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CC MINS 19891205M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 5, 1989 CLOSED SESSION At 6*00 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 to discuss personnel and threatened litigation. The City Attorney announced that the closed session was held pursuant to Government Code Section 54956.9a. The regular business meeting was called to order at 7:30 P.M. by Mayor Bacharach. The Pledge of Allegiance to the flag was then recited. Roll call was answered as follows. PRESENT. McTaggart, Hughes, Hinchliffe, Ryan and Mayor Bacharach At 7:30 P.M. the meeting reconvened with no action taken. The City Attorney announced that the Closed Session was held pursuant to Government Code Section 54956.9a to confer with or receive advice from legal counsel regarding pending litigation as defined is said sections. Pursuant to subdivision (a), legal proceedings have been formally initiated the title of which are: People V. Tam, Lightman V. the City of Rancho Palos Verdes, Segreto, et al V. the City of Rancho Palos Verdes, Amador V. City of Rancho Palos Verdes, Tumajian V. City of Rancho Palos Verdes. Also present were City Manager Dennis McDuffie, Environmental Services Director Robert Benard, City Attorney Ariel Pierre Calonne, Public Works Director George Wentz, Acting Finance Director Linda Boer and City Clerk Jo Purcell. WAIVER OF FULL READINGS Councilman Hughes 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 councilmembers after reading of the title of such ordinance or resolution. APPROVAL OF AGENDA After addition of the Eastview Task Force, Tree Roots, Government Access Channel, Recycling, Appeals in General and Agenda Order, the agenda was approved by Councilman McTaggart, seconded by Councilman Hughes and carried. CONSENT CALENDAR The Film Permit Process and the resolution regarding view preservation were removed from the agenda. The Holiday Schedule was moved to the end of the meeting and the resolution regarding the regulations of Prop M. was placed after the Public Hearings. The Consent Calendar was approved as follows on motion of Councilman Hughes, seconded by Councilman Hinchliffe. MINUTES Approved the minutes of November 8, 1989. STATE AND LOCAL LEGAL CENTER Approved appropriation of $500 (305) from the contingency reserve to the State and Local Legal Center. APPROVAL OF LADERA LINDA (1) Accepted the work as COMMUNITY CENTER. REMODELING completed for the remodeling (1201) of Ladera Linda Community Center for amount of $32,287. (2) Directed the City Clerk to file a notice of completion and to notify the surety to exonerate the contract bonds. (3) Directed the Finance Director to release the retention 35 days after said notice is filed if no claims have been filed against the contractor during that period. WAIVER OF SPECIAL USE PERMIT Authorized the,Director of FEES - PALOS VERDES SYMPHONIC Environmental Services to BAND - FOR PUBLIC CONCERT waive the application fee re- (1804) lated to special user permit No. 79 for the Palos Verdes Symphonic Band to perform a public concert. RESOLUTION NO. 89 -112 Adopted RESOLUTION NO. 89 -112 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, RYAN AND MAYOR BACHARACH NOES: NONE PUBLIC HEARINGS: -2- Dec. 5, 1989 C.U.P. NO* 10 - The Mayor declared that this PORTUGUESE BEND COMMUNITY was a continued public hearing ASSOC. (1804) from October 3, 1989. The staff recommendation was to uphold the Planning Commission approval of the project with conditions, thereby denying the appeal and denying the fee waiver request. Speaking in favor of approval of the project were the following: Bruce Primm, 17520 Elgar, Long Beach; Donald Hugh, 26137 Marina, Rolling Hills Estates* Patti Gluki, 351 West Milford St., Glendale; Don Hill, 3 Oceanaire Drive; Bob Cheesman, 27767 Longhill* Gregory Scott, 21 Santa Bella Rd., Rolling Hills Estates* and Lynn Cicotte, 26447 Basswood Ave.; These speakers reported on a meeting held with the Portuguese Bend Community Association and the fact that the Association was not objecting to the archery but rather to the increased use of the area. The issue of insurance coverage was addressed with the assurance from Ms. Gluki that the Association would have insurance coverage through their national organization and that the City would be named as additional insured. Preference for the present site was also expressed by the speakers* the representatives expressed a willingness to look at the alternate RDA site suggested however they were concerned about restrictions that may be placed on them. Expressing concern about the use of the site by the Archery Club were the following: Steve Goppert, representing