CC MINS 19911001M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
OCTOBER 1, 1991
The meeting was called to order at 7:00 P.M. by Mayor Hinchliffe at
the Hesse Park Community Center, 29301 Hawthorne Boulevard.
The Council immediately adjourned to a closed session.
The regular meeting of the City Council was called to order 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 Acting City Manager Mark Rohloff, Environmental
Services Director Robert Benard, Public Works Director Catherine
Reed, 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) to discuss pending
litigation: Charles & Erica Stuart, et al., v. Redevelopment Agency
of Rancho Palos Verdes, et., (L.A. Superior Court No. BS005088);
People v. Dean Garth, (Superior Court Appellate Dept. Case No. BR
29254); United States of America v. Montrose Chemical Company, et
al. (Court Case No. CV -90- 3122- AAH(JRx).
CEREMONIAL MATTER
Mayor Hinchliffe presented to L.A. County Deputy Fire Chief Jay
Corbett, a proclamation in recognition of Fire Prevention Week,
October 6 through October 12, 1991. Chief Corbett thanked the City
for its support of the County Fire Department and invited the
public to visit County fire stations which would be holding open
house the week of October 120
APPROVAL OF AGENDA
Councilwoman Bacharach moved, seconded by Mayor hinchliffe to
approve the agenda as presented. The motion carried unanimously.
CONSENT CALENDAR
Three items were removed from the consent calendar to be discussed
later in the meeting. Vacation of streets within Subregion 7 & 8:
Relocation of crosswalk on Palos Verdes Drive East at the Miraleste
Library and Intermediate School; and, the Amendment to the City's
General Plan for Incorporation of the Trail and Bikeway Development into nto the Urban Environment Element of the General Plan.
Speaking to certain items on the consent calendar was Lois Larue,
3136 Barkentine Rd., who stated her objection to the chemical
spraying of City rights -of -way and expressed concern about the
types of pesticides being used.
The consent calendar was approved as follows on motion of
Councilwoman Bacharach, seconded by Mayor Hinchliffe.
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.,
RESOL. NO. 91 -69 - BUDGET TRANSFER - SOLID WASTE FUND (602 X 1204
x 13 01)
Adopted RESOLUTION NO, 91 -69 OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES AMENDING RESOLUTION NO. 91 -33, THE BUDGET
APPROPRIATION FOR FISCAL YEAR 1991 -92,
AWARD OF WEED CONTROL CONTRACT FOR CITY STREET RIGHTS -OF -WAY. (1204
x 1701)
Awarded the Fiscal Year 1991 -92 weed control contract for City
Street Rights -of -Way to Jimmie's Custom Spray Service at a cost of
$19,537, plus provide a contingency of $1,900 for a total
authorized expenditure not to exceed $21,437.
RESOLUTION NO. 91 -70 REGISTER OF DEMANDS
Adopted RESOLUTION NO. 91 -70 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
NOES: NONE
ABSTAIN: NONE
PUBLIC HEARING:
PROPOSED REVISIONS TO THE MUNICIPAL CODE (1103 x 1203 x 1801)
2 OCTOBER 1, 1991
Project Planner Nancy Hutar, presented the staff memorandum of
October 1, 1991 and the following recommendations: (1) Approve the
Draft Negative Declaration; (2) Approve the revisions to Title 17
regarding zoning standards and approve the revision to Title 16
regarding the repeal of the definitions chapter; Approve the
revisions to Title 16 regarding compliance with the Subdivision Map
Act; (4) Approve the revision to title 8 regarding the addition of
dumping provisions which were previously located in the grading
section; and (5) Approve the revisions to the definitions of
"City," "Planning Commission," and "large domestic animal ".
Council inquiries included the standards for home size vis -a -vis
lot dimensions; if the proposed chart for single family residential.
development standards would prevent the construction of oversized
homes on lots; the increase in building density in the case of
existing homes being "recycled" into larger homes; and, if an
Environmental Impact Report needed to be prepared to analyze the
effects of this possible density increase.
The next area of discussion dealt with the items that would no
longer be appealable to the City Council: Minor Height Variations,
review of Sign Applications, and large family day -care facilities.
