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CC MINS 19881004M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING OCTOBER 4,,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 Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BACHARACH, McTAGGART, HUGHES, HINCHLIFFE AND MAYOR RYAN Also present were Acting City Manager Robert Benard, City Attorney Steve Dorsey, Public Works Director George Wentz, City Clerk Jo Purcell and Finance Director Kevin Smith. WAIVER OF FULL READINGS Councilman Hughes moved ORDINANCES & RESOLUTIONS seconded by Council 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 Councilwoman Bacharach and carried. CONSENT CALENDAR The Consent Calendar was approved as follows on motion of Councilman Hughes, seconded by Councilman Hinchliffe. MINUTES NARBONNE RIGHT-OF-WAY SETTLEMENT (450 x 1201) MIN45 Approved the minutes of September 20, 198840 Authorized the Mayor to sign the Stipulation for Full Settlement and Waiver and Release. LEGISLATION (306) Supported Proposition No. 85 (State Bond Issue for Library Construction and Renovation) on the November ballot. COMMUNITY LEADER Scheduled Saturday, November 5, BREAKFAST (307) 1988 from 8:00 A.M. to 10:00 A.M. as the date for the Bi- Annual Community Leader Breakfast. FUNDING FOR PORTUGUESE BEND TOE BERM EROSION CONTROL. (1801) Erosion Control Project, RESOLUTION NO. 88 -62 REGISTER OF DEMAND Authorized. the Finance Director to transfer $30,000 to the Redevelopment Agency for completion of the Toe Berm Adopted RESOLUTION 88 -62 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: BACHARACH, McTAGGART, HINCHLIFFE, HUGHES AND MAYOR RYAN (HINCHLIFFE & RYAN ABSTAINED ON THE TRANSFER OF FUNDS FOR THE RDA TOE BERM) NOES: NONE PUBLIC HEARINGS: STREET TREE POLICY Acting City Manager Bob FOR VIEWS (1407) Benard presented the October 4, 1988 staff memorandum and the recommendation that Council receive public testimony on the pruning of street trees for view protection, that the Public Hearing be closed and that the staff be directed to take appropriate action. City Attorney Steve Dorsey summarized the CC &R's from the Miraleste Parks District and how they prohibited the pruning of privately owned trees unless approved by the Palos Verdes Art Jury; trees, however, in City easements could be pruned or removed by the City. Additionally, he went on to explain that how street trees had now been defined in the policy and that he had determined that the City Council could create a subcommittee to consider appeals from the Director's decision on whether a tree is impairing a view. He also explained -2- OCTOBER 4, 1988 that the primary change made to the covenant was to provide a method for the City to extinguish the covenant. Council then discussed the issue of taking a view from the setback and the fact that the policy was originally drafted to take into consideration the view from those outside areas of a home. Councilman Hinchliffe moved, seconded by Councilman McTaggart to make this standard consistent with the Height Variation Ordinance and not protect views in the setback areas. The motion carried unanimously. Continuing with discussion of the policy Councilwoman Bacharach moved, seconded by Councilman McTaggart to increase the notification period from 10 to 30 days. That motion also carried unanimously. It was the consensus that No. 5 in the policy be amended to include the fact that a homeowner has the option whether or not to replace the tree. Trees replaced, however, must be from the official tree list. On the issue of the area governed by the Palos Verdes Homes Association, it was the consensus that the City Attorney would work with the subcommittee (Ryan/Hughes) to further define this point. It was the consensus that this policy could be placed on the November 1st Consent Calendar. Points of concern were reiterated as follows:, view will not be considered from the setback, it can, however, be considered from the outside of the house- the appeal period would be extended to 30 days; the property owner adjacent to the street tree will have the option of whether or not to replace the tree. VARIANCE NOe 189 APPEAL - The Mayor opened up the LOCATION: 100 VANDERLIP DR. Public Hearing on this (1804) application to legalize existing conditions on the Vanderlip Estate. The City Clerk announced that notice of the public hearing had been duly published. Acting City Manager Benard presented the staff memorandum of October 4th and the recommendation that the appeal be denied thereby up- holding the Planning Commission's decision conditionally approving Variance No. 189. Further outlining the background and history of this appeal was Senior Planner Greg Fuz . who summarized the specific conditions that the appellant was seeking to legalize through the variance process. Furthermore, he presented a list of requirements sought by the Fire Department to bring the property into compliance with the Fire Code. These requirements were recently drawn up as a result of the Fire Department's inspection of the site. Council then discussed at length the requirements set out in -3- OCTOBER 4. 