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CC MINS 19870407M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL 7, 1987 The meeting was called to order at 7:30 P.M. by Mayor Pro Tem Bob Ryan at the Hesse Park Community Center, 29 301 Hawthorne Boulevard. After the Pledge of Allegiance to the Flag, roll call was answered as follows: PRESENT: BACHARACH, HINCHLIFFE , McTAGGART , AND MAYOR PRO TEM RYAN LATE ARRIVAL: MAYOR HUGHES @ 8:00 P.M. Also present were City Manager Dennis W. McDuffie, Finance Director Kevin N. Smith, City Attorney Steve Dorsey, Director of Environmental Services Robert Benard, City Clerk Jo Purcell, and Public Works Director George Wentz. WAIVER OF FULL READING OF Councilwoman Bacharach moved, sec - ORDINANCES & RESOLUTIONS onded by Councilman McTaggart 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 resolu- tion. APPROVAL OF AGENDA The City Clerk announced the follow- ing additions: Report on trip to Washington, D.C., report on Postal Agreement, and parking situation on Hawthorne Boulevard and Crest Road. The agenda as amended was approved on motion of Councilwoman Bacharach , seconded by Councilman Hinchliffe and carried. CONSENT CALENDAR The City Clerk announced that the following items were deleted from the Consent Calendar: Claim against the City by Lloyd and Gena Gaspar. The Consent Calendar was approved as follows on motion of Councilman Mc- Taggart, seconded by Councilman Hinchliffe . 707CP /MIN6.1 MINUTES Approved the minutes of February 21, 1987 as amended and the minutes of March 17, 19870 LEGISLATION Supported SB585, reimbursement for (30&) Federally Mandated Costs; SB1231, introduced by Senator Beverly per- taining to killer whales; opposed SB512, amendments to sign ordinance and authorize staff to inform our representatives of our position. GUIDELINES FOR MARINELAND Adopted the general development (1804) guidelines for the Marineland site. CLAIMS AGAINST THE CITY Rejected the following claims and (303) directed the City Clerk to notify the claimants of the City Council's action: Gregory Curtis Heinsger, Matthew William Hill, County of Los Angeles, BICENTENNIAL COMMUNITY Authorized staff to apply to the (305) State of California Commission on the Bicentennial of the U.S. Consti- tution and become a Bicentennial Community, PARATR.ANSIT GRANT PROGRAM Approved an application to the Los (1505) Angeles County Transportation com- mission for a Subregional Paratran- sit Grant for Palos Verdes Transit and Peninsula Dial-A.-Ride. RESOLUTION N0. 87 -15 - REGISTER ADOPTED RESOLUTION N0. 87 -15 ALLOW - OF DEMANDS ING 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, HINCHLIFFE, McTAGGART, AND RYAN NOES: NONE ABSENT: HUGHES 707CP /MIN6.1 -2 -2- April 7, 1987 PUBLIC HEARING LA VISTA VERDE IMPROVEMENT DISTRICT NO. 8 - RESOLUTION NO. 87 -16 PROPOSING CERTAIN CHANGES TO THE ENGINEERS REPORT (901) Mayor Hughes opened the public hear- ing on this undergrounding district. The City Clerk reported that notice had been duly given. City Manager McDu f f ie presented the April 7, 1987 staff memorandum. Responding to the Mayor's call for public testimony was Robert Ferguson, 301 East Colorado Boulevard, who was representing Reinhold Grassl, owner of Parcel No. 1 in the Assessment District. Mr. Ferguson presented a document containing his objections to including the Reinhold parcel in this dis- trict. The document containing those objections are on file with the City Clerk's office. His objections were based on the fact that he felt this parcel will not receive substantial benefit, assessment will result in gross injustice, and inclusion is the result of a demonstrable mistake, the proposed district raised significant and sensitive environmental questions requiring review and analysis. He felt that inclusion of this parcel would result in inverse condemnation and was unreasonnable. Also representing the property owner was Robert Caso, 600 East Ocean Boulevard, Long Beach, who presented a drawing proposing installation of a sewage pump station for a single family home. Citing the geography of the parcel in question and the fact that Mr. Grassl now has an agreement from Mrs. Rafferty, an adjacent property owner, conveying an easement across her property, he requested consideration of inclusion on future or other systems in lieu of being in- cluded in the district. Also expressing his objection to inclusion in the District was the property owner Reinhold Grassl, 1346 Cota Avenue, Long Beach who requested that the District be formed in a different manner and questioned the fact that he had once been taken off and was then later in- cluded in the district again. He requested that consideration be given to his proposal since it would be less costly and was more suitable to the character of the lot, Speaking in favor of including Parcel No. 1 in the District was Mervyn Tarlow, 21 La Vista Verde, owner of Parcel No. 4. Mr. Tarlow urged adop- tion of the proposed resolution and the District as presented. There being no further response to the Mayor's call for public