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CC MINS 19900116M I N U T E S RANCHO PALOS VERDES CITY COUNCIL CLOSED SESSION Hughes at Hesse and immediately personnel. The session was he14 54956.9a. REGULAR MEETING JANUARY 16, 1990 At 6 :30 P.M. the meeting was called to order by Mayor Park Community Center, 29301 Hawthorne Blvd. recessed to a closed session to discuss City Attorney announced that the closed 1 pursuant to Government Code Section At 7 :30 P.M. the meeting reconvened with no action taken. The Pledge of Allegiance to the flag was then recited. Roll call was answered as follows: PRESENT: McTaggart, Hinchliffe, Ryan, Bacharach and Mayor Hughes Also present were City Manager Dennis McDuffie, Environmental Services Director Robert Benard, City Attorney Ariel Pierre Calonne, Deputy City Manager Mark Rohloff, Public Works Director George Wentz, and City Clerk Jo Purcell. The City Attorney announced that the Council had held a closed session pursuant to Gov't Code Section 54956.9 (a) to confer, with or receive advice from legal counsel regarding pending litigation as defined in said section, and that the case of Peter & Daphne Clarke Vs. the City of Rancho Palos Verdes was discussed. WAIVER OF FULL READINGS Councilman Hinchliffe moved, ORDINANCES AND RESOLUTIONS seconded by Councilman Ryan 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 councilmembers after reading of the title of such ordinance or resolution. APPROVAL OF AGENDA The agenda was approved by Councilwoman Bacharach, seconded by Councilman Hinchliffe and carried. R CONSENT CALENDAR The consent calendar was approved by Councilman Hinchliffe, seconded by Councilwoman Bacharach and carried. REPAIR OF MIRALESTE TENNIS COURTS (1201) AGREEMENT FOR CONTINUED DISPLAY OF VANDERLIP MODELS (1201) to extend the display period January 1, 1991. Authorized Public Works to make repairs to the Miraleste Tennis Courts at a cost not to exceed $4,500. Authorized the Mayor and City Clerk to execute the proposed agreement with Rancho De Los Palos Verdes Historical Society of the Vanderlip models to AMENDMENT TO RTD AGREEMENT Authorized the Mayor and City INTERAGENCY TRANSFERS (1505) Clerk to sign the amendment to the RTD Interagency Transfer Agreement for reimbursement of the printing and handling costs ($2.72\1000 transfers plus handling charge). EXTENSION OF RTD AGREEMENT Authorized the Mayor and City FOR THE CONTINUATION OF LINE Clerk to sign an amendment to 685 UNTIL JUNE 30, 1990 the RTD agreement for the (1505) continuation of line 685 and request full reimbursement for its operation from the MAX Policy Steering Committee. EXTENSION OF PV TRANSIT Authorized the Mayor and City AGREEMENT WITH PALOS VERDES Clerk to sign an agreement ESTATES (1505) with the City of Palos Verdes Estates to extend PV Transit service until ,Tune 30, 1990 and reduce the fare for the occasional Palos Verdes Estates resident to $2.00. RESOLUTION NO. 90 -01 Adopted RESOLUTION NO. 90 -01 REGISTER OF DEMANDS 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: NOES: RESOLUTION C.U.P. 150 (1804) McTaggart, Hinchliffe, Ryan, Bacharach and Mayor Hughes None NO. 90 -02 The Mayor declared the hearing open and the City Clerk announced that notice had been duly published. The City -2- ,TAN. 16, 1990 Manager presented the staff report of January 16th and the recommendation to deny the appeal. There being no response to the Mayor's call for public testimony Councilwoman Bacharach moved, seconded by Council- man Hinchliffe, to close the public hearing. The motion carried unanimously. RESOLUTION NO. 90 -02 DENYING THE APPEAL OF CONDITIONAL USE PERMIT NO. 150 AND SIGN PERMIT NO. 458, THEREBY DENYING CONDITIONAL USER PERMIT NO. 150, AND APPROVING SIGN PERMIT NO. 458, REQUIRING THE REMOVAL OF THE EXISTING POLE SIGN BY JANUARY 30, 1990 AND ALLOWING THE REFACING OF OTHER EXISTING SIGNS AT 29019 S. WESTERN AVENUE was presented by title and adopted on motion of Councilman Hinchliffe, seconded by Councilman Ryan. The