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CC MINS 19880816M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 16, 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, HINCHLIFFE, McTAGGART, AND MAYOR RYAN ABSENT: HUGHES Also present were Acting City Manager and Director of Environmental Services Robert Benard, Public Works Director George Wentz, City Clerk Jo Purcell, Finance Director Kevin Smith and City Attorney Bill Ruddell. WAIVER OF FULL READINGS Councilman McTaggart moved ORDINANCES & RESOLUTIONS seconded by Councilwoman Bacharach 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 Councilwoman Bacharach, seconded by Councilman Hinchliffe and carried. CEREMONIAL MATTER Mayor Ryan presented (304) proclamations to Administrative Assistant /Public Information Officer Cari Cooper and Senior Planner Ann Negendank in recognition of their service and employment with the City. CONSENT CALDENDAR The consent calendar was amended to remove the Public Works Permit fee adjustment report. The consent calendar was approved as follows on motion of Councilwoman Bacharach, seconded by Councilman Hinchliffe. MINUTES Approved the minutes of July 19, and August 2, 1988. WAIVER OF PENALTY Authorized the Director of FEES: (1801) Environmental Services to waive the penalty fees related to the approval of the existing wall and fence in the front yard setback at 29413 Bayend. CITY NEWSLETTER Authorized the City Manager to (1187) execute the proposed agreement between the City and Ms. Barbara Dye for the writing of the City NEWSLETTER. RESOLUTION NO. 88 -50 SPEED LIMITS (1582) CLAIM AGAINST THE CITY BY RONALD LEE FREEMAN (383) STREET TREE POLICY (1407) RESOLUTION NO, 88 -51 REGISTER OF DEMANDS Adopted RESOLUTION NO. 88 -50 ESTABLISHING SPEED LIMITS ON VARIOUS STREETS WITHIN THE CITY OF RANCHO PALOS VERDES. Rejected the claim and directed the City Clerk to notify the claimant. Set adoption of this policy for a Public Hearing on September 6, 1988. Adopted RESOLUTION NO. 88 -51 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. The motion to approve the Consent calendar was carried on the following roll call vote: AYES: BACHARACH, HINCHLIFFE, McTAGGART AND MAYOR RYAN NOES: NONE ABSENT; HUGHES M PUBLIC HEARING: ENVIRONMENTAL ASSESSMENT The Mayor noted that this was NO. 538 - (28041 a continued public hearing HAWTHORNE BLVD., APPLICANT: from the July 19, 1988 meeting. PAUL LUPO) (701 x 1802) Acting City Manager Benard presented the staff recommendations: (1) Amend the proposed development agreement. (2) Approve the final negative declaration for Environmental Assessment No. 538. (3) Introduce the proposed Ordinance IMPLEMENTING DEVELOPMENT AGREEMENT NO. 1 AND ZONE CHANGE NO. 15. (4) Adopt the proposed RESOLUTION IMPLEMENTING GENERAL PLAN AMENDMENT NO. 16. -2- AUGUST 16, 1988 Senior Planner Greg Fuz summarized the Traffic Committee's recommendations to require installation of a median on Granvia Altamira, red curbing on Hawthorne Blvd., and additional directional signage on and off the site. Additionally, the committee suggested that a tire puncture device to prevent inappropriate exiting be considered. It was also the recommendation of the Committee that Mr. Lupo, the applicant, be responsible for his proportional share of these improvements. Mr. Fug noted that the applicant has reviewed this agreement and has agreed to sign it. Council then discussed the effects of the Committee's no "U's turn requirement, the pros and cons of having a median cut so close to a signalized intersection, the effects of the median on traffic flow,. the fact that this agreement provides for the funding of the median and not for its design. Concern was expressed about the possible additional traffic hazards that may result from this median because of its proximity to the signal. A brief discussion then ensued about the adoption of the resolution and the effective date of the proposed ordinances. ORDINANCE NO* 236 OF THE CITY OF RANCHO PALOS VERDES APPROVING ZONE CHANGE NO* 15 was read by title and introduced on motion of Councilman Hinchliffe, seconded by Councilwoman Bacharach. The motion carried on the following roll call vote: AYES: HINCHLIFFE, McTAGGART, AND BACHARACH NOES: MAYOR RYAN ABSENT. HUGHES RESOLUTION NO* 88-52 IMPLEMENTING GENERAL PLAN AMENDMENT NO. 16 was presented by title and adopted contingent upon the adoption of the ordinance. Motion made by Councilman McTaggart, seconded by Councilwoman Bacharach. The motion carried on a 3-1 vote with Mayor Ryan voting in opposition. (Hughes absent.) ORDINANCE N09 237 OF THE CITY OF RANCHO PALOS VERDES APPROVING DEVELOPMENT AGREEMENT NO. 1 was read by title and INTRODUCED on motion of Councilwoman Bacharach, seconded by Councilman Hinchliffe. The motion carried on the following roll call vote: AYES. HINCHLIFFE, BACHARACH, AND McTAGGART 0 NOES* MAYOR RYAN ABSENT: HUGHES VARIANCE NO* 189 APPEAL* The mayor opened the Public LOCATION.