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CC MINS 19890801M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 1, 1989 0 CLOSED SESSION, At 6:30 P.M. the meeting was called to order by Mayor Bacharach at Hesse Park Community Center, 29301 Hawthorne Boulevard and immediately recessed to ,a closed session,, The City Attorney announced that said session was-being held pursuant to Government Code Section 54956.9a to discuss the Citizens against Undergrounding Vs. the City of Rancho Palos Verdes, Del Cerro Undergrounding litigation and the potential litigation arising from the City of Palos Verdes Estates in- troduction of an ordinance restricting the weight of vehicles in their City. At 7:30 P.M. the meeting reconvened with no action taken. The regular business meeting was called to order at 7:30 P.M. by Mayor Bacharach-. After the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: McTAGGART, HUGHES, HINCHLIFFEY RYAN AND MAYOR BACHARACH, Also present were-City Manager Dennis McDuffie, City Attorney Ariel Calonne, Director of Environmental Services Robert Benard, Public -Works Director. George- Wentz .. Finance Director Kevin Smith, Recreation and Parks Director Mary Thomas, and City Clerk Jo Purcell. CEREMONIAL MATTER. 'Mayor Bacharach introduced the. docents from Pt. Vicente Park and thanked : them >f or- their .off ores at the Interpretative Center and in particular for the v=ideo .that they-have prepared and their participation in that video, Mike Hare, Coach of the Rolling Hills High-School Wrestling Team presented-a,Commemorative placque to Councilman Hughes for his participation and work-for the Boosters Club. RECYCLING LOTTERY (1301) The Mayor -,.announced that a,'name would be drawn from the basket containing cards sent in by residents participating in the recycling lottery,-and that within the next couple of weeks staff would visit the home of that resident to see if they are actively participating in the recycling program. If the person whose name was drawn is found to be participating they will receive a year of free trash pick-up service, WAIVER OF FULL READINGS Councilman Hughes 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 Clinic. The agenda Hughes, seconded by CONSENT CALENDAR of Councilman Hinch. Added to the City Council Reports was So*.Bay Free .as amended was approved by Councilman Councilman Ryan and carried... The Consent Calendar was approved as follows on motion liffe, seconded by Hughes, MINUTES The minutes of July 5, and July 18, 1989 were approved as presented, RESOLUTION NO* 89-77 Adopted Resolution 89-77 REGISTER OF DEMANDS ALLOWING CERTAIN CLAIMSAND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. PURCHASE OF VANS - Authorized the purchase of two RECREATION & PARKS E-350 Ford fifteen passenger (302 X 1201) vans for an amount not to ex- ceed $46,500 from Worthington Ford. Funds to come from the.Equipment Replacement Fund. LOADING & UNLOADING ZONE Approved painting approximately MIRA VERDE HOMEOWNERS ASSOC* 23 feet of the curb in front of (808 X 1502) the Mira Verde Homeowners Association maintenance facility on Ridgegate Drive and approved that it be- designated a loading and unloading zone only, RESOLUTION NO. 89-78 - Adopted RESOLUTION NO. 89-78 STREET EASEMENT - TRACT DECLARING ITS INTENTION TO 7145 (450-x 1411) VACATE PORTIONS-OF THE STREET EASEMENT FOR LOTS R OF TRACT, 71450 RESOL. N09 89-79 BICYCLE Adopted RESOLUTION NO* 89-79 FUND SB821 (112) APPROVING THE APPLICATION FOR BICYCLE FUNDS UNDER SB821 AND APPROVING THE ADOPTION OF ITS BICYCLE PLAN* -2- AUGUST 1. 1989 The motion to approve the Consent Calendar carried.on the following roll call vote: AYES: McTAGGART, HUGHES, HINCHLIFFE, RYAN AND - MAYOR BACHARACH NOES: NONE GRANT APPLICATION FOR Mayor Bacharach presented USE OF RECYCLING FUNDS a check for $3,000 to the (1301 X 808) Portuguese Bend Club Home- owners Association representative Gale Lovrich This grant was. awarded to the Association to.trim all of the trees in the common areas within that neighborhood so that they would come into conformance with the Tree Initiative. Councilman Ryan.moved,. seconded-by Mayor Bacharach to adopt the staff-recommendation. The motion carried on the } following roll call vote: AYES: McTAGGART, HUGHES, RYAN AND MAYOR BACHARACH ABSTAIN:- HINCHLIFFE (Councilman Hinchliffe abstained because he is a member of the Homeowners Association.) PUBLIC HEARINGS: VEHICLE CODE ENFORCEMENT = . The,Mayor` declared the ROCKINGHORSE ROAD hearing open and the City (808 X 1502) Clerk reported notice had been duly published and that no written protests were received by the City. The City Manager - pres,ented the-.staff memorandum of August 1st and the- recommendation to adopt a resolution finding and declaring Rockinghorse Road a private road, within Tract No. 18220 and record of survey 64-45P subject to the California Vehicle Code. Warren Sweetnam, 7 Top Rail, representing the Upper Rockinghorse Road.Homes Association,.said he.was in favor of this traffic enforcement but he was concerned about the restrictions it would place on parking in Upper Rockinghorse Road because the street-is only 25 feet-wide-and-cars parking along the.. show:der would .be in violation of.-the Traffic Code Lt. Joe Lieta , repres.ent-ing . the Lomita Sheriff's.-Station: told the Council that parking' -would be enforced in conformance with. the, Vehicle Code and that if cars encroached upon the roadway they would ticketed. He suggested that some kind of a parking permit procedure be used. -3- AUGUST 1, 1989 Councilman Hinchliffe moved, seconded by Councilman Hughes to continue this matter to August 15th. The motion- carried. Council requested a copy of the Traffic Committee minutes wherein this`-item was discussed. ORDINANCE No. 246U - The Mayor declared the DEVELOPMENT CODE AMENDMENT hearing open and the City NO. 29 - EXTENSION OF ORD. Clerk reported notice had been NO. 245U ( 180.1) duly published with 'no written protests received by,the City. The City Manager ' -presented the staff memorandum of August 1st. to -waive futher reading and introduce ordinance No. 246 with amendments- extending-ordinance No 245U through June 120 , 1990. Council inquired about the availability of the policy questions resulting from the July, 29th . field. trip -and brief ly discussed the process that will -now be followed in bringing- these policy determinations to the Council and the subsequent public hearings at the Planning Commission level. Council then discussed the preciseness of the title -of the proposed ordinance which subsequently was amended to read as follows. ordinance No. 246U - AN INTERIM ORDINANCE'OF THE CITY OF RANCHO PALOS VERDES EXTENDING ORDINANCE NO: 245U PROHIBITING CONSTRUCTION OF HEDGES OR WALLS IN CONFLICT WITH PROPOSED DEVELOPMENT CODE AMENDMENT NO. 29 AS AMENDED TO ADDRESS SIDE YARDS OBSTRUCTIONS OF PRINCIPAL IDENTIFIABLE VIEWS AND DECLARING THE URGENCY�THEREOF was presented by Title and:Adopted on.motion;of Councilman McTaggart, seconded by Councilman Hughes and-carried. VIEW PRESERVATION ORDINANCE The City Manager presented AND FINAL NEGATIVE the staff memorandum of DECLARATION FOR EIR- August Ist and the staff rec- NO. 579 (501,X 1801) ommendation to (1) Review the language of the ".Cooperative View Measure ". (2) Consider the contents of the`Initial Study, Negative Declaration and public comments on Environmental Assessment No. 579 (environmental review for the "Cooperative View Measure). A3) Adopt a` resolution. approving issuance, of a final Negative Declaration of-the "Cooperative View Measure ". Councilman Hughes 9summarized the recommended changes to the Cooperative View Preservation Initiative as presented by the Rancho Palos . Verdes :Council - of Homeowners: Associations . A lengthy Council discussion -then ensued which. covered the suggestions from the Association and how they should be included in the - cooperative measure. -4- AUGUST 1, 1989 Council then proceeded.to discuss and amend the Cooperative View Preservation Ordinance specifically amending the following #."Privacy" was defined to mean a re-reasonable -, protection from intrusive visual observation* excluded from the definition of structures would be balconies, parapets and ,outside stairways; a section .clef fining the appeal process- for establishment of a viewing area was added* deleted reference to front and side yard setback areas from the viewing area section* added the definition of a viewing area; F foliage obstruction was amended by adding notwith- standing whether any person, has sought or obtained issuance of a view restoration-permit"; corrected