motion carried on the following roll call vote: AYES: McTaggart, Hinchliffe, Ryan, Bacharach and Mayor Hughes NOES: None DEVELOPMENT CODE AMENDMENT The Mayor declared the public NO. 26 - ORDINANCE NO. 250 hearing open and the City Clerk (201) reported that notice had been duly published. The City Manager presented the staff memorandum of January 16th and their recommendations to: conduct a public hearing on the merits of the California Coastal Commission modifications to Development Code Amendment No. 26, accept the modifications, and introduce Ordinance No. 251 amending various sections of the Development Code. Council briefly discussed the standards of the development guidelines; concern was expressed that the marine theme concept be somehow maintained in the documents of this code amendment. There being no response to the Mayor's call for public testimony, Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to close the public hearing. The motion carried. ORDINANCE Na. 25'_0 OF THE CITY OF RANCHO PALOS VERDES READOPTING DEVELOPMENT CODE AMENDMENT NO. 26, AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION, BY AMENDING CHAPTERS 16.04, 17.16, AND 17.24 OF THE RANCHO PALOS VERDES MUNICIPAL CODE was presented by title and INTRODUCED on motion of Councilman Ryan, seconded by Councilman Hinchliffe and carried. -3- JAN. 16, 1990 ISLAND VIEW LANDSCAPING (1411) parties and incorporate document which would be Consent Calendar at the The City Manager presented the recommendation to review the comments from interested appropriate changes into a final presented for final approva 1 on the January 30th meeting. Tom Coull, 49 Santa Catalina, suggested that the sycamore tree be removed and be replaced with a limited growth tree' that would not impact views. Mr. Al Voce, 5810 Sunmist, requested that all of the trees and shrubs be removed. Norm Taylor, 5752 Sunmist agreed with the removal of the trees. Councilman McTaggart moved, seconded by Councilwoman Bacharach that staff prepare the final agreement as proposed and make a recommendation on a not to exceed amount for the cost of the removal of the trees. COMMITTEE APPOINTMENTS BOARD OF ZONING- a brief dis- C[36) cussion ensued regarding the formation of a board that would oversee minor exception permits and height variations, the rations Wbeing that this would relieve some of the work load and reduce the logjam at the Planning Commission level. Staff is preparing a report on such a board and the subject will be discussed at the February 26th meeting. Barbara Kennard, 3402 Deluna Drive, reported that Planning Commissioner Luella Wike was out of town because of a death in her family and consequently could not be at this meeting. She requested that Council consider delaying appointment of Planning Commission members until Mrs. Wike's return. PLANNING COMMISSION Mayor Hughes moved, seconded by ('106 x 1203) Councilman Hinchliffe, to consider the appointment of all five Planning Commissioners at this meeting. The City Attorney alluded to the Maddy Act and the requirement for noticing should five appointments and not only three appointments be made to the Planning Commission at the meeting. The motion carried on the following roll call vote: AYES. Hinchliffe, Ryan, Bacharach and Mayor Hughes NOES. Mayor Pro Tem McTaggart After voting by the City Council (Exhibit "A "), the following Planning Commissioners were appointed to serve until December 1993: Susan Brooks, Charles Hotchkiss, and Robert McNulty. The following commissioners were appointed to serve until December 1991: Robert Katherman, and Peter Von Hagen. -4- JAN. 16, 1990 Councilman McTaggart moved, seconded by Mayor Hughes to declare the vote unanimous. The motion carried on a 4 -1 vote with Councilman Ryan voting in opposition. Councilwoman Bacharach moved, seconded by Mayor Hughes to appoint Peter Von Hagen Chairman of the Planning Commission. The motion failed on the following roll call vote: AYES: McTaggart, Bacharach NOES: Hinchliffe, Ryan