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CC MINS 19900130 ADJM I N U T E S RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING JANUARY 30, 1990 The meeting was called to order at 6:30 P.M. by Mayor Melvin W. Hughes at Hesse Park Community Center, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file. The meeting immediately recessed to a closed session to discuss personnel. The City Attorney announced that the closed session was held pursuant to Government Code Section 54956.9a. The regular business meeting was called to order at 7:30 P.M. by Mayor Hughes. The Pledge of Allegiance to the flag was then recited. Roll call was answered as follows: PRESENT: MCTAGGART, RYAN, BACHARACH AND MAYOR HUGHES ABSENT: HINCHLIFFE Also present were City Manager Dennis McDuff ie, Deputy City Manager Mark Rohloff, Environmental Services Director Robert Benard, Public Works Director George Wentz, City Attorney Ariel Pierre Calonne, City Clerk Jo Purcell and Recreation and Park Director Mary Thomas. WAIVER OF FULL READING Councilwoman Bacharach moved, ORDINANCES AND RESOLUTIONS seconded by Councilman McTaggart and carried to waive reading in full of all ordinances and resolutions adopted at this meeting with consent to the waiver of reading deemed to be given by all councilmembers after reading of the title of such ordinance or resolution. APPROVAL OF AGENDA The agenda was approved as follows on motion of Councilwoman Bacharach, seconded by Councilman McTaggart and carried. CONSENT CALENDAR After moving the Request for multi -way stop signs at the intersection of Rue De La Pierre and Rue Langlois /Rue La Fleur; the agreement for Consulting Services with Joyce Chambers Selber and the residential refuse agreements penalty clause, to the end of the meeting, the Consent Calendar was approved as follows on motion of Councilman McTaggart, seconded by Councilwoman Bacharach, MINUTES Approved the minutes of December 22, 1989, January 2, 7, and 14, 1990. ORDINANCE NO. 250:' DEVELOPMENT CODE AMENDM NO. 26 (201) COMMISSION, BY AMENDING THE RANCHO PALOS VERDES Adopted ORDINANCE NO. 251 ENT READOPTING DEVELOPMENT CODE AMENDMENT NO. 26, AS MODIFIED BY THE CALIFORNIA COASTAL CHAPTERS 16.04, 17.16 AND 17.24 OF MUNICIPAL CODE. LEGISLATION: SCA 2 - Supported SCA 2 - General (LEONARD) (306) Obligation bonds - Reduction in voting requirement to simple majority. ISLAND VIEW LANDSCAPING (1) Approved the final Land - AGREEMENT (1411) scape Covenant for the re- moval, pruning, relocation and replacement of trees in Island View Meadow Park and the park perimeter strip. (2) Directed the staff to proceed with implementation of the agreement. RESOLUTION NO. 90 -04 Adopted RESOLUTION NO. 90 -4 REGISTER OF DEMAND 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: McTAGGART, HINCHLIFFE, RYAN, BACHARACH AND MAYOR HUGHES NOES: NONE REFUSE COLLECTION AND The City Manager presented the DISPOSAL SERVICES Refuse Subcommittee (605 x 1301) recommendation that the City Council authorize preparation of a multiple family residential refuse agreement with Western Waste Industries for the disposing of all multiple family residential refuse in the City, except for the curbside service area already served by Ivy Disposal Service, for a period of five (5) years commencing on March 1, 1990. Council inquiries then focused on whether any homeowner associations had entered into agreements with some of the trash haulers; how this agreement could affect those existing agreements; how these proposed rates compared with the rates currently being paid; how the trucks could make the pick -ups at the various locations, considering different types of bins existed at some of the dwellings. -2- JANUARY 30, 1990 Councilwoman Bacharach moved, seconded by Councilman Ryan that staff prepare an agreement for Council agenda on February 20th. The motion carried on a 3 -1 -0 vote with Councilman McTaggart voting in opposition. MORATORIUM EXEMPTION NO. 32 The City Manager presented the - LOCATION 99 VANDERLIP DR. January 30th memorandum (1801) and the recommendation to deny the request for approval of a moratorium exemption to apply to construct a pool in the Landslide Moratorium area. The applicant John Vanderlip, 99 Vanderlip Drive, told the Council that this was a serious application and he hoped that they would approve it. He referred to a letter from his doctors recommending pool exercise for his health. Art Keene, 2601 East Victoria, Rancho Dominguez, explained that the Vanderlip home is in the ancient landslide area and that there has been no movement in a very long time. Council inquiries then centered on the expenses of a geological investigation and whether Mr. Vanderlip would be agreeable to paying for that technical and geology review. Other Council comments centered on the necessity of this review by the panel of geologists; whether this was a geologic decision or a political decision; if similar reviews would be necessary for requests from other residents in the area, and the fact the panel could possibly provide the Council with some insight. David Breiholz, 1352 Lomita Boulevard, the applicant's engineer, described the