testimony, he declared the hearing closed. (Later in the meeting this motion was withdrawn and the public hearing kept open.) Council then discussed the elevation of the lot, whether the easement pro - posed could be used to accommodate a connection, how the availability of this easement affected the proposed district, and if its availability would accommodate going ahead with the district and not jeopardizing construction costs and schedule. City Attorney Bill Ruddell stated that adoption of the resolution presented would set May 5, 1987 as the date for hearing on this matter and would authorize the Public Works Department to give appropriate notice. He recommended that this hearing be continued to May 5, 1987 and be consolidated with the May 5, 1987 hearing. Councilwoman Bacharach so moved, seconded by Councilman McTaggart and carried. She then also moved, seconded by Councilman McTaggart and carried to secure a verification of the easement on the Raferty property and written evidence of the easement 707CP /MIN6.1.2 -3- April 7, 1987 on Mr. Grassl's property. RESOLUTION NO, 87 -16 CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES PROPOSING CERTAIN CHANGES TO BE MADE TO THE ENGINEER'S REPORT PREPARED IN CONNECTION WITH PROPOSED RANCHO PALOS VERDES IMPROVEMENT DISTRICT NO. 8 AND APPOINTING A TIME AND PLACE FOR HEARING OBJECTIONS TO SUCH CHANGES was presented by title and ADOPTED on motion of Councilwoman Bacharach, seconded by Councilman Hinchliffe and carried, HEIGHT VARIATION N0. 470 - APPEAL City Manager McDuffie presented the (1804 ) April 7, 1987 staff memorandum and the Planning- Commission recommenda- tion to dismiss the appeal thereby denying the project. Staff recommended granting the Height Variation No. 470 - Appeal thereby approving the project. Speaking in favor of the appeal were the following residents: Kathy Bartz, 3936 Admirable; Rose Beckowitz, 3943 Admirable Drive; Bruce Burrell, 846 West 21st Street, the designer of the project; Brad Adams, 3716 Hightide Drive; Richard Grotz, 3720 Hightide; Susan Brooks, 3914 Corinna Drive; Marlene and Van Barbieri, 3933 Admirable Drive; and Barry Zilin, 4245 Admirable Drive. The proponents of this appeal presented pictures showing the effects of this project on views; presented a petition signed by resi- dents in the neighborhood; cited the fact that this updating of the home would be good for the entire neighborhood. The designer (Bruce Burrell) said that the proposed design had the least view impact and that there was no cumulative view impact resulting from it. One proponent said that the major threat to views in this neighborhood was caused by the trees. (At 8:55 P.M. Mayor Hughes arrived at the meeting.) Considering the hour and the remaining testimony to be given, it was the consensus of Council to hear audience questions at this point. AUDIENCE QUESTIONS: SACRED COVE (1201) Council meeting. The Mayor responded on it and it will be reported on at a RECESS AND RECONVENE Inquiring about the conditions at Sacred Cove was Daphne Clarke, 10 Peppertree Drive, She inquired if any action had been taken regarding the matter reported at a previous that a subcommittee has been working later meeting. At 9:00 P.M. the Mayor declared a recess. At 9:15 P.M. the meeting reconvened. Discussion of the Height Variation resumed with the following residents speaking in opposition to the project: Naomi Phillips, 2834 Calle Aven- tura, representing the Rancho Palos Verdes Council of Homeowners; Sid Croft, attorney for the Board of Directors of Seaview Homeowners Associa- 707CP /MIN6.1 -2 -4- April 7, 1987 tion, 210 Avenue I. Redondo Beach; Lyle Quatrochi, 4002 Exultant Drive; Dr. Anthony George, 4104 Exultant Drive; Michael and Louise Shipman, 3948 Ad- mirable Drive; Steve Peres tam, 4032 Exultant Drive; Walt Watson, 3938 Ex- ultant Drive; and David Potter, 4014 Exultant Drive. Naomi Phillips pre- sented a prepared resolution on behalf of the Homeowners Council, that res- olution is on file with the City Clerk's office. The concerns of those op- posing the project dealt with whether or not this project met the standards of the height ordinance, if it significantly impaired their views, the fact that 79% of the homeowners in the area had signed petitions against the project, that this is a low density, low rise neighborhood, and that a two- story home might affect the privacy of adjacent neighbors. Speaking in rebuttal, the applicant Bill Bartz, questioned the loss of any significant ocean view by this addition and said that it was being kept at the 24 foot level instead of the allowable 30 foot height. The attorney for those in opposition, Mr. Sid Croft, said that the peti- tions were filed by the people most directly impacted by the proposed pro- ject, and requested that the City Council consider the facts and apply the standards of the ordinance. Responding to the Council's inquiry about alternative designs for the pro- ject, Mr. Burrell summarized the other concepts that were considered but found not to be acceptable. Council then