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CC MINS 19891108M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 89 1989 CLOSED SESSION* At 6:30pm 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 (a) to confer with or receive advice from legal counsel regarding pending litigation as defined in said sections. Pursuant to subdivision (a), legal proceedings have been formally initiated the little of which are,* People v Tam, Lightman v the City of Rancho Palos Verdes, and Segreto, et al v the City of Rancho Palos Verdes* At 7:30pm the meeting reconvened.with/with no action taken,* The regular business meeting was called to order at 7:34pm by Mayor Bacharach. After the Pledge of Allegiance to the flag, roll call was answered as follows PRESENT: McTAGGARTr HUGHES, HINCHLIFFE AND MAYOR BACHARACH Also present were City Manager Dennis McDuffie, Director of Environmental Services Robert Benard, City Attorney Ariel Pierre Calonne,, Director of Public Works George Wentz, and Associate Planner Carolynn Petruo Present in the audience was former Councilman and Councilman-Elect Bob Ryan. CERENONIAL.MATTER Mayor Bacharach announced October's recycling winner--the Sie Family of 26561 Silver Spur, who will receive one free year of refuse collection. Mayor Bacharach asked Mr. Ryan to draw next month's winner* WAIVER OF FULL READINGS Councilman McTaggart 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 council members after reading of the title of such ordinances and resolutions* APPROVAL OF AGENDA Councilman Hughes asked that a discussion of Proposition "M" be added to the end of the agenda. The amended agenda was CITY COUNCIL MINUTES November 8, 1989 approved by Councilman Hughes,..seconded by Councilman Hinchliffe and carried. CONSENT CALENDAR The Consent Calendar was approved as.follows on motion of Councilman Hinchliffe, seconded by Councilman Hughes. MINUTES OF OCTOBER 17, 1989 Approved. ORDINANCE No. 247, SPECIFIC PLAN No. 7, ENVIRONMENTAL ASSESSMENT NO. 587 (1801) CLAIM AGAINST THE CITY BY ENTERPRISE LEASING (303) Waived further reading_ . and adopted Ordinance No.' 247. Rejected the claim and directed the Risk Manager to notify the claimant. INVESTMENT POLICY Received and filed the (682) investment policy for fiscal year 1989 -90. RESOL. NO. 89 -101 ADOPTED RESOLUTION NO.89 -101 NO STOPPING ZONES ON establishing no stopping zones WESTERN AVENUE (1502) Monday through Friday from 7:00am to 9:00am and from 3:00pm to 7:00pm on Western Avenue within the city of Rancho Palos Verdes. LABOR AND.MATERIA►L BONDS FOR TRACT NO. 44239 (Villa Capri) (1411) RESOLUTION No. 89 -102 Guidelines for audience questions (307) RESOLUTION No. 89 -103 Prescreening Workshop (306 x 1203) Released the labor and material bonds and directed the City Clerk to notify the surety. Adopted certain guidelines for the conduct of the audience questions portion of the City Council meetings. Adopted procedures for the conduct of development project prescreening workshops. RESOLUTION NO. 89 -104 ADOPTED RESOLUTION NO. 89 -104 REGISTER OF DEMANDS ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: McTAGGART, HUGHES, HINCHLIFFE AND MAYOR BACHARACH NOES: NONE Page 2 CITY COUNCIL MINUTES November 8, 1989 PUBLIC HEARING: LONG RANGE TRANSIT PLAN, The Mayor declared the hearing ENVIRONMENTAL ASSESSMENT open and the Secretary reported NO. 589 (1545) that notice had been duly published and that no written protests were received by the City. City Manager McDuffie presented the staff report of November 8th and the recommendation to adopt a resolution approving issuance of a draft Negative Declaration and to adopt the Long Range Transit Plan. The Mayor inquired about the City performing the transit services functions. Director of Public Works Wentz suggested that the.City might be able to perform this function more cost effectively and would investigate responding to the bids when the contract expires. RESOLUTION NO. 89 -105 APPROVING A NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. 