Loading...
CC MINS 19890919M I N U T E., S RANCHO PALOS VERDES..CI.TY COUNCIL- _ ; . REGULAR MEETING SEPTEMBER 19, 1989 CLOSED SESSION: At 6 :30 P.M.- the meeting: was r; called to order by. Mayor.:: Bach rach.at Hesse `Par C,.ommunity Center, 29301 Hawthorne Boulevard and. immediately,, recessed. to a. closed sessrion. T -he City Attorney announced that said session was being held pursuant to Government C._ode. Section 54956.9a to di -scuss - persennel matters At 7 :30 P.M. the meeting reconvened with no action taken. The 'regular business meet. n'g,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, HINCHLIFFE,.RYAN -AND MAYOR BACHARACH. Also present was Acting Ci,ty,.Manager Robert Benard. City Attorney Ariel P %ertre Calonne,. Director of ,Public Works George Wentz, Finance Director Kevin Smith and City Clerk Jo Purcell, CEREMONIAL MATTER Mayor Bacharach presented a : - i is ceremonial proc.l amat ion: -to Terry Rogers in appreciation -of her tenure of service to P.V. Transit. WAIVER OF FULL' READINGS Councilman McTaggart moved, ORDINANCES AND RESOLUTIONS seconded by Councilman Hinchl if f e -and.. - curried: to waive reading in furl 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 by Councilman Hughes, seconded by Councilman -r Hinchliffe. and carried. CONSENT CALENDAR. After removal of the minutes of August 7, 1989 (to be placed on a later agenda) and the policy for use of recycling funds (to be considered at the end of the meeting) the Consent Calendar was approved as follows on motion of Councilman Hinchliffe, seconded by Councilman Hughes ROCKINGHORSE SEWER Accepted the easements and ASSESSMENT DISTRICT (901) directed the City Clerk to record the same with the L.A. County Recorder's Office. REQUEST FOR ADDITIONAL FUNDS Approved an additional FOR-;CABLE TELEVISION' $2,143 cunt r ibution' to ' the AUTHORITY (605) Cable TV Joint Powers Authority fuhdedby,'the'Public /Government Access fund where �suf f icient Rinds have been budgeted. ADMINISTRATI"VE ANALYST h Approved one administrative.. POSITION (1181 x 1202) analyst position for the 'City Manager's office. FINAL PARCEL MAP NO. 1901.6 Accepted. the dedications. and (1410, authorized the City Clerk to sign the final map. WAIVER OF SIGN PERMIT FEES'- 'Authorized the 'Director to PORTUGUESE BEND HORSE SHOW waive the application fee (2283) related to sign permit no. 480 for two temporary s ig.ns for the Peninsula Committee Children's n' ' Hospital in their sponsor of the Portuguese Bend Horse 'S how . RESOL. No. 89 -88 ADOPTED RESOLUTION,No.. 89 -88 VARIANCE NO. 2 15'AND COASTAL - APPROVING THE APPEAL OF PERMIT NO . T1: ` (--18 84) VARIANCE No . 2 3 5 AND COASTAL PERMIT 'go .. X11. AND OVERTURNING THE PLANNING,COMMISSION'S, DECISION TO DENY A DECK ADDITION AT 203 SEASCAPE. GRANT APPLICATION FORT USE Authorized a $3 , 000 g rant from OF RECYCLING:FUNDS (1,1301) "the Rancho Palos Verdes Recycling Fund to the Portuguese Bend Community Homeowners Association. WAIVER OF PUBLIC WORKS Waived Public Works fees for PERMIT FOR RECYCLING GRANTS encroachment permits related (1204 X 13011 to recycling grants. RESOLUTION NO.'89 -89 Adopted RESOLUTION No. 89 -89 REGISTER OF DEMANDS ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. -2- SEPT. 19, 1989 The motion to approve the Consent Calendar carried on the following roll call- vote-: AYES* McTAGGART , HUGHES , HINCHLI �'FE ; RYAN AND MAYOR,BACHARACH NOES: NONE PUBLIC HEARING.: VARIANCE NO. 227, The Mayor-declared-the hearing GRADING No. 1261 APPEAL open and the City CIerk-report- (1804) ed notice had been duly published-and that no written- protests were received`by, the City. Acting City * Manager Benard presented the staf f inemorandum of September 19th and the recommendation to adopt'a resol=ution denying the appeal of Variance No. 227 for an existing residence with a downslope height exceedi-ng 30 feet,- a .direct access garage and a brYidge strt�c'ture =that encroached lnto the 20 f oot setback, and g'radi -ng- - app'1 rcation No. 1216 for a 4 1/2 foot high and two 5 foot ''high, retaining E wa 11 s , thereby approving- the project at 49 1/2 Rockinghorse. Paul Shoban, 49 1/2 Rockinghorse- Road,.strongly expressed his frustration with the variance process. The City Attorney opined that the concern was whether this - variance caused--an impact that