the Portuguese Bend Communities Association, and Erica Stuart, 80 Narcissa. The Community Association was mainly concerned about the vehicular access to the area and the accidents and near accidents that occur because of this increased traffic. The Community Association suggested that the area on the ocean side of Palos Verdes Dr. South be used for the range. The suggestion was made that the Council take some mitigating measures to address the issue of graffiti and illegal dumping that results from traffic driving into this isolated area. Sunshine, 6 Limetree, stated that the Trails Committee had not reviewed the alternate site. Councilman Hinchliffe moved, seconded by Councilman McTaggart and carried to close the public hearing. Council discussion then focused on the length of time it would take to review the Archery Club's use of the alternate site; whether there was a condition in the C.U.P. requiring some kind of security at the site; if the gate that had been installed really does prevent access in light of the City's experience with vandalizing of gates. -3- Dec. 5, 1989 Councilman McTaggart moved, seconded by Councilman Hinchliffe to uphold the appeal without prejudice. The motion.failed on a 3-2 vote with Councilmembers Hughes, Ryan and Bacharach voting in opposition. Councilman Ryan moved, seconded by Mayor Bacharach to deny the appeal and adopt the staff "recommendation; " that the City take a pro-active position in determining whether the Archery Club could be moved to the Redevelopment Area on the ocean side of Palos Verdes Dr. South. The motion carried on the 3- 2 vote with Councilmembers Hinchliffe and McTaggart voting in opposition. Staff was requested to follow-up with the property owners in the area of the Archery Club and request that they take some action to prevent 4-wheel vehicle access to the area. C.U.P. NO* 149- The Mayor declared the hearing DRAFT NEGATIVE DECLARATION open and the City Clerk re- 583 - (1804) ported that written protests against the recommendation had been received by the City. The staff recommended adoption of the proposed resolution denying the appeal of conditions of approval'Nos. 3 and'6 for Environmental Assessment No. 583 and C.U.P. No. 149 at 28901 Western Ave* Representing the Trader Joe Company was Brett Marsh, 28901 S. Western Ave*, who cited the support in the area for this store and stated his objection to the annual review of the C.U.P. and the uncertainty that condition placed on the operation of the business. He cited the tax revenue that would be generated by the store and said that other leases in the shopping center are contingent on Trader Joe's going into the area. He also said the City had all of the necessary mechanisms to protect the City's interests under the original conditional use permit. Michael Parker, Senior Vice President of Trader Joe's, 220 West Palm Drive, told the Council that they required unrestricted delivery hours because of uncertainty of delivery schedules. He told the Council that they have unrestricted hours at all of their other leases in Southern California. He said they would use the access on Western Ave., that their deliveries were timed so they would not interfere with the flow of the customer traffic, and that the only noise generated during delivery would be from the diesel truck and its hydraulic tail gate. Douglas Gabby, 18333 Caddington Dr. #68, representing the La Pointe Homeowners Association said that the association felt that Trader Joe's would be a valuable asset to the community. He said that he was not aware of the delivery hours for the store but that traffic coming from Western Ave. would not effect them. Mort Karant, 32275 Phantom Dr., stated his opposition to the Planning Commission's decision about the annual review of the C,,U,,P.* that the Alcohol Beverage Control Board controlled the sale -4- Dec. 5, 1989 of liquor at the location and he thought that the City should not be concerned about that which is controlled by the ABC. He said that control of deliveries could be done in a reasonable way. Debbie Lang, 710 Silver Spur Dr., representing the Terraces Merchants' Association, felt that this store would be an asset to the business community. Councilman Hinchliffe moved, seconded by Councilman Ryan and carried to close the public hearing. Discussion then centered on the impact of granting a 24 hour delivery schedule to the conditional use permit for the entire center; whether it would be possible to have two F different delivery times for the center; if a proviso should be included requiring quieter delivery vehicles* and the fact that in granting this 24 hour delivery schedule the City was doing its part