numbering reference to section C1 d.. Procedures and Requirements, Section 2 paragraph (B) was corrected to read*, "only view -restoration committee member-s.who make aw-site inspection....11 Finally, with regard to trees in.the Miraleste area, it was the consensus that the trees governed by the Miraleste Recreation & Park District are exempt from this.policy, however, trees on private property are subject to the ordinance with the condition that the View Restoration .Committee must consider the historical-nature of the tree in the area and what should be done about that tree. It was the consensus that the draft ordinance should be finalized to include these changes, RECESS At 9:20 P.M. the meeting * 930. P.M. the recessed. At * meeting-,.reconvened, AUDIENCE,QUESTIONS: Lois Larue, 3136 Barkentine,Road-,, said she was concerned about the reports of the building of a golf course on the property given to the City by the Federal Governments She inquired where she could .learn,,more about the restrictions placed- -upon its use ,.,,and said,-that-according to the Master Plan anything.,built at Pt. Vicente must be in.accordance with the natural topography of the area Council responded that the staff is researching the Federal restrictions on the use of the property and that the agenda for the August 7th meeting, -,will have ,back.up material encompassing the .City's correspondence with the Federal Government. about the use .of the , Pt. .Vicente site,'. Joel King, 6919 Maycroftt announced? there -would; -,be,another meeting of his STOP organization, Robert McNulty, 19 Mustang Lane, referred to a July 6th letter to the City Council regarding the conduct of a member of Council. He inquired about Council's response to that -5- AUGUST 1. 1989 letter-*' The'Mayor responded nded that since the incident took place outside of a City Council 'Meeting, it; ,was the' consensus of the Counc ill that it would -not be appropriate fOr the ', Council to take action., (Councilman Hinchliffe later indicated that he did not concur, with that consensus.) Richard Bara, 1 Peppertree, commended the- Council for-' seriously discus-sing th-e�down-zoning -of the Iand- above the landslide area to one unit per 5 acres and inquired if the issue had gotten enough publicity. He''said that down-zoning would alleviate the fears of the people who are concerned about over-development in the event that the landslide is abated-.: He inquired when the report -from: the- City' Attorney regarding this matter would be-available. Council then briefly discussed the time - table for this issue and it was the consensus that it would be available'in 6%0 days. The suggestion was made that somekin'd of interim zoning be considered-whi-le the City i's consider"ing the l moratorium, VIEW PRESERVATION ORDINANCE Council resumed its disc'ussion'of the View Preservation Ordinance and in particular the determination of where a view could be taken from, It wal-a. -th-e,consensus that the "viewing area section" of the ordinance should be amended to include the following: "The finished floor elevation of any viewing area must be at or above existing grade adjacent to the exterior wall of the part of the building nearest to said viewing area." Warren-Sweetnam,-7 Top Rail, representing 'the Counci ! .1 of Homeowners Association)'indicated agreement with the changes made to the proposed ordinance. For the issue of''privacy he suggested that the Council consider including -in this definition "freedom from unauthorized observation." Walt Yeager, 27803 Montereina, President of the Rolling-Hills*' ol Riviera Homeowners Association''said that-his''association was in general agreement with the cooperative ordinance and inquired whether homes that are within the City but whose views are impacted by trees outside of the City could seek_ relief through this ordinance. Also, he inquired whether this ordinance would take precedence over CC&R'se The City Attorney Opined that this,ordi-nancze could not be enforced against residents outside-'of the City and that the or , dinance would take precedence - ovet CC&R's -6- AUGUST 1. 