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CC MINS 19891121M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 21, 1989 At 7:30 P.M. the meeting was called to order by Mayor Bacharach at Hesse Park Community Center, 29301 Hawthorne Boulevard. The Pledge of Allegiance to the flag was then recited. Roll call was answered as follows. PRESENT: McTAGGART, HINCHLIFFE, HUGHES, COUNCILMAN ELECT RYAN & 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, Acting Finance Director Linda Boer, and City Clerk Jo Purcell, RESOL. NO. 89 -107 RESOL. NO. 89 -107 OF THE CITY - CERTIFICATION OF COUNCIL OF THE CITY OF RANCHO ELECTION RESULTS PALOS VERDES RECITING THE FACTS (105) OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 7, 1989, DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS AS PROVIDED BY LAW was presented by title and ADOPTED on motion of Councilman McTaggart, seconded by Councilman Hughes and carried. ADMINISTRATION OF City Clerk Purcell administered OATH OF OFFICE the Oath of office to (501) Councilmembers Ryan and Bacharach . WAIVER OF FULL READINGS Councilman Hughes moved, ORDINANCES AND RESOLUTIONS seconded by Councilman McTaggart 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 counc i lmembers after reading of the title of such ordinance or resolution. APPROVAL OF AGENDA After addition of street Tree Policy (Hughes) Curb Painting (Ryan), Agenda Process re Bus Shelters (Ryan), the agenda was approved on motion of Councilman Hughes seconded by Councilman McTaggart and carried. CONSENT CALENDAR The item regarding the Fee in the Environmental Services Dept. for Development Project Prescreening Workshops was removed to be discussed at the end of the meeting. The remainder of the Consent Calendar was approved as follows on motion made by Councilman Hughes, seconded by Mayor Bacharach, ACCEPTANCE OF 1989 -90 Accepted as completed the 1989 - SLURRY SEAL PROJECT 90 Slurry Seal Program with (1404) Roy Allen Slurry Seal Inc. AWARD OF ROOFING CONTRACT - Awarded the roof repair LADERA LINDA (1201) contract for Ladera Linda Community Center to Coast Roof Co. at a cost not to exceed $19,988. AWARD OF CREST ROAD MEDIAN BEAUTIFICATION CONTRACT (1405) CLAIMS AGAINST THE CITY - WAUSAU INSURANCE COMPANY (303) Awarded the Crest Road Median Beautification Contract to Satsuma Landscape at a cost not to exceed $8,048. Rejected the claim and directed the City Manager to notify the claimant. LANDSLIDE MORATORIUM Approved the applicant's re- EXEMPTION NO. 33 - 118 quest for a Moratorium SPINDRIFT (1801) Exemption to submit application for a 100 sq . ft. addition for expansion of the living room and a 180 sq. ft. deck at the rear of the residence with no additional water usage subject to additional conditions imposed by the City Council listed as part of an exhibit. RESOLUTION NO. 89 -108 Adopted RESOLUTION NO. 89 -108 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 (abstaining on Landslide Moratorium Exemption No. 33), RYAN AND MAYOR BACHARACH NOES: NONE PAGE TWO NOVEMBER 21, 1989 PUBLIC HEARINGS, TENTATIVE TRACT NO. 37885- The Mayor declared the hearing SECOND REVISION (1411) open. The City Clerk re- ported notice had been duly published and that no written protests had been received by the City. Councilman Ryan announced that he was in attendance at the November 8, 1989 meeting and had heard all of the testimony given on this matter. The City Manager presented the staff recommendation to adopt the Negative Declaration for Environmental Assessment No. 584, deny the appeal of Conditional Use Permit No. 79 and approve the second revision to Tentative Tract Map no, 37885 and Conditional Use Permit No. 79 with modified conditions of approval, Tom Hollingsworth, 3648 Vigilance, representing the Ladera Linda Homeowners Association, stated the concerns of that organization., safety at the intersection of Forrestal and P. V. Drive South* ongoing clean-up and dust control during construction; ongoing and immediate repair of any road damage resulting from construction activity; and, that the homes built be aesthetically compatible with the Seaview area, Representing J. M. Peters Company, Inc. was Bob Trapp, 3502 Jamboree Road, Newport Beach, who listed his concerns about certain conditions of the conditional use permit and stated his concurrence with the request to control the dust and to make street repairs during construction. Sunshine, 6 Limetree, stated that the southern portion of the P. V. Loop trail would still fall within the mandatory open space in this project and that the City and not a homeowners association was responsible for that trail. There being no response to the Mayor's call for additional public testimony, Councilman Hinchliffe moved, seconded by Councilman Hughes and