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CC MINS 19880920M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING SEPTEMBER 20, 1988 The meeting was called to order at 7:38 P.M. by Mayor Robert E. Ryan at Hesse Park Community Center, 29381 Hawthorne Blvd. After the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: McTAGGART., HUGHES, HINCHLIFFE AND MAYOR RYAN ABSENT: BACHARACH 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. CEREMONIAL MATTER Mayor Ryan presented a (304) proclamation to Earl Weinstein in appreciation and recognition of his contribution to the City and to the community at large in video taping Peninsula events. In further recognition of his work, Mr. Weinstein was then presented with a video camera by Steve Fowler on behalf of Dimension Cable Television. WAIVER OF FULL READINGS Councilman Hughes 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 Hughes, seconded by Councilman Hinchliffe and carried. CONSENT CALENDAR The consent calendar was amended to remove the Equestrian Trail Easement to the end of the meeting. The Consent Calendar as amended as approved as follows on motion of Councilman Hughes, seconded by Councilman Hinchliffe. MINUTES Approved the minutes of August 30 and September 6, 1988. PENINSULA SYMPHONY ASSOC. REQUEST FOR FUNDS (385) FEE WAIVER REQUEST - PENALTY FEES ON HEIGHT VARIATION NO. 566 (1203) RESOL. NO. 88 -57 VARIANCE NO. 192 APPEAL (1804) Authorized the expenditure of $608.08. Approved the request to waive the fees at 28703 Mt. Lassen. Adopted Resol. No. 88 -57 APPROVING VARIANCE NO. 192 APPEAL AT 26703 BASSWOOD AVE. ORDINANCE NO. 236 Adopted Ordinance No. 236 APPROVING ZONE CHANGE APPROVING ZONE CHANGE NO. 15. NO. 15 (781) (Ordinance was introduced at 8/16/88 meeting.) ORDINANCE NO. 237 Adopted Ordinance No. 237 APPROVING DEVELOPMENT APPROVING DEVELOPMENT AGREEMENT NO. 1. (781) NO. 1. (Ordinance was introduced at the 8/16/88 meeting.) ROCKINGHORSE SEWER Adopted Resol. 88 -58 APPROVING ASSESSMENT DISTRICT THE ENGINEER'S REPORT IN (901) CONNECTION WITH THE ROCKING - HORSE SEWER ASSESSMENT DISTRICT AND APPOINTING A TIME AND PLACE FOR HEARING PROTEST, THEREBY REPEALING RESOLUTION 88 -56, RESURFACING PROJECT FOR VARIOUS STREETS (1484) the City clerk to file surety to exonerate the Director to release the against the contractor (1) Accepted completed work on resurfacing project by Copp Contracting, Inc. (2) Directed a Notice of Completion and notify the bonds. (3) Directed the Finance retention if no claims are filed in the allowable time period. APPROVAL OF COMPLETED (1) Accepted the work as REPAIRS TO POINT VICENTE completed by Cancino and Sons, INTERPRETIVE CENTER AND Inc. at a total cost of PARKING LOT (1281) $175,789.92. (2) Directed the City Clerk to file a Notice of Completion and notify the surety to exonerate the contract bonds 30 days after the notice has been recorded. (3) Directed the Finance Director to release the retention if no claims have been filed against the contractor within the allowable time period. ADOPTION OF FY 1988 -89 Adopted Fiscal Year 88 -89 goals DISADVANTAGE BUSINESS of 12% DBE participation of ENTERPRISE (DBE) (681) federally funded projects. (2) -2- SEPTEMBER 20, 1988 Directed the City Clerk to advertise these goals for comments and post them at City Hall for a period of 30 days. RESOLUTION NO. 88 -59 Adopted RESOLUTION NO. 88 -59 REGISTER OF DEMANDS ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: HUGHES, HINCHLIFFE, McTAGGART AND MAYOR HUGHES. NOES: NONE ABSENT:BACHARACH PUBLIC HEARINGS: REGIONAL HOUSING NEEDS The Mayor opened up the (701) public hearing for discussion of the Southern California Association of Government Regional Housing Needs Assessment. The City Clerk reported that notice of the hearing had been duly published. City Manager McDuffie summarized the September 20, 1988 staff memorandum and the staff recommendation that Council adopt the proposed resolution informing the Southern California Association of Governments (SCAG) of the City's intention to revise the Regional Housing Needs Assessment (RHNA) for Rancho Palos Verdes. A further summary of this matter was presented by Environmental Services Director Benard who described the City's housing stock and SCAG's projection of build -out through the year 1994. Council discussion then included concerns about the accuracy of the SCAG projections, the fact that they do not realistically apply to this region, and that local government has very little input into the SCAG method of determining these projections. RESOLUTION NO. 88 -60 INFORMING THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS OF RANCHO PALOS VERDES INTENTION To REVISE THE REGIONAL HOUSING NEEDS ASSESSMENT was PRESENTED by title and ADOPTED on motion of Councilman McTaggart, seconded by Councilman Hinchliffe and carried. PUBLIC WORKS PERMIT FEES The Mayor opened up the public (1204) hearing on this proposal to adjust the Public Works Department permit fees. The City Clerk reported that notice -3- SEPTEMBER 20, 1988 of the hearing had been duly published. City Manager McDuffie