the , easement . f o-r" the neighbor would remedy. RESOLUTION NO 89 -90 DENYING THE APPEAL OF VARIANCE No. 227 FOR AN EXISTING RESIDENCE WITH A DOWNSLOPE HEIGHT EXCEEDING 30 FEET, A DIRECT ACCESS GARAGE AND A BRIDGE STRUCTURE THAT ENCROACH INTO THE 20 FOOT SETBACK, AND GRADING, APPLICATION NOW 1216 FOR A 4 1/2 FOOT HIGH AND TWO FOOT HIGH RETAINING WALLS . - THEREBY APPROVI:NG THE PROJECT AT 49 1/2 ROCKINGHORSE was- presented' 'by title and adopted dn motion -of Councilman Ryan, seconded.by Councilman Hinchliffe and carried. INCLUSION OF EASTVIEW IN . Mr. Benard presented THE P.V.P.U.S.Do the staff recommendation to- (105 X 1401) adopt a resolution supporting inclusion of residents-of the Eastview area of Rancho Palos Verdes into ' the Palas' 'Verdes'' Peninsula Unified School District. Speaking in support of the adoption of this resolution was Craig Kelford, 1964 Redondela Ave., who s=aid" th'a"t' he was -3- SEPT. 19, 1989 co-chairman of the Citizen's Ad Hoc Committee that is working on this effort for inclusion in the school district. The organization now has the acronym of RULE (Residents For Unified. -Loca;l.,Educat ion) . Steve Kuykendal-1, 6544 Locklenna, voiced his opinion in favor of one school district and that the task force not include both EPEC and school, district representatives since they have been involved in litigation. Council then studied the proposed resolution and it was -the* consensus that it should contain a "whereas" clause describing the inclusion of the Eastview Area into the Palos Verdes Library District RESOLUTION Noo,89-91. SUPPORTING THE INCLUSION OF RESIDENTS OF THE EASTVIEW AREA OF RANCHO PALOS VERDES-INTO THE,PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT was presented by title and adopted -on -motion of _Councilman Ryan, - seconded by Councilman Hughes,and.carried. Staff ..was directed to send a copy of this resolution-to the Peninsula:C-itiesr -an additional ,,consensus..was that the budget appropriation request was unnecessary. ;Staff was ::also requested to find out about the process for inclusion in the school district, determine the cost for an appropriate lobbyist* and, provide Council with copies of the task force letters that.had been mailed out on this sub ect, Additional Council discussion ensued concerning the following issues :.whether- the perception had been .:conveyed that-the- City was getting involved in school district business* if the task force would send the right signals* and concern that this would become a political football* Finally, it was the consensus. that only governmental agencies should be included. in the task force,.' APPEAL OF C.U.P. NO* 23 Mr* Benard presented the (1804) recommendation to-. dismiss the appeal thereby upholding the Planning Commission's action and establish a--30 day time limit for completing the conditions of approval. It was the consensus that both the appeal of the conditional use permit and the nuisance abatement item would-be discussed.. concurrently.- Mr. Tam presented his.-memorandum:to the Council which stated the reasons for upholding the appeal, Associate Planner Joel Rojas explained the process followed in issuing the notifications to Mr. .Tam and his continuation of construction of the wall. _4- SEPT* 19, 1989 Discussion then ensued about the development of.th� Seacliff Hills area in general , � whether guidelines and- conditions had been set for this tract, and if there were any unique criteria for walls along Palos Verdes Drive. South Councilman Hinchliffe moved, seconded by Councilman''Hughes to adopt the staff recommendation. Additional discussion then continued regarding the wall that had been built by.Mr.`Tam and whether -it was inspected to determine its adequacy and the fact that the slope of the property had changed and the wall was then measured from the new higher slope... Mayor Bacharach moved, seoonded'by Councilman Ryan to table this item to 6:00 P.M. on October 3, 1989 to the Tam site. The motion carried on a 3 -2 vote with Council.members Hinchliffe and Hughes voting in'opposition. The City Attorney announced that it would be a public hearing and that the City C-oun'Cil, th-e staff, and the public could be in attendance at the meeting -at'Mr. Tam's house. It was the consensus that staff should prepare an analysis of how the wall could be determined to be safe without: taking it down. RECESS AND RECONVENE At 9.20 P.M. the Mayor declared. a recess. At 9:35 P.M. the meeting reconvened. AUDIENCE- QUESTIONS : t Lois Larue, 3136. Barkentine,Road, (1804 )' continued reading her paper The Disappearance of Beach Sa d t Abalone Cove: T Relation 'to Landslidng .or Construction. CA A copy of this paper is on file with the City Clerk's Office.) Paul Weisz, 32365 Phantom'' Drive, - presented the results of a coastal development poll. conducted by the.Ladera Linda Home. -. owners Assoc iat ion... ( This poll is on f i 1 e. ' w,i.th the City Clerk's office.