Concern was expressed for the matters which would no longer be
appealable from the Planning Commission: uses permitted in such
zones as commercial limited, commercial neighborhood, commercial
professional, commercial general, and commercial recreational
zones. Also not appealable from the Planning Commission were the
following permits: special use permits, parking lot permits,
grading permits, determination of non - conforming signs, approvals
of extreme slope permits, and, approval of geologic investigation
permits.
Representing the Rancho Palos Verdes Council of Homeowners
Associations was John Beringer, who summarized the comments from
that association as presented in their September- 10, 1991 letter to
the Planning Commission. Additionally, Mr. Beringer referred to
their letter also of September 10th which focused on the revisions
to Titles 17- Zoning. Mr. Beringer questioned the issuance of a
Negative Declaration on this Development Code revision since he
felt it was a substantial change to the code.
Lois Larue, 3136 Barkentine Rd., stated her objection to making the
Director of Environmental Services the Zoning Administrator and
making the Planning. Commission the Board of Appeal. She also
objected to the streamlining of the Coastal Permit Process and
disagreed with the Planning Commission starting some of their
meetings at 6:00 P.M. She was also opposed to the Planning
Commission being the final Appeal Board on the 5 uses permitted for
certain zoning sections.
DeDe Hicks, 6120 Scotmist Drive, questioned the changes made to the
3 OCTOBER 11 1991
Antenna Ordinance and stated that the appeal procedure should not
be shortened. She said that the standards should be stricter and
she questioned the Federal restrictions placed on the power of
local government prohibiting denial of a project based on the
fluctuations of property values because of nearby antennas.
John Sharkey, 30320 Avenida de Calma, questioned why certain types
of development were now being allowed in the open space hazard zone
under a Conditional Use Permit process. He requested that this
process be eliminated from the revision to the code. (Mr. Sharkey
presented a prepared written statement which is -on file with the
City Clerk's office.)
Chris Manning, residing at 14 Crest Road, Rolling Hills, owning
property at 29438 Quailwood Dr., and representing Peninsula
Preservation, questioned what he felt was a major change in Section
17.76.040 (grading permit) and inquired if this change was in
compliance with CEQA. He stated his opposition to the elimination
of the appeal process under Section 17.76.040 stating that he felt
it would detrimental to the community and requested that the appeal
still be allowed to go to the City Council.
In clarifying what grading permits would still be appealable to the
Council, staff indicated that grading for such things as single
family lots and lots split would be the only types of permits not
appealable to the City Council . All major projects would still be
appealable to the Council.
Tim Burrell, 4038 Exultant Drive, expressed his disagreement with
the single family residential development standards chart and
requested that there be some process whereby somebody owning a
large parcel of land could build a house exceeding the maximums
proposed.
Joseph J.D. McLaren, 3923 Palos Verdes Dr. South, requested
clarification of the open space category and how it pertained to
public areas versus private property.
Councilwoman Bacharach moved, seconded by Councilman Ryan and
carried to continue the public hearing.
RECESS AND RECONVENE
At 9:30 P . M. the Mayor declared a recess, At 9:40 P . M. the meeting
reconvened.
Council resumed its discussion of these revisions and concern was
expressed that because of the volume of the subject and the
decisions to be made pertaining to it, that adequate time be given
to making these decisions. Finally, it was the consensus that this
matter should be continued to the October 15th meeting and that
additional public testimony be taken at that time.
4 ' OCTOBER 1. 1991
TENTATIVE TRACT MAP 46651 - KAJIMA (1203 x 1411)
The staff memorandum was presented by Associate Planner Terry
Silverman. Staff recommended certification of the Environmental
Impact Report No. 32; and, approval of Tentative Tract Map No.
46651, Conditional Use Permit No. 151, and Grading Permit No. 1389
for a 63 unit Residential Planned Development located on a vacant
59 acre parcel at the southwest corner of Crest Road and Highridge
Road.
Council then inquired about the following provisions and conditions
of the source of funding for the park: who would be financially
responsible for the detention basin if the developer did not build
it within the 5 year period; if the hydrology for this tract was in
compliance with the California Storm Drain Act; and, clarification
that the trails be built prior to home sales. Concern was
expressed that all sections of the trail be clearly indicated on
the maps and that they connect; also, that some mitigation measures
listed in the Environmental Impact Report be clearly indicated as
recommendations only and not mandatory.