1989 'Erica Stuart, 80 Narcissa Dr., inquired about a large pine tree that is growing below her property and said that one of its limbs already obstructs her view. She inquired about what would happen if another limb should grow and block more of her view. She then proceeded to expladna I neighboring house which looks down onto her�'property and - sAid'she has constructed a fence to protect her privacy and to screen off the view of the-storage area under that house. Council explained that with the adoption of this ordinance that any additional limb to grow on the offending tree would have to be removed,, Staff expl-aine'd that Mrs. Stuart could also apply through the 'minor exemption permit 'procedur'e for screening her property, Jeanette Mucha, 5538 Littlebowf requested that the'tity Council consider 'a definition for privacy and -expressed her concern that applicants could take a broad approach to the issue and she said the definition should be more specific. Dale Hanks, 3225.2 Middlecrestf told the Council that he does not have a view but felt that a view of the sky and sunlight should be encompassed in the ordinance, Larry Clark, 3354 Corin-na*Drl*ve, representing"the Mira Catalina Homeowners Association told the Council that the Mira Catalina Association was generally in agreement with the cooperative view ordinance z Lyle Quatrochi, 4002 Exultant-Drive, representing the 8eaview Homeowners'Associationy requested clarification of,where a view could be taken from and expressed his support for the City Attorney's definition of privacy. Steve Nemeth, 3162 Cirown'view Dr., said that the issue of privacy should be dealt with on a case by case basis. Bob McNulty, 19 Mustang Road, said he was in favor of the legally enforceable view ordinance and felt that privacy was important. He,1questioned the neighborhood compatibility aspect of the-ordinance and .said he felt that the ordinance title should be amended to include that feature of the ordinance. Brad Veek, 30523 Santa Luna Drive, said that he thought balconies and decks would be appropriate viewing areas* RESOLUTION�NO4­ 89-80 APPROVING A FINAL NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. 579 (CITY COUNCIL ALTERNATIVE VIEW MEASURE) was presented by title and ADOPTED on motion of Councilman Hinchliffe, seconded by Councilman McTaggarttand carried.' -7- AUGUST 1. 1989 A brief discussion then took place regarding the title of the proposed ordinance and it was the consensus that the- ordinance title should read "Rancho Palos Verdes Council of Homeowners Associations -and.City Council Cooperative View Preservation and Restoration ordinance." RESOLUTION PLACING VIEW: The City Manager presented the PROTECTION MEASURES ON staff memorandum of August 1st NOVEMBER.7TH BALLOT.(501) :and the staff recommendation Adopt a resolution ordering.the submission to the qualified electors of the City certain measures relating to view. protection at_the General Municipal Election to be held on Tuesday, November 7,,,1989 as called by Resolution No. 89 -72. (2) Direct the City Clerk to transmit a copy of both the Citizens' Measure and the City Council's measure to the City Attorney for prep- aration . of an impartial analysis., It was the consensus to table adoption of the proposed resolution placing the issues on the.ballot until the August 7th meeting. FINAL NEGATIVE DECLARATION The City Manager presented the FOR EIR NO. 581.(1801 X 1803) staff memorandum of August 1st and -the staff recommendation. to (1) Consider the.contents of initial study and any public comments, find that there is no substantial evidence that the ordinance will have a significant effect on the environment and approve the Negative Declaration. (2) Introduce an Ordinance regarding Landslide Moratorium Ordinance Amendment. Mike Marko, 4335 Exultant Drive, - inquired whether the proposed ordinance applied to only new structures or to the existing structures as well. Additionally he inquired about the broad discretionary power of the City Geologist and inquired whether any objective criteria had to be met for the requirement of a sails report. Council discussion confirmed that this ordinance would re- quire that the entire structure be brought into compliance and t P he fact that the geologist should ;give some reasons for the requirement of a soils report. It was the consensus that introduction of this ordinance should be tabled until August 15th. SANITATION DISTRICTS LEASE The City Manager presented the WESTMONT AVENUE