-)' Mr. Weisz stated, hiss opposition to the Forrestal Development Roy Fulwider, 21219.Hazelridge, inquired about.the purchase_ of trails; the availability of the'book containing information about coastal developments that councilman.Ryan, had been associated with; and, finally, about the replacement of a fence at his home, David Roche, 1984 Peninsula Verde.Drive, inquired about...the inclusion of the Eastview Area into the school district and whether or not it encompassed the geographic area,or the residents. 75-- SEPT. 19, 1989 Bob M6,Nulty, 19 Mustang Road, commented on the dangerous traffic situation existing'at P.V.D*Eo.near Bronco and .in- quired about what. ,reme'dies the City could take to increase the safety of the ' area * Staff was requested to find out if this area qualified for HES funding. Richard Bara', 1 P reques .,eppertree,.',, ted clarification of the area that would be in''cluded'in-the moratorium to be zoned RS A50 Joel King, 6919 Maycroft, inquired about the possibility of expanding the City. Council to seven members ISLAND VIEW LANDS`C�PING/ -The ,staff A reco-mmen,.. a tion was MEADOW PARK AND TRACT pres. . ented as follows,* to accept 38848.(1411). public testimony from .area residents an I d approve in. esi concept the -changes in. landscaping outlined in the staff':repo'rt*'direc't the staff to formulate language for maintenance/ of vegetation height by the Homeowners Association and to further evaluate - : grading and drainage concerns and present to City I y o Co I uncil I at . the October 17th meeting, These following's'pea,kers expressed their concern about the present and possible blockage of..view caused by trees that have been planted in the perimeter park of the Island View Development: Ted Bradford, 34 San Clemente Drive, Tom;Coull, 34 San Clemente Drive, Ralph Gilbert, 5744 Sunmist Drive, Michael Ricco, 29356 Quailwood Drive, President of .the Mesa Palos Verdes'.Homes'Asso'ciation and Clara Voce., 15811 , Sum* st Drive, SU'nshiner.,6 L.imetree and Norman Taylor, .5 Sunmist. Questions were raised about whether the -land ca ping was installed according to plans 'and what would be 'a reasonable compromise to ensure. the non-interference of views* Concern was expressed that the remedy for this vi ew blockage should be one that, would be-.'enfo.rceable, and -'iqould-be administered on a regular basis so not to allow the eventual blockage of 7 7 I p_l 1 11 1 the presen't' views . 1 .. The question of who would pay for the maintenance was also broached during the discussion, Further 'Cou'ncil..discus . sion,resulted.in',the suggestion that the homeowner group should appl' for recycling funds y to cower .the cost, of replacing some of the landsca'ping, The question of who was in attendance at the.meeting held at City Hall to discuss this issue was raised and whether all concerned part.ies,hadbeen notified,. It was the consensus that another meeting should be held .with-the.,interest . ed parties to try and..re.,ach a,compromise so.lutio.n.to this landscaping problem. -6- SEPT. 19, 1989 MORATORIUM EXEMPTION NO* 28,- The Acting City Manager' 98 YACHT HARBOR DR* (1801) presented the staff memorandum and the recommendation to deny the proposed exemptionlrequest'- for the following: (1�-) A 400 sq. foot bedroom and bathroom addition: `t2) A portion of an existing rear yard deck extending over an extreme slope.