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CC MINS 19890905M I N U T E S RAMCHO PALOS'VERDES CITY COUNCIL REGULAR MEETING i SEPTEMBER' '5 , 1989 CLOSED SESSION: At 7 :00 P.M. the meeting was called to order by Mayor Bacharach at Hesse Parr Community Center, 29301 Hawthorne Boulevard and immediately recessed to a. closed session. The City Attorney announced that said session wa- s-being held pursuant to Government Code Section 54956.9(b) to confer with or receive advice from legal counsel regarding pending litigation as defined in said- section. At 7:30 P.M. the meeting reconvened and immediately went into .regular session which was called to order by 'Mayor`Bacharach. After the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT:.- MCTAGGART2, HUGHES, HINCHLIFFE, RYAN AND MAYOR,BACHARACH Also present were City Manager Dennis McDuffie, City Attorney Ariel Pierre Calonne, Director of Environmental Services Robert Benard, Public Works Director George Wentz, Finance Director Kevin Smith,'and City Clerk Jo Purcell. WAIVER of FULL READING Councilman McTaggart moved seconded by Councilman Hinchliffe and carried to waive reading in full of all ordinances and resolutio-ns�_ adopted at the meeting with consent to the waiver of reading `_aeemed to be given by : all counoilm'embers after reading of the title of such ordinance or resoldtion. APPROVAL of AGENDA The agenda was approved''on motion of Councilman Hughes, seconded'by Councilman Ryan and carried. CONSENT CALENDAR The proposed resolution for the Moine Height Variation was moved to ,the - end of ; the , agenda `for clarification*,-- The Consent Calendar was . approved as follows on motion-of Councilman''�Hinchliffe, seconded by Councilman Hughes - MINUTES The minutes of August 15, 1989 were approved as presented. ORDINANCE NO* 247 Waived further reading and MORATORIUM adopted ORDINANCE Nth. 247 ON LAND USE PERMITS CREATING A MORATORIUM ON LAND (1801) USE PERMITS AND AMENDING THE RANCHO PALOS VERDE MUNICIPAL CODE* LOMA DEL MAR SITE - Authorized the City Manager to NOTICE OF INTENT (1401) notify - he Palos Verdes Peninsula Unified School District (PVPUSD) that the City is not interested in leasing the Loma Del Mar Site._ CLAIM AGAINST THE CITY.BY SINGHAL .(303,) MAX (CTIP). COMMUNITY. * BUS. SYSTEM WAIVER OF FEES (1505) policy steering comm. ittee Rejected the claim and. requested the Risk Manager to notify,the,claimants. Approved waiver of.,business license fees. for the MAX (CTIP) commuter bus system sub- ject to a similar waiver ,by the .members. RESOL* NO. 89-84 RE* (1) Adopted RESOLUTION, STOPPING ON WESTERN AVE* NO* 89-84 PROHIBITING STOPPING (1502) ON-WESTERN AVENUE FROM 7:00, A.M. TO 9.-,,00 -AiM* AND FROM 30900 P.M. TO 79000 P.M. WEEKDAYS. (2) Directed the City Clerk to forward a cert 'if ied . copy of the resolution to -Caltrans for verif ication.. PLANNING COMM* Confirmed.the-appointment of CONFIRMATION OF Commissioner Brooks. APPOINTMENT (106,X 1203) GRANT APPLICATIONS.- Authorized the following grant RECYCLING .FUNDS. (1301) -from the Rancho Palos Verdes,: $2,500- Ladera Linda Homeowners Association; $3,000 -:Mira Catalina: Homeowners Association; and $3,000 - Crestmont Homeowners 41 Association, BASSWOOD AVE* OVERLAY (1) Accepted,as- cot pfeted the VIA RIVERA RECONSTRUCTION work on the Basswood Avenue PROJECT.. (1404), overlay/Via Rivera Reconstruce.0 ' 0 _.tion Project by Excel Paving for a total cost of.$57,606. (2) Directed,the City- ,Clerk to file a Notice of Completion and notify the surety to exonerate the contract bonds.. (3) Directed the Finance Director to.rel,ease - the retention if no claims have - been filed against the contractor within the allowable time period. -2- SEPT* 5. 