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CC MINS 19900703M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 3, 1990 The regular business meeting was called to order at 7:30 P.M. by Mayor Hughes. The City Attorney announced that the City Council had held a closed session pursuant to Government Code Section 54956.9 (a) and discussed Segreto vs. the City of Rancho Palos Verdes and Finazzo vs. the City of Rancho Palos Verdes, The Mayor announced that City Attorney Calonne was leaving the City and had assumed the post of City Attorney for the City of Palo Alto in Northern California. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: McTAGGART, HINCHLIFFE, RYAN, BACHARACH AND MAYOR HUGHES Also present were City Manager.Paul D. Bussey, Deputy City Manager Mark Rohloff, Environmental Services Director Robert Benard, Public Works Director George Wentz, City Attorney Ariel P. Calonne, Recreation and Parks Director Mary Thomas and City Clerk Jo Purcell. WAIVER OF FULL READINGS Councilwoman Bacharach moved, ORDINANCES AND RESOLUTIONS seconded by Councilman Hinchliffe 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 on motion of Councilwoman Bacharach, seconded by Councilman Hinchliffe and carried. CONSENT CALENDAR The item regarding Rancho Palos Verdes Park Improvements was removed from the Consent Calendar at the request of Councilman Ryan. The Consent Calendar as amended was approved as follows on motion of Councilwoman Bacharach, seconded by Councilman Hinchliffe. RECYCLE LOTTERY Geraldine Ridgeway, 3420 DRAWING Gulfcrest Drive, was announced the winner for the June lottery. FEE WAIVER REQUEST - Authorized the Director of CUP PERMIT NO. 107 Environmental Services to waive EXTENSION (1804) the application fee related to the renewal of Conditional Use Permit No. 107 at Pedregal School, 6069 Groveoak. ORDINANCE NO. 260 - Adopted ORDINANCE NO. 260 PERSONNEL SYSTEM (1202) AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING CHAPTER 2.46 TO ESTABLISH A PERSONNEL SYSTEM. GIFTS FOR PARK PROGRAMS - Accepted the $2,575 received ACCEPTANCE OF GIFTS AND through the City's gifts for APPROPRIATION OF EXPENDITURE Parks Program and appropriated OF SUCH FUNDS (1201) $1,575 for the July 4th celebration. WALLACE RADIO RANCH MUSEUM Referred the Wallace Radio (1201) Ranch Museum to the Recreation and Parks Committee to begin the Public Hearing process and to work with the Wallace Foundation to develop a conceptual design. AGREEMENT WITH THE CITIES OF ROLLING HILLS ESTATES, PALOS VERDES ESTATES, AND THE COUNTY OF LOS ANGELES FOR P.V. TRANSIT SERVICES FOR FY 90 -91. (1505) AGREEMENT WITH MONAGHAN COMPANY -FOR RUN BY THE SEA (1804) CLAIM AGAINST THE CITY BY ISAO SAITO (303) CLAIM AGAINST THE CITY - BY ROLLING HILLS COMMUNITY ASSOCIATION OF RANCHO PALOS VERDES (303) Authorized the Mayor and City Clerk to sign an agreement with the Cities of Rolling Hills Estates, Palos Verdes Estates, and the County of Los Angeles for P.V. Transit Services for Fiscal Year 1990 -91. Authorized the Mayor and City Clerk to execute the proposed agreement with the Monaghan Company for use of Long Point as specified. Rejected the claim and directed the City Clerk to notify the claimant. Rejected the claim and directed the City Clerk to notify the claimant. -2- JULY 31 1990 RESOLUTION No. 90 -56 Adopted RESOLUTION NO. 94 -56 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: McTAGGART, HINCHLIFFE, RYAN, BACHARACH AND MAYOR HUGHES ABSENT: NONE RESOLUTION NO. 90 -57 Director Thomas presented the PUBLIC ART GUIDELINES July 3rd staff memorandum and (1201) the recommendation to adopt the proposed. guidelines. Lois Larue, 3136 Barkentine Rd., requested clarification of certain sections of the proposed resolution. Council briefly discussed the responsibility for liability in the case where a piece of art became an attractive nuisance. RESOLUTION NO. 90 -57 OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING GUIDELINES FOR PUBLIC ART IN PRIVATE DEVELOPMENT TO IMPLEMENT RANCHO PALOS VERDES ORDINANCE NO. 257 was read by title and adopted on motion of Councilwoman Bacharach, seconded by Councilman Hinchliffe and carried. SITE PLAN REVIEW NO. 5338 - 6432 VIA COLINITA (1801) the appeal, thereby affirming Planning Commission and appro subject to amended conditions the area of Location "C ". Director Benard presented the staff memorandum of July 3rd and the recommendation to deny the determination of the ving the satellite dish antenna which included relocation to Councilwoman Bacharach moved, seconded by Councilman Hinchliffe and carried to re -open the public hearing. The