presented an amended staff recommendation that this item be continued to November 1, 1988. Councilman McTaggart so moved, seconded by Councilman Hughes and carried. CONTINUED BUSINESS: NUISANCE ABATEMENT 25'09 COLT ROAD (1701) NEW BUSINESS. HEIGHT VARIATION NO* 529 (1801) adopt the proposed resolution Councilman Hinchliffe moved, seconded by Councilman Hughes to continue this matter to October 4, 1988. The City Manager presented the September 20th staff memorandum and the recommendation to denying the appeal, Councilman McTaggart excused himself from participating in the discussion of this item as a councilmember. The City Attorney explained that Councilman McTaggart lives immediately behind the proposed project and although there is no financial impact resulting to him from this proposed pro- ject, Mr. McTaggart did want to testify on this item as a private citizen. Further clarification of the view issue in this matter was presented by Associate Planner Carolynn Petru. In responding to Council inquiry about view impact and the effects of this project on the privacy of surrounding residents, Ms. Petru stated that it was staff's opinion that the encroachment was very minor. The applicant in this matter, James Hudson, 29010 Maple Park Drive explained to the Council the current size of his home and the features of the proposed addition. He stated that the project was planned to minimize the view obstruction of his neighbors. Speaking in opposition to this project were the following residents.- Marlene and Emile Bouckaert, 29016 Maple Park Dr.; Beatrice Rasof, 28845 Briarhurst; Emil DePortimo, 28845 Briarhurst; Carolyn Crowder, 28853 Briarhurst; and Councilman John Co McTaggart, 6916 Purpleridge Drive. These neighbors expressed opposition to the project based upon their concern about loss of view, the cumulative impact of this project on future view loss, and questioned if the project was situated to minimize its impact upon the surrounding neighbors. The City Clerk reported that protest letters were also received from Mr. K.F. Lee, 29010 Maple Park Drive and Thomas Parker, 28903 Briarhurst Drive. -4- SEPTEMBER 20, 1988 Rebutting some of the comments made by the opponents, Mr. Hudson said he felt that there was no view protection for the Bouckaerts as their view was blocked by a 16 foot structure; however, Mrs. Rasof has a panoramic view and this project would only have a minor impact on that view. The applicant's designer, Josette Auletta, 18340 Falla Ave., Torrance, summarized the design process for this addition and explained how she kept this house in scale with the rest of the neighborhood. A lengthy discussion then ensued about the possible design alternatives for this project, how the view of the neighbors could be protected and the effects of the step-down feature of these lots on a 16 foot building versus the effect on a lot at an identical level. of major concern to the Council was whether the structure was located to minimize the view impact. Councilman Hinchliffe moved, seconded by Councilman Hughes that the staff meet with the applicant within the next week and go over the issues again to see if there are any design alternatives that might reduce the impacts identified in the Council discussion* additionally, that an updated view analysis be prepared and that the whole matter be brought back to the City Council on October 4, 1988. Council reminded the public that no further public notice would be published on this and that the matter was being continued to the October 4th meeting. RECESS AND RECONVENE At 9:45 P.M. the Mayor declared a recess. At 10-005 P.M. the meeting reconvened. AUDIENCE QUESTIONS. Responding to the Mayor's call for items not on the agenda was Lyle Quatrochi, 4002 Exultant Drive, who explained to the Council the damage to sewer lines resulting from Canary Island Pines in the parkway in his neighborhood. He further explained his conversation with a representative of the Water Company and how this is a continuing problem. Staff assured the Council that when tree species are recommended the problem of root invasion into pipes is considered. HEIGHT VARIATION NOe 530 The City Manager presented the APPEAL. (1801) September 20th staff memorandum and the recommendation to adopt the proposed resolution denying the appeal. Planning Director Benard explained how the original applicant for this addition was requested to relocate the entire structure along the side of the existing house. Dermot McGettigan the appellant, told the Council that he has -5- SEPTEMBER 20, 1988 just moved in to the neighborhood and that the previous continuances were granted to the prior owner of his home as well as himself. He requested that no side variance be approved and requested that the structure be moved to the north. Associate Planner Carolynn Petru explained the results of moving the structure to the north side and how it impacted the view of other neighbors. The applicant in this matter, Mr. Carl Maruya, 2066 Trudie, explained the process that he has gone through with this application. He said that analysis have