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CC MINS 19891003M, I N U T E S RANCHO PALOS VERDES. CITY COUNCIL REGULAR MEETING OCTOBER 3, 1989 C.U.P. NOe 23 AND GRADING Per their motion at the Sept. PERMIT NO. 1251 SITE VISIT 19, 1989 meeting Council (1804) visited the Tam residence at 32525 Seacliff Drive to inspect the wall that had been built on the property and view the slope of the backyard area. Upon completion of the site visit, council adjourned to the 6:30 P.M. Closed Session. 0 CLOSED SESSION, At 6*030 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 54956.9(b) to confer with or receive advice from legal counsel regarding pending litigation as defined in said section. At 70*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: McTAGGART, HUGHES, HINCHLIFFEr AND MAYOR BACHARACH ABSENT, RYAN Also present were City Manager Dennis McDuffie F 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. The City Attorney announced that the Council had met in Closed Session pursuant to Government Code Section 54956.9(a) to confer with or receive advice from legal counsel regarding pending litigation as defined in said section. Pursuant to that title, Council discussed the matter of Citizens against Undergrounding vs* Rancho Palos Verdes, Amador vs. Rancho Palos Verdes and Segreto vs. Rancho Palos Verdes, CEREMONIAL MATTER Pat Dreizler in recognition with the South Bay Juvenile also thanked the members of Committee for their efforts City's Parks Master Plan, Mayor Bacharach presented a ceremonial proclamation to of her 15 year tenure of service Diversion Project* The Mayor the Parks Master Plan Review and dedication in revising the WAIVER OF FULL READING Councilman McTaggart moved, seconded by Councilman Hughes and carried to waive reading in full of all ordinances and resolutions adopted at the 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 Councilman McTaggart, seconded by Councilman Hughes and carried, CONSENT CALENDAR The resolution authorizing the destruction of certain city records was moved to the end of the agenda for clarification. The Consent Calendar was approved as follows on motion of Councilman Hughes, seconded by Councilman Hinchliffe. MINUTES The minutes of August 7, and September 5, 1989 were approved as presented. RESOLe N09 89-93 Adopted RESOL NO* 89-93 COUNTY OF L.A. COUNTY REQUESTING AN ALLOCATION AND AID TO CITIES (601 x 1404) PAYMENT OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF SELECT SYSTEM STREETS* LEGISLATION SCAG RESOL* Directed staff to send a letter (306) supporting SCAG's position re: the 1990 census, CLEAN-UP DAY AT CITY HALL Approved scheduling of October (302) 9, 1989 as clean-up day and authorized the closure of City Hall except for telephone service for that day. RESOL* NO* 89-94 APPROVING (1) Adopted RESOL. 89-94 THE FIGHT GRIDLOCK*ORD* AND APPROVING THE FIGHT GRIDLOCK EXPENDITURE PLAN (1502) ORDINANCE AND EXPENDITURE PLAN, FEE WAIVER FOR PV ART Authorized the Director of CENTER (1203) Environmental Services to waive the application fee related to Special Use Permit No. 74 for a Cook's Tour, P.V. TRANSIT EXTENDED Approved extending the hours EVENING HOURS (1505) of operation for P.V. Transit on Wednesday, Friday and Saturday evenings from 90#30 P.M. to 10**30 P.M. and allocated $1,556 of Prop "A" Funds for a six-month trial period. I PAGE TWO OCTOBER 3. 1989 RESOL. NO. 89 -95 Adopted RESOL. 89 -95 ALLOWING REGISTER OF DEMANDS 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, HUGHES, HINCHLIFFE, AND MAYOR BACHARACH NOES *-p NONE ABSENT: RYAN PUBLIC HEARINGS: RESOL. NO.. 89 -96 - VEHICLE CODE ENFORCEMENT - ROCKINGHORSE ROAD (1502) Mayor Ba:charach declared that this was a continued public hearing from August 15, 1989 The City Manager presented the-recommendation to adopt a resolution to establish vehicle code enforcement on Rocking - horse Road below Narbonne -Ave. There being no response to the Mayor's call for public testimony, she declared the hearing closed. RESOLUTION NO. 89 -96 ESTABLISHING VEHICLE CODE ENFORCEMENT ON ROCKINGHORSE ROAD BELOW NARBONNE AVENUE was presented by title and ADOPTED on motion of Councilman Hinchliffe, seconded by Councilman McTaggart and carried. TENTATIVE PARCEL MAP NO. Mayor Bacharach declared that 21015 APPEAL (1410) this was a continued hearing, from the September 5, 1989 meeting. The City Manager presented the recommendation to close the public hearing and that Council should receive and file the request since the applicant had withdrawn his application. Councilman McTaggart so moved, seconded by Councilman Hughes and carried. PAGE THREE OCTOBER 3, 1989 C.U.P. NO* 10 REVISION & Mayor Bacharach declared the EIR 223 - REVISION APPEAL hearing open and the City Clerk AND FEE WAIVER REQUEST announced that notice had been (1804) duly published. The City Manager presented the recommendation to uphold the Planning Commission's approval of the project