to relieve traffic congestion on the streets. The discussion then returned to the noise level that may result from the delivery vehicles. At this point the public hearing was re-opened on motion of Councilman Hinchliffe, seconded by Councilman McTaggart and carried. Discussion then centered on whether the Conditional Use Permit should be reviewed after eighteen months to determine the impact of the noise of the delivery trucks. Mr. Parker cited his objection to that restriction and said that Trader Joe's wanted to be a good neighbor and said that they could use a vehicle known as "Big Joe" which would not make any noise during deliveries. The public hearing then closed again on motion of Councilman McTaggart, seconded by Councilman Hinchliffe and carried, Councilman McTaggart moved, seconded by Councilman Hinchliffe to adopt the staff recommendation; that a resolution be prepared to.include the Council comments about the,un- restricted delivery hours* require access from Western Ave.; removal of the annual review; and, the addition of the requirement to use the Big Joe. Also, to cite in the resolution the fact that the City is addressing environmental issues in granting the unrestricted delivery hours; and, that these conditions would apply to levels A and B in the center. The motion carried unanimously. Discussion then centered on the letter received from a Mr. Milo Whitson, 28802 Gunter Rd. wherein he complained about the garbage pick-ups before 7:00 A.M. and the use of a loud leaf blower to clean the parking lot as early as 6:00 A.M. on a Saturday. -5- Dec. 5, 1989 Comments then followed on how the hours of operation of these activities could be enforced in this shopping center. Concern was then expressed about the poor sight distance from the south exit of this center. The suggestion was made that the Traffic Committee should review this situation and report back. Another area of concern was completion of the rear landscaping and that parking for the shopping center employees be made a part of the conditional use permit. At this point, considering the issues that remained to be settled, the public hearing was again re-opened on motion of Councilman McTaggart, seconded by Councilman Hinchliffe and carried,, City Attorney Calonne commented that only testimony regarding the employee parking and the rear landscaping issue could be entertained at the December 19th meeting. RECESS AT 9*945 P.M. the Mayor declared a recess. At 9:55 P.M. the meeting reconvened,, 0 AUDIENCE QUESTIONS, Bill Griffin, 5 Gingeroot Lane,, inquired about the possibility of using large rocks on the A & H property for use as a sea wall. Staff responded that A & H has secured approval for a rock crusher and they are apparently mixing it with soil and are using that as a part of their export to the Port of Long Beach. Staff also indicated that there had been no discussions with the current owners about this possibility, but it had been discussed with the previous owners and at that time there was no concept of what would be required for the sea wall or what form it would take. After Council inquiry about the geology approvals in this area, it was the consensus that staff should review the approval process and report back* also, that staff should speak to the property owner to see if the request for rocks was a possibility and to let Mr. Griffin know. Also staff would present a copy of the response to the Kowalewsky geology letter, Lois Larue, 3136 Barkentine, commented on the building of a golf course and expressed concern about the safety aspects insofar as passersby being hit by golf balls from the course; objected to the reduction in the time allowed for audience questions* questioned the $350 appeal fee that had to be paid by the Portuguese Bend Homeowners Association; questioned the $350 car allowance paid to the City Manager* F questioned why some members of Council are paid -6- Dec. 5, 1989 travel expenses and not others; questioned the Planning Commission's permit to allow an underground parking structure; and, expressed concern about the quality of the water being sprayed on certain city streets. She also stated that homeowner associations are quasi - governmental bodies. Subhash Uatave, M.D., 12625 S. La Mirada Blvd., La Mirada, cited the difficulty he has had in getting appointments with the Environmental Services Dept. and the difficulty in getting his calls returned. It was the consensus that the City Manager would contact Dr. Uatave. Dr. Erica Stuart, 80 Narcissa Dr., expressed her concerns about increased growth and population and cited the fallacy in the conventional wisdom that containment of these elements is impossible. Robert