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CC MINS 19880719MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 19, 1988 The meeting was called to order at 7:35 P.M. by Councilmember McTaggart at Hesse Park Community Center, 29381 Hawthorne Blvd. After the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: HUGHES, HINCHLIFFE, McTAGGART LATE: RYAN @ 7:38 P.M. ABSENT: BACHARACH Also present were City Manger 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 Hughes moved seconded ORDINANCES & RESOLUTIONS 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, unless specific request was made at that time for the reading of such ordinance or resolution. APPROVAL OF AGENDA The agenda was approved on motion of Councilman Hughes, seconded by Councilman Hinchliffe and carried. MINUTES Approved the minutes of July 5, 1988. RESOL. 88--44 SPECIAL Adopted Resol. 88 -44 RECITING THE MUNICIPAL ELECTION (501) FACTS OF THE SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON JUNE 7, 1988, DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. TRACT NO. 44514 WALLACE ESTATES (1411) SLURRY SEAL PROJECT FY 1988-89 -ROY ALLAN (1404) Accepted and approved the Declaration of Termination of of covenant Running with the land. Awarded the contract to Roy Allan Slurry Seal, Inc. for an amount of $173,745, plus $22,000 for contingency, for a total amount of $195,7450 DEVELOPMENT CODE AMENDMENT Approved the initiation of an INITIATION (1801) amendment to study and recommend changes to the current definitions of open space and lot coverage as they relate to residential and commercial development. REGISTER OF DEMANDS Adopted RESOLUTION NO. 88-45 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID* SPECIFIC PLAN VI: COASTAL Reviewed the statement of SUBREGION 1 (701) qualifications and allowed the planning team to undertake the planning process and proceed with the preparation of a draft specific plan and environmental impact report for the undeveloped property in coastal subregion 1. The motion to approve the consent calendar carried on the following roll call vote. AYES NOES ABSENT: HUGHES, HINCHLIFFEr McTAGGART AND MAYOR RYAN NONE BACHARACH PUBLIC HEARINGS. GENERAL PLAN AMENDMENT The Mayor opened this public NO* 15 (701) hearing which had been continued from the July 5th meeting. The City Manager presented the staff recommendation to continue the public hearing on this item again until August 16, 1988. Councilman Hughes moved, seconded by Councilman Hinchliffe and carried to adopt the staff recommendation. APPEAL OF COASTAL PERMIT The Mayor declared the public NO* 46 (701) hearing opened on this coastal permit and grading application for a new single family residence on property located at 6410 Seacove Drive. The City Clerk reported that notice of the hearing had been duly published. -2- JULY 19, 1988 Speaking against this proposal was Jan Leavitt, 6410 Via ; Baron; Ray Barrett, 32859 Seagate Drive; Myra Ghabrial, 01 r 6512 Via Barone. All of these residents voiced concern about the noise, the lights that could possibly be installed on the tennis court and, generally, about the inappropiateness of having a tennis court in the front of the house. There being no response to the Mayor's call for further testimony, in particular from the applicant of this matter, Councilman Hughes moved, seconded by Councilman Hinchliffe to close the public hearing. The motion carried. Councilman Hughes moved, seconded by Councilman Hinchliffe to adopt the staff recommendation. RESOLUTION NOe 88-46 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING AN APPEAL OF COASTAL PERMIT NO. 45 AND GRADING APPLICATION NO* 1102 AT 6410 SEACOVE DRIVE was presented by TITLE and adopted on motion of Councilman Hughes, seconded by Councilman Hinchliffe and carried. Later in the meeting, the applicant in this matter, Kurt Nelson, told the Council he had just arrived and requested that the public hearing on this matter be reopened. The City Attorney stated that the City Council could not re- consider this appeal at this meeting and that the applicant would have to wait 6 months to file a new application. APPEAL OF VARIANCE NO* The Mayor declared the public 193 (1804) hearing opened and the City Clerk reported that notice of this public hearing had been duly published. City Manager McDuffie presented