carried to close the public hearing. Council discussion focused on the adequacy of the sideyard setbacks in this development and how they compared with the requirements for RS-1 zoning, Councilman Ryan moved, seconded by Mayor Bacharach to change the sideyard setback requirements to a 10 ft. minimum on one side, 25 ft. minimum for both .sides and a 25 ft. minimum for two adjoining lots. The motion carried unanimously., PAGE THREE NOVEMBER 21, 1989 More Council discussion then covered the issue of trails and if their implementation was clarified in the conditions of the project. The suggestion was made that they become part of the grading plan. Focussing on the conditions listed in Appendix III of the Grading Permit, Council inquired if these conditions could be made part of the grading permit. Council briefly referred to the contents of the November 17, 1989 letter from Dr-. Perry Ehlig and his recommendation to backfill the quarry. With regard to the maintenance of the common landscape areas, differences of opinion were expressed on whether they should be governed by a homes association or an assessment district. Mayor Bacharach moved, seconded by Councilman Hinchliffe that with proper insurance and meeting I all of the necessary requirements that maintenance of the common landscape area be assigned to a homes association and not an assessment district.' The motion failed'oh a three - two vote with Councilmembers Hughes, McTaggart and Ryan voting in opposition. RECESS & RECONVENE At 9:16 p.m. the Mayor declared a recess* The meeting reconvened at 9:30 P.M. AUDIENCE QUESTIONS: Lois Larue, 3136 Barkentine, questioned if the RDA should still be carrying on certain activities in light of the fact that it is the subject of a law suit which is under appeal. She also reported on new cracks that she had noticed between 5500 P. V. Drive south and Peppertree. She inquired if an EIR had been done on the installation of the storm drains in the Altamira Canyon. City Attorney Calonne responded that the pending law suit does not prevent the city from taking action, Jay Corbett, Deputy Fire Chief, presented on behalf of the L. A. County Fire Department a drawing of the fire station proposed for the Miraleste Plaza area, Lyle Quatrochi, 4002 Exultant Drive, stated that many people have been inquiring about the status of the Eastview school issue. Council responded that the task force will be meeting on an as-needed basis, TENTATIVE TRACT NO* 37885 Council then resumed discussion (1411) of this issue and focused on the issue of whether Lot #42, because of its size, should be deed restricted in the event of a request for a lot split. Councilman Hughes moved, seconded by Mayor Bacharach and carried to add that restriction to the proposed resolution. Council then proceeded to make additional amendments,-, that the specific trail alignments and trail standards be PAGE FOUR NOVEMBER 21, 1989 submitted ninety days prior to issuance of a grading permit; that all of the setbacks meet the RS-1 standards; that a condition be added requiring implementation of the trails plan; and, that the traffic impact fee be set at $3,000. In response to the City Attorney's inquiry, Mr. Trapp of the Je M. Peters Company stated that he had no objections to the revisions made to the conditional use permit. RESOLUTION N09 89-109 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL AND THEREBY APPROVING A SECOND REVISION TO CONDITIONAL USE PERMIT NO* 79 FOR TENTATIVE TRACT NO. 37885 was presented by title and adopted on motion of Hughes, seconded by Councilman Hinchliffe and carried. RESOLUTION NO. 89-110 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A SECOND REVISION TO TENTATIVE TRACT MAP N09 37885 AND ADOPTING A NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. 584 was presented by title and ADOPTED ON MOTION OF COUNCILMAN HUGHES, SECONDED BY COUNCILMAN HINCHLIFFE AND CARRIED* ISLAND VIEW/MEADOW PARK The City Manager presented the AND TRACT PERIMETER LANDSCAPE the staff memorandum of STRIP (1411) November 21st and the recommendation to accept public testimony from area residents and approve in concept the changes in landscaping outlined in the staff memorandum. Additionally, that staff be directed to formulate language for maintenance of vegetation height by the Home-owners Association, landscape covenants for the residents on Sunmist and a time schedule for removal, relocation, and pruning of trees. Representing the Island View Homeowners Association was Anita Cole, 44 Santa Catalina Drive, who said that the association had reviewed the approval process and that they wanted to cooperate. She stated that-the homeowners that wanted their views restored should be paying for the removal and trimming of those trees* recommended