1988 the Fire Marshal letter: whether these conditions were normally required in the City- F the inspection of fire r hydrants- r who was responsible for these inspections- if widening the driveway would necessitate the removal of some of the trees; and, if the City had any latitude in dealing with these County fire requirements. Representing the applicant was her attorney Charles Locko, 1901 Avenue of the Stars, Los Angeles, who proceeded to summarize the history of the Vanderlip Estate and Mrs. Vanderlip's acquisition of the additional property. He went on to explain the atmosphere that Mrs. Vanderlip is trying to achieve in the estate and described how some of the units have been modified to bring them into conformance with the City's codes. These modifications have been achieved by removal of some of the kitchens and converting the duplex' units into single family units. Regarding the letter received from the County of Los Angeles Fire Department, Mr. Locko stated that since he had just received it, he was not prepared to address the issues outlined in that letter. With regard to the issue of the wall opposite 99 Vanderlip Dr., he stated his client was willing to cut a hole in that wall to improve the view for Mr. John Vanderlip. Alluding to the City's requirement for a scaled site plan prepared by a licensed surveyor or civil engineer, he questioned the necessity of this since he thought the City already had maps and aerial photos of the area. He then stated his objection to the requirement that the City staff be allowed to enter the property for the purpose of photographing and video taping the exterior of each of the structures in the estate* RECESS AND RECONVENE At 9**19 P.M. the Mayor declared a recess. At 9*-39 P.M. the meeting reconvened. John Vanderlip, 99 Vanderlip Drive, said he was not opposed to the rental units, that he thought the conditions were all necessary, but he was basically interested in the condition of the wall and the scaled site plan review. He was concerned about encroachments which could only be determined through a proper survey. Stating his opposition to the wall, he said that it is a seven foot wall and is supposed to be only 42 inches high. Also, he said that building No. 6 should have a 20 foot setback. Harriet Medve, 29 Sweetbay Rd., gave a brief history of the Vanderlip Estate and said that Mrs. Vanderlip financed the improvement of the estate with the units. She felt that the units are very attractive. Also speaking in support of this -4- OCTOBER 4, 1988 estate was Dave Ruth, 40 Cinnamon Lane, who said he has no objection to the buildings on the Vanderlip Estate. Lois Jester, 49 Narcissa Drive, also spoke in favor of what Mrs. Vanderlip has done. Edward Horton, 85 Vanderlip Drive, said he was also pleased with Mrs. Vanderlip's property. Council then discussed the conditions of the variance and, in particular, which ones they had latitude in revising. The City Attorney stated that the issue was whether or not to grant the variance on a given number of units on the site, and that some of the conditions would be mandatory because of building code requirements and could not be waived. Regarding the requirements of the Fire Department, those conditions would have to be met in accordance with the mandates of the Fire Code. The City Council then proceeded to discuss the conditions for granting this variance: compliance of the cooking facilities that existed in some of these units; how cooking units are generally handled in estate planning; whether the unit that had both cooking and toilet facilities in the same room was in violation of the Health Code; if this unit could be strictly limited as an employee's quarter and not rented out, or if there was a way to bring it into compliance with the Building and Health Code. The following action and amendments were then made to the conditions of the variance: 1. Councilman Hughes moved, seconded by Councilwoman Bacharach, and carried to adopt as presented. 2. It was the consensus that the word "Code" be inserted as follows "...Safety/prevention code requirements...." 3. Approved as presented. 4. Modified to require that construction or development requiring building permits be done in accordance with all applicable City regulations. 5. Approved as presented. 6. Must be coordinated with the conditions listed in No. 1. 7. It determined that this condition was a mandatory requirement and consequently.was approved as presented. 8. Councilman Hinchliffe moved, seconded by Councilman Hughes and carried to delete requirement No. 80 9. This requirement for an irrevocable offer to join a sewer district within 90 days, was also found to be a standard requirement and was approved as presented. 10. Councilman Hughes moved, seconded by Councilwoman Bacharach and carried to amend this to clarify that the irrevocable offers of easements were for drainage and dewatering purposes* 11. This condition was discussed at length and whether the wall could be brought into compliance through a Minor -5- OCTOBER 4. 1988 Exception Permit or through the conditions of this variance. It was the consensus that the wall be brought into compliance as outlined in the condition of the variance. 12. The submittal of an agreement stating that all conditions are understood and agreed to was modified to allow 30 days for the final variance approval. 13. The requirement for the scaled site plan was approved as presented, however, staff was directed to prepare a statement as to the accuracy to which the plan must be drawn. 