- Approve the proposed exemption request for the following subject to the conditions in Exhibit "A" (1) An existing 187 sq. foot covered patio in the rear 'yard, (D An existing-483 sq. foot covered patio in the side yard, Councilman Hinchliffe announced that he lived within 300 feet of this project and consequently was excusing himself from the discussion,, City Attorney-Calonne based upoh the fact that - the applicant was"a'- partner in his law firm also excused himself from participating in the discussion. Lee Paterson,-98 Yacht Harbor Drive, spoke against the staff recommendation. Describing his property and the lot coverage, he expressed opposition to the description of the patio and stated it, was "a tre-lli's and not-'a solid cover. He also voiced his 'Objection to ,restriction #8 on Exhibit` A".-of the staff report. Council then briefly discussed the reason - for ' putt :"L'ng such - a - restriction on property and what could be done with this property under-normal-building rules. Councilman Hughes moved, seconded by Councilman McTaggart to adopt the staff*recommendation-. A substitute -idotio'nVa§ pro= posed by-Councilman Ryan, seconded by Councilman MdTaggartto ''exi: allow the 400 square"foot"bedroomi� a portion o f an 'existing rear yard , deck 'extending over an extreme slope and existing 187 square foot cov'ered patio ,i-n*,the rear yard and'-an. ex- isting 483 square foot covered patio ,"O'n' the -side yard..- Council clarified that this would -allow - the'-applidant to go through the planning permit process - based upon `the merits of` the project. A brief discussion then ensued about the fact that one of the 'decks would be over an extreme slope.. The substitute motion carried on a 3-1-1 vote with Councilman Hughes voting in opposition (Councilman Hinchliffe abstaining), RESOLUTION NO* 89-92 - The Acting City Manager pre - SITE PLAN REVIEW NO* 4922 sented the staff memorandum (1801) andthe recommendation to adopt a resolution denying a request to modify staff approval of Site Pl'an' Review No. 4922"1 or A ground- mounted satellite dish-antenna'at-2175- Rockinghorse Road and denying a request to waive review fees. -7- SEPT* 19, 1989 Speaking in support,of this request for review-and a-request for a fee-waiver were the following: Gemma Finazzo, 2175 Rockinghorse Road, Tony ..Pirrozi,-2016 General; Josephine Finazzo, 2175 Rockinghorse (Ms. Finazzo presented a prepared statement which is on file with the City Clerk's.Office), Stephano Finazzo, 2175 Rockinghorse* These-speakers.cited FCC rulings preempting -]vocal zoning and other regulations pertaining to antenna facilities* Additionally-, they cited the difficulty in-arranging-for the trimming of the trees to allow proper reception by the satellite- dish:. Speaking in opposi.tion.to this review were Gilbert Alberio, 2177 Rockinghorse Road, and Carmen Alberio, who told the Council that they. had not been allowed to enter onto the applicant's property to see whether it really was necessary to remove their trees.. Additionally, they=clted.the fact. that this dish was mounted on the roof three years ago without a permit.-,and requested that it be removed so their livingroom view could bexestored* Council briefly discussed.the.fact that two locations had been recommended by.staff and.whether it was the rear or front trees on Mr. Alberio's property that needed to be trimmed. The problem of placement of the antenna in the setback area was also --propounded. Councilman Hinchliffe moved, seconded key Councilman Hughes to adopt the staff recommendation and that the staff would,have discretion over the setback issue. Motion carried unanimously. Section 2.of the proposed. resolution was modified to allow for the possible placement of this antenna in the setback area. RESOLUTION NO. 89-92 DENYING A REQUEST TO MODIFY.STAFF APPROVAL OF SITE PLAN REVIEW -NOo.4,922 FOR -A GROUND .MOUNTED SATELLITE DISH ANTENNA AT 2175-ROCKINGHORSE ROAD AND DENYING A REQUEST TO WAIVE REVIEW FEES was presented,by -title and adopted as amended on mot ion of Councilman Binchliffe seconded by Councilman Hu.ghes-..and carried. RECESS AND RECONVENE At 12:00A*M* the. Mayor declared a recess. At 12:15 A.M. the meeting reconvened, CITY COUNCIL REPORTS, HOUSEKEEPING-ITEMS.,-.. Councilman McTaggart said that CITY HALL he-disavowed Councilman's Hinchliffe objections to the Peninsula Preservation Questionnaire. Stating-that he had spoken with Dr. Manning who admitted the questionnaire was faulty, however he still wanted to disavow himself-of the objections made to the questionnaire. SEPT. 19,, 1989 PENINSULA PRESERVATION Councilman Hinchliffe,reported MEETING that he attended the last meeting of,Peninsula Preservation and reported.