that the residents from the Mesa Verde area apply for a grant* and, questioned if this issue belonged within the purview of Proposition "M". Alfred Voce, 5810 Sunmist Drive, explained how his view has been obstructed and reque-sted that certain trees be trimmed and others be removed. He said that he would pay to have the trees removed., Warren Sweetnam, 7 Top Rail, president of the Rancho Palos Verdes Council of Homeowners Associations inquired why the City was requesting a landscaping covenant when a view protection ordinance was already on the books. PAGE FIVE NOVEMBER 21, 1989 Ted Bradford, 34 San Clemente Drive, represei View Homeowners Association said that he had consult with the rest of the association but trying to work with the Sunmist Homeowners. was not in full agreement with how the issue the staff report. ating the Island not had time to they are still He said that he was outlined in Council then proceeded to discuss whether trees that are below a certain height and impair view are subject to Proposition M; if the City should pay the expense of F rectifying this situation with.the proviso that it be a one time only payment by the City; and, that perhaps this situation be re-examined in six.months, Councilman Hinchliffe moved, seconded by Councilman McTaggart, and carried to adopt the staff recommendation and approve in concept the changes in landscaping; that they be paid for this time only by the City; that staff get together with the homeowners associations and determine if it would be more economical for the City to do the work or for�the homeowners to have it done. Additional discussion continued regarding the removal and trimming of certain trees and it was the consensus that staff should prepare an agreement that both associations would agree to, Ralph Gilbert, 5744 Sunmist, suggested that the loquat.trees be maintained at their current height. The motion carried on the following roll call vote: AYES, McTAGGART, HINCHLIFFE, HUGHES, RYAN & MAYOR BACHARACH NOES* NONE REFUSE FRANCHISE The City Manager presented the BIDS (1301) the Refuse Sub-Committee's recommendation that the Mayor and the City Council authorize preparation of a Commercial Refuse Agreement with Western Waste Industries for the disposing of all commercial refuse in the City and a commercial recycling program for a period of five (5) years commencing on January 1, 1990. Council inquired about the publication of the adoption of this ordinance and how the business community was informed of the City's intention. Staff responded that a questionnaire had been sent to current businesses, that a meeting had been held earlier with the Chamber of Commerce and that notices had been published in the newspaper on two occasions PAGE SIX NOVEMBER 21, 1989 Speaking in opposition to the adoption of this ordinance were the following: Barbara Kennard, representing the Western Avenue Tenants: Leron*Gubler, 1306 Park Western, representing the San Pedro Peninsula Chamber of Commerce; Denise Mardesich, representing the Westmont Shopping Center; Albert Luong, 28733 Western Avenue, representing the Eastview Shopping Center* Lee Argabright, 2289 Sparta Drive* David Zuegkerm 28619 S. Western Avenue, representing Carl's Junior at Palos Verdes ; Plaza; Helen Nadaf, Westmont Plaza Melissa If 01 Hogarth, owner of the beauty supply shop in Westmont Plaza* and John Bottorff, 6402 Via Baron, owner of The Golden Lotus Restaurant. These speakers said that they had not been informed that the City was considering adoption of such an ordinance* questioned the benefit to the City resulting from this ordinance in light of the complaints that the City would be responsible for responding too questioned whether the City could regulate the services and get quick results in case of complaints; and, questioned the rates for the recycling portion of the franchise. Council discussion then focused on whether condominiums should be included in this franchise or if multiple family dwellings should be taken out . Discussion concluded with the consensus that staff should take the multi-family residential service out of this ordinance* look at the number of exclusive franchises in the area, inquire if the haulers are interested in limited franchises and inquire of the League of California Cities regarding commercial recycling. HEIGHT VARIATION APPEAL (180-4) recommendation to thereby approving to conditions. NO. 616 The City Manager presented the staff-memorandum of November 21st and the staff adopt a Resolution denying the appeal, the proposed second story addition, subject The City Attorney opined that the Council was bound to apply the guidelines of Proposition "M" to this appeal and those guidelines were not considered in the staff report. He suggested