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CC MINS 19860401M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL 1, 1986 The meeting was called to order at 7:37 P.M. by Mayor Hinchliffe at the Fred Hesse Community Park Center, 29301 Hawthorne Boulevard. Following the pledge of allegiance to the Flag, roll call was answered as follows: PRESENT: RYAN, BACHARACH , McTAGGART & MAYOR HINCHLIFFE LATE ARRIVAL: HUGHES @ 7:39 P . M . Also present were City Manager Donald F. Guluzzy, City Attorney Steve Dor- sey, Acting Director of Environmental Services Ann Negendank, City Clerk Jo Purcell, and Public Works Director George Wentz, CEREMONIAL EVENT Mayor Hinchliffe presented a plaque to Hugh Ralston, retiring Editor of the Palos Verdes Peninsula News in appreciation of his support for the City during his tenure as Editor. WAIVER OF FULL READING OF Councilwoman Bacharach moved, sec - ORDINANCES & RESOLUTIONS onded by Councilman Hughes and car- ried , to waive reading in full of all ordinances and resolutions adopted at this meeting with consent to 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 changes to the Agenda: Addi- tions: Palos Verdes Drive South speed limit (City Manager). Sher- iff's relations with the Community, Boundary Question with Rolling Hills Estates, Daladier Undergrounding (Ryan), Contract Cities Election, SCAG Election, and School District Spel- ling Bee (Mayor Hinchliffe). The item regarding Utility User Tax policy was removed to be rescheduled for a later meeting. The agenda as amended was approved on motion of Councilwoman Bacharach, seconded by Councilman Hughes and carried. 705CP /MIN10.1 -9 -1- April 1, 1986 CONSENT CALENDAR MINUTES ORDINANCE N09 204 (1501) RELEASE OF BOND FOR TRACT N0. 28976 (1411) LEGISLATION (306) RESOLUTION NO. 85 -14 The Consent Calendar was approved as follows on motion of Councilwoman Bacharach , seconded by Councilman McTaggart. Approved the minutes of March 4th and 5th. Waived further reading and ADOPTED ORDINANCE N0. 204 AMENDING TITLE 3 OF THE RANCHO PALOS VE RDES MUNICIPAL CODE BY ADDING THERETO CHAPTER 3.30 ESTABLISHING A UTILITY USERS TAX. (1) Released Grading Permit Bond No. 406359 and recommended to the County that they release their interest in the same. (2) Directed the City Clerk to notify the principal and surety of Council's action. Adopted the League of California Cities position on proposed legisla- tion and authorized staff to inform our representatives of the City's position. SUPPORTED SB 75, AB2590, AB36273% SCA12. OPPOSED SB1990, SB1965 , HR3128 , and AB4303 . ADOPTED RESOLUTION NO. 85 -14 ALLOW- ING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID, CANCELLATION OF WILLDAN CONTRACT Ended the contract with Willdan and FOR TRACT MAP 37205 INSPECTION transferred the work to Building and SERVICES (1411) Safety /Engineering contract, The motion to approve the Consent Calendar carried on the following roll call vote: AYES: HUGHES, RYAN, BACHARACH , McTAGGART , AND MAYOR HINCHLIFFE NOES: NONE ABSENT: NONE 705CP /MIN10.1 -9 -2- April 1 , 1986 PUBLIC HEARING RESOLUTION NO 86 -15 - Mayor Hinchliffe opened the public DISMISSING THE APPEAL hearing on this appeal of a variance OF VARIANCE N0. 111 to deviate from the City's 30 foot (1804) height restriction and 20 foot front setback requirement. The City Clerk reported that notice of this hearing had been duly published. City Manager Guluzzy presented the staff report of April 1, 1986 and recommended dismissing this appeal and adopting the proposed resolution. Speaking in support of the appeal were the following residents of the area: David Forest, 2805 Calle Aventura; Jeannette Mucha, 5538 Littlebow Road (representing the Rancho Palos Verdes Council of Homeowners); Paul Meliota, 30535 Santa Luna Drive; John Sorrels, 2738 Vista Mesa Drive; Dr. Ralph Geise, 30530 Palos Verdes Drive East; Susan Phillips, 30536 Palos Verdes Drive East; Vicent de Cuitiis, 2704 Vista Mesa Drive; and Rachel Geise, 30530 Palos Verdes Drive East. They were concerned about the geologic con- dition of the property, the impact on drainage; who will be responsible for maintenance of the drain; the safety of this portion of Palos Verdes Drive East. views of the canyon; and, traf f is hazards that may arise during the construction period. Speaking in support of the project were the following people: R.D . Kerwin (the landowner), 30438 Palos Verdes Drive East; Gary Maxwell (the archi- tect) , 1455 Crenshaw Boulevard, #260A, Torrance; Keith Ehlert (geologist), 25202 Crenshaw Boulevard, Torrance, and John Schuricht (strutural engi- neer), 609 Tyburn; and Carol Kerwin, 30438 Palos Verdes Drive East. These individuals responded to the concerns about geology of the property; de- scribed the amount of grading to be done, the structure of the foundation, and the drainage protection for the site. Council then inquired where the caissons would be placed, where the drain- age will be channeled, the amount of vibration that will occur during the construction, the. excavation that will be required for the caissons, how off -site water will be handled, if adjacent property had been surveyed for geologic purposes, and if there was substantiation for the statement that this project would improve the condition of the land. There being no response to the Mayor's call for additional testimony, he declared the meeting closed. Councilwoman Bacharach moved, seconded by Councilman Ryan and carried to deny the appeal and approve the project in concept. Council then discussed the conditions for approval of this project. Coun- cilman McTaggart moved, seconded by Councilman Ryan and carried to delete Condition No. (8). During further discussion of these conditions, the fol- lowing changes were made: (4) Add: Landowner shall assume such responsibility for remaining portion. 