* 100 VANDERLIP Hearing on this appeal for a DRIVE (1804) variance at 100 Vanderlip Dr. -3- AUGUST 16, 1988 Acting City Manager Bob Benard stated that the applicant had requested this continuance and that a new notice of the Public Hearing would be published. Councilman . McTaggart moved, seconded by Councilwoman Bacharach and carried to table this matter. CONTINUED BUSINESS. VARIANCE NO* 192 APPEAL The Acting City Manager LOCATION: 26703 BASSWOOD presented the staff AVE. (1804) recommendation to uphold the Planning Commission's decision of April 26, 1988 denying Variance No. 192 Appeal and requiring the applicants to remove the two partially constructed illegal decks, Associate Planner Ben Ortega briefly summarized the analysis as presented in the staff report and in particular the issue of vested rights. He referred to the City Attorney's opinion that no vested right had been established in this matter, that vested rights are applicable only when substantial work has been completed after issuance of a building permit. Since no building permits were issued for the additional decks it was determined that no vested rights existed. Council discussion centered on the issue of administrative error on the building permit. The applicant in this matter, Mrs. Sue Tso, questioned the opinion that no administrative error was made but stated that she was willing to compromise and cut back the decks so they did not extend beyond the concrete pilaster. Councilwoman Bacharach stated that for the record she had not been in attendance at the meeting when this matter was first discussed, however, she has read all of the documents and has visited the site. Council resumed its discussion about the existing pilasters and particularly about the building inspector's letter stating that the permit was issued for 432 square feet of deck and that any other work done was not with the approval of the Building department, Councilwoman Bacharach moved, seconded by Councilman McTaggart to approve the deck in concept with the applicants' design compromise. -4- AUGUST 16, 1988 NEW BUSINESS. VARIANCE N09 188 -APPEAL Acting City Manager Benard pre- LOCATION: 28053 LOBROOK sented the Planning Commission (1804) recommendation to dismiss the appeal thereby upholding the Planning Commission approval of the existing sun deck at the rear of the subject residence. The staff alternative recommendation to uphold the appeal and require the removal fo the deck was also presented. Associate Planner Carolynn Petru summarized the analysis of this variance as presented in the staff memorandum. That analysis indicated that at the April 12, 1988 public hearing the Planning Commission felt that since a site plan review had been approved and building permits finalized for this structure it would be a hardship for the landowner to remove or substantially modify the deck. To address the issue of privacy the Commission placed a condition on the approval to require the landowner to landscape the south side yard and the deck. A lengthy Council discussion then ensued about the construction phases of this project and the inspections and stop work orders that were issued at the various stages of its construction. The homeowner,.Fred Fenger, 28053 Lobrook, stated that the structure was not completed prior to the application for a permit. He alleged that several modifications had been made to the framework on the advice of the City staff. Complicating this issue was the final approval obtained from the City. He went on to explain the wheelchair access and the plans that had been submitted for the landscaping. Council then resumed discussion and in particular about the role of the building inspector in such projects. Also speaking in favor of the deck was Bettylou Fenger, who explained the topography of the immediate area and how their house is lower on one side than on the other. She explained that the deck is at the same level as the house and if it was lowered it could not be used. Also speaking about this project was the contractor William Underhill, 6801 Norris Rd., Bakersfield, CA., who stated he started construction before getting a permit however it was not completed before getting the permit. He stated that he continued to work after the stop order was issued because of safety factors,, He went on to explain the permit and construction process that he has gone through with the City. Objecting to this deck was Hal Strack, 28063 Lobrook, whose home is immediately adjacent to the Fengers. He explained -5- AUGUST 16, 1988 how his privacy has been infringed upon, how has been reduced and how the major plantings installed. He said that the rear deck is the is contrary to the City's codes. He alluded that has been signed by ten residents in the He also explained that no prior notice was g the construction" of the deck. the side deck have been major issue and to the petition neighborhood. iven regarding Council then discussed whether the height of the deck was at issue, if the deck could be cantilevered over the slope, and briefly discussed the administrative error occurring in the process of approval for this deck. Additionally, Council discussed the possibility of