Loading...
CC MINS 19880906M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING SEPTEMBER 6, 1988 The meeting was called to order at 7:38 P.M. by Mayor Robert E. Ryan at Hesse park Community Park, 29381 Hawthorne Blvd. After Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BACHARACH, McTAGGART, HUGHES, HINCHLIFFE AND MAYOR RYAN ABSENT: NONE 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, Finance Director Kevin Smith. WAIVER OF FULL READINGS Councilwoman Bacharach moved ORDINANCES & 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, 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 McTaggart, seconded by Councilman Hinchliffe and carried. CEREMONIAL MATTER Mayor Ryan presented a letter of commendation to P.V. Transit Driver Gordon Wheeler for service to the Community. CONSENT CALENDAR The Consent Calendar was amended to remove Ord. No. 236 APPROVING ZONE CHANGE NO. 15 and Ord. No. 237 APPROVING DEVELOPMENT AGREEMENT NO. 1 to September 28, 1988 agenda. Also removed was the Lifeguard Service Contract with L.A. County. The consent calendar was approved as follows on motion of Councilman Hughes, seconded by Councilman Hinchliffe. MINUTES Approved the minutes of August 16, 1988. RESOLUTION NO. 88 -53 REGISTER OF DEMAND TIMES MIRROR CABLE TELEVISION LEASE FOR LADERA LINDA (605) TRACT NO. 37060 SANITARY SEWER & MONUMENTATION IMPROVEMENTS (1411) performance securities and the developer and surety. RESOLUTION No. 88 -54 SB821 BICYCLE FUND (112) Adopted RESOLUTION 88 -53 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. Authorized the Mayor and City Clerk to sign the proposed lease. Accepted the sanitary sewer and monumentation improvements as complete, released the monumentation improvements as complete, released the faithful directed the City Clerk to notify approving the adoption of the Approved RESOLUTION NO. 88 -54 APPROVING THE APPLICATION FOR SB821 BICYCLE FUNDS and Bicycle Plan. COMPLETION OF SIDEWALK (1) Accepted the completed work REPAIR PROGRAM (1405) on the FY 87 -88 Sidewalk Repair Program by Raymor Electric Inc. at a total cost of $91,633.12. (2) Directed the City Clerk to file a Notice of Completion,and notify the surety, to exonerate the contract bonds. (3) Directed the Finance Director to release the retention if no claims are filed against the contractor in the allowable time period. PURCHASE OF RESCUE CRAFT FOR ABALONE COVE BEACH. (1201) ABALONE COVE BEACH PARKING FEE (1201) Authorized expenditure of $8,500 for purchase of a rescue craft, motor and trailer. Approved increasing the parking lot fee at Abalone Cove Beach to $4.00. ROCKINGHORSE SEWER (1) Adopted RESOL. 88 -55 AMEND - ASSESSMENT DISTRICT ING RESOL. 88 -3. (2) Adopted (901) RESOL. 88 -55 APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH THE ROCKINGHORSE SEWER ASSESSMENT DISTRICT AND APPOINTING A TIME AND PLACE FOR THE PROTEST; (3) Approved and directed the City Clerk to file the Plans and Specifications; (4) Directed the City Clerk to file the Notice of Exemption; and (5) Directed the City Clerk to endorse the district map and file the map in the office of the County Recorder. -2- SEPTEMBER 6, 1988 The motion to approve the Consent Calendar carried on the following roll call vote. AYES. BACHARACHr HINCHLIFFE, McTAGGART AND MAYOR RYAN NOES* NONE PUBLIC HEARING* STREET TREE POLICY The Mayor opened up the Public (1407) Hearing on.the issue of the proposed street tree policy. The City Clerk announced that the public hearing had been duly published. City Manager McDuffie gave a brief summary of the action taken to date by the City Council in their con- sideration of the pruning and/or removal of street trees for protection of view. Council briefly discussed the option that homeowners have for replacing trees removed, and inquired if there was any other decision that was not appealable beyond the staff level. Responding to the Mayor's call for public testimony were the following: Warren Sweetnam, representing the Rancho Palos Verdes Council of Homeowners Associations Mrs Sweetnam read a prepared statement outlining the position that Association took with regard to the Tree Policy (That statement is on file with the City Clerk's office) Norman Taylor, 5752 Sunmist, who expressed his concern about the landscaping at the Island View Development and how it is blocking his view. He said it was in violation of the approved landscaping plan for that project. Staff responded by informing Mr. Taylor that a letter has been written to the developer of that project advising him that indeed the landscaping plan was not in compliance with what had been approved* It was the consensus that staff would send a copy of that letter to Mr. Taylor. Cheryl Caughlin, 6412 Via Canada, told the Council that the proposed policy was not applicable to the Miraleste area because they are governed by the Palos Verdes Homes Association and are prohibited from cutting down any trees in the Miraleste area. A brief discussion ensued about the Miraleste restrictions and it was the consensus that the City Attorney would review the proposed policy with the Miraleste restriction in mind. Additional participants in the Public Hearing were Janet Esposito, 6276 Via Canada, who objected to the removal of trees on City or on private property* She suggested that trees be pruned at the expense of the neighbor requesting -3- SEPTEMBER 6, 1988 the removal. Dr. Anthony George, 4104 Exultant Drive, expressed his support for the proposed policy. Tom Stolpman, 4120 Lorraine Road, representing the Miraleste Parks District opposed the policy because, among other things, the staff decisions were not appealable, that the policy should be more selective in dealing with the