With regard to the October 1st letter from the applicant's
attorney, it was the consensus of the Council to require vertical
curbs, that the fences to be built all at once and be built by the
developer. With regard to the request to allow a rear set -back on
lots 43, 44, and 45 of 20 feet rather than 30 feet) Councilman Ryan
moved, seconded by Councilwoman Bacharach to approve this request
from the applicant. The motion carried on a 4 -1 vote, with
Councilman Hughes voting in opposition.
Council requested that the staff prepare new language for the five
year rebate program pertaining to the detention basin.
In response to Council's inquiry, the City Attorney opined that
since the public hearing for this project had been closed that
public testimony could be taken only if it was directed at the
resolutions and conditions of approval.
Councilwoman Bacharach moved, seconded by Councilman Ryan to
approve this project in concept and that staff prepare revised
resolutions containing the revisions recommended by the City
Council. Motion carried unanimously.
SUBREGION 7 & 8 - REQUEST FOR VACATION OF STREETS (701 X 1203 x
1408)
Public Works Director Catherine Reed presented the staff memorandum
of October 1st and the recommendation that the Council adopt
a resolution declaring their intent to vacate certain street within
Subregion 7 & 80
5 OCTOBER 11 1991
Discussion ensued over whether this was an appropriate time to
indicate vacation of the streets since this project is currently
under consideration by the Planning Commission.
Councilman Hughes moved, seconded by Councilwoman Bacharach to deny
this request without prejudice to the applicant. The motion
carried on a 4 -1 vote with Councilman Ryan voting in opposition.
RELOCATION OF CROSSWALK - MIRALESTE LIBRARY (1204 x 1401 X 1503)
Assistant Director of Public Works Kevin Smith presented the staff
memorandum of October 1st and the recommendation that Council
direct staff to proceed with relocating the crosswalk at Palos
Verdes Dr. East at Miraleste Library.
Citing her concerns about this relocation and the resulting
inaccessibility to the loop trail was Sunshine, 6 Limetree.
Parks and Recreation Director Thomas reported on her inspection of
the site and the fact that relocating this crosswalk adjacent to
the library trail would enhance the trail system.
Councilman Ryan moved, seconded by Councilman McTaggart and carried
to adopt the staff recommendation. The suggestion was made that
staff should pursue the acquisition of a trail easement from the
School District on the existing maintenance road.
AMENDMENT TO THE CITY'S GENERAL PLAN - INCORPORATION OF TRAILS AND
BIKEWAY PLAN (701 X 1201 x 1203)
Director Benard presented the October 1st staff memorandum and the
recommendation to amend the Urban Environment Element of the
General Plan to incorporate the Trail and Bikeway Development
Policy and language defining trails categories into the General
Plan.
Mr, Benard said that the language of the General Plan Amendment had
been made more affirmative and more consistent with the language of
the City's General Plan.
A brief Council discussion then ensued relative to whether this
plan could be adopted through a negative declaration instead of an
Environmental Impact Report.
The City Attorney opined that although the plan is comprehensive a
Negative Declaration would be appropriate because this plan would
not have a significant effect on properties within the City; to the
extent that a particular property is effected that issue would then
be addressed when an applicant applied for a development
application.
6 OCTOBER 1, 1991
Councilwoman Bacharach moved, seconded by Councilman Hughes to
amend the language on Category II to stress that these trails
should be included "in conjunction with the review and approval by
the Planning Commission or the City Council of all proposals for
land development or major construction." The motion carried on a
3 -2 vote with Councilmembers Ryan and McTaggart voting in
opposition.
It was the consensus that since this amendment contained exemptions
for certain classes specified in CEQA and since the amendment to
the General Plan addressed these classes that the preparation of a
Negative Declaration for the incorporation of this amendment into
the General Plan would be the most appropriate method of adoption.
Lawrence Burke, 3437 Palo Vista, requested that the Council read
the Fifth Amendment to the Constitution of the United States.
PROPERTY MAINTENANCE PROCEDURE - (1203 x 1701)
Director Benard presented the October 1st staff memorandum which
contained a discussion of the provisions in the Municipal Code
relative to Property Maintenance. He summarized the current
procedures regarding alleged property maintenance code violations
when such complaints are initiated by citizen complaints.