1989 STREET CONCR.ETE,REPAIR, (1) Accepted the work as GRANDVIEW AREA (14$4) `: . completed on the street /concrete repair project for the Grandview area project.by, Excel.Paving,.:.t.he total cost for ww,ich . was $258r101'. (2) Directed the City Clerk to file a '11otice of 'Completion and notify the surety to exonerate the contract bonds. (3) Directed the Finance Director to re l ease ' 'the retention if no claims had been filed against the contractor within the allowable time period. SANITATION DISTRICT - Authorized the Mayor and City, WESTMONT PARK. �(` 12 a 1) ' Clerk to execute the ro osed, -. P P. agreement with the Los Angeles County Sanitation Districts for use. of the district's Westmont Avenue site for ,,a cit 'y park upon completion of compliance with the California Envi ronmenta 1 Qua 1 i;ty _ Act:. _ LONG RANGE TRANS . . .. Adopted. the . long range PLAN (1505) transportation plan subject to environmental review. LEGISLATION . 308) Supported S81 reorganization of. transportation agencies (Robbins). Supported position of the City of El Monte in- opposing the National League of Cities' position modif ioatio:n on the Home Mortgage interest deduction, CLAIM AGAINST THE CITY Rejected the claim and d-irected VOLPICELLI ( 303) the,.RisJk Manager to notify. the claimant. PUBLIC WORRS Approved .addeaduan to -agsign MAINT CREW` -- CONTRACT' contract to_ P .'V-. Mai n-tenance , ADDENDUM (1204) RESOLUTION NO '0 $ 9 -$ 5 Adopted., _ESOLUT.ION NO., .,89-85: REGISTER OF DEMANDS: ALLOWING CERTA.IN.. 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 ro11, call vote: AYES: McTAGGART, HUGHES (ON ALL ITEMS EXCEPT "PRESENT" ON CONFIRMATION OF PLANNING COMMISSION. APPOINTMENT) , RYA14f- -HINCHLIFFE AND MAYOR BACHARACH NOES: NONE -3- SEPT, 5, 1989 RECYCLING FUNDS ' -- GRANT Mayor Bacharach, presented; ' , APPLICATIONS (1301)1. recycling grant of $6,000 to Stan Kielniarz and . Susan Brooks who were `' representing the Mira -Catal inat . land Cr.estmo.nt Homeowners Associations, to fund a joint beau t .f icat. o_n project of the one' -ha 1 f mi le' stretch' of Crest Road an the west side of Palos Verdes Drive East to Lucania Drive. Another grant was also presented. to the Ladera Linda Homeowners Association. Representative for a be ut .f ic,aiton project for the entrance to the.Ladera Linda community Center. The Mayor announced that . Mr . Torn 'Tutt1 e had won a ear s free x i trash pick -up servicetas'the- result of his participation in. r , the recycling Iottery . A name was` then drawn for' the C3ctober lottery. PUBLIC HEARINGS:' TENTATIVE PARCEL MAP NO. The Mayor declared the hearing 21015 APP9AL BAYRIDGEt1410f'open and the City'Clerk announced that notice been duly published'an, that numerous written protests were received by the City. The City Manager presented the recommendation to continue,.,., this Matter to the October 3, 1,989 meeting which would be renotioed `to the neiejhborhoo1d. A lengthy discussion ensured examining the reasons why the public hearing sobe held) at this time; questioning the applicant- ori` his reasons for `requesting^ a postponement;, determining if Council would be prejudicing the application if they went ahead and held the ;hearing at this . meeting ; evaluating the actual '_ l ength' o,f � t ime the apps. .,cant needed to perform hi's" additional � studies;'', and, questioning if the app'licant's request for a postppnement. was: based on the fact that there appeared to be overwhelm ng'opposit.on to the project. Additional comments centered, around the suggestion that Council could hear ' puIi-lic testimony but since there was no staff recommendation that a decision be delayed until one was presented. Representi-ng the applicant was David Wydorf, f , 2 315 Lomita Boulevard -; Torrance, who requ.est,ed that the hearing be continued to October 3 stating that this would be ample time to complete the traffic studies, Speaking in opposition to continuing the hearing to a later meeting was Vicki E. Scrimger, 26202 Birchf ield Avenue, who pointed out that a lot of people were in attendance at the `4- SEPT. 5, 1989 meeting to hear this matter. Also speaking in opposition to continuing the matter was Bill Slap, who also pointed out the fact : that _ a_ n ber . of ,.. peopFl a had come to the meeting to hear this matter, Councilman McTagga rt .. moved, seconded by .Councilman Ryan to hold.the public hearing at.thismeeting. The motion carried on a.three.