and Mayor Hughes. Councilman Hinchliffe moved, seconded by Mayor Hughes to appoint Robert McNulty as Chairman of the Planning Commission. The motion carried on the following roll call vote: AYES: Hinchliffe, Bacharach, and Mayor Hughes NOES: Mayor Pro Tem McTaggart and Ryan VIEW RESTORATION COMMITTEE After voting by the City C "'106 x 1801) Council ( Exhibit "B ") , the following members were appointed to serve until December 1993: Jon Cartwright, Lyle Quatrochi, Warren Sweetnam, and Paul Weisz. The following members were appointed to serve until December 1991: Larry Clark, Edward Murphy, and Gail Lorenzen. The following alternates were appointed: Sally Burrage, to serve until December 1993; and, Jennifer Boudreau and Norman Eastwood to serve until December 1991. On motion of Councilwoman Bacharach, seconded by Councilman Hinchliffe and carried Larry Clark was appointed the committee chairman, TRAFFIC COMMITTEE After voting by the City (106 x 1502) Council (Exhibit "C "), the following members were appointed to the Traffic Committee to serve until December 1993; Margaret Blue, Richard Mills, and James Sarner. Councilman Ryan moved, seconded by Councilman McTaggart to appoint Margaret Blue as chairwoman of this committee. The motion failed on a 3 -2 vote with Councilmembers Bacharach, Hinchliffe and Mayor Hughes voting in opposition. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to appoint Robert West Chairman of this committee. The motion carried unanimously. TRANSIT ADVISORY COMMITTEE The following members were (106 x 1505 ) appointed ( Exhibit "D") to serve until December 1993 on motion of Councilman Ryan, seconded by Councilwoman Bacharach and carried unanimously; Arvid Von Nordenflycht and Ludwig Zelt. Councilwoman Bacharach moved, seconded by Councilman -5- JAN. 16, 1990 Ryan and carried unanimously to appoint Marion Smith as chairwoman of that committee. TRAILS COMMITTEE After voting by the City (106 x 1201) Council (Exhibit "E "), the following members were appointed to serve until December 1993: Jean Longacre, Anke Raue, and Judy Schnerk. Councilwoman Bacharach moved, seconded by Mayor Hughes to appoint Barbara Dye as Chairwoman of that committee. The motion carried on a 3 -2 vote with Councilmembers Hinchliffe and Ryan voting in opposition. RECESS At 9 :30 P.M. the Mayor declared a recess. The meeting reconvened at 9:44 P.M. AUDIENCE QUESTIONS: Lois Larue, 3136 Barkentine, made reference to a range of subjects: the Watt Development and its original configuration REQUESTING 64 homes; expressed her concern about the amount of fill being removed from the canyon at the A &H Development; and, inquired about the inspection of the grading and whether the fill being removed was being checked for accuracy. Staff responded that a paleontologist and archaeologist are on site at all times during the grading and staff is responsible for development monitoring and the level of compliance of the developer. PUBLIC GOLF COURSE The City Manager presented (1201) his January 16th memorandum and the recommendation as follows: (1) Approve in concept the revised City Hall /Point Vicente Program of Utilization. (2) Authorize the em- ployment of a consultant to prepare the appropriate environmental documents on the revised City Hall /Point Vicente Utilization Plan for an amount not to exceed $10,000 appropriated from the contingency fund. Council comments then centered on the desirability of performing appropriate environmental review prior to approval of the utilization program. With use of an artist concept of the site, discussion then covered the design and configuration of the proposed amphitheater, the village green, location of City Hall, arrangements necessary for operating during the construction period, cost of temporary relocation of City Hall, cost of the Senior Citizen Center, and the necessity of a more detailed financial plan. Concern was expressed about the watering of the golf course and if recycled water would be used. -6- JAN. 16, 