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CC MINS 19881101M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 1, 1988 The meeting was called to order at 7.-54 P.M. by Mayor Robert E. Ryan at Hesse Park Community Center, 29301 Hawthorne Blvd. Roll call was answered as follows. PRESENT.* BACHARACH, McTAGGART, HUGHES, HINCHLIFFE AND MAYOR RYAN 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) Ceremonial Proclamation to visiting students from the LICEO SCIENTIFICO di MAIORANA, LATINA, ITALY, in recogni- tion of their enthusiastic participation and dedication as members of the Student Exchange Program. 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 After addition of two items, Council review of Planning issues and the Blythewood project, the agenda was approved on motion of Councilwoman Bacharach, seconded by Councilman Hinchliffe and carried. CONSENT CALENDAR The consent calendar was amended to remove the Street Tree Policy to be discussed as the first item of business. The Consent Calendar as amended as approved as follows on motion of Councilman Hughes, seconded by Councilman Hinchliffe and carried. MINUTES Approved the minutes of October 4th adjourned meeting, October 4th regular meeting, October 14 and 15th adjourned regular meetings and October 18, 1988 regular meeting. PUBLIC WORKS CONTRACT Approved the employment of SERVICES AND REQUEST FOR Byron Woosley for consulting PROPOSAL PREPARATION services for the Public Works (1204) contract and request for proposal (RFP) for a sum not to exceed $10,000 from the General Fund Reserves. NANCY ROAD UTILITY ADOPTED RESOL. N09 88 -63 UNDERGROUNDING DISTRICT INSTITUTING PROCEEDINGS, RESOL. NO. 88 -63 (901) AND DIRECTING PREPARATION OF A RESOLUTION OF INTENTION FOR THE CONVERSION OF EXISTING OVERHEAD ELECTRIC AND COMMUNICATION FACILITIES IN THE AREA BOUND BY NANCY ROAD, LORRAINE ROAD AND MIRALESTE DRIVE, AND OTHER RIGHTS -OF -WAY. SLOPE EASEMENT VACATION Approved vacating that portion LOCATION - 2443 SUNNYSIDE of the slope easement for RIDGE ROAD (450) Narbonne Avenue located within the Southerly 180 feet of Lot 21, Tract No. 20429, within the City of Rancho Palos Verdes. NATIONAL LEGAL INSTITUTE Authorized the Recreation & (1201) Parks Director's attendance at the National Legal Institute in Chicago, Ill. on December 7 & 8, 1988. APPROVAL OF HANDICAPPED (1) Accepted the work as PARKING LOT AT RANCHO PALOS complete for the handicapped VERDES PARK. (1201) parking lot at RPV in the amount of $16,109.45. (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 30 days after the notice has been recorded if no claims have been filed against the contractor during that period. TRACT NO. 44515 - REDUCTION Approved a reduction in the OF BOND SECURITY REQUIREMENT bond security requirements from (1411) $3,448.073 to $1,241,600. 1989 HOLIDAY SCHEDULE Adopted the recommended. (1202) schedule for 1989. RADAR SPEED STUDIES FOR ADOPTED RESOL. No. 88 -64 CERTAIN STREETS - RESOL. ESTABLISHING SPEED LIMITS ON NO. 88 -64 (1502) VARIOUS STREET WITHIN THE CITY AND DIRECTED THE CITY CLERK TO SEND CERTIFIED COPIES TO THE SHERIFF'S STATION. -2- NOVEMBER 1, 1988 COMMUTER TRANSPORTATION Authorized the Mayor and City IMPLEMENTATION PLAN (CTIP) Clerk to sign an agreement with (1505) the City of Torrance (Lead Agency) and member cities for the implementation and administration of CTIP. RESOLUTION NO. 88 -65 ADOPTED RESOLUTION N0. 88 -65 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. BACHARACH, McTAGGART, HUGHES, HINCHLIFFE AND MAYOR RYAN NOES: NONE STREET TREE POLICY (1407) Albert Schoenfield, 6502 Verde Ridge Road, inquired about the effect of this tree policy on trees in Hesse Park that block his view. It was his contention that the approved land- scaping plan had not been followed and that trees substituted in that plan were blocking his view. Additionally, he inquired about who would bear the cost for removing these trees. It was the consensus that Mr. Schoenfield should provide the City Manager with a copy of the 1982 landscaping plan and that perhaps an amendment to the policy should be made to address cases of trees in City parks that block view. Councilman Hughes moved, seconded by Counc adopt the recommended policy regarding the moval of street trees for view protection. carried unanimously. It was the consensus prepare a fee schedule for adoption at the meeting. ilman McTaggart to pruning and/or re- The motion that staff would November 15, 1988 VARIANCE No. 189 APPEAL - Mayor Ryan reminded the 100 VANDERLIP DRIVE (1804) audience that this was a continued public hearing and that the testimony should be limited to changes made in the conditions only and not on the merits of the project. Council then proceeded to discuss the conditions of approval for the proposed resolution: in particular they were concerned about the following issues: the scale for the required site plan and whether the photograph proposed to be used for its preparation was adequate. It was concluded that since the survey would be performed by a licensed surveyor that it would determined by the surveyor if that photograph was adequate for preparation of the site plan. -3- NOVEMBER 1. 