705CP /MIN10.1 -9 -3- April 1, 1986 (5) ". . . install and be responsible for maintaining. . ." Delete (8) (10) Add: ". be no higher than one (1) foot below the finished floor level of the residence at 30530 Palos Verdes Drive East and shall have a maximum downslope height not to exceed 45' -3 ". (11) Amend: "Applicant shall record a Hold Harmless Agreement holding the City Harmless against flooding on the property." (12) Add: ". in setback and 20 foot front setback, :" RESOLUTION NO. 86 -15 DISMISSING THE APPEAL OF VARIANCE NOW 111 AND GRADING APPLICATION N0, 759 WAS PRESENTED BY TITLE AND ADOPTED on motion of Coun- cilwoman Bacharach, seconded by Councilman Hughes and carried. Councilwoman Bacharach moved, seconded by Councilman Ryan and carried that when the geology on this project has been finalized that the E1 Prado Homeowners Association be notified. RECESS TRACT NO. 37885 - REQUEST FOR RECONSIDERATION At 10 :11 P.M. the Mayor declared a recess. The meeting reconvened at 10:29 P.M. (All members were pre- sent except Councilman Ryan.) City Manager Gulu zzy presented the staff memorandum of April 1, 1986 and recommended that Council con- sider the merits in conducting ano- ther public hearing on a proposed revision to this tract, Associate- Planner Rubin reported that Palos Verdes Properties submitted a letter requesting that the Council remove the resolution denying the revi- sion and set the matter for another public hearing. They feel that they can address the concerns of the City Council and are requesting the oppor- tunity to discuss the matter again. Councilman McTaggart moved, seconded by Councilwoman Bacharach, and carried to set the matter for another public hearing. Council requested that information on the revision be presented to them before the public hearing, (At 10:34 Councilman Ryan returned to the meeting.) ORDINANCE NO. 205U - MORATORIUM ON MINI - MARKETS (1801) City Manager Guluzzy presented the April 1 staff report and recommended the following: 705CP /MIN10.1 -9 -4- April 1, 1986 1. Define mini- market as combined retail sales of food and sundry pro- ducts including ancillary sales of such items in conjunction with gasoline sales situated on a < 30,000 square foot lot located with- in 300' of property zoned or used for residential use. 2. Set policy that change from an existing nonconforming commercial use to a mini - market is not allowed. 3. Adopt moratorium and direct staff to prepare a study on whether mini - markets should be a use subject to a Conditional Use Permit within commercial districts or whether mini - markets should be pro- hibited. Associate Planner Alice Bergquist -Angus responded to Council's questions regarding whether the sale of gasoline in conjunction with food sales was necessary in order to qualify as a mini - market, if 7 -11 type stores would be included in this definition, should this type of conversion be processed through the Conditional Use Permit process, and the amount of staff time required in preparing a code amendment for such a prohibition. Speaking in favor of this moratorium was Melinda Downing, 1914 Caddington Drive, who told the Council that she had collected 500 signatures on a petition favoring a prohibition of these mini- markets. Councilwoman Bacharach moved, seconded by Councilman McTaggart and carried to adopt the staff recommendation. ORDINANCE N0, 205U PLACING- A MORATORIUM ON THE ESTABLISHMENT OF NEW USES FOR THE SALE OF FOOD AND SUNDRY ITEMS UNDER CERTAIN CIRCUMSTANCES, AND DE- CLARING THE URGENCY THEREOF was presented by title. Councilwoman Bacharach moved, seconded by Councilman Hughes to waive further reading and ADOPT ORDINANCE N09 205U. The motion carried on the following roll call vote: AYES: HUGHES, RYAN, BACHARACH , MCTAGGART , AND MAYOR HINCHLIFFE NOES: NONE Councilwoman Bacharach moved, seconded by Councilman Ryan and carried that staff should determine if these mini - markets should be subject to the CUP process or if they can be prohibited. RESOLUTION N0. 86 -16 - City Manager Guluzzy presented the ESTABLISHING STOPPING staff report of April 1, 1986 and REGULATION (1502) recommended adoption of the proposed resolution and remanding the issue of the crosswalk back to the Traffic Committee. Public Works Director George Wentz gave further details on the intersec- tions involved and related his discussion with the principal of Mira Cata- lina who indicated that the students do use the stairs on Deluna Drive. It is the use of these stairs that is prompting the installation of the pro- posed crosswalks from area residents. He suggested that Council consider installation of a stop sign on Deluna at Dianora for consistency in the area. 705CP /MIN10.1 -9 -5- April 1, 1986 Representing the Traffic Committee was Chairman Leo Connolly who told the Council that the Committee endorsed the staff's recommendation to add the stop sign at Deluna. Speaking in favor of these recommendations were Ellen Mazaika, 3221 Dianora Drive, and Tammy Zipser, 3103 Dianora Drive. RESOLUTION N0. 