went on to discuss whether other alternatives for this project had indeed been reviewed, whether a height variation was necessary, if a condition should be placed on the Bartz property prohibiting further addi- tions and balconies, and if some of the Bartz trees should be deed re- stricted to a certain height. In response to the Mayor's inquiry about his ability to vote on this issue since he was absent from the first part of the discussion, the City Attor- ney opined that there was no impediment to the Mayor's participation. Councilwoman Bacharach moved, seconded by Councilman McTaggart to have staff prepare a resolution approving Height Variation No. 470 with three conditions: (1) that no further height variation be allowed on the remain- der of the property; ( 2) no balcony be allowed in the back portion of the house; and (3) that the city trees in front of the subject property be re- moved and not allowed to remain when the City's Tree Removal Program reaches that neighborhood. A brief discussion ensued regarding the Tree Program in that neighborhood and the potential of view blockage resulting from the Canary Island in the area. During discussion of the tree issue it was disclosed that there are 30 trees in the neighborhood on City parkways and that 12 are scheduled for removal, Councilman Ryan proposed an amendment to include a fourth condition to deed restrict the height of all vegetation on the subject property to the height of the existing eaves except for the existing Palm tree. The maker and second accepted the amendment. 707CP /MIN6.1 -2 -5- April 7, 1987 The motion to approve the project carried on a 4 -1 vote with Councilman Hinchliffe voting in opposition. RECESS AND RECONVENE VARIANCE NO. 149 - APPEAL (1804) At 10:43 P.M. the Mayor declared a recess. At 10:55 P.M. the meeting reconvened. City Manager McDuffie presented the April 7, 1987 staff memorandum and the recommendation to affirm the Planning Commission's denial of this variance and dismiss the appeal. Representing the applicants in this case was their architect Will Nieves, 2453 Via Campesina. Mr. Nieves said that the property is on an extreme slope, distributed copies of a drawing showing the extension of the recrea- tion room, and said staying on the more level portion of the land will min- imize the view impact for the neighbors. Also, the owner is willing to sign a covenant that will prevent future building on the property. Speaking in opposition to the project was Julia McLoud, 29870 Knollview Drive, who lives directly behind this property and has a petition signed by twelve people in the immediate area supporting the denial of the variance because of view blockage, Councilwoman Bacharach moved, seconded by Councilman Ryan to send this mat- ter back to the Planning Commission. A brief discussion ensued on whether the evidence presented at the meeting would change the staff's recommen- dation on this matter, whether additional footings would have to be built, the square footage of the existing house and of the proposed addition. During additional discussion of the matter it was revealed that the pro- posed addition is separate from the main house and could be considered a separate unit and the slope under the deck is 35 %. Council inquired if a permit had been issued for the deck and although one was issued, it was unclear if that permit was for the existing deck. The motion to send this matter to the Planning Commission failed on a 2 -3 vote with Councilmen Hughes, Hinchliffe and McTaggart voting in opposition. RESOLUTION NO. 86 -17 DENYING THE APPEAL OF VARIANCE NO. 149 AT 4401 PALOS VERDES DRIVE EAST THEREBY DENYING THE PROJECT, was presented by title and ADOPTED on motion of Councilman Hinchliffe, seconded by Councilman McTaggart and carried, KLONDIKE CANYON GEOLOGIC HAZARD ABATEMENT DISTRICT - APPROVAL OF RESOLUTIONS OF INTENTION (1801) City Manager McDuffie referred to the April 1, 1987 letter from the Klondike Canyon Geologic Hazard Abatement District and their request to obtain Council approval for the Resolutions of Intention prior to the adoption by that board. These 707CP /MIN691 -2 -6- April 7, 1987 resolutions dealt with the construction of a small pipeline in the Klondike Canyon area. Councilwoman Bacharach moved, seconded by Councilman McTag- gart to approve the District's request. The motion carried on a 4 -0 -1 vote with Councilman Hinchliffe abstaining. COUNCIL COMMITTEE REPORTS: Trails Committee - Proclamation for Trails Days (1201) - Councilwoman Bacharach moved, seconded by Councilman McTaggart and carried to receive and file this request from the Trails Committee to support a resolution for claiming April 24 -25 , 1987 as California Trails Days. Report on Lobbying Efforts on HR6 — Mayor Hughes reported on the trip to Washington, D.C. where he appeared before a House Subcommittee and request- ed funding to carry out the Shoreline Erosion Control Study. He was also able to meet with representative Glenn Anderson and with staff members of other Congressional representatives on the Appropriations