applicant, Roger Northoek, 6432 Via Colinita explained the process he had gone through and the various sites recommended by staff for the location of this antenna dish. Speaking in opposition to the present location of the satellite dish antenna were Marilyn and Robert Lyon, 6424 Via Colinita; Edward A. Murphy, 6304 Via Ciega. Their objections were based on the fact that the dish is in the public right- of-way and that if the applicant had followed the permit procedure in the first place it would never have been permitted to be installed there. -3- JULY 3, 1990 Council questioned if the applicant was entitled to maximum- or reasonable reception and if there was any requirement to allow this antenna in the public right-of-way, Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to close the public hearing. The motion carried. Councilman Hinchliffe moved, seconded by Councilman McTaggart to deny the appeal. The motion carried on the following roll call vote, 9 AYES, McTAGGART, HINCHLIFFE, BACHARACH AND MAYOR HUGHES NOES: NONE ABSTAIN.* RYAN RANCHO PALLS VERDES PARK-- Director Wentz presented the COMPLETION OF IMPROVEMENTS staff memorandum of July 3rd (1201) and the following recommendations* 1) Accept the completed work for the Improvements to Rancho Palos Verdes Park contract in the amount of $21,721. 2) Direct the City Clerk to file a Notice of Completion and notify the surety to exonerate contract bonds. 3) Authorize the Finance Director to release the retention 35 days after said notice is recorded if no claims are filed against the contractor during this period. After clarification of the California Preliminary Notice filed by Halbert's Lumber, Councilman Ryan moved, seconded by Councilwoman Bacharach to adopt the staff recommendation. The motion carried on the following roll call vote, AYES: McTAGGART, HINCHLIFFE, RYAN, BACHARACH AND MAYOR HUGHES RECESS At 9*000 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 were the following: Chris Manning, owner of the property at 29438 Quailwood Dr., residing at 14 Crest Rd. West, Rolling Hills, who inquired if the Council had discussed the letter that he submitted three months ago requesting an impartial geological review of the geology report submitted by Barry Hon. Director Benard gave an overview of the application process and the geological investigation that would take place with regard to the Hon report. When the review is completed, the report will be presented to the City Council for acceptance -4- JULY 31 1990 or rejection. The report is still in the process of being reviewed by Robert Stone and Associates. John Arand, representing the Rancho Palos Verdes Council of Homeowners Association, 5731 Mistridge, presented a resolution that had been adopted by that organization at their June 28, 1990 meeting. Said resolution requested property owner indemnification from new construction damage within the Portuguese Bend Landslide complex and any other potentially affected areas. (This resolution is on file with the City Clerk's office.) Roy Fulwider, 28219 Hazelridge, briefly discussed the sidewalk repairs made in his neighborhood and complained about the crack resulting in the adjoining sidewalk which allegedly was caused by parking the contractor's truck on the sidewalk. He also complained about the dirt left at the construction site. It was the consensus that Director Wentz would meet with Mr. Fulwider to discuss this issue. Lawrence Baker, Jr., 19 Paseo De Pino, representing the Rancho Palos Verdes Estates Homeowners Assoc., requested that the City Council place on the next agenda reconsideration of their action taken at the June 6th meeting. In particular he was requesting that they consider the 2nd entry in the south- east corner of that tract. It was the consensus that reconsideration of the Council's action would be placed on the July 17th meeting agenda and that the public hearing advertised for that date would be opened and continued to a date certain. Cathy-Manning.