14. Staff entry on the site for videotaping purposes, was also approved as submitted. Council then discussed the fact that the whole concept of this variance was based upon having the Estate comply with the one unit per acre zoning. That this variance approval was conditioned upon all of the property being held as one, the number of acres to be maintained at its present size and that all of the units would have to be maintained to assure that the property could not be sold off. Additionally, that the number of units would have to be reduced if a parcel map is applied for. It was the consensus that staff would insert an additional condition to the variance outlining that restriction, Councilwoman Bacharach moved, seconded by Councilman McTaggart to continue the public hearing to November 1st for the purpose of discussing the changes made to the conditions but not for the purpose of hearing additional public testimony on the merits of the projects. Councilwoman Bacharach moved, seconded by Councilman Hughes and carried unanimously to approve as amended in concept and thereby deny the appeal, AUDIENCE QUESTIONS: Responding to the Mayor's call for audience questions for items not on the agenda was Dana Carrier, 6406 West Seal Point Rd., who related to the Council the conditions existing in that area because the street is used as a turn around for RTD buses. She explained that the buses are left idling and this results in noise and fumes. Public Works Director George Wentz said that staff is reviewing this situation to determine the alternatives available for the turn around of RTD buses. It was the consensus that this item of the RTD turn around be listed on the City Manager's Status of Council Directives* NUISANCE ABATEMENT AT Acting City Manager Benard 2509 COLT ROAD (1701) stated that Environmental Services staff and -6- OCTOBER 4. 1985 Building Official had inspected the site of this nuisance and it was determined that corrective action to abate it had been completed. The only remaining item that needed to be completed was the submittal of a final compaction report by Mr. Salmonson's Civil Engineer and that the graded slope be planted for erosion control. It was staff's opinion that these matters could be resolved without the need to proceed further with the abatement process. Councilwoman Bacharach moved, seconded by Councilman Hughes to cease the abatement process. The motion carried unanimously, HEIGHT VARIANCE Acting City Manager Benard pre - NO. 529 APPEAL (1800 sented the amended staff report which recommended that the appeal be denied thereby approving the proposed second story addition using massing scheme No. 4 with a modified roof pitch of 3:12, (At this time Councilman McTaggart excused himself from Council discussion of this item) Associate Planner Carolynn Petru explained the difference between schemes 3 and 4 and summarized the resulting effects of these differences: No. 3 moves it closer to the appellant's property and, No. 4 would move the project more in line with the original application. Mike Boukeart, 29016 Maplepark Drive, said that he went to Mr. Hudson's home to inspect the plans. He requested that the City Council not approve the height variation but if they did he was in agreement with Scheme No. 4. With that plan the height was the lowest of all the schemes, the second story would be further away from his home, and he requested that if No. 4 was approved that no additional extension be allowed on the back of the property. Beatrice Rasof, 28845 Briarhurst, rejected Scheme No. 1 and recommended that a restriction be placed on building over the Hudson's patio. She then explained her objections to Scheme No. 4. Also objecting to this variance was Emil DePortimo, 28845 Briarhurst, who explained how this would effect both his view and that of his neighbor. John McTaggart, 6916 Purpleridge, commended Mr. Hudson for considering all of the alternatives and said he was in agreement with Scheme No. 4. The applicant in this matter James Hudson, 29010 Maplepark Drive, said that Scheme No. 1 was his preference and that he would remove the chimney and place it at the east end of the house. He disliked the aesthetics of Scheme No. 3 pointing out that it would change the pitch of the addition. He also said that he would like to have the option of building an extension onto his livingroom at some time. -7- OCTOBER 4. 1988 Council then proceeded to discuss the proposed schemes and in particular the features of Scheme Nos. 1 and 4 and the effects of moving the chimney as proposed by Mr. Hudson. A motion by Councilwoman Bacharach, seconded by Councilman Hinchliffe to approve Scheme No. 1 failed on a 2-2 vote with Councilmen Ryan and Hughes voting in opposition. Continued discussion of the schemes resulted in Councilman Hinchliffe moving, seconded by Mayor Ryan to approve Scheme No. 4 with no balcony on the north side of the house and no restriction on building in the backyard and that the trees be removed. The motion carried with Councilman Hughes voting in opposition. (Councilman McTaggart then resumed his seat at the council table.) PUBLIC WORKS CONTRACT The Council subcommittee WITH CHARLES ABBOTT ASSOC. (Ryan/Hughes) reviewed their FOR FY 1988-89 (1204) recommendations that the 150 administrative fee on all subcontracts be deleted and that a cap of $68.25 per hour be placed on the Director of Public Works position, Council then proceeded to discuss if the Director's hours would be reduced, whether the scheduling of inspections could be arranged to accommodate scheduling them specifically for the morning or the afternoon. The question then arose whether such a schedule was indeed practical. It was the consensus that staff would look into this situation to see if the procedures could be improved, Councilman Hughes moved, seconded by Councilman Hinchliffe to approve the contract with the deletion of the finder's fee. The motion carried on the following roll call vote: AYES: BACHARACH, HUGHES, HINCHLIFFE AND MAYOR RYAN NOES* McTAGGART TRAIL EASEMENT FOR Acting City Manager Benard 7061 CREST ROAD (701) x (450) presented the October 4th staff memorandum and the recommendation to require an irrevocable offer to dedicate a pedestrian trail easement on the subject property. That easement would be either in the configuration recommended by the Trails Committee or as recommended by the staff as a condition of approval for a new single family residence. Barbara Dye, a member of the Trails Committee, spoke in favor of the Committee's recommendation. Also speaking in favor of the trail was Stan Wilker, 7121 Avenida Altisma. Dr. Friend, 7061 Crest Road, said a fence has been across the easement for the past two and half years so it has not -8- OCTOBER 4. 