shearing the deck back to ameliorate the privacy issue. Councilwoman Bacharach moved, seconded by Councilman McTaggart to continue this matter to September 6, 1988. Motion carried. It was the consensus that this issue should be investigated to see whether the deck would be approved if it had a different kind of support system and did not violate the height issue. RECESS AND RECONVENE At 90937 P.M. the Mayor declared a recess the meeting reconvened at 9:50 P.M. AUDIENCE QUESTIONS, Responding to the Mayor's call for audience questions for items not on the agenda was Lyle Quatrochi, 4002 Exultant, who expressed his concern about the large homes being built between Conqueror and Forrestal on P.V. Dr. South and in particular about the block walls being built around those homes. Council discussion followed regarding the proliferation of houses that are out of character with the neighborhood and appeared to be extremely large for the size of the lots. Staff responded that the issue of lot coverage is being investigated with regard to development standards in the coastal zone for subregions 1, 7, and 8. Also responding to the call for audience questions was Lois Knight LaRue, 3136 Barkentine Road, who, among other things, inquired about the possibility of the City having its own police department and about the sprinkler system at Pt. Vicente Interpretive Center. She also questioned the participation of two Planning Commissioners in discussing the Watt Development and inquired about their possible conflict of interest. Council cited the fact that Commissioner Von Hagen has not been participating in discussion of the Watt Development and, after stating his conflict, has excused himself from discussions of that matter* that Commissioner McNulty stated at the Planning Commission meeting that, as an -6- AUGUST 16, 1988 attorney in private practice, he had employed one of the engineers presently working on the Watt Development. On the issue of Mrs. Ortolano, Council reported that she does not work for the Watt Company. WRITTEN COMMUNICATIONS. MANDATORY TRASH SERVICE The Acting City Manager (1301) presented the staff recommendation to deny the requests from residents who have requested a waiver from Section 8.20.270 of ordinance No. 2290 Administrative Assistant Cari Cooper, summarized the letters received from residents who were requesting a waiver from the mandatory refuse collection* After a brief discussion of the reasons why people would want such a waiver and generally how people can reside in a house and not generate any trash, Councilwoman Bacharach moved, seconded by Mayor Ryan to receive and file these requests. The motion failed on a 2-2 vote with Councilmembers Hinchliffe and McTaggart voting in opposition. It was the consensus that this item be placed on the September 6, 1988 agenda for further discussion. CITY COUNCIL REPORTS* PROGRESS REPORT ON RESTAURANT ODOR CONTROL (1701) the AQMD and County stani sure that they are being report will be presented Responding to the Mayor's in- quiry about progress made on investigation of this matter, staff responded that lards were being investigated to make adhered to within the City. A to Council on this matter. RECYCLING FUND A brief discussion took place (1301) regarding the status of the recycling fund and it was stated that a separate account has been set up for that fund. The possibility of holding a meeting to discuss its use was mentioned but no date was set. CITY MANAGER REPORTS* STATUS OF COUNCIL DIRECTIVES: MEDIAN IMPROVEMENTS* Public Works Director George Wentz presented the August 16 staff memorandum which detailed the cost for maintaining the various kinds of medians within the City. It was the consensus that the Public Works sub- -7- AUGUST 16, 1988 committee (Ryan/Hughes) would take this matter under discussion and present staff with directions* The Council discussed in particular the median on Crest Road and the fact that to install P.V. stone on the ends of the median would cost $56,000 versus Bomaniting the medians. Discussion followed on whether the homeowners associations would be able to participate in sharing the cost of the stone. It was the consensus that staff should contact the homeowners associations to find out the extent to which they could share in the cost of this expense and report back'at the August 30, 1988 meeting, HAWTHORNE/GRAYSLAKE SIGNALIZATION contained an analysis of stated that this matter for a recommendation on green light and would be City Council agenda, DATES FOR COUNCIL/ MANAGER RETREAT (307) Public Works Director Wentz presented the August 16, 1988 staff memorandum which permissive left turn phasing* He would go before the Traffic Committee the placement for such a permissive presented on the September 6, 1988 then meet all day September ADJOURNMENT: ATTEST• TY CLERK It "0* It was the consensus that the Council would meet with the City Manager for a retreat on the night of September 23 and 25th* At 11*010 P.M. the meeting adjourned on motion of Council- woman Bacharach and carried. M�x AUGUST 16, 1988