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CC MINS 19900206M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FEBRUARY 6, 1990 CLOSED SESSION At 4 :00 P.M., the meeting was called to order by Mayor Hughes at Hesse Park Community Center, 29301 Hawthorne Boulevard and immediately recessed to a closed session to discuss personnel and pending litigation. The City Attorney announced that the closed session was held pursuant to Government Code Section 54956.9a. The meeting adjourned at 7 :25 P.M. with no action taken. The City Attorney further reported that at the Closed Session on January 30, 1990 the City Council authorized retention of Dennis W. McDuffie as a management consultant. The motion carried unanimously on a roll call vote with Councilman Hinchliffe absent. 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, HINCHLIFFE, RYAN, BACHARACH AND MAYOR HUGHES Also present were Acting City Manager Mark Rohloff, Environmental Services Director Robert Benard, City Attorney Ariel Pierre Calonne, Public Works Director George Wentz, City Clerk Jo Purcell and Recreation & Parks Director Mary Thomas. City Attorney announced that during the Closed Session the Council discussed the following issues: Segreto et al., vs. RPV; Citizens Against Undergrounding, and other items of threatened litigation. WAIVER OF FULL READINGS Councilman Hinchliffe 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 After addition of Request for Status Report on Wallace Ranch Radio Museum, City Dress Code, and removal of the item dealing with limiting liability, the agenda was approved on motion of Councilwoman Bacharach, seconded by Councilman Hinchliffe and carried. CONSENT CALENDAR After removal of the item regarding Planning Commission appointments, the Consent Calendar was approved as follows on motion of Councilman Hinchliffe, seconded by Councilman McTaggart. MINUTES Approved the minutes of December 19, 1989 and January 16, 1990. RESOLUTION NO. 90 -6 Adopted RESOLUTION NO. 90 -6 REGISTER OF DEMANDS ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. RESOLUTION NO. 90 -7 Adopted Resol. 90 -7 DENYING HEIGHT VARIATION NO. 583 THE APPEAL OF HEIGHT VARIATION (1804) NO. 583 THEREBY APPROVING PROJECT AT 26833 HYTE ROAD. DEL CERRO UNDERGROUNDING Entered into the agreements DISTRICT NO. 9 (901) with Southern Calif. Edison Company and GTE of Calif. for the Rancho Palos Verdes Improvement District No. 9, Del Cerro, for the undergrounding of utility lines. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: McTAGGART, HINCHLIFFE, RYAN, BACHARACH AND MAYOR HUGHES NOES: NONE RECYCLE LOTTERY DRAWING Mayor Hughes gave an update on the City's Recycling Program and in particular reported that 49% of the City's residents participate in the recycling program. PUBLIC HEARINGS: ORDINANCE NO. 251 The Mayor declared the public SANITARY SEWERS hearing open and the City (201 x 1402) Clerk reported that notice had been duly published. CITY COUNCIL -2- FEBRUARY 6, 1990 Public Works Director George Wentz presented the staff recommendation to (1) Accept public testimony on the proposed ordinance and ADOPT ORDINANCE NO. 251 ADOPTING BY REFERENCE LOS ANGELES COUNTY CODE, TITLE 20, UTILITIES, DIVISION 2, SANITARY SEWERS AND INDUSTRIAL WASTE. There being no response to the Mayor's call for public testimony, Councilman Hinchliffe moved, seconded by Councilman McTaggart and carried to close the public hearing. ORDINANCE NO. 251 OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE PURSUANT TO SECTION 50022.9 OF THE GOVERNMENT CODE, LOS ANGELES COUNTY CODE, TITLE 20, UTILITIES, DIVISION 2, SANITARY SEWERS AND INDUSTRIAL WASTE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was presented by title, having been introduced on January 16, 1990. Councilman Hinchliffe moved, seconded by Councilwoman Bacharach to waive further reading and adopt Ordinance No. 251. The motion carried unanimously. CONDITIONAL USE PERMIT The Mayor declared the hearing NO. 147 APPEAL - LOCATION - open and the City Clerk P.V. DR. WEST (1804) reported that notice had been published. Environmental Services Director Benard presented the recommendation to deny the appeal thereby upholding the action of the Planning Commission's approval of this project. Council then inquired about the following: the source of the calculations pertaining to pollutant and emission thresholds; if prevailing winds at the location had been taken into consideration when computing those calculations; the amount of geology to be done on this site considering that it is a fill area; and, whether more geology should be done at an earlier stage than usual. Council also inquired about the design of the drainage project for the nearby Villa Capri complex and whether that project had been completed. Speaking in opposition to some of the features of this project was Mr. John Douglas, 62 Via Capri, who read a prepared statement which is on file with the City Clerk's office, Suzanne Gulcher, 30034 Via Borica, representing St. Paul's Lutheran Church said that the Church did not have any Objection to this project. Lois Larue, 3136 Barkentine, reminded the Council of her concern about the drainage problem at Golden Cove and cited the flooding of one of the establishments at that location. She stated her objections to the underground parking. CITY COUNCIL -3- FEBRUARY 6, 1990 The applicant, Walter Zell, pointed out that there are already 50 cars parked there for the Church's use; no air conditioning units would be mounted on the roofs of these buildings; and, that there is a 40 foot open view corridor between the two proposed buildings. He said that the roof would be finished with a non -glare material. Council discussion then centered on the height of the elevator penthouses and how far they exceeded the ridgeline. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe and carried to close the public hearing. Council discussion then followed and concern was expressed about the safety precautions that would be taken during the excavations for the subterranean parking; the reality of the figures regarding the air pollution control; the protrusion of the elevator penthouses; the possibility of a geological problem and whether such a problem would be brought back to the City Council for review; and, the fact that the mound of dirt presently existing on the site distorts the elevation of the project site. The discussion then focused on the affect this project would have on the first floor view of Villa Capri residents and whether the view analysis performed addressed that adequately. Councilman McTaggart moved, seconded by Councilman Hinchliffe and carried to reopen the public hearing. Councilman Ryan moved, seconded by Councilman McTaggart and carried to continue this public hearing to March 6, 1990. After further discuss ion Council reached the following consensus: that staff should bring to Council the model that had been presented by the applicant at a Planning Commission meeting; clarify the location of the mechanical air conditioning equipment; present more details on the safety precautions to be used during the excavation period; and, provide a site analysis that would present a comparison of the ridgeline of the proposed structure with that of the Admirable Risty Restaurant and St. Paul's Lutheran Church. RECESS At 9:00 P.M. the Mayor declared a recess. At 9 :15 P.M. the meeting reconvened. AUDIENCE QUESTIONS: Responding to the Mayor's call for audience questions was Lois Larue, 3136 Barkentine, who referred to a range of items: an article in the L.A. Times regarding a court decision on the rights of vagrants to beg; the amount of money spent to defeat Proposition L; Barry Hon's CITY COUNCIL -4- FEBRUARY 6, 1990 contributions to that campaign; the conflict presented by acceptance of lunch invitations; and whether it was a conflict of interest for a member of Council to accept campaign contributions from Barry Han. Kathy Manning, 29438 Quailwood, inquired about the Hon application for exclusion from the moratorium. She expressed concern about the instability of the area and the risk presented to nearby property should the exclusion be granted. Erica Stuart, 80 Narcissa Drive, inquired about the locations of the proposed Hon project. RESOLUTION NO. 90 -08 - The Mayor declared the hearing ENCROACHMENT PERMIT NO. 15 open and the City Clerk TRACT NO. 40640 reported that notice of the (701 x 1411 x 1804) hearing had been published. Director Benard presented the recommendation to deny the appeal thereby upholding the Planning Commission's approval of the project with conditions. The applicant in this matter, John Schoenfeld, 30565 Rue Langlois, summarized the background on this request and told the Council that a guard had been on the site for eight months and yet incidents of vandalism continue. Citing the configuration of the homes, the amount of construction that was being done in the area and the safety factors involved, he said that some kind of barrier was needed to prevent people from walking across private property. He said that the homeowners association would like a gate at the base of Marguerite Drive which would be closed at night but would remain open from 6:45 A.M. until dusk. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to close the public hearing. The motion carried. Council then discussed the problem of walking across private property to get to public land; the fact that this gate would be in the public right -of -way and would block public access to the public land. Councilwoman Bacharach moved, seconded by Councilwoman Hinchliffe to adopt the proposed resolution with the deletion of reference to a gate across Laurel Drive. RESOLUTION NO. 90 -08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL OF COASTAL PERMIT NO. 78 AND ENCROACHMENT PERMIT NO. 15 THEREBY APPROVING WITH CONDITIONS A TEMPORARY FENCE AT TRACT 40640 ON MARGUERITE DRIVE was presented by title. Councilwoman CITY COUNCIL -5- FEBRUARY 6, 1990 Bacharach moved, seconded by Councilman Hinchliff e to adopt the resolution as amended. The motion carried on the following roll call vote: AYES: HINCHLIFFE, RYAN AND BACHARACH NOES: McTAGGART AND MAYOR HUGHES RESIDENTIAL REFUSE AGREE- Public Works Director George MENTS - PENALTY CLAUSE Wentz presented the staff (605x 1301) recommendation to authorize the Mayor and City Clerk to sign amendments to the agreements for refuse collection and disposal services with Waste Management of Calif., Inc. and with Ivy Rubbish disposal to allow for the addition of a delinquent account penalty clause. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to adopt the staff recommendation. The motion carried on the following roll call vote; AYES: HINCHLIFFE, RYAN, BACHARACH AND MAYOR HUGHES NOES: McTAGGART ART IN PUBLIC PLACES- Recreation and Parks Director CONSULTING SERVICE (1201) Mary Thomas presented the staff recommendation to authorize the Mayor and City Clerk to sign an agreement employing a Public Art Consultant for an amount not to exceed $8,000. The consultant, Joyce Selber Chambers made a slide presentation of art in public places in cities throughout the United States. Council inquired what services would be provided in this contract; how an arts master plan would be developed; how public objections to the art might be handled; and, when and how the art will be developed. Speaking in support of this program were the following: Suzanne McNeill, 6527 Monero Drive; Kathleen Lawrence, 831 South Palos Verdes Drive, San Pedro; Jim Bassler, 3702 Weymouth Ave., San Pedro; Steve Mirich, #4 Kumquat Lane; Robert Benard, 531 23rd street, Manhattan Beach; and, Lois Larue, 3136 Barkentine Road. These speakers cited the community's interest in art, and its aesthetic contribution to the City. Enrica Stuart, 80 Narcissa Lane, inquired about the center of Rancho Palos Verdes and if that would be the location f or the art. During additional Council discussion the suggestion was made to consider the use of recycling funds for this expense. CITY COUNCIL -6- FEBRUARY 6, 1990 Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to approve the staff recommendation. The motion carried on the following roll call vote: AYES: McTAGGART, HINCHLIFFE, RYAN, BACHARACH AND MAYOR HUGHES TRACT NO. 45667 - COUNCIL Environmental Services Director VISIT OF SITE (1411) Benard recommend a meeting date (February 13, 14, 19, 20 or 21 and time (7:00 A.M.) for Council to visit the project site if it was not in conflict with the Brown Act. - It was the consensus that staff would contact the City Councilmembers and that arrangements would be made for individual visits to the construction site. GRADING PERMIT APPLICATION Environmental Services NO. 1010 REVISION APPEAL- Director Benard presented LOCATION - 30825 MARNE the staff recommendation to (1801) dismiss the appeal thereby up- holding the Planning Commission's denial of the applicant's request. The applicant in this matter, Mrs. Abdalian, explained how the house was situated, and cited the necessity for the planters to enable landscaping of this steep slope. Luella wike, 29172 Oceanridge Drive, stated that she was on the Planning Commission when this matter was discussed and that the Abdalians were instructed to build nothing more on that site; that they were allowed a 3 -1/2 foot wall but with the condition that no additional grading be done on the slope. Council then discussed the fact that this area is an extreme slope; that the applicant could build the 3 -1/2 ft. wall without a permit; and, to what extent the City could regulate its construction since it did not require a permit. Councilwoman Bacharach moved, seconded by Councilman Ryan to grant the appeal: that a new landscaping and fencing plan which utilizes drought tolerant vegetation and a water efficient irrigation system be submitted to the Director of Environmental Services within 30 days; that a landscape covenant be submitted along with that plan; that the proposed landscaping screen the view of the existing retaining wall and pool deck; and, that the landscaping be completed within 90 days. The motion carried on the following roll call vote: CITY COUNCIL -7- FEBRUARY 6, 1990 AYES: HINCHLIFFE, RYAN, BACHARACH AND MAYOR HUGHES NOES: McTAGGART Council explained to the applicant that the stucco work and the planting be completed within 90 days. MORATORIUM EXEMPTION NO. 35 Environmental Services Director LOCATION: 44 SEAWALL Benard presented the (1801) recommendation to approve the requested exemption for the following, subject to the conditions listed in Exhibit "A" of the staff report: (1) A partially completed 110 sq. foot family room expansion located in the front setback; (2) a proposed 134 sq. ft. living room expansion; and, (3) a proposed 360 sq. ft* garage in the rear yard only if an access easement is granted by the Portuguese Bend Club. Councilman Hinchliffe excused himself from participating in the discussion of this moratorium exemption since he resides close by. The applicant, John Hazard, 44 Seawall, expressed his agree- ment with the staff recommendation however stated that the area recommended for the garage was not accessible to him. Carl Schneider, 109 Sprindrift Drive, urged the Council to approve the requested exemptions and he explained the unique method that the applicant had devised to stabilize this house which is adjacent to the slide area. Mr. Schneider presented pictures of the home depicting the beam structure used for its stabilization. Councilwoman Bacharach moved, seconded by Mayor Hughes to approve the staff recommendation without a garage and to include sufficient open deck space to cover the support beams in an aesthetically pleasing manner. The motion carried unanimously. RECESS At 12:00 A.M. the Mayor declared a recess. The meeting reconvened at 12:07 A.M. TRACT NO. 37885 - Environmental Services Director GRADING PERMIT NO. 1390 Benard presented the recommendation to provide staff