with conditions, thereby denying the appeal and denying the fee waiver request. Council inquired if any research had been done to relocate this facility on property owned by the Redevelopment Agen I cy; if any thought had been given to using the Ladera'Linda facility for this archery club; and, the suggestion was made that because of the remoteness of the area that a telephone be installed at the facility. Speaking in opposition to the use of this property by the South Bay Archery Club were the following residents* Steve r Goppert, 36 Cinnamon Lane,-who stated he was repege*nting the Portuguese Bend Community Association; and Sunshine, -6 Limetree. Their objections centered around the safety factor in having an archery range close to trails and hiking areas; the consumption of alcohol by people participating in this sport at that location; the increased risk of fire; and they questioned whether all of the people who visited that location were indeed members of the club. Speaking in support of the South Bay Archery Club's use of this property were the following** Bruce Primm, 17520 Elgar, Torrance* Bob Pinkerton, 6364 Louis Avenue, Long Beach* and, Lynn Cicotte, 26447 Basswood Avenue. These speakers addressed the issue of safety by citing the fact that the topography of the area was ideal for an archery range; that the people who have access to the area were indeed members of the club* that the site is,used mostly during summer evenings and on weekends* and, that they have been operating in that area for over 13 years without any accidents. They rebutted the comment that the adjacent trail would be impacted by this activity. Citing their efforts to find another location they told the Council that the nearest archery range was in Pasadena or El Monte, Barbara Dyer representing the Trails Committee, related her findings when she visited the site: active trails and a number of pathways in the area that are heavily used. Council then inquired if this activity could be integrated into other City-sponsored recreation events and if staff had considered such an arrangement. Continuing in their exchange of comments, it was the Council consensus was that this PAGE FOUR OCTOBER 3. 1989 -matter should be returned to staff for exploration of the suggestion to integrate this activity into other Parks and Recreation programs and investigate other land area's, specifically the RDA property seaward of P.V. Dr. South, Mayor.Bacharach moved, seconded by Councilman Hughes and carried to remand this appeal to the staff for analysis,, Councilman McTaggart moved to continue the hearing to the December 5th meeting* Motion carried unanimously, RECESS At 91#600 P.M. the Mayor declared a recess. At 9:10 P.M. the meeting reconvened. AUDIENCE.QUESTIONS* Responding the Mayor's call for questions not on the agenda were the following residents, Lois Larue, 3136 Barkentine Rd., who expressed her concern for the DDT contamination in the effluent from the City of Los Angeles. She-also inquired how the City handled toxic waste pick-up from residences. Roy Fulwider, 28219 Hazelridge, requested that Council consider the problem of the maintenance of walls on Hawthorne Blvd. and requested that ' the Council consider formation of a architectural - review board, RECYCLING GRANT AWARD The City,Mana(jer presented the POLICY (1301) staff recommendation to adopt the policy as amended, Warren Sweetnam, 7 Top-Raill President of the Rancho Palos Verdes Council of Homeowners Associations recommended a public hearing on the change in policy of the use of these funds. Speaking on behalf of=the:Rockinghorse Road Homeowners Association he inquired about the use of these funds for private roads. Speaking in support of using these funds to pay for the use of a crossing guard near the Vista Grande School were the following: Barbara Dye, 70.35 Hartcrest Drive* Pat Wright, Principal of Vista Grande Elementary School and representing the Vista ta Grande Neighborhood Association, 7056 Crest Road; Jan Raymond, 6741-Monero;,, Chris Glassy, 6982 Verde Ridge Road* and President of the. Vista Grande PoT*A*pl Eleanor Dye, 7035 Hartcrest Dr*, Kes-1 Keslavan, 6,902 Verde Ridge Rd.; Lindy DiNoto, 7015 Hedgewood Dr. These speakers stressed the hazardous traffic conditions in the.area of the Vista Grande School which they felt justified the use of a crossing guard and they stated their support for use of the recycling funds to pay for such an expense. PAGE FIVE OCTOBER 3. 