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CC MINS 19880405M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL 5, 1988 The meeting was called to order at 7:30 P.M. by Mayor Robert E. Ryan at Hesse Park Community Center, 29301 Hawthorne Blvd. After the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BACHARACH, McTAGGART, HUGHES, HINCHLIFFE AND MAYOR RYAN Also present were City Manager Dennis McDuffie, City Attorney Steve Dorsey, Director of Environmental Services Robert Benard, Public Works Director George Wentz, City Clerk Jo Purcell, and Finance Director Kevin Smith. WAIVER OF FULL READINGS Councilman Hinchliffe moved, ORDINANCES & RESOLUTIONS seconded,by Councilman Hughes 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, unless specific request was made at-that time for the reading of such ordinance or resolution, CEREMONIAL MATTER Educational Exchange Students Bradford-on-Avon, England for pation and dedication as memb Program, Mayor Ryan presented a Cer- emonial Proclamation to the from St. Laurence School, their enthusiastic partici- ers of the Student Exchange APPROVAL OF AGENDA The agenda as amended was approved on motion of Councilman Hughes, seconded by Councilwoman Bacharach and carried. CONSENT CALENDAR The Consent Calendar was amended to remove the matter regarding the Specific Plan Initiation-as the first item of business and to move ordinance No.'226 to the end of the agenda i on motion of Councilman Hinchliffe seconded by Councilman Hughes the Consent Calendar was approved as: follows: MINUTES Approved the minutes of March-15,, 1988, CLAIM AGAINST THE CITY BY Rejected the claim and LLOYD & PENNY BROWN (303) directed the City Clerk to WAIVER OF FEE - SIGN PERMIT NO. 394 (1203) notify the claimant. Waived the fee for the sub - ject application. NUISANCE ABATEMENT BILLING - Approved the charges for the 4270 DAUNTLESS (ROTH) (1701) nuisance abatement at 4270 Dauntless Drive and authoriz- ed the City Manager to sign a letter on behalf of the City Council notifying Mr. Roth of the charges. RESOLUTION NO. 88--21 Adopted RESOLUTION 88 -21 REGISTER OF DEMANDS ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. LEGISLATION ( 3 0 6) Adopted the following on pro- posed legislation: OPPOSED AB 4521 (Hannigan), AB 2959 (Bader), AB 3950 (Roos), SB 2632 (Alquist), SB 2832 (Watson): SUPPORTED: S 2023 (D'Amato), AB 2817 (O'Connell) and ACA 53 (McCli of years ago and may not be reflective of current attitudes toward development, Peter Herman, 8 Alcott Place, Laguna Niguel, CA., represent- ing the Palos Verdes Land Holding Company Inc. expressed his support for staff recommendation and the process outlined for the initiation of the plan. He said that the Hon Corporation would cooperate with the development of such a plan in Sub- regions 7 and 8 and the switchback. Douglas Ring, 1800 Avenue of the Stars representing VMS Properties, requested that the adoption of this initiation be delayed for two weeks so his firm could meet with the staff. A Council discussion then followed about the necessity for such a delay, and how it would affect the overall progress of the study. Warren Sweetnam President of the Rancho Palos Verdes Council of Homeowner, presented a resolution prepared by that Association regarding the Palos Verdes Land Holding Co. and the proposed project under study by Barry Hon. (This document is on file with the City'Clerk's office.). Jay D. McLaren, 3923 Palos Verdes Drive South-, presented his concerns about the development of the area. John Corcoran, representing the Monaghan Company, explained that the Monaghan Development was exclusive of any proposed developments by Hon or VMS Properties. Councilman Hinchliffe moved, seconded by Councilman Hughes, to adopt the staff recommendation. A brief Council discussion then ensued about the vesting of rights in tentative tract maps. The motion carried. Councilwoman Bacharach motion to invite VMS to the next meeting to make a presentation died for lack of a second., CONDITIONAL USE PERMIT City'Manager McDuffie pre- NO. 23 - LANDSCAPING APPEAL. sented the April 5, 1988 LOCATION: 32424 AQUA VISTA staff memorandum and the DRIVE (1804) recommendation to deny the reconsideration and require the landowner to remove the four remaining Italian Cypress. Summarizing the background on this appeal -he explained that this matter began with the approval of , a landscape plan with the condition that fifteen of the existing twenty - two Italian cypress on site be removed. An-appeal was made to the Planning Commission to allow the'trees,to remain but was denied: by them-on September 22:, 1987. An. appeal was then made to-the City-Council and denied on January 14,, 1988..'