned for April 17th with the developer to discuss the status of the project. Al Esser, 71 Crest Road East, Rolling Hills, presented a written statement regarding the construction of an impervious drainage plan and specification for the Abalone Cove, Portuguese Bend, and Klondike Canyon landslide areas. (Mr. Esser requested that his report be distributed to the City Council.) Lois Larue, 3136 Barkentine Road, presented a written statement regarding development agreements and how they must be consistent with the General Plan. (This statement is on file with the City Clerk's office.) ORDINANCE NO. 264 - VIEW RESTORATION COMMITTEE AS A PLANNING COMMISSION FOR LIMITED PURPOSES (1801) The Mayor declared the public hearing open on this proposed ordinance to designate the View Restoration Committee as a planning commission in connection with view restoration matters. The City Clerk reported that notice had been published. Director Benard presented the staff report of April 16th and the recommendation to adopt this proposed ordinance. Speaking in opposition to the adoption of this ordinance were the following residents: Lois Larue, 3136 Barkentine Rd., who suggested that the View Restoration Committee decisions be appealable to the City Council. John Sharkey, 30320 Avenida de Calma, stated his objections to the adoption of this ordinance and presented a written statement -4- APRIL 16, 1991 explaining his opposition. Councilwoman Bacharach moved, seconded by Councilman Ryan to waive further reading and introduce ORDINANCE NO. 264 OF THE CITY OF RANCHO PALOS VERDES DESIGNATING THE VIEW RESTORATION COMMITTEE AS A PLANNING COMMISSION FOR LIMITED PURPOSES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE, SOURCE REDUCTION AND RECYCLING PLAN (1301) The Mayor opened the Public Hearing on this matter and the City Clerk reported that notice had been published. Representing RIS Consultants was Michael Huls, 14619 Flatbusch Ave., Norwalk, who summarized the goals and objectives of this Source Reduction and Recycling Element (SRRE) which had been developed in response to Assembly Bill 939, the California Integrated Waste Mange - ment Act of 1989. He explained the project's approach and how its various phases would fit together: generation, source reduction, recycling, composting, special waste component; and, the public information component. Representing Clements Engineering was Alison Burleigh, who explained the Solid Waste Generation Study and how the figure of 60,576 tons of solid waste generated in the City was computed. Council expressed concern about the accuracy of the numbers in the report and the recommendation was made that a notation should be made to indicate that these were approximate and not exact. Council then inquired about the Trails Maintenance diversion component; if there was something that defined household hazardous waste; if the City will be identifying ways of disposing of household hazardous waste; and, if grass cuttings from lawns that have been treated with insecticide would be considered hazardous waste. Lois Larue, 3136 Barkentine Road, inquired about the provisions made for single family dwellers who did not generate any trash and who were composting whatever waste was generated at their dwelling. Councilwoman Bacharach moved, seconded by Councilman McTaggart to close the Public Hearing. The motion carried. Council then inquired about whether the telephone company would be interested in a program of collecting telephone books for recycling purposes; if annual updates would be issued on this Source Reduction Program and if there was cooperation between all the Peninsula Cities in the implementation of this program. It was the consensus that the City Council members would present their concerns about this to the Solid Waste Subcommittee (Ryan / Bacharach) for that subcommittee's discussion at a future meeting. -5- APRIL 16, 1991 TENTATIVE TRACT MAP NO. 19847, REVISION (1411) Director Benard presented the supplemental staff report of April 16th which provided additional information on this request received from the land owner of 4105 Palos Verdes Drive East to revise Tentative Parcel Map No. 19847 and grading Permit No. 1180 to allow a modification to the previously approved building pad configuration for a two lot subdivision and to install a buttress fill to stabilize the property. Mr. Benard's report went on to explain that the use of caissons instead of the originally sought grading activity would cause only minimal disturbance to the site and would not generate the grading activity impacts typically associated with a major buttress fill. Council inquired about the cost of this proposal, and if staff would be able to get the information necessary to decide on the grading versus the use of cassions. Lois Larue, 3136 Barkentine Road, said that the City Council was tampering with the General Plan when they considered allowing this tract to be built in the ancient slide area. Additional discussion then followed regarding the proposed contract and whether it was adequate to cover the possibility of additional analysis. Councilwoman Bacharach moved, seconded by Councilman Hughes to approve the staff recommendation to authorize the Mayor and City Clerk to execute a contract with Sikand Environmental Group to prepare an Environmental Impact Report for a proposed buttress fill on a two lot subdivision. The total amount of the contract would be $13,800, with the understanding that it might be necessary to expand this report. The motion carried on the following roll call voter AYES: BACHARACH, HUGHES, McTAGGART, RYAN, AND MAYOR HINCHLIFFE TENTATIVE TRACT MAP NO. 37885 (FORRESTAL) (1411) Director Benard presented the staff memorandum of April 16th and the recommendation to approve a one (1) year time extension of Tentative Tract Map No. 37885 to