Lyon, 6424 Via Colinita, inquired about the City's response to the Palos Verdes Peninsula Unified School District draft environmental impact report. Council responded that the City had reaffirmed the comments issued in the August 19, 1987 response to the closure of Miraleste High School. After inquiries about whether Rolling Hills had responded to the possibility of opening up Crest Road and if comments had been received from the Rolling Hills Estates City Council or from their staff it was the consensus that staff would supply Council with copies of the responses from Rolling Hills Estates and Rolling Hills. Additionally, that staff would write a letter to the School District telling.them that the City is currently reviewing the Environmental Impact Report; also, that staff should cite the insufficiency of their notice attached to the E.I.R. RESOLUTION 89 -113 In response to Council's in- IMPLEMENTATION OF quiry the City Attorney said RESTORATION ORDINANCES FOR that this resolution was APPLICATIONS FILED PRIOR intended to cover those TO PROPOSITION M (501) applications in process. Resolution No. 89 -113 adopting REGULATIONS TO IMPLEMENT THE RANCHO PALOS VERDES COUNCIL, OF HOMEOWNERS ASSOCIATIONS AND THE CITY COUNCIL COOPERATIVE VIEW PRESERVATION AND RESTORATION ORDINANCE WITH RESPECT TO HEIGHT VARIATION APPLICATIONS FILED BEFORE THE EFFECTIVE DATE OF PROPOSITION M was presented by title and adopted on motion of Councilman Hinchliffe, seconded by Councilman Hughes and carried. RESOLUTION NO. 89 -114 - The City Manager presented the DENYING HEIGHT VARIATION staff recommendation to deny the NO. 616 - 30741 GANADO DR* applicant's appeal to overturn (1804 -7- Dec. 5, 1989 the Planning Commission's approval of a second story addition. Mr. Kean Hamilton, 30745 Ganado Dr., stated that his property was adjacent and just east of the proposed project. He was appealing this project based upon the impact it would have on his view and on his privacy. It was his belief that this project would block 25% of his view and the proposed balcony would infringe upon his privacy. He suggested that the addition be placed elsewhere on the existing structure and stated that the range pole would not adequately represent the proposed project and its impacts on his view. As a minimum he requested that the balcony be denied. John Dailey, 30753 Ganado Dr., said that he lives two doors away from the applicant and he was basing his appeal to the project based upon the view blockage that would result. Mr. Dailey also cited the view blockage resulting from the hedge adjacent to 30747 Ganado Dr. He requested that the City Council deny this proposed structure. With the use of a model he had made of the proposed structure Mr. Hamilton described how he thought it would impact his view. The property owner, Mrs. Chin - Kuei Kuo, 30741 Ganado Dr., presented pictures of the proposed structure and rebutted the remarks made by the appellant with regard to blockage of their view. She cited the fact that her application meets all of the code requirements, Councilman Hinchlif.fe moved, seconded by Councilman Ryan and carried to adopt the staff recommendation. Mr. Hamilton then addressed the Council about the issue of privacy and whether they would consider an alternative location for the addition. After additional Council discussion it was the consensus that No. 4 on Exhibit A to the proposed resolution be amended to require that the oleander bushes be maintained no higher than the adjacent existing fence. The City Attorney also proposed an addition to the resolution to add a section reflecting the presentation by-the appellant and the accuracy of Mr. Hamilton's model. Resolution No. 89 -114 DENYING THE APPEAL OF HEIGHT VARIATION NO. 616 THEREBY SUSTAINING THE PLANNING COMMISSION APPROVAL OF THE PROJECT AT 30741 GANADO DR. AS AMENDED BY ADDING NEW SECTION 7 AND MODIFYING EXHIBIT A. NO. 4 was adopted on motion of Councilman Hinchliffe, seconded by Councilman McTaggart and carried. -8- Dec. 5, 1989 NUISANCE ABATEMENT 32525 The City Manager presented the SEACLIFF DR. (1701) staff recommendation to adopt a resolution determining that a public nuisance exists at 32525 Seacliff Dr. and authorizing the City's code -enforcement official to proceed with nuisance abatement. James Tam, 32525 Seacliff Dr., the property owner objected to the staff report because of what he felt were selected facts reported therein* He said that each of the changes made were made at the direction of the City and he summarized those changes. Council then discussed the practicality of whether the property could be brought into conformance by December 20th. Councilman Hinchliffe moved, seconded