-The landowner *had. removed eleven of the trees and was now requesting.that the Council reconsider their decision-and allow the four remaining trees to stay. Environmental- services Director Benard explained the history -36M April 5, 1988 on the landscaping plan on this home which was part of a tract that initially had an approved landscaping plan for only the common area. The lots had however been individually developed and the original landscaping plan for the individual lots was never used. A plan was subsequently approved for the Hyatt residence as a condition for a variance. Herbert Hyatt, 32424 Aqua Vista, told the Council that he had already cut down fifteen trees and explained why he felt the remaining four trees should stay. He presented a petition which had been signed by all of the neighbors in the area which included two people who had previously objected to the landscaping. Council discussion then ensued and included the suggestion for some kind of a document which would be a recorded covenant that would run with the land. Such an agreement could restrict the trees to twenty feet, The City would be a party to this agreement and it would stay in force even when ownership of the property changed. Since Mr. Hyatt explained that he found out after purchasing the property that two violations in the building code existed, a brief discussion ensued about the process followed in building inspections. Councilman McTaggart moved, seconded by Councilwoman Bacharach, to delay this matter for thirty days with the understanding that staff would prepare a document which would run with the land and which would preclude any view impairment by landscaping on the Hyatt property; also, that the City would be a party to such an agreement. The motion carried on a 4-1 vote with Councilman Hinchliffe voting in opposition. RECESS & RECONVENE P.M. the meeting reconvened. AUDIENCE QUESTIONS* At 8:50 P.M. the Mayor declared a recess. At 9 :05 Responding to the Mayor's call for audience questions for items not on the agenda were the following: Steve Nemeth, 3162 Crownview, who stated his concern about blockage of views by trees and summarized the situation that he now experiences with his view being blocked by a neighbor's trees. Kathy Snell, 8 Vanderlip Drive, read the April 4, 1988 letter that she received from the City which described the illegal construction activity at 8 Vanderlip and the expiring permits for work at that address. She explained the circumstances surrounding the destruction of these building in 1973 and also explained that she has proper permits for the building and the electrical wiring to the those buildings. Council requested that the City Manager review -4- April 5, 1988 this case to make sure that everything is correct and to prepare a summary for the weekly status report. LANDSLIDE MORATORIUM The City Manager presented EXEMPTION NO. 12. the staff memorandum of LOCATION: 4380 DAUNTLESS(1801) April 5, 1988 and the recom- mendation to deny the request and allow the applicants a 700 sq. foot total addition. He summarized the background on this request and reported that on-August'19, 1986 the Council approved an exemption to allow an application for a f first - and second f loor addition of 700 square feet. Subsequently the applicants submitted a height variation for a 1615 square foot addition, 528 square feet on the first floor and 875 on the second floor plus - a 214 square foot balcony. In October 1987 a.height variation request was denied based on the findings that the project did not meet the requirements of the Municipal Code (Section 17-.02- -040,1 - B1) . The application was denied- because the 1615 square foot-proposal exceeded the 700 square foot addition approved by Moratorium Exemption No. 12. That decision was appealed;to,the Planning-Commission who postponed their decision- and' directed- the. -applicant to receive clarification from the City Council regarding the square-footage approved by them- - on August 19, 1986., The - staff memorandum further explained that all records on file indicated that the Council approved an addition of approximately 700 square feet. Architect Martin M. Jaconi, 6436 Via Colinita..- explained that he- had- taken- over the- project f rom another architect and that there are several errors in the plans. He explained that it was never-the intention lof,the applicants to apply for only 700 square.feet - * He further .explained the difficulty in trying,-:to reconstitute what had happened with this project over '(the past, two -years-and requested, that the applicants be allowed -to.- complete- the addition as he felt, it was originally requested. Viola Semonian-!'-4394 Dauntless Drive, explained that the proposediproject,would deprive° here of privacy in her backyard..- Council discussion then included inquiry about whether there was an -updateton the geology-in the- area.and if staff had developed a- definition- for minor-projects. �Additional comments included inquiries about whether the City is at risk if this. exemption is,granted and the possibility that the Klondike Canyon and Abalone Cove landslide area differ in nature. Chuck,williams., the applicant in this matter, told the Council that; the project., -is designed with the least-.amount of view-obstruction, that there is a pool in the area that has adequate drainage'and�it was his intention to put adequate 5. April 5,, 1988 gutters on the proposed project to prevent any run off problems. Another discussion ensued regarding the characteristics of the-Klondike Slide versus the Abalone Cove Slide, the reason