1988 Councilwoman Bacharach moved, seconded by Councilman McTaggart and carried that condition No. 12 should be changed as follows, 12. Submit a surveyed dimensioned site plan at a scale of ill= 50 ft.. approved by a licensed surveyor or civil engineer, showing all structures and property lines, within 90 days of variance approval. The next item of concern was the requirement for roof gutters: since they have been required on other projects in this area it was the consensus that the final resolution contain a requirement for roof gutters. John Vanderlip, 99 Vanderlip Drive, presented pictures of screens and fencing adjacent to Unit #6 on this property and again expressed his opposition to the seven foot wall. Discussion followed on Condition No. 10. and whether that required the wall to be brought into conformance or if it allowed the applicant to get a variance to maintain it at its present height. The City Attorney opined that there was no relief from that condition and indeed the wall would have to be brought into conformity with the building code. Speaking in support of the Vanderlip Estate were the following residents of the area: Mary Louise Robinson, 100 Vanderlip Drive* Eileen O'Donnell* Steven Traugh, 100 Vanderlip Drive; and Betty Field, 10 West Pomegranate. These speakers talked about the uniqueness of the estate and in particular about the staircases in some of the cottages. They also recommended that the seven foot wall remain and described its necessity in maintaining security for the area. Speaking in opposition to the wall was Suzanne Vanderlip, 99 Vanderlip Drive, who questioned if it was essential for security. The applicant in this matter, Mrs. Elin Vanderlip, 100 Vanderlip Drive, reiterated the necessity of the wall for security reasons and requested that the kitchen in the gardener's quarters be allowed to stay, Councilman Hinchliffe moved, seconded by Councilman Hughes and carried to close the public hearing. Council discussion then ensued regarding the procedure whereby the wall would be brought into conformance and reduced to 42 inches with allowable extension to 6 foot provided it was 90% light and air. -4- NOVEMBER 1. 1988 It was the consensus that item No. 10 of the conditions be amended to read as follows: 10. Bring the wall opposite 99 Vanderlip Drive into compliance with all applicable Building and Development Code provisions or apply for a Minor Exception Permit within 90 days of the variance approval. If the Minor Exception Permit is denied the applicant shall bring the wall into compliance with all applicable building and Development Code provisions within 90 days of said denial. Discussion then resumed regarding the uniqueness of the staircases and how other jurisdictions adjudicate such issues. The suggestion was made that perhaps the City could form an appeal board which would be composed of licensed contractors, architects and other individuals who have experience in the building field to determine if features such as this staircase could be sanctioned by the City. The City Attorney opined that such a board could be established and that the staircase could be considered by them for relief from the Building Code. Considering the extent of the changes made to the proposed conditions of approval, it was the consensus that staff should prepare another resolution to include these changes and that it be placed on the Consent Calendar for the November 15, 1988 Council meeting. Responding to the Council's inquiry about continued public testimony on this item, the City attorney opined that since the Public Hearing was now closed and if the item is placed on the Consent Calendar that no additional public testimony could be taken on the issue unless a new Public Hearing was set. Mrs. Vanderlip again inquired about the cooking facilities in the gardener's shack, and it was the consensus that the unit would have to brought into compliance with the Building Code and after such compliance the applicant could then apply for a variance. RECESS AND RECONVENE At 9:25 P.M. the Mayor declared a recess. At 9:45 the meeting reconvened. AUDIENCE QUESTIONS: Rollin Sturgeon, 5456 Bayend Road, referred to an ordinance adopted by the City of Palos Verdes Estates prohibiting second story additions to maintain the compatability in neighborhoods. He went on to explain the difference between compatability versus view protection and requested that the City Council give consideration to adoption of such an ordinance. -5- NOVEMBER 1, 1988 Lois Knight Larue, 3136 Barkentine, presented pictures of the cracks that were to be repaired at the Pt. Vicente Interpretative Center and pictures of what she felt was evidence