mitigating measures built into the design of the pool to prevent water from getting into the ground surface. He further explained the dual shell concept as an additional precaution and described the drainage system to collect any water around the pool and how it would be sent into a pond that presently exists on the property. Art Keene, explained that the pond would receive water from the pool only when it needs to be drained and this will pre- vent water from going into the slide area. Councilwoman Bacharach moved, seconded by Councilman Ryan to study this site to see if the area is different from the landslide area and that the City pay for the analysis. Discussion then ensued to clarify the analysis and it was the consensus that the staff would review the documents and would ask the technical panel to review and comment on the whole issue of swimming pools in the moratorium area outside of the landslide. Erica Stuart, 80 Narcissa Dr., commented that it would appear -3- JANUARY 30, 1990 that the matter should be judged on the merits of the case and not on the basis of it leading to another law suit. The motion carried unanimously. HEIGHT VARIATION NO. 583 - The City Manager presented the 26833 HYTE ROAD (1804) January 30th memorandum and the recommendation to deny the appellant's request to overturn the Planning Commission's approval of a second story addition. Speaking in opposition to this height variation were the following area residents: Charles Rennie, 26837 Grayslake Road; Robert Kasse, 6021 Mossbank; Chet Yabitsu, 26821 Grayslake Rd; Beverly Rhodes, 26829 Hyte Rd; Mr. A. Luerken, 26843 Grayslake Rd. These residents stated their objections to the height variation and to the possible cumulative impact this would have on their neighborhood. They referred to a survey of the neighborhood wherein 52% of the people contacted objected to the project. (That survey is on file with the City Clerk's Office.) Several of their concerns centered around the fact that the homes in this area are single story low profile homes and that some of the additions have a "tacked on" look. Another concern cited was the incompatibility with the neighborhood. Patricia Tsao, 26833 Hyte Road, explained the process that she and her husband went through in arriving at the proposed design. She explained the inappropriateness of extending the first story and the fact that one of the bedrooms would have no windows if the addition was restricted to the first story. Hon -Po- Steven Ching, 26833 Hyte Rd., distributed a prepared statement, and read from that statement. (This statement is on file with the City Clerk's Office.) Mr. Ching requested that the requirements on Exhibit "A" of the proposed resolution be modified and that No. 5 & 6 be eliminated. The City Attorney opined that under the requirements of Proposition M, the Council would be required to determine whether this proposed structure was compatible with the immediate neighborhood character and whether the proposed structure impaired a significant view or viewing area from another parcel. Council then discussed the fact that when certain trees are removed this will significantly increase the amount of City light viewing area; the fact that the plans show that the proposed structure will not have a "tacked -on" appearance; and that compatibility does not prohibit a second story. Additional Council discussion followed which clarified whether the master bedroom had one or two windows and whether -4- JANUARY 30, 1990 it was possible to soften the appearance of the wall through some architectural treatment. Councilman Ryan moved, seconded by Councilwoman Bacharach to deny the appeal and direct staff to prepare a resolution for adoption at the next meeting. Motion carried unanimously. RECESS AND RECONVENE At 9:50 P.M. the Mayor declared a recess. At 10 :00 P.M. the meeting reconvened. AUDIENCE QUEST-IONS, Lois Larue, 3136 Barkentine Rd., spoke about the A &H Development (formally the Watt Project) and whether the amount of fill being taken out of that site exceeded what was permitted by the conditions of approval. Ms. Larue presented a series of pictures of the canyon to support her testimony. Council then inquired whether it was possible to have a tour of this development. It was the consensus that staff would set a date for such a tour and they would find out whether members of the public could be invited. Staff commented that the grading activity on the site is being constantly monitored and that activities are occurring in compliance with the conditions of approval. CHANGE IN AGENDA Councilman Ryan moved, seconded by Councilwoman Bacharach and carried to re -open the agenda and to change the order of business. Councilman Ryan moved, seconded by Councilwoman Bacharach to discuss the proposed stop sign resolution. RESOLUTION NO. 90 -05 - The City Manager presented the STOP SIGN AT RUE LANGLOIS January 30th staff memorandum AND RUE LA FLEUR (1502) and the proposal to adopt a Resolution establishing stop regulations at the intersection of Rue Langlois and Rue la Fleur. A brief Council discussion ensued regarding the pros and cons of prohibiting a left