- two vote with Councilmembers Bacharach and— Hughes voting in opposition. Speaking in opposition to the lot,split were the followin 9 residents: Yvonne . Goppert., =5507 - Bayridg:e....Ro.ad; - Lance GrindIe; 5337 Bayri:dge Road; . and, Vicki Sc.r- i- mgerr, 2.6202 .-B:irchf ield Avenue-* These residents...c.ited the ir�compatibi 1 ity : of . splitting this lo,,t... ,so two homes,, coul.d :be �-bu-ilt -upon - it; the fact . that it was not .i.n : compliance -wi4th the General- Plan; the increase in traf f i:c . that this spl -it, would generate; -view blockage in case the homes are two story; and, the possibility of land slippage in the area of that lot. Speaking again for the applicant was David Wydorff-, 2315. Lomita Boulevard, who requested that the Council make no decision but. instead wait unti1,they have presented =their additional studies Councilman Hinohliffe moved, seconded by Councilman Hughes and carried..to continue this matter until October 3 and require that the developer re- notice the community. ZONE CHANGE NO* 18,- The Mayor declared the . hea r i ng PORTUGUESE BEND CLP-B open and the City Clerk re- (1802) posted: notice had . been duly p u blished-. The City,.. Manager , presented, : the staff recommendation- to-- approve the request to change the coastal, setback line. (Councilman Hinchl �f f e announced that a he would abstain-from participating in the... discuss.ioa of this matter since - he is a resident of t Council inquired how the figure of 7.7 acres was arrived at; if residential..density.crgdit. had been previously granted; and, haw large,an. area for future development this adjustment would permit. Representing Transamerica was Bruce Arita, 858 Production -, Place , - Neewport .Beach, who - gave a brief overview of the area and'describeed the.accumulated geologic studies done by Moore & Taber* ire - requested con,cur-rence with the reque:.st f or : -the lot line adjustment stating that it would allow for clarification of the coastal set-back-because the- originafl one was imprecd.se ,. and that this , zone change i s the mechanism -5- SEPT. 5, 1989 to remove the prohibition :­of development o'f'the area., Speaking in favor of this zone change was Gail'Lo:vri*ch,, 104 Spindrift, speaking on behalf of the Portuguese Behd Club, Council l- .discussion .;concentrated on the 'fact'that this'- adjustment would permit the'buildin'g`o'&25 . to _"28 units"and'"on an explanation,of how the code provide'd for a density credit 0 Speaking in opposition to this change were the following re sidents Lois Larue, 3136 Bairkeritine# Allison Potter, 4265 Palos Verdes DriverSouthip: a resident from 4329' :Pal'os Verdes 01 Drive South* Kay'Bara. � eppe-r'tree--w and Chri's Traughbreh,, 1402 N. Cabrillo.- Avenue-f- San Pedroo Thesd'resi 'residents :Cited their concerns, about. 