1988 been used. He questioned whether the trail should be run across the eastern side of his property and explained to the Council the process that he has gone through in obtaining approval for a building permit to build a home on the property adjacent to this proposed easement. He voiced his concern about his inability to get a building permit because of this easement restriction. In response to Council's inquiry the City Attorney said that the course being taken by the City in acquiring this ease- ment is a normal procedure. Representing the Trails Committee was Jean Longacre, who said there was a lot of public interest in this trail and said that the only disagreement she had with the trail was its location. Council then discussed why the Trails Committee wanted a pedestrian easement along this trail, the width of this easement, and whether a fence would be allowed over the easement. Councilwoman Bacharach moved, seconded by Council- man Hughes to adopt the Trails Committee recommendation with the understanding that the staff find out the requirements and work with the applicant on the details of the restrictions over the easement. The motion carried unanimously,, REFUSE COLLECTION Public Work Director Wentz (1301) presented the October 4th memorandum and the amended recommendation that the Council authorize in concept staff proceeding with the preparation of an agreement similar to what has been prepared for Area 1. He stated that staff needs additional time to work with Shubin and Waste Management to structure a formal reasonable agreement. Staff recommended that the subcommittee (Ryan/Bacharach) consider holding a Town Hall meeting to discuss this with interested residents. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to table this and ask the subcommittee to schedule such a Town Hall meeting* The motion carried unanimously. It was the consensus that notification of this Town Hall meeting be put on the messenger board on Cable TV. CITY COUNCIL REPORTS. SCHEDULING OF PLANNING Councilwoman Bacharach suggested that consideration be given to supplying the City Council with reports on Planning issues that will be coming to the City Council for review and discussion a few weeks before they are scheduled for City Council action. She felt that this would give the Council members time to visit the project sites. It was the -9- OCTOBER 4. 1988 consensus that staff would attempt to identify on the City Manager's Status Report those items that would be scheduled in the near future on City Council agendas. GEOTECHNICAL REPORTS Mayor Ryan presented his report on geotechnical investigations with the recommendation that reconsideration be given to the necessity in requiring geotechnical investigations in areas where no distress in the surrounding structures have been experienced and the building is not over a slope. Responding to Council's inquiry was David Baird, Building Official, who said that these investigations are required on all new buildings and tracts. Council then discussed who makes the decision on the requirement for these reports, how the Canyon boundary is determined, and if this is a requirement of the Uniform Building Code. It was the consensus that staff would review the difference between the State and the County Uniform Building Code and bring the issue back to Council. SOUTH BAY CORRIDOR Referring to the letter STEERING COMMITTEE (1505) in the agenda, Councilwoman Bacharach explained that it will be going to all Cities in the South Bay and that it explains the fact that while they may be losing a little local control over the operation of taxicabs the trade off is for more uniform standards in performance and that it would also promote competition amongst the taxicab companies. It was the consensus of Council to lend their support to this concept. CTIP (1505) Councilwoman Bacharach explained that the City of Torrance will now be the lead agency for this program, and that the first official steering meeting will be on November 7, 1988 and that the Memo Of Understanding will be presented to the City Council on November 1st for eventual presentation to that Steering Committee. CITY MANAGER REPORTS: STATUS OF COUNCIL It was the consensus of Council DIRECTIVES that an item be added to this report for the City Council, Planning Commission and Committees field trip. Also, that the Committees and Commissions should be requested to submit their suggestions for the agenda for that meeting. -10- OCTOBER 4. 1988 EMERGENCY PREPAREDNESS (401) SECOND MEETING IN OCTOBER (307) Councilman Hinchliffe moved, seconded by Councilman Hughes and carried unanimously to receive and file this report. It was the consensus that this meeting could be cancelled because of the annual conference in San Diego. AGENDA FOR CITY MANAGER It was the consensus that the CITY COUNCIL RETREAT (307) subcommittee of Bacharach and Ryan meet with the City Manager to devise an agenda for the retreat. ADJOURNMENT At 1:10 A.M. the meeting adjourned to October 14, 1988 at 7.-00 P.M. on motion of Councilman Hughes, seconded by Councilman McTaggart and carried. ATTEST: -11- OCTOBER 4, 1988