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CC MINS 19870804M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING August 4 1987 The meeting was called to order at 7:30 P.M. by Mayor Melvin W. Hughes at Hesse Park Community Center, 29301 Hawthorne Blvd. After the Pledge of Allegiance to the flag, roll was as follows: PRESENT: RYAN , HINCHLIFFE , BACHARACH, McTAGGART and MAYOR HUGHES ABSENT: NONE Also present were City Manager Dennis McDuffie, City Attorney Steve Dorsey, Director of Environmental Services Robert Benard, City Clerk Jo Purcell, Public Works Director George Wentz, and Finance Director Kevin Smith, WAIVER OF FULL READINGS OF Councilwoman Bacharach moved, ORDINANCES & RESOLUTIONS seconded by Councilman Ryan 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 CONSENT CALENDAR MINUTES The City Clerk announced that under City Council Reports, an item regarding trees had been added by Councilman Ryan. Councilman Hinchl i f f e moved, seconded by Councilman McTaggart to approve the agenda as amended. The motion carried. The City Clerk announced that the item regarding out of state con- ferences had been removed from the Consent Calendar and would be con- sidered at the end of the meeting. The Consent Calendar was approved as follows on motion of Councilwoman Bacharach, seconded by Councilman Hinchliff e. Approved Minutes of July 18, July 21, 1987. 709CP /MINCC8.4 —1— August 4, 1987 CLAIM AGAINST THE CITY BY JAMES DAVIS (303) CLAIM AGAINST THE CITY EMMETT J. HENRY ( 303 ) CLAIM AGAINST THE CITY BY MICHAEL RAZIPOUR ( 303 ) DISPOSAL OF SURPLUS EQUIPMENT ( 302 X 602 ) RENOVATION OF CIVIC CENTER BUILDINGS (1201) RESOLUTION NO. 87-48 REGISTER OF DEMANDS LEGISLATION (306) Rejected the claim and directed the City Clerk to notify the claimant. Rejected the claim and directed the City Clerk to notify the claimant. Rejected the claim and directed the City Clerk to notify the claimant. Approved the recommendation to accept sealed bids on a surplus vehicle and equipment owned by the City and dispose, in the best and most profitable way possible, equip- ment not bid on. Authorized expenditure to renovate the Green Building and Leisure Services Building in an amount not to exceed $184,000, ADOPTED RESOLUTION N0, 87 -48 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. Repealed the Council action of May 5, 1987 supporting with amendments AB 18 and SB 2, and adopted the position to oppose unless amended on both bills. Authorized staff to notify the appropriate authorities of Council action. ALTAMIRA CANYON STORM DRAIN (1) Accepted completed work on the PROJECT (604) Altamira Canyon Storm Drain Project. (2) Directed the City Clerk to notify the surety and to exonerate the contract bonds and retention 30 days after the .Notice of Completion is recorded by the Portuguese Bend Homeowners Association if no claims are filed against the contractor during that period. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: RYAN, HINCHLIFFE , BACHARACH, McTAGGART and MAYOR HUGHES NOES: NONE 709CP /MINCC8.4 -2- August 4, 1987 TRAFFIC CONTROL AT PALOS VERDES DRIVE EAST AND MI RALE S TE HIGH SCHOOL (1502) overtime basis to control traffic on High School entrance if necessary, Works to determine if traffic control City Manager McDuffie presented the staff memorandum of Aug. 4, 1987 and recommendation to: (1) authorize the use of sheriff's deputies on an Palos Verdes Drive East at Miraleste (2) authorize the Director of Public is necessary and /or effective. Council discussion followed on the impact these recommendations would have on the flow of traffic and if it would make more sense to have the sheriff on duty on the first day of school rather than waiting to see what happens. Representing the Boosters Club was Harriet Servis, 14 Gaucho Drive, Rolling Hills Estates, who said that the enrollment this year would not only be larger but it would be different because of the lower grades now attending the high school. She recommended that the Sheriff be on duty on the first day of school. A brief Council discussion followed regarding whether this item should be discussed with the Regional Police Committee, Ron Seipes, 1666 Via Canada, told the Council it was his feeling that a deputy would be needed both in the morning and in the evening. He recom- mended some kind of periodic signal be installed to accommodate the peak hours. Councilwoman Bacharach