'geologic hazards',' over development : )of the area v and , inquired if-their pr6perte could be protected against damage resulting from building in the area. Councilman Ryan moved, seconded by Councilman Hughes and carried to close the public h6ar'ing, Councilman Hughes moved seconded by Councilman�Ryari and carried to deny the request, RECESS ATA0*14,p-m-Ithe Mayor declared a recess. At 9*0 -25 P.M. the meeting reconvened,.. AUDIENCE QUESTIONS*' (1801) items not on the agenda Barkentine who read from of Beach Sand at Abalone Construction? Mrs* Larue document into the record Responding to-the Mayor's call for audience questions for were the following: Lois Larue, 3136 a paper entitled The Disa earance Cove* Relation to Landsli or , : said she would continue to 1read this until she had'completed it* Roy Fulwider, 28219 ,Hazel ridge r inquired about 'the kind of development that the Coastal Commiksion wa's'interested 'in having along the coastline and the estimated number of golf rounds projected annually for the City's golf course. Richard Bara, I - Peppertree inquired about'the' status 'and ONO clarification of the proposal of'd**wn zonin 'to RS' A5*in the g moratorium area, EASTVIEW INCLUSION IN SCHOOL DISTRICT (1401)-, The following resider ts'.' spoke lin favor of' joining the Pa:los* Verdes Unified School - Dist-ri -& ct John Goggins, 1915 1. Redondela Drive* Walter Yeager, representing the 9014i' hg Hills Riviera ' Homeowners Association, 27803'Mohtereina Drive* Leo J. Connolly, 1,953- Avenida Feliciano; and Craig Kelford,, 1964 SEPT, 5. 1989 Redondela Drive:** These speakers stressed their views for the importance of joining the PVUSD. Jeffrey Younggren, 4262 Exu'ltant-Drivef representing the Palos Verdes Unif i"ed, School bistrict, said that 'the Board supported the inclusion of the Eastview area in the District and that the- issue will lie put on the next School l-Board agenda, Council then discussed the'-po'gsibility of special legislation* if a lobbyist should'be hired to help shepherd this matter 'through the Legislature; and, if Senator Beverly and Assemblyman Fe'lan"do c6uld­darry-this special legislation. Mayor Bacharach moved, seconded by Councilman McTaggart and carried to go on--record'as supporting the inclusion of the Eastvi*e-w area in the PVUSI5 And direct' staff to prepare resolution for adoption at the 'next meeting stating the reasons (whereases) for supporting inclusion of the Eastview Area 'into the PVPUSD*.;,(b)'to create a task force with representativea'"from the'City Counci lr EPEC, PVPUSD, residents from Eastview,'*airid*Assemblymen'Pela'*ndo's and Senator Beverly's office. (c) that the City Manager assign support staff. (d) ask PVPUSD and other Peninsula Cities to take similar action and go on record supporting the inclusion of Eastview. (e);sponsor/arrang6 a Town H' All meeting in the Eastview area at the appropriate time-,, (f) investigatelan appropriate lobbyist and determine costs to the City., VARIANCE ND. 235 APPEAL The Mayor declared the hearing 203 SEASCAPE--' open; and the City Clerk (1801 X 1804) reported'notice had been duly published and- that no . written protests were received by the City*. The City.Manag-eir'-present6d the recommendation to deny the appeal. Councilman Hinchliffe reported that he had received a notice regarding this matter and . that he -lived within 480 ft. of.the project, that he:-w6uld% not 'derive any . e . conomid- benefit from this project and consequently could participate in the discussion of this matter. The app licant,:Willian! Hassoldt­203 Seascape presented p 1, pictures of -his - lhome and the,proposed -projec He said 'that this project will increase the liveable space inhis small cottage and that this deck would be over a slope. He said that it does - not infring.e'upon -any- setback and- thatthere would be no need to inc'rease�the plumbing in the home. There,-being no response to the Mayor's call for public -7- SEPT* 5, 1989 tostimony,.she declared t.he.public hearing closed., Councilman McTaggart approve the appeal. '4 instructed.to preparl RESOLUTION NO* 819-86 APPEAL OF NUISANCE ABATEMENT (1701) moved, seconded by Councilman Ryan to .The motion carried. , Staff was e a resolution for the next agenda. The.City Manager presented the staff recommendation to ,dismiss the appeal to the Notice and Order thereby