various sizes and shapes of trees, and questioned the covenant running in perpetuity. Ben Karmelich, 19 La Vista Verde, told the Council about how his view has been blocked by neighbors' trees. Lyle Quatrochi, 4002 Exultant Drive, commended the City Council on their efforts to establish a view protection policy. Patricia Kukel, 30605 Rue Langlois, felt that the policy was ambiguous and suggested more continuity in the terminology. Council then proceeded to discuss the various aspects of the proposed policy: if there was a working definition of street trees, the City standard notification period, whether the view should be considered from setbacks, and what would happen in the case whereby, after implementation of this policy, the City decided to discontinue its use. Additional discussion took place regarding the required replacement of trees, the appeal process and whether it should be appealable to the City Council or to a Council subcommittee. The question of alienation of property and how that issue could be dealt with in the policy was also discussed. Whether a Council subcommittee could be authorized to make decisions that were appealed to them was the next item of concern and, in particular, if it would be in violation of the Brown Act, In conclusion it was the consensus that the City Attorney would prepare a revised draft taking into consideration all of these issues- the Miraleste CC&R's, alienation of property rights, whether the setback could be considered as a viewing point, and if a Council subcommittee could be authorized as a board of appeal on these tree issues. The City Attorney will present that draft to the Council subcommittee on trees (Mayor Ryan, Councilman Hughes) and the matter will be brought back to the October 4, 1988 meeting. It was then moved by Councilwoman Bacharach, seconded by Councilman Hughes to continue this public hearing to October 4, 1988. The motion carried unanimously. RECESS AND RECONVENE At 9-015 P.M. the Mayor declared a recess. The meeting re- convened at 9:29 F.M. -4- SEPTEMBER 6. 1988 AUDIENCE QUESTIONS Jeanne Smolley, 56 Limetree, inquired about the City's acquisition of drainage easements and the use and plans the City had for these easements. Staff responded that the technical panel had requested these easements for future drainage projects. Roy Fulwider, 28291 Hazelridge inquired about code restrictions upon contractors and, in particular, about vehicle storage at the City Hall site. (Later on in the meeting Mrs. Kukel, inquired about the maintenance of the curve at Palos Verdes Drive West and in particular the manhole in that area. She also inquired whether a pedestrian walkway was planned for the ocean side of Palos Verdes Drive South. VIEW INITATIVE The City Manager presented ELECTION DATES (501) the September 6th memorandum and a schedule for possible election dates for the view initative matter. After a brief discussion of the costs for the election, Councilman Hughes moved, seconded by Councilman Hinchliffe to place the view initative on the regular general municipal election scheduled for November, 1989. The motion carried on a 3-2 vote with Bacharach and McTaggart voting in opposition. NUISANCE ABATEMENT - The City Manager presented the 2509 COLT ROAD (1804) September 6th memorandum and reported that as a result of the City Attorney's discussions with Mr. Salmonson's rep- resentative, a geotechnical consultant has begun preparation of a plan for the elimination of the nuisance on Mr. Salmonson's property. Senior Planner Greg Fuz, briefed the Council on his visit to the site and his discussions with Mr. Salmonson's attorney and soil engineer and summarized his updated staff report which detailed the two alternatives for curing this situation. Representing Mr.-Salmonson was his attorney Major Langer, who said that his client disputes the fact that his grading has caused failure of the slope. He has submitted a plan to the City's Building and Safety Department and requested that this item be continued to the next agenda. Discussion then took place on proceeding with the abatement order versus Mr* Salmonson's voluntary compliance with the request to abate the nuisance. Councilman Hughes moved, seconded by Councilman McTaggart to continue this matter -5- SEPTEMBER 6. 1988 until the next meeting, direct that a grading permit be obtained and that work be commenced on abating the nuisance, and that the status of the work be reviewed at the next meeting, James Crowell, representing Dr. & Mrs. Barry told the Council that this would meet the needs of his client. Dan Bowling, 2625 Colt Rd., told the Council that he was the subdivider for the area on which the Barry and Salmonson homes are built. He explained the drainage system for the area and said that Mr. Barry was now using the drain as a bench to enlarge his property. Council then discussed if the Building and Safety Department had investigated Mr. Bowling's allegations. It was the consensus that staff should investigate Mr. Bowling's plans pertaining to the drainage system in the area. The motion carried unanimously. LANDSLIDE MORATORIUM The City Manager presented the EXEMPTION NO. #20 staff memorandum of September (1801) 6th which outlined the rec- ommendations under which this proposed exemption could be approved. (1) Submit a Geology Study subject to approval by the City Geologist. (2) Obtain a site plan approval from the Director of Environmental Services. (3) Obtain an applicable Building Division permits. (4) No plumbing fixtures shall be a part of this approval. (5) A temporary easement for roof drains, and easements for sewer and associated drainage shall be provided and approved by the Department of Public