1990 Speaking in support of this project were the following: Alex Billings, 32700 Coastsite; Marvin Lester, 5937 Armaga Springs Rd.; Frank Smetana, 28043 Lobrook; and Ron Stankey, 6940 Starstone Dr. They cited the revenue to the City and improved property values. Speaking in opposition to this development was Lois Larue, 3136 Barkentine, who quoted a newspaper article regarding the use of insecticides and pesticides for golf courses and the resultant contamination to the ocean. Larry Clark, 3354 Corinna Dr., representing the Rancho Palos Verdes Council of Homeowners Associations requested that the City prepare some kind of a road map and timef rame for this project and that it be made available to the Homeowners Association. Erica Stuart, 80 Narcissa Dr., inquired whether the financial difficulties that VMS is experiencing would effect this project. Richard Bara, #1 Peppertree Dr., questioned the 19 million dollar bond issue and the services necessary to repay the indebtedness. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to adopt the staff recommendation. Council discussion ensued regarding the wisdom in proceeding without getting some kind of approval from the GSA. With the permission of the second the motion was amended to request that staff get+a conceptual letter of approval from the Federal agency. The motion carried on the following roll call vote: AYES: McTaggart, Hinchliffe, Ryan, Bacharach and Mayor Hughes NOES: None GRADING PERMIT No. 1309- The City Manager McDuffie APPEAL (1801) presented the January 16th memorandum and the recommendation to deny the appeal to dedicate an equestrian trail easement along the southeast side, rear and front yards, thereby sustaining the Planning Commission's approval of a single family residence at 5321 Ironwood, provided that the applicant submit an irrevocable offer to dedicate only a pedestrian trail easement and a fire access easement. Dave Wendorff, 2315 Lomita Blvd., representing Knickerbocker and Associates, told the Council that they are willing to dedicate the property as either an equestrian or a pedestrian trail, that they now have their grading plan approved and don't want to hold up this project any longer. -7- ,TAN. 16, 1990 Sunshine, 6 Limetree, who reiterated her request for an equestrian trail easement. Linda Kalman, 5332 Ironwood, told the Council that she lives across the street from this proposed development and described what she felt was an unsafe situation with the wall on the eastern side of the driveway. She said that this wall is five feet tall at the sidewalk and reduces the sight distance when exiting from the easement onto Ironwood. Councilman McTaggart's motion to support the staff recommendation died for lack of second. Councilwoman Bacharach moved, seconded by Councilman Ryan to grant the appeal and accept an irrevocable offer to dedicate a pedestrian trail easement with equestrian access and decide the level of use at a later time. The motion carried on a 4- 1 vote with Councilman McTaggart voting in opposition. Since some confusion existed regarding the Ownership of the wall it was the consensus that staff would work with the applicant on this issue. (At 12:40 A.M. Councilman Ryan was excused from the meeting). ORDINANCE NO. 251= The City Manager presented the SANITARY SEWERS (1402fx 201)1-, recommendation to (1) introduce Ordinance No. 251 adopting by reference Los Angeles County Code title 20, Utilities, Division 2, Sanitary Sewers and Industrial Waste, and (2) set a public hearing and direct the City Clerk to notice hearing. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to introduce ORDINANCE NO. 251 ADOPTING BY 'REFERENCE LOS ANGELES COUNTY CODE TITLE 20, UTILITIES, DIVISION 2, SANITARY SEWERS AND INDUSTRIAL WASTE. The motion carried on a 4 -0- vote, (Councilman Ryan absent.) LANDSLIDE MORATORIUM Based upon the fact that he EXEMPTION NO. 34 (1801) at one time owned this property, Councilman Hinchliffe excused himself from the discussion of this item. City Manager McDuf.fie presented the staff recommendation to approve the proposed exemption for only the following, subject to conditions: (1) that an existing 632 square foot deck located in the side and rear yards, and (2) a existing 284 square foot storage area underneath the deck located in the side and rear yards. The property owner, Don Pierson, 131 Yacht Harbor Drive, presented a prepared statement and photographs of his -8- JAN. 161 1990 A property which showed the deck and patio which was the subject of code enforcement. (His statement and photographs are on file with the City Clerk's off ice . ) Council inquiries were then made about the spa and, since it was a plug -in appliance, there was a question whether or not it was subject to the provisions of the Building Code. Councilwoman Bacharach moved, seconded by Mayor Hughes to grant an exemption for the three areas requested (1. A Coastal Permit, because the residence is located in the Coastal Zone, 2. A Variance application, because the structures exceed the 250 square feet allowed in the Coastal Setback Zone. 3. A Variance application for the patio enclosure because it is within the front yard setback.) and that the applicant be allowed to proceed with the normal permit process. The motion carried on a 3 -0 vote with Councilmembers McTaggart, Bacharach and Mayor Hughes voting in support, Councilman Hinchliffe abstaining. (Councilman Ryan absent.) CITY COUNCIL REPORTS: SCHOOL BUS SERVICE (1401) Giving some background on the cutback of school bus service for the Peninsula, Councilwoman Bacharach requested that the City send a letter to the School District requesting that they appoint a" Home To School Committee" to oversee the school transportation problem. It was the consensus that Mayor Pro Tem McTaggart while attending the January 17th Sanitation District meeting would approach the other Peninsula mayors regarding this issue. DISASTER SURVIVAL (401) Mayor Pro Tem McTaggart pre- sented the booklet which con- tained disaster preparedness suggestion resulting from the City of San Juan Puerto Rico's experience during the September 19, 1989 hurricane. Mayor Hughes appointed himself and Councilwoman Bacharach to the Council Emergency Preparedness sub - committee. ETHICS (1202) Councilman McTaggart said that he put this on the agenda and perhaps the City Council should consider a retreat for discussion of various items. He stated his opposition to the Planning Commission appointments made at the meeting, suggested that the committees need some instruction from the City Attorney on how to deal with people and developers on the City's behalf. -9- JAN. 16, 1990 With regard to the title of items placed on the agenda by City Councilmembers, Councilwoman Bacharach moved, seconded by Councilman McTaggart that whenever councilmembers add items to the agenda, whether it be at the time of the preparation of the agenda or at the City Council meeting that a brief description of the item be given to the City Clerk. Motion carried unanimously. LUNADA POINTE GRADING Environmental Services (1801) Director Benard presented the January 16th staff memorandum which gave an overview of what is taken place at Lunada Pointe (Tract # 40640) and in particular with regard to the grading of basements for the houses in that development. A lengthy discussion ensued about the effects this may have on geology, whether the houses are being built within the prescribed area of the lots, how the code addresses such issues, if the City Council could appeal these projects; and the authority that the Council would have in appealing this grading inasmuch as this grading did not meet the intent of the approval for this project. Richard Bara, #1 Peppertree, commented on the size and bulk of these houses. It was the consensus that the City Attorney would review the ability of the City Council to appeal the grading being done at this tract. CITY MANAGER REPORTS: STATUS OF COUNCIL DIRECTIVES Safety contract. 