with direction on the scope of the Environmental review for the grading activity associated with the trimming of the quarry face and the filling of the quarry bowl CITY COUNCIL -8- FEBRUARY 6, 1990 (conditions of approval for Conditional Use Permit No. 79 and tentative tract map No. 37885.) Council discussed the consequences of cutting rock off the face of the quarry; how the area could be landscaped; if the material removed from the quarry could be treated to allow the growth of vegetation; whether the area should be kept as natural as possible; and, the pros and cons of filling the area versus not filling it. Discussion then centered on defining the goals to achieve slope stabilization along Forrestal Drive, providing stabilization and some restructuring of the bowl to provide the minimum necessary geologic stability in the area; and, balancing grading in the project to achieve those goals. Dan Gerken, 3501 Jamboree Road, representing Jim Peters Company, the owners of the property, told the Council that they are not pursuing utilizing the Portuguese Bend parking lot as a disposal site for any fill that may be removed. He said that they are presently in the process of getting permission to do grading for utilities from the School District. It was the consensus of Council that staff should consider alternative C in their scoping of the environmental review of grading to stabilize the quarry, minimizing both material removed from the slope and placed in the bowl. The goal of which would be to achieve aesthetic and geologic balance. CITY COUNCIL REPORTS. COASTAL RIDGE REZONING Councilman Ryan inquired (1801) about the status of the Coastal Ridge Rezoning issue and it was the consensus that this item would be discussed at the March 12th work session. Richard Bara, 1 Peppertree, reminded Council of his suggestion that the Coastal Ridge area be zoned RS -A -2.25 zoning. WALLACE ANTENNA & MUSEUM (1201) whether an antenna structi location. Staff reported would be presented at the CITY DRESS CODE (1202) Councilman Ryan inquired about the status of the Wallace Ranch Radio Museum and are would be required for that that a status report on this issue February 20th City Council meeting. After Council discussion of the staff memorandum dated February 5, 1990 regarding a dress code for City CITY COUNCIL -9- FEBRUARY 6, 1990 employees, it was the consensus that the City Attorney should prepare an opinion on the legality of the code. ITEMS REMOVED FROM CONSENT CALENDAR. PLANNING COMMISSION FINAL The City Clerk presented the APPOINTMENTS (106 x 1203) staff memorandum of February 6th and the recommendation that Council make the appointment to the Planning Commission final. Councilman Ryan moved, seconded by Councilman McTaggart to appoint Robert Katherman and Barbara Dye to the Planning Commission. The motion failed on a 3 -2 vote with Councilmembers Bacharach, Hinchliffe and Mayor Hughes voting in opposition. Councilman Hinchliffe moved, seconded by Councilman McTaggart to make the appointment of Katherman and Von Hagen unanimous. The motion carried on a 4 -1 vote with Councilman Ryan voting in opposition. CITY MANAGER REPORTS: CREST ROAD (103) In response to Council's inquiry, City Attorney Calonne explained the conflict of interest in dealing with the issue of the public use of Crest Road insofar as his firm represents the City of Rolling Hills. He stated that according to the rules of professional conduct he could not pursue inquiry of this matter on the City's behalf, but would have to identify alternate counsel to investigate this matter. After a brief Council discussion of this conflict situation, it was the consensus that the City Attorney should identify counsel to further investigate the issue of Crest Road and that he should get an estimate of the cost. PROPOSITION "M" GUIDE- Staff recommendation was to LINES provide staff with direction (1801) regarding the draft guidelines and other support material needed to implement code provisions regarding height variations and view restoration (Proposition M). It was the consensus to send this to the View Restoration Committee to consider the issue of seated views in this ordinance and that they should also study the issue of compatibility with the ten nearest structures and whether that adequately addresses this issue. CITY COUNCIL -10- FEBRUARY 6, 1990 CITY REGULATION OF PLASTICS It was the consensus that (1301) this issue and also the item regarding the California Integrated Waste Management Act be referred to the Recycling Sub-committee (Ryan & Bacharach) for further discussion. OFF-ROAD USE OF VEHICLE The City Attorney presented ORDINANCE (1502) the February 6th memorandum regarding Off-Road Vehicle Ordinances which was pre- sented in response to the Council's request resulting from public testimony during the Archery Club Use Permit hearings. A brief Council discussion ensued wherein the suggestion was made that staff should determine if this affected horse drawn carriages. Councilman Hinchliffe moved, seconded by Councilwoman Bacharach to send this ordinance to the Environmental Services Dept. for implementation* ADJOURNMENT: At 19052 P.M. the meeting adjourned to February 7, 1990 at 7:30 P.M. at City Hall for a closed personnel session. MAYOR ATTEST: CITY CLERK CITY COUNCIL -11- FEBRUARY 6. 1990