works. (6) Prior to issuance of Building division permits, the owner shall record an irrevocable offer of easements along Narcissa Drive. (7) Prior to issuance of Building Division permit, the owner shall submit a "Hold Harmless" agreement to the City for review and recordation. Councilwoman Bacharach moved, seconded by Councilman McTaggart and carried to approve the staff recommendation. MANDATORY TRASH SERVICE The City Manger presented the (1301) staff memorandum and the re- ommendation that the Council deny the request from residents who wish a waiver from section 8.20.270 of Ordinance No. 229. Mr. Chang Liu, 30158 Avenida Esplendida, told the Council that he does not generate any trash at his home: his gardener hauls away the clippings, his house cleaners take away the trash and consequently he has no trash to be picked up by the hauler. -6- SEPTEMBER 6. 1988 Discussion then followed regarding the survey that was conducted wherein 15 Cities in the area were contacted and it was learned that 13 of them have mandatory trash service, also the fact that the trash taken away from private homes is frequently illegally dumped elsewhere in the City. Councilwoman Bacharach moved, seconded by Mayor Ryan to approve the staff recommendation. The motion carried on a 4-1 vote with Councilman McTaggart voting in opposition. BUS SHELTERS The City Manager presented the (1505) staff memorandum and the rec- ommendation to approve the design for eleven bus shelters. The Public Works Director presented a sketch of the proposed bus shelters and stated it would have some kind of a shake or tile roof. Also that it would have a bench that would accommodate four people. Councilwoman Bacharach moved, seconded by Councilwoman Hughes to approve the staff recommendation with the amendment that a prototype of the shelter be delivered before being built. Motion carried unanimously. VARIANCE NO* 188 APPEAL The City Manager presented the (1804) staff memorandum containing the Planning Commission's rec- ommendation to deny the appeal thereby upholding the Planning Commission approval of the existing sun deck at the rear of the residence and the staff recommendation to consider alternatives and direct staff as appropriate. Council discussed whether the supports for this deck had met seismic standards. For the record, Councilman Hughes stated he has reviewed the tape and read the minutes of the last meeting and was prepared to participate in the discussion of this item. Fredrick Fenger, 28053 Lobrook, questioned the administrative error and stated his belief that the deck was not in violation of any City Codes and, to the contrary, felt it was in total compliance with the City requirements* Hal Strack, 29063 Lobrook, who lives immediately adjacent to the project, described how his privacy has been infringed upon by the extended deck and also that his view of the South Bay is somewhat impeded by the recently planted landscaping. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to uphold the Planning Commission's decision based upon administrative error and deny the appeal. The motion carried on the following roll call vote: -7- SEPTEMBER 6. 1988 AYES: BACHARACH, HINCHLIFFE AND HUGHES NOES: McTAGGART AND MAYOR RYAN ITEMS REMOVED FROM THE CONSENT CALENDAR VARIANCE NO. 192 APPEAL Planning Director Benard (1804) referred the Council to revised Exhibit A stating that he felt it was appropriate to reduce the size of the deck consequently reducing the intrusion into the canyon by the deck. He also noted the applicant's objection to this reduction. Council then discussed the findings in the proposed resolution and whether the appeal should be granted on an administrative error instead of the proposed findings. It was the consensus that the resolution be revised and that it be placed on the next consent calendar. CITY COUNCIL REPORTS: TAX ELECTION (501) ( Bacharach , Hinchl if f e ) date for a tax election. stronger case for a tax residents and possibly a present resources should PALOS VERDE DR. SOUTH BUMP Councilwoman Bacharach reported on the sub - committee meeting to discuss the next possible The subcommittte concluded that a would have to be presented to the revised CIP program based upon the be prepared. Palos Verdes Dr. South at CITY MANAGER REPORTS: Mayor Ryan reported on the poor condition of the temporary patch on a trench dug across Golden Cove, STATUS OF COUNCIL It was t DIRECTIVES that the ness memorandum be sent to the Traffic information and that a work session be 29, 1988 with them and other personnel emergency preparedness, he consensus of Council emergency preparded- Committee for their scheduled for November for the discussion of PARKING AT PENINSULA Council briefly discussed the CENTER Rolling Hills High School parking situation and the necessity of meeting with Sierra Management to discuss possible use of the Peninsula Center parking lot for the overflow parking. Council then discussed the parking situation at the Center and it was the consensus that perhaps the Chamber of Commerce could be approached on this matter. CREST ROAD MEDIAN Public Works Director Wentz reported that he had talked -8- SEPTEMBER 6, 1988 with three homeowner associations and they expressed an interest in participating in improving the median on Crest Road. He stated he would like to set up a joint meeting with the homeowners and discuss further options for the median. RECESS TO CLOSED SESSION discuss threatened litiga date on the Henriksen, et Verdes. At 1:00 A.M. the taken. MIN42 At 12:00 A.M. the Council recessed to a closed session to Lion and to give the Council an up- al vs. the City of Rancho Palos meeting reconvened with no action MAY -9- SEPTEMBER 6, 1988