PARK SITE staff memorandum of August 1st. " ( 12 01 x 1402)' and the staff recommendation that Council. author,i:z e the Mayor and City Clerk to execute the proposed,agreement.with the Los Angeles County Sanitation Districts for City use of the Districts' Westmont Avenue Site for a park after . -8- AUGUST 1, 1989 appropriate revisions needed to recognize the relationship between'Sanitation Districts Two and Five are approved by the City Attorney After Council discussion of such items as tax exempt status and clarification of the hazardous material section it was the' I con i sensus that the sub-committee of Bacharach and Ryan should meet with the Sanitation District representatives to review this agreement. TRAFFIC & PLANNING COMMISSION The City Manager presented the APPOINTMENT (106) memorandum of August 1st and the staff recommendation to appoint one member each to both the Planning Commission and the Traffic Committee, the term of office to be until December, 1989. After the first round of voting Charles Hotchkiss was appointed to the Planning Commission and James Sarner was appointed to the Traffic Committee. The unanimous motion was moved by Councilman McTaggart, seconded by Councilman Hinchliffe. In compliance with the Maddy Act the appointment of Mr. Hotchkiss will be reconfirmed on August 15th. PARKS MASTER PLAN...WOR.KSHOP. (1201) CITY COUNCIL REPORTS: It was,the consensus to meet with the Parks Master Plan Review Committee on Tuesday, August 29th. RPV PARKING As a fund raiser Councilman McTaggart suggested selling mayor cards to be used for VIP parking and perhaps the proceeds could be used to stop the landslide. WASTE MANAGEMENT (1301) The Mayor reported that cans ,could now be included in the, recyclable materials, She also reported that the ordinance for penalty fees would be on the August 15th agenda. Warren Sweetnam, 7-Top Rail, requested clarification of the fact that cans . could now be combined with the recyclable material and inquired if the collectors have been notified of this change. SECOND STORY HEIGHT Councilman Ryan inquired about VARIATION (1804) the process whereby second story height additions can be sighted to reduce the impact on views. The discussion then encompassed such suggestions as whether a pre-architectural review and a staff visit of the site would be advantageous. -9- AUGUST 1. 1989 Concern was expressed about the stage at which homeowners are informed Of the comprehensiveness of plans that are necessary to apply for a height variation. In particular Council discussed the possibility of relieving people.of.preparing too detailed a set,of plans which may.later have to be altered significantly tocomply with City regulations The suggestions were made that the.hand -out at the counter be changed -to inform people of the minimum requirements for. a height application; that a letter be sent to architects ex- plaining the prints that could be- submitted in such.caseso that the.City should encourage people to come in at an earlier stage.ih -the planning process; and, that a Newsletter article be prepared about this issue.. FORMATION OF BUILDING & Mayor Bacharach requested that ZONING APPEALS BOARD ,(1801) staff prepare a report indicating the types of cases that would be heard by a Building and Zoning Appeals Board and the necessary staffing to support that process. SO. BAY FREE CLINIC It was the consensus of Council that the Mayor should send a letter protesting the cuts that had been made to the So. Bay Free Clinic Funding., STATUS OF COUNCIL DIRECTIVES The moratorium on the coastal slopes (Rancho Zoning) was added to the Status of Directives. ITEM ADDED To CONSENT CALENDAR AGREEMENT WITH MONAGHAN Co_. _Councilman Hinchliffe moved, - RUN BY -THE SEA (1201) seconded by Councilman Hughes, to add this item to the agenda in light of the fact that action was necessary_prior to the next City Council meeting. The City Manager presented.the recommendation to authorize the Mayor and City�Clerk to execute the agreement with the Monaghan Company for use of Long Point as specified. _10_ Councilman Hinchliffe moved, seconded by Councilman Hughes to adopt the staff recommendation and approve the agreement, ADJOURNMENT, AmmVeme At 12:50 A.M. the meeting adjourned to 7:30 P.M. on August 7th. MAYOR M8189 -117 AUGUST 1, 1989