589 AND ADOPTING THE LONG RANGE TRANSIT PLAN was presented by title and adopted on motion of Councilman Hughes, seconded by Councilman Hin.chliffe and carried. TENTATIVE-TRACT NO. 37885 (SECOND REVISION) ENVIRONMENTAL ASSESSMENT NO* 584v CONDITIONAL , USE PERMIT NO. 79 (SECOND REV O (1411 x 1804) 37885, and deny the appeal of (second revision.) City Manager McDuffie presented the staff report and recommendation to adopt the Negative Declaration for Environmental Assessment No. 584, approve the second revision of Tentative Tract No., Conditional Use Permit No. 79 Associate-Planner Carolynn Petru and Mr. Benard- clarified.lot coverage requirements, noting that the lot coverage is 50 compatible with RS -4 standards, similar to the adjacent neighborhoods, and that the lots are slightly larger now with less streets and intersections. Speaking for the appeal of the CUP was co- appellant Richard Bara, 1 Peppertree. Drive, who gave a detailed history of the project, protesting against the large houses. He also presented a handout to the Council and asked them to waive his filing fee. Lyle Quatrochi, 4842 Exultant, representative of co- appellant Seaview HOA, spoke in favor of the appeal. Page 3 CITY COUNCIL MINUTES November 8, 1989 Dan Gerken, J.M. Peters Co., Newport Beach, applicant, presented details of the new tract map and noted that they are merely seeking approval for a revision to a currently approved map. Mr. Gerken also addressed some of the residents' concerns regarding potential gradingrpro►blems and lot coverages. Mayor Bacharach asked if the applicant would be willing to deed the open space easements to the City. Mr. Gerken noted that the HOA by code is required to maintain a certain amount of open space, but that they would consider deeding it to the City after improvements had been made. City Attorney Calonne noted that all common open spaces should be owned by the residents unless it would be useable by the public. Mr. Quatrochi asked for clarification of the developer's liability coverage, and stated that he wanted to see this new improved project work, since it was better than the old one. RECESS AND RECONVENE At 9:23pm, the Mayor declared and recess. At 9 :38pm, the meeting reconvened. AUDIENCE QUESTIONS Robert Ryan, 26606 Menominee, inquired about the status of the tree and antenna problem on Grayslake. DES Benard noted that the tower is scheduled for final inspection next week, and that the tree removal condition must be met prior to that inspection. Joel King, 6919 Maycroft, objected to the 3- minute speaking limit. (CONTINUED) TENTATIVE TRACT NO. 37885 (SECOND REVISION), ENVIRONMENTAL ASSESSMENT NO. 584, CONDITIONAL USE PERMIT NO. 79 (SECOND REVISION) (1411 x 1884) also asked that the applicant trails to Committee standards. Barbara Dye, 7035 Hartcrest Drive, spoke as a representative of the Trails Committee, and stated that the trails in the new proposal were far superior to those in the old one. She be required to construct the Sunshine, 6 Limetree Lane, representing the Horsemen's Association, read from a prepared statement, also noting that the new plan is superior to the old one, but not ideal, and called for coastal rezoning. Mayor Bacharach asked how this project could be stopped technically. DES Benard noted that if the applicant's current proposal was rejected the previously approved map would still remain in force. However, if Council desired to Page 4 CITY COUNCIL MINUTES November 8, 1989 reduce units, the coastal ridge rezoning concept could be applied to the current proposal* =This would reduce the total number of units that could be constructed. The Council also stated that the:proposed structure heights should be consistent - with Prop M.,. standards o Pat Stenehiewo,32215 Searaven :,Drive, objected to the.proposed development, citing noise, lot coverage and traffic problems*.. Developer Gerken noted that studies had indicated there would be no significant increase in traffic* The Council asked staff if the City Geologist could address the issue of filling the quarry bowl to stabilize the area, with the understanding that it would be public lands for..... public use, and how this could affect area wildlife* Staff declared that if the project was approved by the Council at this meeting, the;quarry issue could be dealt with in greater detail during the-grading application process* The Council asked for clarification and changes on the following issues: Traffic Impact Fees: Mr. Wentz was asked to come back with a schedule for imposing the fees. Ground Water Monitoring: Condition No. 6 under "Geolo, gy" in P.C. Resolution was changed to state that the "monitoring and maintenance of the piezometers shall be the responsibility of the City and will be paid for by the Homeowners Association." Underground- ities .