1989 Council concern was expressed about the appropriateness of using.recycling funds for this project and if another the source of funding. could be found for this crossing guard, Councilman McTaggart moved, seconded by Councilman Hinchliffe to approve the staff recommendation and the policy: (1) Allow one request annually for an amount up to $3000 to any homeowners association community group. (2) Funds may not be used for the maintenance of public street surfaces. (3)'All proposed projects.must -,be of a general benefit to the City or be of direct benefit to the local area. (4) Proposed project be cost effective. (5) All requests must include a detailed cost analysis of the project plan with staff assistance provided as needed. (6) All proposed projects be reviewed by the Director of Public Works and submitted to the Refuse/Franchise subcommittee for review and recommendation prior to submittal to the City Council. (7) Funding priority be as follows: (a) new�projects; (b.) new community areas or homeowners associations. (c) continuing programs from areas which previously received grants. (8) Grants may be awarded to applicants for programs which are not related to beautification or maintenance if evidence is -shown that., (a) the applicant previously recycled and had direct revenue* from the sale of recycling material and (b) that there is a general City benefit. (9) Amount awarded should be related to the number. of homes in the proposed grant area* (10) Public Works Department shall monitor the project completion and expenditures and payments will be released through the Finance Department based on invoices. (11) Disbursements may be made to advance.funds for purchasing materials based on the approved requisition. ition. The motion carried on a 3-1 vote with Councilman Hughes voting in-opposition. APPEAL OF C.U.P. NO* 23 The City Manager presented the NUISANCE ABATEMENT AT staff recommendation to dismiss 32525 SEACLIFF DR* the appeal-thereby upholding (1701 X 1804) the�Planning Commission's action -and establish a 30 day time limit for completing the conditions of approval. Also, to table the nuisance abatement proceedings to November 21, 1989 at which time,staff is to report to Council whether the conditions approved by-the Planning Commission for C.U.P. Na, 23-Revision "HH" have been satisfied by the property owner, Councilman Hinchliffe moved, seconded by Councilman Hughes to deny the appeal and table the nuisance abatement until November 21, 1989 at which time staff will report back on the status of the conditions of the property, A brief,Council discussion ensued about how the natural contour of area could be restored* the fact that the r PAGE SIX OCTOBER 3. 1989 parties had been notified very early in the process but still continued to build the wall; the original slope of the back yard* and, whether staff could work with the applicants to try and prevent loss of area in the backyard. Councilman Hinchliffe moved, seconded by Ma - yor Bacharach to reconsider condition No. 1 of Exhibit A" to the Conditional Use Permit* The motion carried on a 3-1 vote with Councilman Hughes voting in opposition. After discussion of this condition it was amended to read "the graded area of the backyard shall be modified to a contour that meets the Development Code of the City of Rancho Palos Verdes." The amendment carried on motion of Councilman Hinchliffe, seconded by Councilman McTaggart, PARKS MASTER PLAN FISCAL The City Manager presented the ANALYSIS (1201) staff recommendation to (1) adopt the Parks Master Plan; (2) Approve the recommended three year priorities; (3) direct staff and the Recreation and Parks Committee to refine plans for acquisition and development' of the projects and establish a timeline* (4) designate that the $49,968 transferred from the R&P Fund to the General Fund in FY 1989-90 be set aside for park development use,*' and, (5) designate the revenue -from the sale of the Narbonne Ave. right-of-way lot for development of the Miraleste site, Warren Sweetnamy representing the Rockinghorse Road Homeowners Association, inquired about the funds received from the sale of the Narbonne Right-of-Way and asked if they would be used to improve the loop trails in that area. He inquired if a definite location for the trail easement had been decided upon since that would impact the value of that property. Since a question still existed about the location of the easement, it was the consensus that the recommendation designating the use of�the funds from the sale of the Narbonne Avenue Right-of-Way be removed from the staff recommendation and be put on the City Manager.1's Status Report, Lois Larue, 3136 Barkentine, inquired about the precautions- the City had taken to ensure that it is getting the true market value for the property. (Mrse L.arue was informed that the County is selling the property.) Council requested a report on the status of this item-at the - next meeting, Councilman Hughes moved, seconded by Councilman McTaggart to approve the staff recommendations Number 1. 2, 3 and 4. PAGE SEVEN OCTOBER 3. 