1990 HOLIDAY SCHEDULE (1202) recommendation: Monday, May 28 Wednesday, July 4 Monday, September 3 Thursday, November 22 Friday, November 23 Monday, December 24, through Council requested that they be provided with a copy of the RFP's on the Building and Councilman Hinchliffe moved, seconded by Councilman McTaggart to approve the staff Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving 1994 Holiday Schedule Tuesday, January 1, 1991 -10- JAN. 16, 1990 A four (4) hour floating holiday to be used at the employee's discretion with the approval of his/her department head. The floating holiday only pertains to regular full time employees who have completed probation status prior to December 1, 1990. The floating holiday must be used before December 24, 1990. PUBLIC WORKS SAVINGS (1204) The City Manager presented the January 11th staff memorandum as part of an ongoing report to the Council to periodically report on significant savings or improvements the City has realized from selected departments. This report dealt with savings in the Public Works Department. 0 ADJOURNMENT * High School for a ATTES CITY CLERK At 10*05 A.M. the meeting adjourned to 7:30 P.M. on January 22, 1990 at Miraleste public workshop with the Trails Committee. MAYOR' -11- JAN* 16 r 139 0 1) 1) �P7JANN ING-- COHMISS29N qRAMCH0 PALDS V=ES Co ur,c� I member 7jQQ:-r6 %dCaLim Mo�{or Tern MCTh C Lnci tree ; �� e bars Rvcin Badiargach Huahes NUMBER of vams f ERM of or�tCE CH A IA John P. Alexander Kay Bara Now san Brooks r aret Blu an Carlan V// Barbara Dye Y i Marilyn Eastwood Al Edgerton Charles B. Hotchkiss 0�3 John W. Jaacks — Robert Katherman e3 R. Edward Kerr Bali Mahajan 4. Robert McNulty Arvid Von Nordenfl cht Steven E. Oates Eric J. Paris James Sia den Peter Von Hagen Luella Wike Ludwig 0. Zelt 1 * Presently Serving on commission, ` L t -�-� ! q fK- W Pg. 1 of Exhibit "A" JAN 16, 1990 VIEW RESTORATION COMMITTEE -� "/ 7 lql T — q q? C,our,c� I n^embex Co�,ci da-� °r ProTem M c ar Counu 1me H i rr.H l4e bcr5 R a.h Sack, am h Mayor Nu des NUMBER of voTES TERM of oFF 1 CE �A l� Jennifer Boudreau Chris Brines Sally Burrage Jon S. Cartwright ,/ !/ 3. . �er�r�ee- EarttNrt �t . Francis J. Catanzarite Larry Clark I/ M ;. . -0000w-� horraine-RT-Dyda Norman W. Eastwood V Gail Y. Lorenzen Edward A. Murphy vloe v Lyle W. Quatrochi Warren Sweetnam Paul H. Weisz 600 MEMENMEEM i f Pg. 1 of Exhibit "B" JAN. 16, 1990 'A VIEW RESTORATION COMMITTEE 1 PALDSV�Es Cour,u ! n�es,r,ber `a a Yor -a7em M c Ta ar Counclirrermbers nC� R an 8aci arach Mayor Nu hes NUMBER of VOTES TERM of FF 1 CE CHA 1,R Jennifer Boudreau Chris Brines Sally Burrage 3 Jon S. Cartwright neftnee- Eartwr# ht Francis J. Catanzarite c Larry Clark Lorraine- �- -�yc�a Norman W. Eastwood L1000e V �" too( Gail Y. Lorenzen Edward A. Murphy Lyle W. Quatrochi Warren Sweetnam Paul H. Weisz I t i � I ; Pg. 2 of Exhibit "B" JAN. 16, 1990 I 1RANCHO PALDSVERDES TRAF-JiNbeft.COMMITTEE in Co ur,c ► i rre_mber L0 .r�C1 U Gam mayor 1;-oiem M Ta f Coup u i me ber5 an Ba ch May or H u h e s U MBER o f VOTES i elzm of OFFICE A Margaret R. Blue Peniamin R. Chavdarian Earl Griswold Kenneth Holt Stephen E. Katz Florence Marshall Richard C. Mills V/ V/00" V0,4000, James C. Sarner ' William D. Simpson -v 1 * Presently Serving on this Committee, a I? ) �cz i 0", 0-"�r Pg. 1 of Exhibit "C" JAN. 16, 1990 TRANSIT ADVISORY COMMITTEE a PkESVHRIDES Counc� Irnember o Mayor C Coun u I me b bexs M Bach arac h H May or N NU ME5� T TER M Arvid Von Nordenflycht ✓ ✓ ✓ ✓ Ludwig Zelt I I Presently Serving On This Committee, Pg. 1 of Exhibit "D" JAN. 161 1990 * 1;Z!RANtC-%H0 PALDS VERDES TRAILS COMMIXTZE Co unc ► i rre rnicer �y °r -oTem M �Ta art Coun u i rune �; nC� � � � berS R a.n Bach amc h Mayor Hu hes 9 uMzeR OF VOTES - E: R M OF 0 CE d William T. Coffman Jean Longacre V/00'wwww� Mickey Masdeo Stephen E. Mirich VX Vir inia Padilla i Alfred H. Peschel Anke Raue G � Judy Schnerk / G , 05;� V1 1 ' * Presently Serving On This Committee, Pg. 1 of Exhibit "E" JAN. 16, 1990