moved, seconded by Councilman McTaggart to: 1) authorize the use of a Sheriff's deputy for traffic control on Palos Verdes Drive East at Miraleste High School starting the first day of school, 2) that the Director of Public Works meet with the affected parties to determine what traffic control is necessary and report back on the situation within two weeks after school starts and 3) that the subcommittee discuss this issue with the Regional Police JPA. The recommendation was also made that perhaps the Community Services Deputy or a police explorer could be considered for this duty, TRAIL EASEMENT AT City Manager McDuffie presented the 7061 CREST ROAD staff memorandum of Aug.- 4. 1987 and (701) the recommendation to (1) authorize the City Attorney to investigate related facts to determine whether or not the City's acquisition of a pedestrian trail at the above address is feasible through the prescriptive easement process, and to report back to the City Council, and (2) request the City Trails Committee staff to monitor the progress of the proposed vacation of Via Victoria in the City of Palos Verdes Estates and report back to the Council when any significant changes occur. The City Manager then summarized the history of Council's action on this matter since 1980 and the efforts made to work with both the owner of the lot and concerned neighbors to keep access to this path open. This Trail, which has never been included in the Trails Network Plan, provides a key access to Via Victoria in Palos Verdes Estates and to Lunada Bay from the neighborhood surrounding the lot. Speaking in favor of retaining access to this easement were the following residents of the area: Donna Beal, 7242 Avenida Altisma; Virginia Gardner, 30026 Avenida Celestial; Don McLaughlin, 6966 Crest Rd; Jeanne Smolly, 56 709CP /MINCC8.4 —3— August 4, 1987 Limestree, Stan Wilker, 7121 Avenida Altisma; Paul J. Bebbington, 7541 Crest Rd., These neighbors spoke about their use of this trail over the past 10 to 15 years, cited the number of people that use it and the con- venience that use of this easement is to a large number of residents in the area. Councilwoman Bacharach moved, seconded by Councilman Ryan to authorize the City Attorney to proceed with the prescriptive easement process, 2) report to the City of Palos Verdes Estates the action taken by the City Council and request that they do the same, 3) amend the Trails Plan to include this trail in the Master Trails Plan. The motion carried on the following roll call vote. AYES: RYAN, HINCHLIFFE , BACHARACH, McTAGGART and MAYOR HUGHES NOES: NONE Council inquired if any other height variation of this type had been previously discussed at council meetings, the criteria used for estab- lishing 'the 16 ft.- 30 ft, height limitation and whether this limitation was placed only on homes on uphill slopes. Speaking in opposition to this project: R.C. Visser, 27105 Diamond Head Lane; Dave Trump, 2711 Diamond Head Lane, Lou Bechtel, 27129 Diamond Head Lane. Their concerns dealt mainly with blockage of their views. Representing the applicants Mr. & Mrs. Rossli was their attorney Michael Donaldson who questioned whether there was a significant view impairment to 27111 and 27105 Diamond Head Lane. With the use of pictures mounted for viewing, he displayed the effects of the new roof line, the effects of trees that had been recently removed from in front of the applicant's garage, and questioned if there would be an accumulative impact in this case. Speaking in favor of the project was William Smith, 27044 Diamond Head Lane, who lives adjacent to the property and who felt that there wouldn't 709CP /MINCC8.4 -4- August 4, 1987 HEIGHT VARIATION N0, 484 APPEAL City Manager McDuffie presented the (1801) staf f memorandum of Aug. 4, 1987 and the staff recommendation to dismiss the appeal, thereby denying the project. He also briefed the Council on the history of this height variation which had been denied on April 71 1987 based on the staff fin- dings that there were significant view impairments resulting from the applicants proposed addition. An appeal to the Planning Commission by the applicant was denied on June 23, 1987. Subsequently, the applicant made an appeal to the City Council and it was filed on July 6, 1987. Director Benard directed the Council's attention to an additional memorandum which was a summation of the procedures used by the staff in determining the principal identifiable view, primary viewing area and the critical deter- mination of height. The memorandum went on to explain the key to eva- luating this proposal in applying the different measurement criteria of a lot which slopes uphill as opposed to a flat lot in making the deter- mination of whether a height variation would have been required. Council inquired if any other height variation of this type had been previously discussed at council meetings, the criteria used for estab- lishing 'the 16 ft.