determining that a public nuisance exists.at 5500 Palos, Verdes Drive South .and authorizing the City ls,Code Enforcement.s-taff.to Proceed-with the nuisance abatement process. The appellant, Mr..Mitchell Li 4tman, said that-at the last meeting the discussion focused on' water seepage and he then inquired specifically what structures were subject to the abatement process. In particular, he inquired about the elimination of the four other dwelling units- on�the property in exchange. for returning the property to a.single family dwelling. He said this would lessen the water seepage,_... problem. Council then remarked that the property would then have to be hooked up to the sewage-,.system and the fact that this was an opportunity to reduce density on the site. It was the consensus that an agreement should be prepared containing.mitigating measures satisfying the City's concerns and that such an agreement should be presented to Council for approval,ar4d,. that .this requirement should be in- cluded in the proposed resolution. RESOLUTION NO* 89-86 DISMISSING'.THE APPEAL OF THE NOTICE AND ORDER TO ABATE A PUBLIC NUISANCE AT 5500 PALOS VERDES DRIVE SOUTH was presented by title. and ADOPTED as amended on motion of Councilman Hughes, seconded by Councilman Hinc'hliffe and carried. Additional discussion included the direction that staff: shou.1d.clarify the ownership of this property. Lois Larue, 3136 garkentine, speaking on behalf of the previous property owner, Clarinita Hixon, told the Council that the ' re are structures on the property that were built for the 1932,01Ympics and suggested that instead of removing the buildings, that. they be preserved as historical sites... Kay Bara, 1 Peppertree, reiterated the fact that these buildings.were listed as historical sites. ..M 8 SEPT* 5, 1989 FEE WAIVER-FOR VARIANCE- The City Manager presented the 6343 VILLA ROSA. -( 3.203-- x recommendation to waive fees 18 8 4 .) i n• the amount o f $ 2 9 8. The.applicant in this matter, Ellen Osborne,- 6343 Villa Rosa, told the Council that it has taken 12 months to get approval for her variance and presented a, journal relating'the"process for approval of hers appl ioation. - (This journal`iws on file with the City C16rk.` s-., -,Off ' ce. )° Councilman Ryan moved . seconded by 'Counciiman Hughes to -waive the fees . in th .. amount `6f x$298 The motion carried on the following roll call vote: AYES. McTAGGART , `HUGHES RYAN & MAYOR' BACHARACH NOES: HIN°OHLI'FFE LANDSLIDE MORATORIUM" • ­� The City .­'Manag'e'r presented the EXEMPTION NO . 29 112 _ staf f i6ckmoranddm and ` the SPINDRIFT ( 18 U4 ) r'ectc mmendat on to approve the appl ibant's r6quest for a moratorium exemption for a 249.14 sq. ft. addition for expansion. of the living. room and bedrooms,­ replacement Iof an exiting retaining �wal-.1 plumbing repair and . relocation with, no additional water usage subject -to additional conditions- imposed-by the City Council 1isted as `part of' -Exhibit "i' . z Councilman Ryan moved, seconded by Mayor Bacharach to approve the staff recommendation*' T•he motion carried. ACLAD - RE- APPOINTHENT- Approved the District's OF BOARD MEMBERS request t`o reappo►int Dave '1_ ' (1801) Whtemore, Harriet B. Medwe = and Mary V-*- Sheridan to serve unt'i 1 September, 1993. KLONDI KE• CANYON - Approved the -Di strict s GEOLOGIC HAZARD ABATEMENT' request'to reappoint Charles DIST. -- RE- APPOINT B: Hotchkiss' and Grant Hornbeak MENT OF BOARD MEMBERS to serve until September (1881) September, 1993. CITY COUNCIL REPORTS.:. CABLE TV'., t 6 0 5 3 A`l 1udi'ng to the' recent 3 Congressional review of cable TV rates and regulations, Councilman McTaggart requested..that staff apprise Council,.- bf any new information - on the ' issue. The consensus was-to add this to the Status of Council Directives. -9- SEPT. 5, 1989 REGIONAL-SHERIFF Mayor Ba.chara.ch .