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CC MINS 19891219 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 19, 1989 At 7: 30 P.M. the meeting was called to order by Mayor Hughes 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 RYAN, BACHARACH AND MAYOR HUGHES ABSENT: McTAGGART AND HINCHLIFFE Also present were City Manager Dennis. McDuffie, Acting Finance Director Linda Boer, City Attorney Ariel Pierre Calonne, Environmental Services Director Robert Benard, Public Works Director George Wentz, Recreation and Parks Director Mary Thomas and City Clerk Jo Purcell . CEREMONIAL MATTER ( 304) Mayor Hughes presented a ceremonial proclamation to Andy Bonacich and Paul Bloland for their leadership and service to the Community while serving on the rails Canuft'i-ate e. WAIVER OF FULL READINGS Councilwoman Bacharach moved, ORDINANCES AND RESOLUTIONS seconded by Mayor Hughes 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. The motion failed on a two - one - two vote with Councilmember Ryan voting in opposition. (McTaggart and Hinchliffe absent. ) APPROVAL OF AGENDA After removal of the Register of Demands and moving discussion of the resolution regarding view preservation following New Business, the agenda was adopted as amended on motion of Councilwoman Bacharach, seconded by Councilman Ryan and carried. CONSENT CALENDAR MINUTES The minutes of October 31st, November 21st and December 5, 1989 were approved. RECREATION AND PARK DEPT. Authorized the purchase of PURCHASE OF COPIER Harris/3M 6242 Copier at a (1201)x(-50Z) cost of $14,893. RESOL. 89-116 - RECREATION Adopted RESOLUTION NO. 89-116 AND PARKS COMMITTEE (1201) ESTABLISH:'. G THE RANCHO PALOS VERDES RECREATION AND PARKS COMMITTEE. RESOL. 89-117 - ARCHERY Adopted RESOL. NO. 89-117 RANGE - PORTUGUESE BEND DENYING THE APPEAL OF LANDSLIDE (1884) ENVIRONMENTAL ASSESSMENT NO. 223-REVISION AND CONDITIONAL USE PERMIT NO. 10-REVISION AND DENYING THE FEE WAIVER REQUEST THEREBY ADOPTING THE FINAL NEGATIVE DECLARATION AND APPROVING A ROVING FIELD ARCHERY RANGE IN THE PORTUGUESE BEND LANDSLIDE The motion to approve the Consent Calendar and waive full reading carried on the following roll call vote: AYES: RYAN, BACHARACH AND MAYOR HUGHES NOES: NONE ABSENT: MCTAGGART AND HINCHLIFFE PUBLIC HEARING: RESOL. NO. 89-118 The Mayor declared that this C.U.P. NO. 149 was a continued public hearing (1804) from December 5, 1989. The staff recommended adoption of the proposed resolution approving an amendment to Conditional Use Permit No. 101 to allow off-site alcohol sales at Trader Joe' s and amend Conditions #11 and #19 of the Conditional Use Permit to modify the hours for deliveries, trash pick-up, lot sweeping and air blowers. Representing Trader Joe' s were Fred Morsheimer, 28914 Covecrest Drive, who clarified the type of delivery trailer used and Brett Marsh, 28901 S. Western Avenue, who said that the parking lot was swept at night but that it could be changed to start at 7: 00 A.M. After Council discussion of the conditions of Exhibit "A" , in particular, the operation of the leaf blowers to clean the parking lot, it was the consensus that weekend cleaning of the parking lot and trash collection would be limited to the hours of 7: 00 a.m. to 10: 00 p.m. on Saturdays, holidays and Sundays; that hours of business operation (open to the public) shall be limited to 8: 00 a.m. to 11 : 00 p.m. -2- DECEMBER 19, 1989 There being no response to the Mayor' s call for public testimony, the public hearing was closed on motion of Councilwoman Bacharach, seconded by Mayor Hughes and carried. Councilwoman Bacharach moved, seconded by Councilman Ryan, and carried to waive further reading and adopt as amended RESOL. NO, 89-118 APPROVING THE APPEAL OF ENVIRONMENTAL ASSESSMENT NO. 583 AND CONDITIONAL USE PERMIT NO. 181 REVISION "E" AT 28901 WESTERN AVENUE. ISLANDVIEW LANDSCAPING The City Manager presented the ( 1411) memorandum of December 19th and the staff recommendation to review the proposed landscape covenant for the trees in Island View Meadow Park and continue the item until January 16 , 1994 to allow adequate time