of a new landslide, 0 TENTATIVE TRACT MAP NO. The Mayor opened up the Public 45667 - WATT DEVELOPMENT Hearing on this Tract Map and (1411) Conditional Use Permit. The City Clerk reported that notice had been duly published. City Manager McDuffie presented the staff memorandum of November 1st and the recommendation to certify the Environmental Impact Report No. 28 and Approve Tentative Tract Map No. 45667 and deny Conditional Use Permit No. 130 Appeal and Grading No. 1061 Appeal. City Council discussion included inquiries about the following: the amount of the Dedication Fee* the various street improvements along P.V. South that would be funded from that Dedication Fee and whether the word "should" could be interpreted as voluntary or mandatory in the conditions listed for approval. Of concern also was the filling of the ravines; if this was in violation of the General Plan; if alternative designs had been considered for the roadways and the lot configurations; and, whether staff had considered other designs to obviate this filling. The issue of zoning for the tract and the fact that part of it was zoned R-S1 and another R-S 3 was the next item of discussion and in particular the issue of lot coverage and setback requirements. Representing the City's Geologist, Robert Stone and Associates, was Michael Scullin, who explained to the Council that his company has reviewed the developer's geological reports. He stated he thought it was possible to provide the buttressing for the proposed project by filling the ravine in as proposed. He went to explain the possible stabilizing effort of filling in the ravine on the rest of the land. Responding to a Council question regarding drainage, he said that site drainage had been proposed for the area. He further explained that this particular area could have localized failure whether or not it was developed. Replying to a question about what might be the cause of failure, he stated that either water and/or an earthquake could be the impetus. Larry Schmidt, 3330 Palos Verdes Drive West, representing Watt Palos Verdes told the Council that the original plans had a 15% street grade, and that they had also submitted a plan to Stone which considered buttressing of the area instead of the filling of the ravines. He went on to say that they have lowered the street grades down to 10% in an attempt to reduce the grading and to meet City guidelines. He further stated that he thought the -6- NOVEMBER 1. 1988 R-Sl and R-S2 zoning would be acceptable, and was concerned that the Council was recommending only half of the density. If some of the units are deleted, he thought that the size of some of the lots should be increased. Also representing the Watt Company was their attorney Tim Burrell, who 'stated his objection to reducing the number of lots and also requiring increasing the setbacks. Stating that this project was a hybrid of R-S 1 and R-S 2, he said that this project meets the R-S 1 minimum requirement for separating houses. The Watt Company planner for this project, Edward Pearson, 4184 Maritime Road, Rancho Palos Verdes, explained how this plan was the best approach for the use of the land* that it was an RPD layout and looked very much like the other developments in the City; that the issues to be resolved were the lot width and the location of the streets. He suggested that instead of filling the canyon that buttressing could be used instead.. Additional comments between Mr. Pearson and the Council dealt with how the roads interfaced with Palos Verdes Drive South and the steepness of the streets. Representing the Trails Committee was Barbara Dye, who explained the proposed Trails for this project. Stating that this was part of the Loop Trail system she said that this would be a multi-purpose trail's Speaking in opposition to this project was Phillip Robertson, 3205 Barkentine Road, who represented the Abalone Homeowners' Association* and Lois Knight Larue, 3136 Barkentine Rd. Both of these residents objected to the density, the lot size and were concerned about some of the hydrological issues. Ms. Larue presented her evaluation of American Geotechnical's geological report and Stone's evaluation of that report. Sunshine, 6 Limetree, listed some of the concerns of the Palos Verdes Horsemen's Association and presented a map of their proposed trails for this area. Council requested that staff get copies of this plan for their review. Jean Longacre, 6 Martingale Dr., referred to her letter of August 6th which she requested be included in the EIR. She questioned the 5 year limitation on the irrevocable offer to dedicate the trail easement and questioned the adequacy of the EIR when dealing with the issue of trails. Responding to the concern about the recordation of the trails, staff stated that the Trail System would indeed be recorded in the final EIR document. Council resumed discussion of some of the critical issues such as deleting certain lots, preserving setbacks, more -7- NOVEMBER 1. 