Council discussion ensued relative to how active a code enforcement
program the City could staff, at what stage of disrepair a code
enforcement complaint should be filed, and, the manpower that it
would take for active code enforcement. It was the consensus that
the Solid Waste Subcommittee (Bacharach /Ryan) should examine this
matter and determine if funding from the recycle program could be
used to pay for it,
LOS ANGELES COUNTY PARK, BEACH AND RECREATION ACT OF 1992 - (1201)
Director Thomas presented the October 1st staff memorandum and the
recommendations as follows: (1) that the Mayor be authorized to
send a letter of support for the proposed Los Angeles County Park,
Beach and Recreation Act of 1991; and (2) that the staff be
directed to submit Pt. Vicente Regional Park and Interpretive
Center and the purchase of the Portuguese Bend Fields for inclusion
in . the Act as "specific" projects,
Representing the Palos Verdes Peninsula Land Conservancy was Bill
Ailor who requested the City's support in sponsoring the placement
of a proposition on the ballot which, if passed by the voters of
Los Angeles County, would provide funding to preserve open space
within the County and in particular within the City of Rancho Palos
Verdes. Mr. Ailor cited the efforts of the Land Conservancy in
garnering support for the proposition voted on in 1990 and, even
though that one failed by a small percentage, his organization was
hopeful that a similar bond act would be passed in 1992. He
7 OCTOBER 11 1991
requested that the City prepare a letter similar to the letter sent
in 1990 specifically supporting the $10 million for the acquisition
of natural open space within the City.
Council discussion then ensued relative to the use of this funding
should the proposition pass and if it should be sued to purchase
the Portuguese Bend site now currently owned by the School
District. Since the golf course element of the Pt. Vicente
Regional park and Interpretive Center was considered controversial
in nature and, since the criteria for submittal of specific
projects for this Bond Act disqualified projects that were
considered controversial, staff was requested to prepare an update
on the status of the Pt. Vicente Golf Course for the next City
Council meeting.
Councilwoman Bacharach moved, seconded by Councilman Ryan and
carried that at the October 15th meeting that the staff present a
status report on the Pt. Vicente Golf Course.
It was the consensus of Council to authorize the Mayor to send a
letter in support of the Bond Act,
ORDINANCE NO. 270 - TRANSIENT OCCUPANCY TAX INCREASE (602 X 1501)
Deputy City Manager Rohloff presented the September 19th staff
memorandum and the recommendation that Council introduce this
ordinance amending Section 3.16.030 of the Municipal Code,
increasing the existing 6% Transient Occupancy Tax to 10%.
Mr. Rohloff reminded the Council that at the July 16, 1991 meeting
they discussed a number of possible methods to raise additional
revenue. One of those methods was an increase in Transient
Occupancy Tax from the current rate of 6% to 10%. He said that 10%
was consistent with the rates of surrounding communities as well as
other communities with resort hotels throughout the State of
California.
ORDINANCE NO. 270 OF THE CITY OF RANCHO PALOS VERDES AMENDING
CHAPTER 3.16.060 OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING
TO A TRANSIENT OCCUPANCY TAX was presented by title and introduced
on motion of Councilman Ryan, seconded by Councilwoman Bacharach
and carried.
ORDINANCE NO, 271 - graffiti control (1204 x 12 06 )
Deputy City Manager Rohloff presented the October 1st staff
memorandum and the recommendation to introduce Ordinance No. 271
adding Chapter 9.28 to Title 9 of the Rancho Palos Verdes Municipal
Code, relating to graffiti control within the City of Rancho Palos
Verdes.
With regard to the initiation of abatement proceedings for graffiti
on private property, Council expressed concern for the length of
time that it would take to remove the graffiti, especially in the
case of graffiti that may be considered to be a "hate" nature.
.8 OCTOBER 1, 1991
ORDINANCE NO. 271 OF THE CITY OF RANCHO PALOS VERDES, ADDING
CHAPTER 9.28 TO TITLE 9 OF THE RANCHO PALOS VERDES MUNICIPAL CODE,
RELATING TO GRAFFITI CONTROL WITHIN THE CITY OF RANCHO PALOS VERDES
was presented by title and introduced on motion of Councilman Ryan,
seconded by Councilman McTaggart and carried on the following roll
call vote:
AYES: BACHARACH, HUGHES, McTAGGART, RYAN, AND MAYOR
HINCHLIFFE
NOES: NONE
Staff was directed to prepare a revision to this ordinance which
would address the concern of immediate removal of graffiti with
expenditure of funds to be at the discretion of the City Manager.