for the interested parties to review and comment on the document. Associate Planner Laurie Jester explained how these trees were measured to comply with the most restrictive determination to protect views. Norman Taylor, 5752 Sunmist, stated he thought the removal of the Carrotwood trees would resolve the view problem. He said that the bushes along the fence were very dense and were also blocking views of people who walk along Crest Road; he disagreed with having to sign the covenant and in particular objected to a third party deciding that he might be blocking their view and would have to pay for its restoration. Tom Coull , 49 Santa Catalina Dr. , said that the hedges along the fence were not a violation of the landscaping plan. After discussion and agreement to the removal of the Coral trees and replacement with an appropriate substitute in another location the cost of annual maintenance for lacing of certain trees, and the fact that the board of the homeowners asociation would not be meeting until January 9th, Councilwoman Bacharach moved, seconded by Councilman Ryan that the Carrotwood trees be removed and that a revised agreement be prepared for the January 16th meeting. RECESS AND RECONVENE At 9: 40 P.M. the Mayor declared a recess. AT 9: 07 P.M. the meeting reconvened. AUDIENCE QUESTIONS: Dr. Grant Stucki, 31319 Marne Drive, stated his objection to -3- DECEMBER 19, 1989 Councilman McTaggart not being appointed Mayor, said that he had requested the District Attorney to look into that, and requested that Mayor Hughes tender his resignation. Tom Coull , 49 Santa Catalina Dr. , inquired about the status of the landscaping of the Crest median. Lois Knight Larue, 3136 Barkentine, addressed a number of issues: the spraying of medians and the resultant run-off into the ocean; the height of the fence at Portuguese Point, and requested that the City cut down the top rail of the fence. Robert Lyon, 6424 Via Colinita, questioned why he was not able to get Cable TV on his street. Since it was the understanding that the cable company had committed to cabling the whole City by a certain date, it was the consensus that staff should look into this matter to see if the City had any remedies in requiring the Cable Company to cable that street. MIRALESTE HIGH SCHOOL The City Manager presented the CLOSURE - DRAFT EIR memorandum of December 19th and ( 1401 X 1801 ) the staff recommendation to authorize the Mayor to sign and transmit the proposed letter to the Palos Verdes Peninsula Unified School District. Robert Lyon, 6424 Via Colinita, representing EPEC, introduced Debra A. Bright, Project Manager, Environmental Audit Inc. , who presented that company' s evaluation of the draft EIR on the closure of Miraleste High School . Ms. Bright summarized this evaluation. (This evaluation is on file with the City Clerk' s office. ) Council ' s concerns then covered the use of the switchback area of Palos Verdes Dr. East rather than students using the longer route along Palos Verdes Dr. East and North; and considering the fact that road was built with public funds, whether opening Crest Road had been considered as a mitigating measure, It was the consensus that the City Attorney would look into the status of title of Crest Road. Councilwoman Bacharach moved, seconded by Mayor Hughes to approve a letter covering all of the Council concerns. Motion carried unanimously. RESOLUTION No. 89-119 - Rayne Sherman, 4443 Admirable AMENDING STREET TREE POLICY Drive, inquired whether the (501 x 1407 ) owner adjacent to City trees had any appeal process. He stated his objection to the removal of 26 pine trees along Admirable Drive. -4- DECEMBER 19, 1989 Council explained that the City is required by Proposition M to remove trees if they are interfering with views. Milton Rosen, 4140 Admirable Drive, also expressed his opposition to the removal of these trees. RESOLUTION NO. 89-119 ADOPTING REGULATIONS TO IMPLEMENT THE RANCHO PALOS VERDES COUNCIL OF HOMEOWNERS ASSOCIATIONS AND CITY COUNCIL COOPERATIVE VIEW PRESERVATION AND RESTORATION ORDINANCE BY AMENDING THE POLICY FOR STREET TREE PRUNING AND