1988 adequate representation of the Trail System, maintenance of maximum 10% grades on the streets, and reduction of lot density. It was the consensus that the developer meet with the Director of Environmental Service to discuss these issues. Council McTaggart moved, seconded by Councilman Hinchliffe and carried to continue this item to the November 15th meeting. RECESS AND RECONVENE At 12-035 A.M. the Mayor declared a brief recess. At 12:46 the meeting reconvened. TRACT MAP N09 46422 AND ENVIRONMENTAL ASSESSMENT 5554 (1411) reported that notice had been presented the staff report of recommendation to approve the the environmental assessment tract map No. 46422, The Mayor opened up the Public Hearing on this proposed seven lot single family residential subdivision. The City Clerk duly given. The City Manager November lst and the final negative declaration for No. 5554 and approve tentative Council then proceeded to discuss the conditions of this tentative tract. Mayor Ryan moved, seconded by Councilman Hughes and carried to delete the requirement for street lights. Concern was expressed about the deposits for road improvements and staff responded that the City will be requiring a cash deposit. There being no response to the Mayor's call for public testimoney, Councilwoman Bacharach moved, seconded by Councilman Hughes to close the Public Hearing. The motion carried. Councilman Bacharach moved, seconded by Councilman McTaggart to adopt the staff recommendations with the following changes.* All references to Director of Planning be changed to Dr. of Environmental Services; All references to Fire Chief be changed to Fire Dept. That Environmental Services Condition No. 12 - Extreme Slopes - be changed to require that driveway slopes to individual homes conform to the Development Code; that street lights be removed, that a cash deposit be required for road developments, and that Environmental Services Condition No. 6 be amended to direct the Director of Environmental Services to bring before the Council any request to abandon the utility bridle trail easement. Resolutions No. 88-66 CERTIFYING ENVIRONMENTAL ASSESSMENT NOe 554 AND APPROVING TENTATIVE TRACT MAP NO* 46422 was read by title and adopted on motion of Councilwoman Bacharach, seconded by Councilman Hughes and carried. -8- NOVEMBER 1. 1988 RESOL* NO* 88-67 The Mayor declared the Public PUBLIC WORKS PERMIT hearing opened, notice of FEES (1204) publication was announced by the City Clerk. City Manager McDuffie presented the staff report of November 1st and the recommendation to adopt the proposed resolution establishing Public Works permit fees. There being no response to the Mayor's call for public testimony, he declared the public hearing closed. RESOL* NO* 88-67 ESTABLISHING PUBLIC WORKS PERMIT FEES was read by title and ADOPTED on motion of Councilman Hinchliffe, seconded by Councilman Hughes and carried. REFUSE COLLECTION. (1301) This item was tabled until the November 15th meeting. MORATORIUM EXEMPTION NO* The City Manager presented the 21 - LOCATION 92 YACHT staff memorandum of November HARBOR (1801) 1st and the recommendations as follows: 1) Submit a Geology report subject to the approval of the City Geologist and comply with any recommendations. 2) Control roof run-off in a contained system to street or drainage course. 3) Correct lot drainage deficiencies (if any) per field in- spection by the Building Division. 4) Obtain Planning approval for the deck, including a Minor Exception Permit, Extreme slope permit, and Coastal permit. 5) Obtain applicable Building Division permits. 6) This exemption shall be void after 360 days unless an application for a building permit is submitted. 7) Submit a "Hold Harmless" agreement prior to issuance of a building permit for the deck. Councilwoman Bacharach moved, seconded by Councilman Hughes to adopt the staff recommendations. The motion carried on a 3-1-1 vote with Councilman Hinchliffe abstaining and Councilman McTaggart voting no. CITY COUNCIL REPORTS* REPORT ON REGIONAL SHERIFF This item was tabled until the November 5, 1988 meeting. COUNCIL REVIEW OF PLANNING This item was also tabled until ISSUES the November 15, 1988 meeting. BLYTHEWOOD PROJECT (1701) Environmental Services Director Benard reported that nuisance abatement process has been initiated by the City. -9- NOVEMBER 1. 1988 CITY MANAGER REPORTS: The City Manager presented his report of November 1st and the recommendation that the December 6th meeting of the City Council be adjourned to December 15th. Councilwoman Bacharach so moved, seconded by Mayor Ryan and carried. STATUS OF COUNCIL A brief discussion ensued about REPORTS the status of the Traffic Car Analysis, the Sanitation District Site. ADJOURNMENT At 1-410 A.M. the meeting adjourned to November 5th at 8:00 A.M. for a Community Leader Breakfast, ATTEST: MAYOA -10- NOVEMBER 1, 1988