the staff recommendation to uphold the Planning Commission decision by denying this appeal of the condition of approval imposed by the Planning Commission as follows "The maximum solid wall height shall not exceed 42 inches. A 90% light and air fencing may be placed atop of said wall provided the combined height does not exceed 6 feet". The applicant in this matter, George Petrus, 2702 Azores Place, told the Council he was appealing the Planning Commission's requirement because of the unusual hardship this would place upon him. He explained that his home is 12 feet below the street level and he needed this wall for privacy and safety. Speaking in support of this wall were the following neighbors: Shelby Puckett, 30759 Tarapaca Road, and Kenneth Dysart, 30620 Tarapaca Road. All of these neighbors expressed their support for this wall and cited the fact it was an asset to the area. Speaking against the wall was Keith Reynolds, 30745 Tarapaca Road, representing the El -3- JULY 19, 1988 Prado Estates Homeowners Association, who said that the association felt it was in violation of the CC &R's. Councilman Hinchliffe moved, seconded by Councilman Hughes and carried to close the public hearing on this matter. Councilman Hinchliffe moved, seconded by Councilman Hughes to approve the staff recommendation on this matter. RESOLUTION NO. 88 -47 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL OF CONDITION NO. 1 FROM CONDITIONS OF APPROVAL OF VARIANCE NO. 193 AND ENCROACHMENT NO. 11 AT 2702 AZORES PLACE was presented by TITLE and adopted on motion of Councilman Hughes, seconded by Councilman Hinchliffe and carried. VARIANCE NO. 195 - The Mayor opened the public COASTAL PERMIT NO. 45 hearing on this appeal for (701 X 1801) coastal permit No. 45 in which the applicant was requesting construction of a major addition to an existing residence on property located at 30145/65 Marguerite Drive. The City Clerk reported that notice of this public hearing had been duly published. The City Manager presented the staff recommendation to deny the appeal. Councilman Hughes noted that the name of the applicant in this matter was also Hughes and that he had no relation- ship to the applicant. Representing the applicant was Tim Burrell, who presented aerial pictures of this five acre coastal lot and explained where the addition would be built and the necessary architectural arrangement to connect it to the existing house. Citing several scenarios for the connection of the addition, he requested that the Council overturn the Planning Commission's action limiting the area of addition to the existing residence within the 25 feet coastal structure set -back to no more then 250 square feet. A brief Council discussion took place regarding whether or not a real hardship existed for the additional 80 square feet requested. Councilman Hughes moved, seconded by Councilman Hinchliffe and carried to close the public hearing. RESOLUTION NO. 88 -48 DENYING AN APPEAL OF COASTAL PERMIT NO. 45, GRADING NO. 1098 AND VARIANCE NO. 195 FOR THE APPROVAL OF AN ADDITION TO AN EXISTING RESIDENCE IN THE RS -1, RPD ZONE DISTRICT AT 31045/65 MARGURITE DRIVE was presented by TITLE and adopted on motion of Councilman Hughes, seconded by Councilman McTaggart and carried. -4- JULY 19, 1988 AUDIENCE QUESTIONS: Responding the Mayor' call for audience questions for items not on the agenda was David Anstrim, 6 Santa Bella Road, Rolling Hills Estates, who inquired about a meeting of the Beach Task Force and expressed his concern about the condition of the Abalone Cove Beach area. Lois Larue, 3136 Barkentine Road, read an article from the edition of "Palos Verdes Review" about the filming permit procedure for the City. RECESS AND RECONVENE At 8:45 P.M. the Mayor declared a recess; at 9:00 P.M. the meeting reconvened. CITY COUNCIL REPORTS: REPORT FROM THE LANDSLIDE Councilman Hughes updated the SUBCOMMITTEE (1801) Council on the latest landslide survey data received. In summary he stated the rate of movement has declined significantly, the driving force from the upper slope has been reduced and consequently has reduced the rate of movement. He said that the latest topgraphical map was completed in June and that the next one will be published within 3 months. Explaining that the rocks that once protected the shoreline had