by Councilman Hughes and carried to adopt the staff recommendation. Staff was re- quested to clarify with Mr. Tam the ramifications of him bringing the property into conformance versus the City doing the work. RESOLUTION N09 89-115 DETERMINING THAT A PUBLIC NUISANCE EXISTS AT 32525 SEACLIFF DR. AND AUTHORIZING THE CITY'S CODE ENFORCEMENT OFFICIAL TO PROCEED WITH NUISANCE ABATEMENT was presented by title and adopted on motion of Councilman Hinchliffe, seconded by Councilman Hughes and carried. RECREATION & PARKS The City Manager presented the COMMITTEE - APPOINTMENT staff recommendation to appoint (1201) five members to this committee, Three members to be appointed for a four year term until December 1993 and two members to be appointed to a two year term until December 1991, Councilman Ryan moved, seconded by Councilman McTaggart to make this committee a seven member committee. The motion carried on 4-1 vote with Councilman Hinchliffe voting in opposition. The City Clerk read the ballots submitted by the City Council and recorded the vote as indicated on Exhibit "A" attached and made a part of these minutes. The following appointments were made for a four year term of office to 1993: Andrew Bonacich, Walter Marshall, Eric Randall and Lee Gintz. The following appointments were made for two years until 1991: Caren LibitY Janette Engelman and Karl Wichser. Eric Randall was appointed Chair. Motion for the appointments was made by Mayor Bacharach, seconded by Councilman Hinchliffe and carried. -9- Dec. 5, 1989 COUNCIL REORGANIZATION After remarks by Mayor (306 Bacharach on her tenure of as Mayor, she moved, seconded by Councilman Hinchliffe to appoint Councilman Hughes as Mayor and Councilman-McTaggart Mayor Pro Tem. The motion carried on a 3-2 vote with Councilmembers Ryan and McTaggart voting in opposition. RECESS At 12:00 A.M. a brief recess was declared. At 12.*05 the meeting reconvened, COMMITTEE & COMMISSION The staff memorandum of APPLICATIONS- (106) December 5th was presented by the City Manager and the recommendation that Council seta date to interview the committee and commission applicants. It was the consensus that the applicants would be interviewed in groups of five and after a three minute opening statement by each of them the discussion would then be opened up for a one half hour question and answer period between the applicants and the City Council. Council set January 7th as the date to interview the View Restoration Committee; January 8th at 6:00 P.M, to interview the Planning Commission applicants* and,-January 14th as the date to interview the Traffic and Trails Committee Applicants, CITY COUNCIL REPORTS, EASTVIEW TASK FORCE, Councilwoman Bacharach summarized the status of the issue of annexing the Eastview area into the Palos Verdes Peninsula Unified School District* In particular she mentioned that one alternative is to allow open enrollment for people living in the Eastview area into the P.V. School District, (At 129#20 A.M. Councilman Hinchliffe left the meeting). ORDER OF AGENDA: (307) Councilman Ryan suggested that in light of the fact that the Redevelopment Agency represents only 2 to 3% of the I people 'living in the City he suggested that the Redevelopment Agency business be taken up at a later time in the Agenda. It was the consensus that the RDA Agenda would be considered after New Business on the City Council,, GOVERNMENT ACCESS CHANNEL, Councilman Ryan recommended that staff come back with recommendations on microphones, cabling and muting switches to ensure better transmission of City Council meetings. It -10- Dec. 5, 1989 was the consensus that staff should prepare for the December 19th meeting a report on this with the intention being that funding would be approved for this equipment. STATUS OF CITY COUNCIL No action was taken on this DIRECTIVES matter. ITEMS REMOVED FROM THE CONSENT CALENDAR. 1990 HOLIDAYS (1202) After discussion of whether Presidents Day has been a traditional City holiday, staff was requested to report back to City Council with the holiday schedule of the last four years. 0 ADJOURNMENT, At 12*930 A.M. the meeting adjourned on motion of Councilman Ryan, seconded by Councilman McTaggart. 11 9i MAYOR ATTEST, CITY CLERK -11- Dec. 5, 1989 RAWJ-0 PALOS V RECREATION AND PARKS COMMITTEE COUNCILMEMBER CANDIDATE mayor r P'oTer, M � Ta art CZUn 1 rne I �-! i rY� I i �, bens T %iC1 hey -SOONER �yQ.n mayor 8�1Ghwzith Andrew Bonacich Janette Engelman MEMNON � ✓" _MIM NOW Lee S. Gintz � � ✓ Caren R. Libit John Loy ins Florence Marshall 1/ Walter Marshall ✓ � •� Eric Randall ✓ �'" David F. Roche James-Slayden f Karl Wichser MEMO i✓ a I i f -12- ATTACHMENT MINUTES Dec. 5, 1989