- 30 ft, height limitation and whether this limitation was placed only on homes on uphill slopes. Speaking in opposition to this project: R.C. Visser, 27105 Diamond Head Lane; Dave Trump, 2711 Diamond Head Lane, Lou Bechtel, 27129 Diamond Head Lane. Their concerns dealt mainly with blockage of their views. Representing the applicants Mr. & Mrs. Rossli was their attorney Michael Donaldson who questioned whether there was a significant view impairment to 27111 and 27105 Diamond Head Lane. With the use of pictures mounted for viewing, he displayed the effects of the new roof line, the effects of trees that had been recently removed from in front of the applicant's garage, and questioned if there would be an accumulative impact in this case. Speaking in favor of the project was William Smith, 27044 Diamond Head Lane, who lives adjacent to the property and who felt that there wouldn't 709CP /MINCC8.4 -4- August 4, 1987 be any problem with the project. Also representing the applicant was their architect Elizabeth Herron, 935 West Avenue 37, Los Angeles. She described some of the alternative designs for the project and explained that the proposed design was affecting only a small portion of the entire panorama enjoyed by the other neighbors. Carolyn Wilker, Assistant Planner, explained how the views from the neigh- bors was a night light panorama view and would be affected more than what was described by the architect. Councilman Hinchliffe moved, seconded by Councilwoman Bacharach to adopt the staff recommendation. A brief discussion then ensued on whether part of the roof could be lowered and the other part raised. The motion to dismiss the appeal carried unanimously. Staff reported that a resolution would be presented at the next City Council meeting for the dismissal of this appeal. RECESS AND RECONVENE At 9:30 the Mayor declared a brief recess and at 9:37 the meeting reconvened. STUDENT PARKING AROUND ROLLING City Manager McDuf f ie presented the HILLS HIGH SCHOOL (1502 ) staff memorandum of Aug. 4, 1987 and the recommendation to request the school to investigate additional on site parking. Council then inquired if any options for the parking had been considered by the school district, whether they had considered using the area now presently used for surface vehicles , if an analysis of compact spaces had been done on their lot and if any thought had been given to using the under - utilized part of the Peninsula Center parking lot. Glen Eggleston, 27161 Fond du Lac Rd., said that he was in favor of the Traf- fic Committee's recommendation that the.School District investigate additio- nal on -site parking. Councilwoman Bacharach moved, seconded by Councilman Hinchlif f e to adopt the staff recommendation and to request a meeting with Sierra Management and Rolling Hills Estates for consideration of the suggestion for use of part of the Peninsula Center parking lot. The motion carried unanimously. LEAF BLOWERS (1804 ) City Manager McDuf f ie presented the staff memorandum of Aug. 4, 1987 and the staff recommendation to review the proposed ordinances and deter- mine if any ordinance should be established for: 1) a total ban of leaf blowers; or ( 2) a limited ban of leaf blowers, Council then inquired about the extent of calls received complaining about leaf blowers, whether such an ordinance could be implemented as the air pollution portion of the General Plan, and the recommendation made that a public hearing be held after an article regarding leaf blowers has been printed in the NEWSLETTER. Councilman Ryan moved, seconded by Councilman McTaggart to set a date for a public hearing on the regulation of leaf blowers. Said public hearing to be set after an article has been published in the City's NEWSLETTER. The motion carried unanimously, 709CP /MINCC8.4 —5— August 4, 1987 MORATORIUM EXEMPTION NO. 14 City Manager McDuffie presented the (18 SWEETBAY) PROPERTY OWNER staff memorandum of Aug. 4, 1987 and ERIC SCHIFF (1801) the recommendation to approve the request for the exemption, subject to the following: 1) The existing number of plumbing fixtures shall be not be increased. 