that this matter be continued until the next meeting. PROPOSITION M IMPLEMENTATION PROCEDURES (1804) recommendation to suspend the and View Restoration applicat PAGE SEVEN The City Manager presented the staff memorandum of November 21st and the staff processing of Height Variation ions. NOVEMBER 21, 1989 Council discussion then concentrated on the disposition of height variation applications that had already been submitted and had gone through the notification process; the implementation process for this proposition; the neighborhood consultation procedure* the radius of the written notice requirement; construction of the temporary frame structure; the amount of input from the staff and the neighborhood with regard to neighborhood compatibility; and, if staff could determine the kinds of- applications that are presently in the administrative process. Council discussion concluded upon motion of Mayor Bacharach, seconded by Councilman McTaggart and carried to impose a temporary moratorium on view restoration applications for 60 days* A brief discussion then resulted regarding the additional staff necessary for implementation of Proposition M and the additional space to accommodate this increase in personnel. It was the consensus that staff should study using the space now currently used by Charles Abbott Associates and to review their lease; to examine if six additional planners are necessary* and, to consider contract personnel to help with the increased work load,.. (At 12:34 A.M. Councilman Hinchliffe left the meeting.) CITY COUNCIL REPORTS. Street Tree Policy - Councilman Hughes presented a draft resolution which proposed making the street policy conform to Proposition "M". It was the consensus that staff should prepare the accompanying covenant agreement and finalize the resolution for Council adoption. Curb Painting - Councilman Ryan reported that even though he didn't request it, the house number on his curb had been repainted and that coincidentally he had received a call from a resident complaining about the wrong number being painted on his curb. The resident painted it out, but the curb painters returned and painted in another incorrect number. Considering the necessity of these numbers in the case of emergencies, Councilman Ryan suggested that staff look into the cost of the City painting curb numbers and find out if other cities have this same practice. Warren Sweetnam, 7 Rockinghorse Road, said that on his street they don't have curbs and questioned if the City should be paying this expense. PAGE EIGHT NOVEMBER 21, 1989 Street Signalization - Responding to Councilman Ryan's inquiry about the length of time it took to replace and/or repair the light on Hawthorne at Rancho Palos Verdes Park, staff reported that this location had a problem with both the detection loops and pedestrian controller. Staff also indicated that the signals would be retagged following the Hawthorne Undergrounding project. Concern was expressed about the fog conditions that occur on Crest Road and whether a nonprotected green turn phase light could be installed in that location. The consensus was that staff would determine if this type light could be used in that location. An additional consensus was that staff should continue to work with the City of Rolling Hills Estates and encourage them to use this type of traffic signal at Hawthorne and Silver Spur, Agenda Process -Councilman Ryan inquired about the process for putting an item back on the agenda that had been tabled. The City Attorney responded that once an action has been tabled it takes an action of the City Council to remove it, CITY MANAGER REPORTS. Status of Council directives - Council requested that this report list the workshops and the topic to be discussed, Council Calendar - It was the consensus of Council to stay with the regular schedule and hold the Council meeting on December 19th. The meeting with the Trails Committee was set for Sunday, January 7, 1990 and the public hearing on the Trails Network Plan was set for January 22, RESOL* NO* 89-111 After clarification of who this PRESCREENING FEE fee affected, RESOL. NO. 89-111 ADOPTING A NEW FEE IN THE DEPARTMENT OF ENVIRONMENTAL SERVICES FOR DEVELOPMENT PROJECT PRESCREENING APPLICATIONS was presented by title and adopted on motion of Councilman Hughes, seconded by Councilman Ryan and carried. The motion carried on a three - one vote (Councilman Hinchliffe having left the meeting earlier) with Councilman McTaggart voting in opposition. ADJOURNMENT Thursday, Recreation McTaggart At 14:DOO A.M. the meeting adjourned to 6:00 P.M. on November 30 to interview candidates for the and Parks Committee. Motion made by Councilman and carried, ATTEST.�� CITY CLERK 4GE NINE MAY 6R NOVEMBER 21, 1989