for the 600 foot limitation on additions, and the fact that perhaps this restriction should be reviewed. Councilman Hinchliffe moved, seconded by Councilman Hughes to approve the staff recommendation and deny the request to allow the applicants more then a 700 square foot total addition. The motion carried on a 4 - 1 vote with Councilwoman Bacharach voting in opposition. After another brief discussion, it was the consensus of the Council that the issue of reviewing the Klondike Canyon Landslide should be referred to the Council Landslide Sub-Committee and that they should report back to the Council. ORDINANCE NO. 227 -HEALTH ORDINANCE NO, 227 OF THE CITY CODE (801) OF RANCHO PALOS VERDES ADOPT- ING BY REFERENCE TITLE 11 HEALTH AND SAFETY, DIVISION 1, HEALTH CODE, OF THE LOS ANGELES COUNTY CODE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was presented by title, Councilman Hinchliffe moved, seconded by Councilwoman Bacharach to waive further reading and INTRODUCE ORDINANCE NO. 2270 RESOLUTION PARKING ON (1502) 88-20 - PERMIT The City Manager presented CADDINGTON DR. the April 5. 1988 staff memo- RESOLUTION WHICH DAY ON THE NORTH 400 FEET WEST OF to a homeowners about potential shopping center randum and the recommendation to adopt the proposed WOULD ESTABLISH PERMIT PARKING 24 HOURS A SIDE OF CADDINGTON DR. FROM WESTERN AVE. TO WESTERN AVE. This proposal was in response association request because of their concern parking problems resulting from a new to be built in the area. Greg Fuz, 1811 Caddington Dr., speaking as a member of the Board of the La Pointe Condominum Association, explained that everybody in the area had received notice of this permit parking procedure. RESOLUTION 88-20 ESTABLISHING PERMIT PARKING ON THE NORTH SIDE OF CADDINGTON DRIVE FROM WESTERN AVENUE TO 400 FEET WEST OF WESTERN AVENUE was presented by Title and adopted on motion of Councilman Hinchliffe, seconded by Councilman Hughes and carried,. ORDINANCE NO. 228 - MIS- The City Manager presented DEMEANORS, INFRACTIONS, the staff memorandum and the AND NUISANCES, (1103 x 1701) recommendation that Council adopt the proposed ordinance He went on to explain that the California Penal Code had recently been amended to increase the maximum fine for mis- -6- April 51 1988 demeanor and infraction penalties. The City Attorney recommended that the City adopt this proposed amendment. ORDINANCE NO. 228 OF THE CITY OF RANCHO PALOS VERDES AMENDING THE PENALTY PROVISIONS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE WAS presented by title. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe and carried to waive further reading and introduce ordinance No. 2286 ORDINANCE NO. 229 - SOLID Public Information Officer WASTE COLLECTION (1402) Cari Cooper presented the staff memorandum of April 5, 1988 and the recommendation that the Council adopt this proposed ordinance. She presented-minor-changes to the proposed ordinance. Council.discussion then included concern about assurances that the material is actually recycled,-what happens in the case that hazardous material is collected, the control over maintenance that the City has for vehicles used in-the recycling program, and the effects that this recycling program will have on groups that pick up recyclable - material. Concern was expressed about 'who would-enforce the inspection of the vehicles used, whether this ordinance placed any restrictions on dumpsters used by homeowners, and the - restriction or control that this ordinance places on noise generated, by these trucks. J. McLaren, 3923 Palos Verdes Drive South, expressed his willingness to serve as a volunteer on the monitoring of noise. ORDINANCE NO. 229 OF THE CITY OF RANCHO PALOS VERDES RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE AND AMENDING TITLE,5 AND TITLE 8 OF THE RANCHO PALOS VERDES MUNICIPAL CODE was presented by.Title. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to waive further reading and introduce this ordinance as amended. The motion carried. AWARD.OF AGREEMENT FOR SOLID WASTE COLLECTION AND RECYCLING PROGRAM (605 x 1402) of California for the disposing 1 of the City and for curbside years commencing May 1, 1988* The City Manager presented the staff memorandum and the recommendation to award the agreement to Waste Management of residential refuse in area recycling for a period of five The. staff memorandum explained that for twice a week service Waste Management would charge $14.40 a month: this price would hold until July 1989. The recommended company currently provides recycling for the City of San Jose. The sub-committee recommended an agreement with the company for five years. In lieu of an annual clean up day, the agreement also provides for a service whereby residents can have large -7- April 5, 1988 bulky items disposed of with a 24 hour advanced request to the company. The sub-committee (Ryan & Bacharach) had also recommended a five percent franchise fee which would' result in annual revenues of $38,,000 to the City. Council discussion then included a concern about the fact that Waste Management was not in the local telephone books and would not be until