REMOVAL was presented by title. Councilman Ryan moved, seconded by Mayor Hughes to waive further reading and adopt the Resolution No. 89-119. Motion carried unanimously. REVISED BUILDING CODES The City Manager presented ( 201) the staff memorandum of December 19th the following recommendations: (1 ) Adopt the 1988 Uniform Building Code as amended: ( 2) Adopt the 1988 Uniform Plumbing Code as amended: ( 3) Adopt the 1988 Uniform Mechanical Code as amended ( 4) Adopt the 1987 National Electrical Code as amended: ( 5 ) Adopt the 1988 Uniform Administrative Code as amended: (6) Adopt the 1988 Uniform Code for the Abatement of Dangerous Buildings. After a brief Council discussion of the code sections being amended bythis proposed ordinance and the request for additional clarifications, it was the consensus that a meeting be held at 6: 30 A.M. on Friday December 22nd. At this point in the meeting the City Council recessed to conduct the Redevelopment Agency, the time being 10: 31 P.M. At 10: 55 P.M. the Council resumed discussion of City Council items. PEDESTRIAN EASEMENT - The City Manager presented the 7061 CREST ROAD (450) letter received from Jacob and Gwen Friend requesting that the matter of the pedestrian easement across their property located at 7061 Crest Road be placed on an upcoming agenda. Councilwoman Bacharach moved, seconded by Mayor Hughes to refer this item to staff and the Trails Committee for analysis and review. The motion carried unanimously. CITY COUNCIL REPORTS: CITY COUNCIL ASSIGNMENTS: With the concurrence of the ( 306) Council , Mayor Hughes made the following appointments to the existing City Committees. -5- DECEMBER 19, 1989 STANDING CONKITTEES REPRESENTATIVES City Selection Hughes/McTaggart League of CA Cities Hughes/McTaggart Sanitation District Hughes/McTaggart Four Cities Mayor Committee Hughes SLAG McTaggart/Bacharach So. Bay Corridor McTaggart/Bacharach SCJPIA McTaggart/Ryan So. Bay Cities Assoc. McTaggart/Bacharach Contract Cities McTaggart/Ryan Chamber of Commerce Entire Council West Basin Water District McTaggart/Hinchliffe SUBCOMMTTEES MEMBERS Peninsula Transportation McTaggart/Bacharach School Liaison Ryan/Hinchliffe Regional Sheriff Hughes/McTaggart Landslide Hughes/McTaggart Cable TV Hughes/Bacharach MAX McTaggart/Bacharach AD HOC COMMITTEES MEMBERS Refuse Franchise Ryan/Bacharach Substance Abuse Liaison McTaggart/Hinchliffe Tree Policy Hughes/McTaggart Art in Public ' Places Bacharach/Hinchliffe TREE ROOTS: (1407 ) Councilman Ryan inquired about the City' s use of tree shields to prevent the spread of tree roots. Staff responded that a test program is currently being run on some trees in the Eastview area. RECYCLING: (1301 ) Councilman Ryan inquired about the City' s ability to require the use of paper bags at supermarkets within the City unless plastic bags are specifically requested. The suggestion was made that perhaps an article on this item should be prepared for the Newsletter. It was the consensus that the City Attorney should study this issue to see if the City could impose such a restriction. Concern was expressed that the City Staff should purchase as much recycable products as possible. Staff was directed to contact Waste Management to remind them that residents are now allowed to put tin cans and P.E.T. containers in the recycable bins. -6- DECEMBER 19, 1989 APPEALS IN GENERAL Citing the inquiry of the Monaco Homeowners Association regarding their appeal of the geology on the Watt project, Councilman Ryan inquired about the appeal procedure on geology and if those appeals came to the Council . The City Attorney explained that this is the only type of appeal that goes before the Planning Commission and does not come to the Council . He suggested that there should be one way to handle all of the appeals. DIMENSION CABLE/FCC Mayor Hughes referred to the GUIDELINES ( 605) letter sent out by Dimension Cablevision indicating that two channels would be discontinued. He explained that the Cable Company has been requested to drop the programing for which there are duplicate programs in San Diego and Los Angeles on the