- reported that she had attended . a Reg ions 1 Sheriff meeting. where., it was agreed that the Sheriff's cars would have a map of the recycling routes so they can monitor those areas to prevent scavenging of recyclable materials. Additionally,. at .,that meeting it -was- decided to . hold - school traffic safety conferences to discuss egmmonp , sense traffic safety issues . Another item discussed- was -the growin g number of false alarms and it was agreed that an informational door hanger would be used to notify people of " :.thei.r false alarms. it was also decided - that a meet ing - -would be ,;.h.e ld :on September S e tem be r 27 and that representatives from the , vario *g . alarm companies . would be invited to attend and discuss the issue of customer education and how to reduce . the- .number of false alarms, PENINSULA PRESERVATION Councilman Hinchliffe QUESTIONNAIRE -cited his concern for the phrasing of questions on the questionnaire circulated aby; Peninsula Prewervat on R to City Counc i lmember ' an .ire , . _ . . . � particular . .ar whethe.they �.raised any' i . legal. issues. He inquired i f : there was any obligation to respond to the . quest ion -na i re . City Attor -ney Ca.l±onne , ±opined that .becaus1e :of the Council's stewardship .of the -C ty'.s ~interests they .should -ref rain-. from responding to any. _ issues that .are;. ; likely to come bef ore them for a, decision since their answers may ;be construed as 'a p re- commitment, Responding to Council's inq.ui_ry about membership-in Peninsula Peninsula a Preservation (PP), Erica Stuart, 80 Narcissa, told, the Council that ;sh.e,.:was . , not a member of Penin8ula ProserVation she did, however however, attend a - meet -ing and donated money--for . coffee Richard 1eppertree, also told the Council that he had . attended. , PP: meet i ng:s but was not a member however he was a member of the Palos Verdes Land Conservancy.- Lois Larue, 3136 Barkentine Road, also said that she was not a member of PP but was..a member of the American Civil Liberties Union.* Roy Fulwider,, 28219 1 Hanel ridge:, : ,stated. his. object o;h to the recent newspaper article about the Peninsula Preservation - organization. SILVER SPUR PROJECT The City Manager presented the September. 1 staf f memorandum which reported that staff is working with a consultant to .,fina.lize the detailed cost estimates and -plans for further discussion .of this project with the school board. LANDSLIDE MORATORIUM The City Manager presented the ADMI&. PROCEDURES (1801), September 5, 1989 memorandum which contained the -10- SEPT. 5, 1989 administrative procedures for implementing the recently adopted landslide moratorium ordinance. Council was requested to submit their comments to staff by October 5, 1989. ITEM REMOVED FROM THE CONSENT CALENDAR: RESOLUTION NO. 89 -87 After staff clarification of HEIGHT VARIANCE (1804) the changes made to the proposed resolution, and further Council input, RESOLUTION No. 89--87 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL OF HEIGHT VARIATION NO. 574 THEREBY SUSTAINING THE PLANNING COMMISSION APPROVAL OF THE PROJECT AT 4109 LORRAINE ROAD was presented by title and ADOPTED motion Councilman Hinchliffe, seconded by Councilman McTaggart and carried. RECESS To CLOSED SESSION At 12:10 A.M. the meeting recessed to a closed session pursuant to Government Code Section 54956.9 (a) to confer with and receive advice from legal counsel regarding pending litigation as defined in said section. Pursuant to subdivision (a) a legal proceeding has been formally initiated the title of which was Segreto v. the City of Rancho Palos Verdes. RECONVENE & ADJOURNMENT At 12 :30 A.M. the meeting reconvened and immediately adjourned on motion of Councilman Hughes. A al MAYOR ATTEST: 9589 -011- SEPTEMBER 5, 1989