been washed out by recent storms, he said it was the intention now to return those rocks to the coast line. Councilman Hughes went on to explain the plume that extends out from the slide area and the effects this has on the sea - life in that area. He said that the subcommittee is now investigating the question of whether the sealife will recover after the plume ceases. HAWTHORNE /GRAYSLAKE Mayor Ryan explained the confusion BLOCKAGE (1583) and traffic blockage resulting from a recent accident at this intersection. Responding to the concern about the blockage was Capt. Dennis Gallard who said that the Sheriff's Dept. would investigate the matter. Relative to the question of accidents, Councilman Hughes explained the process whereby trauma victims are transported to the nearest base hospital and further explained that the enormous liability in the handling of trauma cases has now reduced the number of hospitals participating in treatment of trauma victims. Relative to this matter, Mr. Roy Fulwider, 28219 Hazelridge, related his experience in traffic blockage as a result of accidents on the peninsula. -5- JULY 19, 1988 HAWTHORNE/GRAYSLAKE Explaining the system of a SIGNALIZATION (1503) "permissive' green signal, Mayor Ryan requested that the Public Works Department consider this type of signalization for that intersection. Additional Council discussion resulted in a consensus that staff should.determine the cost of an additional traffic enforcement car at that same intersection. It was agreed that the status.of this car would be reported in the City Manager's Status report. LOW AND NO COST It was the consensus that the MEDIAN MAINTENANCE Public Works Depto would look (1405) into the matter of palm trees, Oleanders and drip irrigation for low cost median maintenance, CURB DEFECT ON MENOMINEE (1503) curb in an uphill area collects water and mud. explained that the curb extended an additional Mayor Ryan explained that the curb on Menominee was rebuilt however a certain section of the was done incorrectly and now it Public Works Director Wentz would be repaired and would be eight feet, MIRALESTE PARKS AND Mayor Ryan reported on his meeting RECREATION DISTRICT with.the Miraleste Parks and (1201) Recreation District and the Board's intention that they would be considering adopting a policy similar to the City's. The City Attorney reported that it appeared that the District does have the power to do that since they control the property within their district. ELIGIBILITY OF MIRALESTE The City Manager reported that in- EMPLOYEES FOR SCJPIA cluding an employee from the INSURANCE (1201) Miraleste park District would not .fall under the guidelines that the person must be an officer, agent or employee of the City. Making the worker an agent would increase the City's exposure to potential liability. In conclusion, he said that the risk associated with offering a park employee insurance through SCJPIA placed the City in a position of increased risk without according it the necessary political and administrative ability to reduce or transfer risk. REPORT FROM THE PUBLIC Councilman Hughes reported that WORKS COMMITTEE this matter would be continued (1204) until after another meeting of the subcommittee. VIEW EMPAIRMENT BY Citing the case whereby people who 6 FOOT WALLS (1804) live downslope of residents and who install walls at their -6- JULY 19, 1988 propertyline thus obstructing the view of that uphill neighbor, the Mayor requested whether the Planning Commission or staff had any resolution to such an situation. The Environmental Services Director responded that recently two letters have been received regarding this type of problem and that they were under review by staff. It was the consensus that the City Attorney and staff should look into this matter to determine how such a situations can be ameliorated. CITY MANAGER REPORTS. Council briefly discussed the status of Council directives. RECESS TO CLOSED SESSION At 10*012 P.M. the meeting AND ADJOURNMENT adjourned to a closed session to discuss a matter of litigation pertaining to the Seacove Undergrounding District and other matters of potential litigation. The meeting reconvened at 11:30 P.M. and immediately adjourned on motion of Councilman Hughes, seconded by Councilman McTaggart and carried. AMMVQM# MAYOR /a -7- JULY 19, 1988