1989 RECREATION AND PARKS The City Manager presented the COMMITTEE (1201) staff recommendation to: (1) -approve the establishment of a Recreation and Parks'Committee; (2) direct the staff to advise the members of the Parks Master Plan Review Committee of their eligibility to apply. It was the consensus of Council to adopt the staff recommendation and notify all applicants who have applied to the City within the past year that the Recreation and Parks Committee would''be.rees'tablished and they would be eligible to apply i6r appointment * PARK SITE NAME -''G90UND'. The City Manager presented the BREAKING CEREMONY (1201) staff recommendation to: (1) name the Sanitation Districts # Park site the "Eastview Park it. and (2) set Saturday, October 28, 1989 at 10*000'A.M. as the date for groundbreaking ceremonies, Councilman McTaggart moved, seconded by Councilman Hughes and carried to adopt the staff recommendation'. LANDSLIDE MORATORIUM' EXEMPTION N09 30''. LOCATION 202 SEASCAPE (1801) square foot deck, subject to exhibit, The City Manager presented the staff recommendation to approve the applicant'.s request for a moratorium exemption for a 255 the conditions listed in the Councilman Hughes moved,,seconded by Mayor Bacharach to adopt the staff recommendation. The motion carried rried on a 3-0-1 vote with Councilman Hinchliffe abstainina. LETTER FROM CALIF* REGIONAL A brief Council discussion WATER QUALITY CONTROL RE. ensued and inquiries were made SANTA MONICA BAY RESTORATION whe*ther'this was an annual PROJECT (1402) request; what funds would be used to make this c6n'tribution* whether this contribution would be spent merely on overhead* and, if the contribution should be based 'upon what' directly benefitting cities had contributed. Councilman Hughes moved, seconded by Mayor Bacharach to contribute $10,000 for the restoration project and that the funds would be appropriated out of the Contingency Fund* The motion died on a 2-2 vote with Councilmembers McTaggart and Hinchliffe voting in opposition. Councilman McTaggart posed-a motion to provide $2,500 based upon the fact that other beach cities benefit more than Rancho Palos Verdes from this project. The motion was seconded by Mayor Bacharach but failed on a 2-2 vote with Councilmembers Hinchliffe and Hughes voting in opposition. a Councilman Hughes 'moved, seconded by Mayor Bacharach and carried to table this item until the next meeting. PAGE EIGHT OCTOBER 3. 1989 CITY COUNCIL REPORTS. ZIP.CODE LEGISLATION Mayor Bacharach moved, seconded (306) by Councilman McTaggart to ask Congressmen Anderson and Rohrabacher to-co-sponsor this zip code legislation and to request the League of California Cities, Contract Cities and the National League of Cities to support this legislation. A brief discussion followed and concern was expressed that this legislation may result in the City having two zip codes considering the fact that the City now has a population of 45,000 people.'* ALARM SYSTEMS MEETING Mayor*Bacharach reported on the on the September 27 meeting with representatives of the various alarm companies. At that meeting it was determined that a uniform alarm enforcement procedure should be I established for all of the Peninsula Cities. It was also decided that the City Managers would devise an annual-permit and fine procedure and will report back to the Regional Committee with their recommendations, BUS SHELTERS.& BENCHES Councilman McTaggart reported (1505) that several of the benches in the bus shelters were slanted.' and that the tile on the roofs of these shelters was not as depicted in the design presented to Council. Staff was requested to make sure that on the new shelters that the proper channel tiles are used on the roofs and that the benches are level, SIGNAL TIMING Inasmuch as difficulties- had been encountered with the signals at Dupre and Eddinghill Councilman McTaggart inquired about the possibility of getting spare parts for those signals. Staff reported that those,signa-ls are scheduled to be upgraded. Citing the lack of ramping material at the-temporary undergrounding plates along Hawthorne Boulevard, Councilman McTagga . rt requested that staff contact the contractor and request that they be adequately ramped, LEAGUE OF CALIFORNIA CITIES TEAM BUILDING 19, 1990 retreat for the - City STATUS OF COUNCIL DIRECTIVES Status of Directives. PAGE NINE It was the consensus that reservations should be made at this January 17, 18 and Manager and the City Council, Council requested that an item regarding the Hawthorne corridor study be added to the OCTOBER 3. 1989 COASTAL RIDGE REZONING Cornell Lewis, of ps'omas Engineering, 901 Corporate Center Dr., No,, 20.1, Los Angeles, spoke against the= Rezoning and in particular against the rezoning of the area in which the Kajima project was included.. He said that that particular area:is completely surrounded by developed property and,requested that the.