-ton-the attendanee of.-M*'r . Ken Zuckerman at. that ...meeting and in -particular on the testimony of a.-Mr.. 'Craig Axton who talked about the geology of the- Peninsula6 Focus of the geology report,was the Portuguese Bend Slide.Area, and ,,other.-slide areas along the coast. He questioned whether the Zuckerman - property was in a:potential slide area and,as,a result of - that raised the issue of what would happen.if,..the Zuckerman .;land -.was!deeded to the Peninsula Conservancy: -and: if there was resulting -liability to the City in such,an event* The City Attorney opined. -that :­there was a7 remote -possibility of liability to the City. Dr. Chris Manning, 29438.Quailwood-Drive,,.made some general comments regarding the Peninsula Preservation group, their goal to inform. the community,­ their participation in the electoral process, and their .-desire: to inform residents of Kathy Manning reiterated the development in.the City... F purposes for .the formation .of -Peninsula ,Pr'eservat.ion, stating that they are particularly-int.erested -in -major, developments `� along the coastline.—Moreover, they were concerned about the residents need eed .-to know,-and to. present ,a balance between- the rights of residents -versus the developer's rights-. Alan Carlan, 4951 Rockvalley questioned if the reason for putting this item on the agenda was to talk'about1the geology of the coastal area., J.J.D. McLaren, 3923 Palos Verdes Dr. South, commented on the golf course development-*..,: Bob McNulty,, 19 Mustang Lane-, summarized his impressions of a PP meeting. -he attendedi. Lois Larue, 3136 Barkentine, requested that the Council censure Counc-ilmain.,Hinch-liffe for his remarks- regarding Dr. and Mrs Manning. Roy Fulwider, 28219 Hazelridge, said he felt that PP was a front for political activity and for candidates for City Council. Erica Stuart, 60 Narcissa, said she went to the PP meeting to get - information for .her .-newspaper . -9_ SEPT* 19, 1989 RESIDENTIAL PLANNED DEVELOP- Mayor Bacharach alluded to the MEN T STANDARDS A1801) discussion at the Planning Commission meeting whereat the subject of guidelines and standards for clustering houses in RPD's was discussed. -She recommended that a-workshop be held ,tol-;discuss this.- issue -and clarify standards and criteria. Council discussion-:ensued,regarding the current projects and how buildings .were :designed .and built now compared .with .design , standards- that were in,effect,at - the time. the General Plan was written. The suggestion was made that perhaps,,some kind of a model presentation would be necessary in -order -to.deter.mi-ne the impact of design standards,,.., Concern was expre-sse-d about the= compatibility' standards that were a part of the November ballot, propositions. It was the consensus to schedule a work shop to discussz-cl.ustering guidel Ines ,,and-standards., CITY MANAGER REPORTS, 0 STATUS OF COUNCIL DIRECTIVES, Council requested an update - -on -the Hawthorne Undergro'unding project ' and nd also l requested that staff request the contractor to instal l- ramping material at. the ateelplates ', installed along-Hawthorne Boulevard* Counc," 1, al so requested that an item regarding National- Cable TVJegislatio:n,, and Art in Pub,l is Places- be, put on the: Iist 0 St°af f was - requested to look-into the issue of maintenance and- ..overlay districts* for neighborhoods adjacent to major arterials'. I TENS ,REMOVED FROM -.THE, CONSENT CALENDAR, GRANT APPLICATION POLICY Staff summarized-the changes (1301) made to the policies for the recycling program.- A dis- cussion followed regarding the appropriateness"of recycling funds for payment of a crossing guard., Warren Sweetnam, 7 Top ,Rai l Lane, representing the Rocking- horse Homeowners Association inquired about the possibility of getting recycling funds to help defray the costs of maintaining their.: private str,eets.' Lois Larue, 3136 Barkentine, reported on what she felt were two new slides near the Arrowroot area. It was the consensus that the -:-recyclinggrant award policy be brought back to the October 3rd meeting. -14- SEPT* 19, 1989 ADJOURNMENT 0 . ATTEST, At 2:00 A.M. the meeting adjourned on motion of Councilman Hughes. MAYOR 91989 -11- SEPT* 19, 1989