turn at this location versus the installation of a stop sign. Speaking in support of the stop sign was Mr. V.J. Peroni, 30509 Rue Langlois who reported on the number of concerned people in the area who are in favor of installing this stop sign. He gave a background on the dangerous traffic condition existing at the location. Also speaking in support of this stop sign was John Shannon, 30523 Rue De La Pierre. -5- JANUARY 30, 1990 RESOLUTION NO. 90 -05 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING STOP REGULATIONS AT THE INTERSECTION OF RUE LANGLOIS AND RUE LA FLEUR was presented by title and adopted on motion of Councilman Ryan, seconded by Councilwoman Bacharach. PUBLIC ART CONSULTANT The City Manager presented the AGREEMENT (1201) staff report of January 30th and the recommendation that the City Council authorize the Mayor and City Clerk to execute an agreement employing a Public Art Consultant for an amount not to exceed $8,000. Council inquired what this consultant's contract would produce; how this art would be incorporated into developments; the amount of staff time on implementing this type of a program; the complexity of setting up this program; the establishment of a percentage fee for the implementation of this program. Councilwoman Bacharach's motion to approve $4,000 f or this contract died for lack of a second. It was the consensus that this item be brought back on the February 6th agenda and that the consultant make a presentation to explain the contract. RESIDENTIAL REFUSE AGREEMENT The City Manager presented the PENALTY CLAUSE (605 X 1301) staff memorandum and the recommendation to authorize the Mayor and the City Clerk to sign amendments to the agreements for refuse collection and disposal services with waste Management of California, Inc. and Ivy Rubbish disposal to allow for the addition of a delinquent account penalty clause. During Council discussion concern was expressed about the amount of City involvement in this delinquent billing and whether the time proposed for the onset for delinquent billing was too short and should be extended. The City Attorney explained the possible conflict of interest inasmuch as his firm represents Waste Management. He stated that Terry Trumbull of their office would be working on this subject with him. It was the consensus of Council that the agreement contain a lengthier billing period before the bill is considered delinquent. Councilwoman Bacharach moved, seconded by Councilman Ryan to bring this refuse agreement penalty clause to the February 6th meeting. The motion carried unanimously. CITY COUNCIL REPORTS: OFF SHORE OIL DRILLING Referring to the newspaper article regarding -6- JANUARY..: 30 , 1990 Congressman Rhorbacher's bill requiring the Federal Government to share royalties from new off shore oil and gas production with coastal cities effected by drilling, Councilwoman Bacharach moved, seconded by Councilman McTaggart to authorize the Mayor to send a letter stating that this city agrees with the City of Palos Verdes Estates and we don't want off shore oil drilling nor the royalties derived from drilling under any circumstances. The motion carried unanimously. RECYCLING Councilman Ryan inquired about the possibility of determining whether the City could impose a tax on newspapers based on the fact that they do not use recycled paper. This tax would serve to incentivize the use of recycled paper. It was the consensus that the City Attorney should research this matter and find out if the City could implement such a tax. A suggestion was made that this also be presented to the South Bay Cities and the League of California Cities. Council requested that staff verify whether the City's recycling Newsletter is being sent to all of the newspapers and League of California Cities. Council also expressed concern that whenever possible that City stationery and paper goods be made from recycled paper. CITY MANAGER REPORTS STATUS OF COUNCIL DIRECTIVES Council inquired about the status of the Seacove Undergrounding District. Council requested that this item be put on the status of Council directives list. L.A. COUNTY BEACHES - The City Manager presented CONSERVATION ACT OF 1990 the memorandum of January 30th and the recommendation to direct staff to prepare a letter on behalf of the Council in support of the proposed Los Angeles County Beaches, Wildlife and Park Land Conservation Act of 1990 and direct staff to prepare and submit the questionnaire for proposed and specific projects in compliance with those adopted as part of the Parks master Plan and the Trails Network Plan, Councilwoman Bacharach moved, seconded by Councilman McTaggart and carried to adopt the staff recommendation. WORKSHOP SCHEDULE The City Manager presented the January 30th memorandum and the recommendation to confirm the Long Point and Subregion 7 & 8 workshop schedule for February 12, 1990 and the Zoning Board - Permit Process scheduled for February 25, 1990. -7- JANUARY 30, 1990 RECESS TO CLOSES SESSION At r-,11 0 P 1.M h 4 C . 4-iclops0 ggsatio4, for diecuesion pf ;personx e1.4 , ;4At 12 :� A. 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