-Kajima Tract be removed from the area under consideration to be rezoned, Lois Laruer 3136.Barkentine Rd., told the Council she had been studying landslides on-the south side of the Peninsula since 1974, and was very excited about the proposal to rezone the area above Palos Verdes Dre South because of what she felt to be serious landslide problems in the area. She then stated that she felt the Presley Development had destabilized the Barkentine Canyon area.. She described the crevasses that she found ' near the Wayfarers Chapel after a fire had cleared the brush from the hillsides, Steve Kaplan, 1334 Park View., Manhattan Beach, rep-resenting A & H Associates, the new owners of the Watt Property, re- quested that the project be excluded from thi-s area to be rezoned. Richard Bara, 1 Peppertree, recommended that the Council consider alternative No. 3 (adoption of an interim ordinance restricting development of land within the study area that i,s.not presently within the landslide moratorium. area pending completion of the rezoning,.s.tudy.) He also requested that Council consider.the idea of expanding the Q overlay and make the entire area a Q zone, After discussion it was the consensus that the Watt project would not be reopened for this rezoning concept; that the staff should come back with the Forrestal Project analyzing it on its own merits and as a part of the overlay district * It was also the consensus that the Kajima Project would not be included'in the rezoning, TRACT NO* 38512/FORRESTAL The City Manager presented the & PALOS VERDES DR. SOUTH staff memorandum of October 3rd (1411) which described the property encompassed in this project, the adjacent existing residential area and the character of the homes built in the Seaview and Ladera Linda area and how they compared with the homes currently being constructed. Council inquired if this Project met the setback re- quirements* r if it complied with all of the Development code requirements; and the.effect of the realignment of Palos Verdes Drive South on the project, PAGE TEN OCTOBER 3. 1989 Further discussion followed about the size and design of homes currently being built and the timing and implementation of a change in the Development Code dealing with these large homes. It was the consensus that the staff should complete Code Amendment No. 28 which dealt with this issue, FIFTH TUESDAY WORK SESSION It was the consensus that no (307) work shop would be held on the 5th Tuesday in October, NUISANCE ABATEMENT The City Manager presented AT 5500 PALOS VERDES DR. October 3rd memorandum SOUTH (1701) which summarized Mr. Lightman's proposal to meet the City's concern of minimizing the potential for water intrusion into the slide zone. Representing the property owner was his attorney Robert Reamer, 23505 Crenshaw Blvd., who suggested that the City Council give his client an opportunity to present the latest information received from various contractors whom he had contacted to perform some of the remedial work,at his property. He said that he had received a report from a leak detection company and that he had met with the staff and it was his belief that there was agreement on most issues except the barn. He said that they needed additional time to.get a report from a geologist. He stated that his geologist felt that the pool did not present any additional danger,to the slide area. He said that the lattice work did not present any additional danger either. He requested that the hearing on this matter be continued to the first meeting in December* Mr. Lightman, the owner of the property explained his efforts in trying to get the necessary responses and information for the City, Sunshine, 6 Limetree, stated that if the barn had been built to adequate construction standards that it not be destroyed. Council then discussed the fact that the directions given to staff were not negotiable and that they were items that had to be accomplished* questioned whether some of the suggestions from Mr. Lightman were mitigating measures or trade offs* whether the panel of experts had looked at this particular leak detection system; and, if this particular F project should be brought before the panel of experts for their examination. Councilman Hughes moved, seconded by Councilman Hinchliffe that since the applicant had not been able to produce a satisfactory agreement that the nuisance abatement go forward. The motion carried on a 3-1 vote with Mayor Bacharach voting in opposition, PAGE ELEVEN OCTOBER 3. 1989 ITEMS REMOVED FROM THE CONSENT CALENDAR: RESOLUTION NO. 89 -97 - Lois Larue, 2136 Barkentine, DESTRUCTION OF CERTAIN stated her objection to the CITY RECORDS ( 3 01) destruction of certain City records and requested access to them. After a brief council discussion on the availability of these records RESOL. NO. 89 -97 AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34890 OF THE GOVERNMENT CODE OFTHE STATE OF CALIFORNIA was presented by title and'ADOPTED on motion of Councilman Hughes, seconded by Councilman Hinchliffe and carried unanimously. ADJOURNMENT At 1:30 A.M. the meeting adjourned on motion of Councilman McTaggart, MAYOR ATTEST CITY CLERK PAGE TWELVE OCTOBER 3, 1989