October. The suggestion was made that an item be published in the CITY NEWSLETTER announcing the contract with Waste Management for the Area 1. Representing Waste Management was Wiley Scott, who answered questions from the Council regarding the collection of revenue from the recyclable material., how the recycling program will be monitored to assure that the City gets the maximum revenue, and how the receipts would be given to the City quarterly. Additionally, he explained that his company would work in the City four days a week and that Wednesday would be used as a catch-up day in the case of holidays. He also explained that his company has a three month advance billing practice. Representing BFI was Stuart Axelrod who expressed his dis- agreement with the awarding of the bid to Waste Management and countered that his company could give a better price. Additionally, he alleged that he was requested to submit a price which included an 8% franchise fee. A brief discussion then ensued about how customers who have already paid in advance for service from BFI would be reimbursed. RECESS AND RECONVENE Discussion about the it was the consensus Waste Management sho, instead of May 1. At 11*025 P.M. the Mayor declared a brief recess. At 11:35 the meeting reconvened. reimbursements to customers resumed and of Council that the contract with uld become effective on July 1 In response to Warren Sweetnam's inquiry about whether this would be a flat rate or if separate rates would exist in this part of area 1 for people, Council responded it would be a flat rate for the entire area. Councilwoman Bacharach moved, seconded by Mayor Ryan to approve the agreement with Waste Management of California effective July 1, 1988 and that the recycling and rubbish collection would begin on the same date. The motion carried on the following roll call vote. AYES: BACHARACH, HINCHLIFFE, HUGHES, AND MAYOR RYAN NOES: McTAGGART -8- April 5, 1988 CITY COUNCIL REPORTS: CITY FENCES Councilwoman Bacharach inquired about the usefulness of the fences at the Civic Center and at Abalone Cove Beach. She inquired whether they were going to be removed. After a brief discussion it was the consensus that the fence at the Civic Center should be removed and that the fence at Abalone Cove should be scheduled for removal at an appropriate times LIBRARY 10k -3k WALK Alluding to the letter received from the Library Board and their request for participation in the 10K - 3K Walk to be held on April 30th, Mayor Ryan requested that the flyer be distributed to the city Council and staff for consideration to participate in this event. LETTER FROM CHADWICK SCHOOL In response to the letter received from Chadwick School about the Marineland'sculptures, it was the consensus of Council to respond to the school and tell them that no determination has been made about the disposition of the sculptures. MWD - ALL AMERICAN CANAL LEGISLATION Referring to the letter received from the Metropolitan Water District about HR 3988 -(All American Canal) it was the con- sensus to send a letter in support of this legislation. SUBSTANCE ABUSE COMMITTEE MEETING Councilman McTaggart reported on the meeting for this Committee and briefed the Council on the information and help now available for substance abusers. He presented a directory of helping agencies and requested that the information be put on public access channel 3. The Mayor re- quested that Councilman McTaggart represent the City at the next meeting of that organization. NEIGHBORHOOD WATCH Councilwoman Bacharach reported that the Neighborhood Watch Coordinator, Terri Werner, advised her of a network of area coordinators that now exist in the Neighborhood Watch program. Mrs. Bacharach said she would like to have more frequent reports from Ms. Werner on the Neighborhood Watch efforts. In an effort to intergrate the program into the City process the Neighborhood Watch program was'made a -9- April 5, 1988 responsibility of the Regional Police sub-committee (Bacharach and Hughes) TRAILS COMMITTEE INTERVIEWS Council set April 18, 1988 at 6:00 P.M. as the date to interview the candidates for the Trails Committee. CITY MANAGER REPORTS. FISCAL YEAR 1988-89 BUDGET Council set April 25th at REVIEW 6:00 P.M., May 2nd and May 16th as the dates to review the budget for 1988-89. Staff was requested to issue a press release on these scheduled workshops. STATUS OF COUNCIL DIRECTIVES Council requested that this report be dated. ITEMS REMOVED FROM THE CONSENT 9 CALENDAR. ORDINANCE NO. 226 SATELLITE Robert Eaton,, 26123 Barkstone ANTENNAS (1801) read a letter that he rec- eived from the Satellite Broadcasting and Communications association of America which questioned the $145 fee charged by the City for an installation permit. Carman Alberio, 2177 Rockinghorse Road, spoke in support of the proposed ordinance and urged Council to adopt it. Councilman Hinchliffe moved, seconded by Councilman Hughes to adopt ordinance No. 226 motion carried unanmously, ADJOURNMENT: At 124-30 A.M. the meeting adjourned to April 18th at 6:00 P.M. to interview the Trails Committee candidates. ATTEST: CITY CLERK -10_ April 5. 1988