Committee. It is expected that this Bill will come up some time next month. Parking on Hawthorne Boulevard at Crest Road for Gelson's Market - The Mayor reported that since the employees for Gelson's market are parking on the street it is creating a traffic problem at the intersection of Crest and Hawthorne. He has requested staff to send a letter to Gelson's and plans to send a letter to the Mayor of Rolling Hills Estates to work out some alternative to this parking problem. Discussion of Postal Agreement - The Mayor reported that he had met with the Post Office representatives to discuss the zip code problem with mail in the 90732 area. The Post Office has re- programmed their computers and they will accept mail addressed to 90277, 90732 and 90717 as mail for the City of Rancho Palos Verdes. The City will be shown as a three zip code City. He is planning on meeting with the Homes Association in each of these areas to make sure that everybody understands the transition. A let- ter will go out over his signature and the signatures of the two Post Mas- ter Generals for the area. CITY MANAGER REPORTS: EVALUATION OF HARCOURT, BRACE AND City Manager McDuffie reported on JOVANOVICH PROPOSAL MARINELAND the results of the March 30, 1987 (1804) meeting with HBJ. At that meeting they presented a proposal to the City for construction of an Animal Care Center. That proposal was based on certain assumptions: (1) that two to three acres of land would be committed to the shelter by someone; (2) ownership of the Center and its maintenance becomes the responsibility of some other body; and (3) that beyond construction HBJ will not be liable for anything connected with the Center beyond an operating grant of $20,000 per year for two years. The estimated costs of building and pools plus contingencies would be ap- proximately $170,000. HBJ was proposing a grand commitment of $250,000 for 707CP /MIN6.1 -2 -7- April 7, 1987 this project. Staff has concluded that this offer is inadequate but that it would serve as a starting place and that they were encouraged by commu- nications with Mr. Peter Jovanovich and Mr. Harris. Council then briefly discussed the proposal by HBJ and the fact that this indeed was only a starting point and that it would be necessary for the Council Subcommittee to study this proposal further. Speaking in favor of retaining Marineland and an animal care facility were the following individuals: Frederick McGarrity, 428 29th Street, Manhattan Beach; Bryant Winchell, 2901 Via Alvarado, Palos Verdes Estates. These speakers were concerned about the loss of this educational facility in the Southern California area. No suggestion was made by the speakers as to what they would want to the see at the Marineland site, however they said they were prepared to work with the City Council in any way they can. It was the consensus that the subcommittee of Hinchliffe and Hughes will report back to the City Council regarding the latest proposal from HBJ. RECESS At 12:05 A.M. the Mayor declared a brief recess. At 12:15 A.M. the meeting reconvened. TREE POLICY City Manager McDuffie presented the April 7, 1987 staff memorandum and the recommendation that the City Council determine if sidewalk rating should be excluded from the damage rating due to trees. Speaking against changing the policy were Steve Perestam, 4032 Exultant Drive; and Dr. Anthony George, 4104 Exultant Drive, Dr. George said it was the consensus of his-area to keep the sidewalk as a criteria for removal of trees. Council discussion then followed on the agreement and whether it should be signed by homeowners in an anticipation of damage to sidewalks, the fact that sidewalks must be repaired if damaged by trees. During the discussion it was disclosed that there are about 60 trees on Admirable Drive and 13 to 16 of those trees have been preliminarily identified as causing damage. It was the consensus that the subcommittee would work with the Public Works Department for these trees in the Seaview area. Councilman Hinchli f f e moved, seconded by Councilwoman Bacharach not to change the Tree Policy. The motion carried on a 4 -1 vote with Councilman Ryan voting in opposition. ITEMS REMOVED FROM THE CONSENT CALENDAR: CLAIM AGAINST THE CITY BY LLOYD Mr. Gaspar, 28036 Ridgebrook Court, GASPAR (303) Rancho Palos Verdes, explained to the Council the reason for his 707CP /MIN6.1 -2 -8- April 7, 1987 filing a claim for water damage at his home. Councilwoman Bacharach moved, seconded by Councilman McTaggart to reject the claim and instructed the City Clerk to notify the claimant. BUDGET WORKSHOPS RECESS TO CLOSED SESSION AND RECONVENE ATTEST: Council said April 28, May 4, 12 and 18 , 1987 at 7: 30 P.M. as the times and dates for discussion of the bud- get. At 12:05 the meeting recessed to a closed session for discussion of pending litigation and personnel matters. At 1:00 A.M. the meeting reconvened and immediately adjourned to 6:00 P.M. on April 9, 1987 for a closed session to discuss pending litigation. Mayor 707CP /MIN6.1 -2 -9- April 7, 1987