network stations. The Cable Company is now looking for programming that will address itself to minority groups, particularly the Asian population. They are still looking for satisfactory program and are also looking for a number of cable services. ELECTION NIGHT PROGRAM: Councilman Ryan inquired about the programming for the election night program and who controlled its content. A brief Council discussion ensued regarding the quality of that program and the mechanism that approved the show and its contents. CITY COUNCIL VIDEOTAPES: Councilman Ryan inquired about the ownership of the videotapes of City Council meetings and whether they should be owned by the City. After Council comments about the pros and cons concerning the maintenance of these tapes the storage space required, and possible storage of the tapes at one of the libraries so they could be on a loan basis, it was the consensus that the City Attorney would review this matter and prepare a recommendation for Council . Kay Bara, #1 Peppertree, commented on the election night program. RANCHO VISTA SCHOOL- Mayor Hughes referred to the REQUEST FOR TRAFFIC CONTROL December 15th memorandum pre- ( 1441) pared by the City Manager Iand the recommendation from the Regional Sheriff sub-committee that the City Council approve sharing the cost for traffic control at Rancho Vista School based on the regional costing formula. -7- DECEMBER 19, 1989 This would share the cost for traffic control for one hour in the morning and one hour in the afternoon. Councilman Ryan moved, seconded by Mayor Hughes to approve an expenditure of $2, 000 for this traffic control . The motion carried on the following roll call vote: AYES: RYAN, BACHARACH AND MAYOR HUGHES NOES: NONE ABSENT:McTAGGART AND HINCHLIFFE MOUNTAINS, RECREATION & Councilwoman Bacharach referred CONSERVATION AUTHORITY to the December 4, 1989 letter (101) from the Mountains, Recreation and Conservation Authority re- garding the formation of a County-wide advisory committee that would be responsible for allocating funds raised by the Los Angeles County Park Bond Act. She requested that staff define potential sites and communicate those to the Authority so the City will be eligible for any funding that may be available. The suggestion was made that staff also consider the Redevelopment Agency land for parkland improvement. WATT PROJECTS: (1411 ) Councilman Ryan inquired if staff had responded to the letter received from the Monaco Homeowners geologist, Donald B. Kowalewsky, listing the concerns of the homeowners. Staff replied that such a memorandum would be forwarded to the homeowners association within the next few days. CITY MANAGER REPORTS: STATUS OF COUNCIL DIRECTIVES: Council requested clarification of the item regarding off road vehicles and the ordinance being prepared to address that issue. Responding to Council inquiry, staff reported that a staff memorandum would be presented on the January 16 , 1990 agenda regarding the golf course. INTERIM HEIGHT VARIATION The City Manager presented the PROCEDURES (1804) staff memorandum of December 19th to authorize staff to transmit the proposed letter to applicants for pending height variations. After Council discussion of this proposed letter, Mayor Hughes moved, seconded by Councilwoman Bacharach to authorize staff to transmit the letter. Motion carried unanimously. -8- DECEMBER 19, 1989 ITEM REMOVED FROM THE CONSENT CALENDAR: RESOLUTION NO. 89-120 After clarification of the REGISTER OF DEMANDS charges of $42,516 for engineering administration and the auditing system for those charges, Councilman Ryan moved, seconded by Councilwoman Bacharach to waive further reading and adopt RESOLUTION NCS. 89--120 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FOR WHICH THE SAME ARE TO BE PAID. The Motion carried on the following roll call vote: AYES: Ryan, Bacharach and Mayor Hughes NOES* None ABSENT: Hinchliffe and McTaggart ADJOURNMENT* At 12:15 A.M. the meeting adjourned to 6: 30 A.M. on Friday, December 22, 1989 for discussion of the Uniform Building Code Ordinance. 'JmA y f! ATTEST* f TY CLERK -90" DECEMBER 19, 1989