- 29438 Quailwood, residing at 14 Crest Rd., Rolling Hills, inquired whether the City would require an Environmental Impact Report on the Hon application for development of the 1400 acres in the moratorium area. John Freeman, 6850 Faircove Dr., presented pictures of his property which showed the effects of an addition to his neighbors wall which substantially reduced his view. He requested that the City Council reconsider certain aspects of Ordinance No. 254 which dealt with side yard views and in particular consider the addition of an appeal process to that ordinance. Council briefly considered whether the Planning Commission should review flaws in the ordinance, the fact that the -5- JULY 3, 1990 ordinance was.just recently implemented and if it was appropriate to change it so soon. With regard to cul-de-sacs Council discussed whether these should be treated differently in the ordinance also. It was the consensus that the Planning Commission should review such ordinances on a regular basis during the first year of implementation to see if it was necessary to fine tune the ordinance. Lois Larue, 3136 Barkentine Rd., objected to Dr. Perry Ehlig being Chairman of the Geotechnical Review Board and requested that the City Council reconsider his appointment, LETTER FROM THE AMERICAN Representing the American Civil CIVIL LIBERTIES UNION RE: Liberties Union was their ENRICA STUART Attorney Marketa Simms who presented a prepared statement in support of the right of members of the press, including Enrica Stuart to address the City Council. (This statement is on file with the City Clerk's office.) Erica Stuart, 80 Narcissa Dr., commented on an interview in the Los Angeles Times pertaining to the issue of her speaking at City Council meetings. Roy Fulwider, 28219 Hazelridge, commented on the public addressing the City Council during meetings. The consensus was that Ms. Stuart should present a request to speak form and would be allowed to speak at the Council meetings. (At 10:22 P.M. the Mayor declared that he had a conflict of interest in the next item to be discussed and the meeting was turned over to Mayor Pro Tem McTaggart.) CITY COUNCIL REPORTS. ROCK CRUSHER Mayor Pro Tem McTaggart stated his opposition to the fact that there was no appeal process for Special Use Permit No. 76 which provided for the continuation of the operation of the rock crusher at Tract No. 45667, Staff reported that dust from the rock crusher was being controlled, however, it was felt that dust was coming from elsewhere on the site as a result of the general grading activities. Council then discussed if the dust was being generated by the 0 rock crusher or the grading project; the effects that the trucks are having.on traffic along P.V. Dr. South and the -6- JULY 3, 1990 resulting dust caused by those trucks. Council inquired if staff was monitoring this project closely and if the contractor is found not to be working on control of the dust if the project could be closed down under the Nuisance Abatement Process. Since conditions were imposed by the Planning Commission to abate the dust at this site the question arose whether the job could be closed down until these control devises are implemented. Bob McNulty, Chairman of the Planning Commission, told the Council that the Planning Commissioners had visited the site and that it was their observations that the dust was not coming from the rock crusher. He summarized the Planning Commission's concern that it was more important to get this job over and done with. Lois Larue, 3136 Barkentine Rd., told the Council that the neighbors in the area were suffering terribly because of the dust caused by this rock crusher.. Ilse Oetiker, 6504 Via Baron, told the Council that the dust and the noise caused by this rock crusher is unbearable and requested that they do something to abate the condition. It was the consensus that staff should contact the contractor and convince him to implement the conditions proposed by the Planning Commission and that the site should be monitored closely after the implementation of those measures* Staff was requested to prepare an update on the situation for the July 17th meeting. (At 11#605 P.M. Mayor Hughes returned to the meeting.) ABALONE COVE SHORELINE Councilman Ryan listed his COVE BUILDING (1201) concern about this building. the roof line being to close to the street, the appearance of the roofing material, the convoluted wiring for the electrical panel, the space between the building and the driveway which would end up as a debris basin, the appearance of the railing, and a pit which was about seven feet deep and had not been closed up. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe that staff prepare a report on this building and present at the July 17th meeting. Lois Larue, 3136 Barkentine Rd., requested that the City Council remove the fence installed around Abalone Cove Point. STATUS OF DIRECTIVES Council requested that a new column be added to this report -7- JULY 3, 1990 which would explain the reason why an item was being continued to a later date. ADJOURNMENT. At 11:24 P.M. the meeting adjourned on motion of Council- woman Bacharach, seconded by Councilman Ryan. ATTEST; CITY CLERK -8- JULY 3r 1990