2) Construction shall conform to the recommendations of the City Geologist. 3) The Site Plan must be approved by the Director of Environmental Services. 4) Dedicate a 27 foot wide easement overlapping the existing private road easement along the entire Sweetbay frontage of the property. 5 ) Rain gutters shall be required on the entire structure and drainage shall be directed into a drainage system approved by the City Engineer. Questioning the conditions set by staff was the applicant Betty Schiff who questioned the dedication of a 20 foot wide easement and also the require- ment for a rain gutter . Stating that these measures helped to further stabilize the area, Council explained that these conditions would be required of any application made for the moratorium exemption. Discussion concluded with the consensus that the staff would meet with Mrs. Schiff to review the rain gutter requirements to determine whether it could be lessened. Councilwoman Bacharach moved, was seconded by Councilman McTaggart to adopt the staff recommendation. The motion carried. AUDIENCE QUESTIONS: Introducing himself as the new Area Manager for the Palos Verdes Peninsula was Michael Smith, the representative for the Edison Company. A brief discussion followed regarding the gross -up and legislation regarding the distribution of 20A Funding. Mr. Smith said he would send information to staff regarding both of these items. CITY COUNCIL REPORTS Off Shore Drilling (Lease Sale #95) (306 X 1601) - Councilmember McTaggart recommended sending a letter requesting exclusion of areas previously under moratorium. He briefly summarized this legislation which would now permit off -shore oil drilling in areas that had previously been in moratorium. He moved, seconded by Councilwoman Bacharach to send a letter in opposition to opening up these previously protected areas to off -shore oil drilling. The motion carried. ' Crenshaw and Hawthorne Traffic (1502) - Councilmember seconded by Councilman Hinchliffe to direct staff to set breakfast with the sheriff's deputies to discuss issues and Hawthorne Boulevards traffic, Trees - Referring to calls blockage by trees, Councilman by trees and view blockage. Bacharach moved , up a City Council such as Crenshaw that he recently received regarding view Ryan briefly discussed the problem presented 709CP /MINCC8.4 -6- August 4, 1987 CITY MANAGER REPORTS Personnel Costs City Manager McDuffie presented a memorandum regarding personnel costs as an informational item to the City Council. School District Surplus Property City Manager McDuffie presented the (Portugese Bend site) (1401) staff memorandum of Aug. 4, 1987 authorizing staff to explore the possibility of obtaining the site and report back to Council with a recommendation. Council discussion followed regarding the disposition of school sites in the City of Rancho Palos Verdes and the discussion concluded with the direction that the City Manager get information from Dr. Price regarding the sites available, pro- vide the Council with an analysis of the laws affecting the sale of school property and schedule a workshop for August 10 at 7:30 p.m. to discuss the purchase of school sites, ITEMS REMOVED FROM THE CONSENT CALENDAR: Out -of -State Conferences (1202) - Councilwoman Bacharach moved, seconded by Councilman McTaggart to approve the list for out -of -state conferences for Fiscal Year 1987 -88 for the City Council and staff as designated by the City Manager with the understanding that these would be the only out -of- state conferences until the first of the calendar year. The motion carried on the following roll call vote: AYES: BACHARACH, McTAGGART , HINCHLIFFE , AND MAYOR HUGHES NOES: RYAN RECESS TO CLOSE SESSION AND RECONVENE ADJOURNMENT ATTEST: City Clerk The City Attorney announced that the City Council would recess to a closed session to discuss the County of Los Angeles versus all interested persons (C520241), the Horan Settlement, pending litigation and personnel matters. At 12:30, the meeting reconvened and adjourned to August 10 at 7:30 p.m. in the Fireside Room at Hesse Park for a work session to discuss school rn , +-ea- -7- August 4, 1987