November 21, 1992. Representing the applicant was John Trapp, 1501 Jamboree, Newport Beach, representing J.M. Peters Company, who explained the reasons for the delay and the subsequent request for an extension: a supplemental E.I.R. was required to mitigate the quarry slope area took 15 months to prepare; and, additional references were proposed by the City Attorney which then had to be included in the E.I.R. He said it would be extremely difficult to do the final phase of the E.I.R. and record the map at the same time. -6- APRIL 16, 1991 Lois Larue, 3136 Barkentine Road, stated her objections to the building of this tract and said that water was pouring into the property and that remedial grading would not eliminate the geologic hazard on the property. Councilwoman Bacharach moved, seconded by Councilman McTaggart to adopt the staff recommendation. The motion carried on a 4 -1 vote with Councilman Ryan voting no. VIEW RESTORATION APPOINTMENTS (106 x 1801) After one round of voting, Norman Eastwood was selected as a regular voting member of the committee with a term of office to December 1993, Al Edgerton was selected to the position of alternate with a term of office to December 1993, and William Dudman was selected as an alternate with a term of office until December 1991. Mayor Hinchliffe moved, seconded by Councilman Ryan to unanimously appoint these members to the View Restoration Committee. RECESS AND RECONVENE At 11:25 P.M. the Mayor declared a recess. At 11:30 P.M. - the meeting reconvened. REQUEST FOR WAIVER OF FEE VARIANCE (1203) Director Benard presented the staff memorandum of April 16th and the recommendation to deny this request and require the applicant to pay the application fees to the City by 5:00 P.M., Thursday, April 18, 1991 to avoid initiation of nuisance abatement proceedings. Associate Planner Terry Silverman, responding to Council's inquiry about the type of fencing at that location said that the poles for the fence were set in concrete and staff was unaware of what the applicant intended to do about the chain link fence. Council then inquired about the process for pool and fence permits, and requested clarification of the location of the existing and intended fences. The applicant Mr. Basant Garg, 28319 Plainfield, distributed pictures of his property which depicted the construction of a fence and a partially constructed wall. He stated his objection to being charged additional fees. Council then inquired how long it would take Mr. Garg to complete the construction if he was given a permit; if additional discretionary permits were necessary; and, if Mr. Garg had been treated differently than any other resident who applies for a pool and fence permit. The City Attorney clarified the policy whereby no new permits are -7- APRIL 16, 1991 issued while other items at a construction site are not according to code. Councilwoman Bacharach moved, seconded by Councilman Ryan to table this issue and refer it to staff for a conference between Mr. Garg and staff to review the necessary permits that are still required and the steps to be taken in getting those permits; also, to look at a list of alternatives. Staff was instructed to report back to Council if no agreement was reached. The motion carried unanimously. Lois Larue, 3136 Barkentine Road, said she was astounded at the volume of paper work involved in this case. PLAYGROUND EQUIPMENT EVALUATION (1201) Mary Thomas presented the memorandum of April 16th and the staff recommendation to authorize staff to request proposals from professional playground safety consultants to evaluate the City parks play equipment and to develop a construction plan for the Yg la round equipment at Eastview Park. p Council inquired if this study was being done mainly for the Eastview Park and if the City would have total immunity if the playground equipment was constructed to these standards. Councilman McTaggart's motion to table this item until a closed session could be held to discuss the matter died for lack of a second. Councilwoman Bacharach moved, seconded by Councilman Ryan and carried to adopt the staff recommendation with the understanding that this matter be brought back during the budget sessions. WATER CONSERVATION (1601) Councilman Ryan inquired whether the City was permitted to require the use of low flow toilets in the building code and whether staff could inquire about the use of cisterns in new construction. It was the consensus that staff would investigate these two items. SOUTH BAY CITIES ASSOCIATION WATER RESOLUTION It was the consensus that in lieu of preparing a resolution for this item that staff prepare a letter encouraging water conservation through the South Bay Cities Association and also the City's support for a resolution issued by that organization. Additionally, it was agreed to include In that letter a clause requesting that the MWD not take on any new subscribers and that they look at a long term solution to growth management. -8- APRIL 16, 1991 LEGISLATION SCA 11 (MORGAN); AB 1110 (CAMPBELL) AND HR 506 ( SCHUMER - N.Y.) ( 3 0 6 ) Councilwoman Bacharach moved, seconded by Councilman Ryan and carried to support the League in supporting these pieces of legislation. CITY MANAGER REPORTS: BUDGET WORK SESSION (602) Council approved the following dates as budget work sessions: Tuesday, May 28 First Council work session Saturday, June 1 Second Council work session Tuesday, June 4 Public Hearing on FY 91 -92 Budget Tuesday, June 18 Continuation of Public Hearing (if needed) and adoption of budget resolution and related documents. Council Directives Council requested that the matter of the zip code problem be placed on this list of directives. ADJOURNMENT: At 12:43 P.M. the meeting adjourned to 7:00 P.M. on April 8th. 7�! - M-L I ATTEST: I TY CLERK CITY COUNCIL -9- APRIL 16, 1991