already been done to locate the structure elsewhere on the existing house. Council then inquired whether a survey had been performed on Mr. Maruya's property, whether the plot plan had been checked to verify the location of the garage, and the impact of changing the position of the gable on the proposed structure. RESOLUTION No. 88 -61 DENYING THE APPEAL OF HEIGHT VARIATION NO. 530 THEREBY APPROVING THE PROJECT AT 2066 TRUDIE DRIVE was read by title and ADOPTED on motion of Councilman Hughes, seconded by Councilman Hinchliffe. The motion carried on a 3 -1 vote with Councilman McTaggart abstaining. DEVELOPMENT CODE The City Manager presented the AMENDMENT INITIATION - September 20th staff memorandum FENCES, WALLS AND HEDGES9 and the recommendations as (1801) follows: (1) initiate a Development Code Amendment to study issues related to obstructions of views by proposed existing solid fences, walls and hedges. (2) Direct the Building Official to incorporate permit requirements for free standing walls into the upcoming building code revision. Council briefly discussed the difference between walls and retaining walls, the conflicting requirement of swimming pool fences versus walls around the perimeter of property, and how walls on terraced lots can be placed to avoid obstruction of views. Council requested that staff provide them with copies of ordinances from other cities dealing with these issues. Speaking in favor of this amendment was George Fink, 32353 Searaven, who expressed his concern about the code allowing retaining walls to be built on terraced lots. Councilman Hinchliffe moved, seconded by Councilman McTaggart and carried to approve the staff recommendation. CITY COUNCIL REPORTS; LACTC ENDORSEMENT Councilman McTaggart moved, seconded by Councilman -6- SEPTEMBER 20, 1988 Hinchliffe and carried to endorse Councilwoman Bacharach's renomination to the LA County Transportation Commission. SHERIFF'S RESPONSE Representing the Sheriff's Station was Lt. Bolinger who responded to Council inquiries about the Sheriff's response time to an accident occurring on Palos Verdes Drive West. Lt. Bolinger explained that two patrol cars were already manning a injury traffic accident, three patrol cars were booking prisoners and the one remaining car was checking out a burglary alarm which turned out to be a false alarm. Council requested a recording or transcript of the call in for the accident. SCHOOL DISTRICT SUB- A brief Council discussion took COMMITTEE PARCEL TAX place regarding the Mayor's letter to a Mrs. Mehta about the School District Board's vote not to put the parcel tax on an election. It was clarified that the Mayor's letter did not purport to be the Council's position on this matter. IV CITY MANAGER REPORTS. EXECUTIVE SESSION SCHEDULE City Manager McDuffie presented the September 20th memorandum and his recommendation that the Council consider a policy of conducting executive sessions at 6:30 P.M. prior to the start of a regular City Council Meeting. It was the consensus of Council to adopt such a policy. OCTOBER CITY COUNCIL It was the consensus of Council MEETING DATES to hold the City Manager retreat on October 14, and 15 1988. Because of the League of California Cities' conference would be meeting on Tuesday, October 18th, it was the consensus that because a majority of the Council would be attending that conference and that the City Council meeting for that date should be cancelled. STATUS OF COUNCIL No changes were made to the DIRECTIVES Status report as presented in the agenda packet. COURT DECISIONS ON The City Manager presented the PROPOSITION 62 September 20th staff report I summarizing the Court of Appeals' decision declaring Proposition 62 to be unconstitutional* The City Attorney summarized the appeal process that this -7- SEPTEMBER 20, 1988 decision may take. A brief discussion then followed on the alternatives available for continuing or discontinuing the utilities tax considering this court decision, Finance Director Smith summarized the effects of AB90 and the revenue that the City can expect to earn from this legislation. ITEMS REMOVED FROM THE CONSENT CALENDAR. EQUESTRIAN TRAIL EASEMENT Representing the Rancho Palos (1201 x 701) Verdes Council of Homeowner's was Warren Sweetnam who inquired about the effects of this irrevocable offer of dedication for the Equestrian Trail Easement. After clarification of the reasons and the necessity for such an offer Councilman Hinchliffe moved, seconded by Councilman McTaggart and carried to adopt the staff recommendation, RECESS TO A CLOSED SESSION At 11-445 P.M. the meeting AND RECONVENE recessed to a closed session for discussion of the Narbonne Right of Way, the people versus Salmonson, and potential litigation. On an action that the City might be considering filing. The motion was made by Councilman Hughes, seconded by Councilman McTaggart and carried. At 1*000 A.M. the meeting reconvened and adjourned to 6:30 P.M. on October 4, 1988 on motion of Councilman McTaggart, seconded by Councilman Hinchliffe and carried. M -A,. &Y UR ATTEST: -8- SEPTEMBER 20, 1988