-C.ou-nei-Iman Hughes- inquired whether there . were ,any .currently . existing homes served off the proposed lines, otherwise homeowners maybe- Iiabl-e.for cost of line installation. City Attorney Calonne will look into the matter* Front and rear yard setbacks: Condition No. I under "Setbacks." was changed to allow no less than a 20' minimum setback to the residence and/or garage in front, and a minimum rear setback of 15'. 0 Fencing* Condition #1 under "Fencing" was amended to state that fencing be no higher than 42" and be 900 light- and-air Open Space: Mayor Bacharach reiterated her desire to see the developer deed the open space to the City,-.who would then use it as public land and assume liability for the trails* Swales: The Council asked that the existing swales be rebuilt before the land is given to the City. Page 5 CITY COUNCIL MINUTES November 8, 1989 0 Building Facades. Condition No. I under "Building Facades" was changed to read ",,..The second story open space may'only be used as a pitched roof area." Councilman McTaggart made a motion to give the above recommendations to staff for a consensus, and to continue the public hearing to the next council meeting on,November 21* The motion was seconded by Councilman Hinchliffe^, and , passed ,-, unanmmously. CONTINUED BUSINESS RESOLUTION NO* 89-106 City *Manager Dennis McDuffie FORMATION OF COUNTY presented the staff report and IMPROVEMENT N0,D 2651-N the recommendation to adopt (1801) Resolution No. 89-106 granting consent and jurisdiction to the County of Los Angeles and approving a Resolution of intention in the matter of County Improvement No. 2651-M in Abalone Cove. Kathy Snell, 8 Vanderlip Drive, discussed various aspects of the Abalone Cove'slide. Jack Downhill, 20 Vanderlip Drive, addressed the same issue. Charles Stuart, 80 Narc:L , ssa, asked the Council to postpone the decision on this matter until'a full council was available. City Attorney Calonne proposed that four provisions be added to the resolution. Councilman Hughes moved to'addpt-'the Resolution as amended., Councilman Hinchliffe seconded, and ; a the motion passed unanimously. COMMERCIAL REFUSE FRANCHISE The staff report was presented BIDS* (1301) by City Manager McDuffie, with the recommendation that the Council authorize preparation of an agreement with Western Waste Industries for the disposing of commercial refuse in the city and a commercial recycling program for a period of five years commencing January 1, 1990. Councilman McTaggart moved to continue this item to the November 21 meeting, Councilman Hughes seconded the motion. Motion carried. CITY COUNCIL REPORTS* BUS SHELTERS (1505) Councilman McTaggart asked City Attorney Calonne that since the bus shelters had not been constructed as agreed, if there was any legal recourse. Mr. Calonne stated that the Page 6 CITY COUNCIL MINUTES November 8, 1989 prototype and original plans would have to be reviewed. Councilman Hughes moved to table the motion, Councilman Hinchliffe seconded, and the motion passed unanimously* PROPOSITION "M" (501) The Council noted that since Prop M passed, it would have to be merged into the existing Street Tree Policy, and they set a date to discuss the matter with the City Attorney. The Council also noted that additional planning staff might be necessary to handle the increased work generated by this. CITY MANAGER REPORTS: JANUARY 2, 1990 CITY COUNCIL MEETING (307) UPDATE ON GOLF COURSE (1201 x 1203) City Manager McDuffie presented a revised city council calendar for the month of January 1990. City Manager McDuffie stated that additional subcommittee meetings will be necessary to discuss this matter* J. J. McLaren., 3923 PVDS, asked if proposed designs for the project had ever been shown to the public. Mayor Bacharach stated that they had been available for viewing in the Planning Department for some time. Mayor Bacharach asked Mr. McDuffie to figure out a way to work with all the different agencies and parties involved in the project and to keep the council informed during the process* ADJOURNMENT: At 12*.28am, the meeting adjourned on motion of Councilman Hughes* 06 MA OR Page 7