It was the consensus that such an amendment could be incorporated
into this ordinance.
HAWTHORNE BOULEVARD AT GRANVIA ALTAMIRA - SIGNAL PHASING (1204 x
1503)
Assistant Public Works Director Kevin Smith summarized the options
for the signal phasing at Hawthorne Boulevard and Granvia Altamira
and the reason why. staff recommended eliminating one crosswalk. He
explained that as part of the improvements to Granvia Altamira it
was decided to allow the center lane to either turn left or proceed
straight. To eliminate the problem of the lead vehicle holding up
traffic, staff recommended that the phasing be split to give
Ridgegate and Granvia Altamira each a separate phase.
With this configuration Granvia Altamira would get a green left
turn arrow and green through all at the same time and Ridgegate
would get the same on a separate phase. To make this phasing work,
staff was recommending that the crosswalk on Hawthorne at the north
side of Granvia Altamira be eliminated.
After a brief Council discussion of both the pedestrian usage and
turning patterns of the traffic at that intersection, it was the
consensus that staff not change the present configuration of the
crosswalk and in the event of any problems with this current signal
phasing that staff should report back to Council.
CITY COUNCIL REPORTS:
Regional Government Conference - Mayor Hinchliffe gave a brief
summary on the conference that he attended where the subject of
discussion was Regional Government.
Mailer from the Peninsula Preservation - Mayor Hinchliffe
expressed. his concern about the information presented in this
mailer and a brief discussion ensued whether the City should
prepare a response to it. No action was taken.
9 OCTOBER 1, 1991
CITY MANAGER REPORTS
STATUS OF DIRECTIVES - Council requested that an item regarding
the timetable for fiscal matters be placed on the Status of
Directives. Also staff was requested to modify the timetable on
the traffic controls at Lucania.
LEGISLATION
Staff was requested to inquire about the League Workshop that was
being held to discuss the 1972 Lighting and Landscaping District
Act and find out if any changes had been made to that Act.
PAINTING OF HOUSE NUMBERS
Deputy City Manager Rohloff presented the October 1st staff
memorandum and the request that Council provide direction to the
staff relative to the painting of addresses on curbs.
Regina Howarth, 8724 Donovan St., Downey, representing Residential
Addressing Service, told the Council that they have beenin the City
since 1985, that they have had minimum complaints and references
from other cities. Also, that their employees are bonded. She
referred to her business license application which she said had
been returned by the City.
Subsequent Council discussion and inquiries centered on whether
this company had a business license and it was the consensus that
curb painting services could not require residents to notify them
that they did not want their house numbers painted on the curb and
that the service could only ask for a donation to cover the cost of
painting.
PARCEL MAP N0.18947 FOR - 7 WINDPORT DRIVE (1203 X 1410)
Director of Environmental Services Benard presented the staff
memorandum of October 1st and the background on this zone change in
anticipation of the Planning Commission taking final action on this
project at their October 8th meeting. He reported that the City's
one year administrative time -limit to process the Environmental
Impact Report expired on September 25, 1991. The applicants,
Wallace Pollock and Capellino Brothers Construction, granted the
City a time extension to November 6, 1991, The City Council would
now have to consider certification of the final E.I.R., the
proposed zone change and possibly the appeal of the Planning
Commissions action on the Tentative Parcel Map and Grading Permit
prior to that date.
Appearing for the applicant was their attorney Tim Burrell, 57
Marguerite Drive, who requested that the Council consider putting
10 OCTOBER 1, 1991
this issue on their October 29th agenda. Mr. Burrell stated that
his clients were unwilling to extend the time limit on the parcel
map again.
'Relative to the agenda for October 29th, Council was concerned
about the amount of time needed to discuss the trails plan at the
workshop and how much time it would require to discuss this
tentative parcel map.
Councilwoman Bacharach moved, seconded by Mayor Hinchliffe that
this matter be heard at the November 6th meeting. Motion carried.
ADJOURNMENT
At 12:31 A.M. the meeting adjourned on motion of Cou cilman Ryan,
seconded by Councilwoman Bacharach and carried.
ATTEST:
CITY CLERK
2MIN100191
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MAY
11 OCTOBER 1, 1991