86 -16 ESTABLISHING STOP REGULATIONS AT CERTAIN INTERSECTIONS WITHIN THE CITY OF RANCHO PALOS VERDES was presented by title and ADOPTED on motion of Councilwoman Bacharach, seconded by Councilman Ryan and car- ried with the addition of a stop sign on Deluna Drive at its intersection with Dianora. LONGHILL DRIVE AND City Manager Guluzzy presented the BEECHGATE DRIVE - April 1, 1986 staff report and rec- RUMBLE - STRIPS ommended that the rumble strips on (1502) Beechgate remain and that the re- quest for a stop sign on Beechgate at Golden Arrow be denied, Public Works Director Wentz further explained the traffic situation in this area where the Traffic Committee was requested to improve the safety in the curve in both directions by installing rumble strips. He then referred to the soundmeter reading on Beechgate which compared the sound level of traf- fic with and without the rumble strips. Additionally, he reported that the number of vehicles entering the intersection of Golden Arrow and Beechgate was 178 for one particular count. The warrants for a stop sign require 500 vehicles entering the intersection. Representing Mr, Van Wagoner was their attorney David Bence, 21231 Haw- thorne Boulevard, who presented a photo of a vehicle involved in an acci- dent at the bottom of the hill. He referred to the petitions for removal of the rumble strips and for installation of a stop sign on Beechgate and Gol- den Arrow Drive. He cited the problem that people are, now trying to go around the rumble strips resulting in them traveling in the lane of oncom- ing traffic. He requested that a stop sign be installed at Golden Arrow on the downhill side in an effort to slow down traffic, Council discussion then dwelt on the fact that probably a high percentage of the people traveling on Golden Arrow were residents of the area and were aware of the hazards of speeding in that area. Alex Eggar, , 27938 Beechgate, and Emmett Ingram, 28006 Beechgate, commented on the noise resulting from the rumble strips and suggested a stop sign on Golden Arrow as a means of slowing traffic, In response to a Council inquiry, Traffic Committee Chairman Leo Connolly told the Council that the Committee had requested additional enforcement from the Sheriff's Department in November, 1985, Captain Elmer Omohundro, Commander of the Lomita Sheriff's Station, com- mented that he will check with Sergeant Dave Thomas to discuss the traffic statistics for the area. 705CP /MIN10.1 -9 -6- April 1, 1986 Council then discussed the possibility of installing a stop sign on Golden Arrow on a trial basis, if additional enforcement should be used if radar could be used on this street, and if advisory speed signs should be instal- led. Councilman Hughes moved, seconded by Councilman McTaggart to arrange for additional enforcement in the area, that the City Manager, Traffic Commit- tee and the Sheriff's Department coordinate to determine the appropriate times of the day and night for this enforcement, that the rumble strips remain, and that additional advisory signs be installed where appropriate. Councilman Ryan's amendment to remove the rumble strips in front of the Van Wagoner home failed on a three -two vote with Bacharach, Hughes, and Mayor Hinchliffe voting in opposition. The main motion carried unanimously. HEIGHT VARIATION N0. 432 - APPEAL (1804) to affirm their decision and Rubin presented photographs window in the dining room. City Manager Guluzzy presented the staff memorandum of April 1 contain- ing the staff's recommendation to reverse the Planning Commission's decision to deny the project and the Planning Commission's recommendation dismiss the appeal. Associate Planner Steve of the Varwig residence and the view from the Council inquired if this project would affect the views of other homes in the area, why staff considered the view from the dining room as a primary viewing area, and if this window was installed after the house was con- seructed. Representing Mr. and Mrs. Glazer was Mr. B. Szabo 420 North Kenter Avenue, Los Angeles, California 90049 who presented a display board of the neigh- borhood which showed the Glazer home and other homes in the immediately adjacent area and indicating the impact of the Glazer project on- the neighborhood . [Councilwoman Bacharach stated that Mr. Szabo served with her on the Los Angeles County Transportation Commission.] Speaking in opposition to this project were Herman Krieg, 6563 E ddinghill Drive; Robert Varwig, 6549 Eddinghill; Nancy Carson, 6960 Abbotswood; and Donald Batchelder, 6546 E ddinghill Drive. Their concerns centered on view blockage. Representing the Varwigs was their attorney Robert J. Reamer, 23505 Cren- shaw Boulevard who cited the Municipal Code section he felt protected the Varwig's view as being a primary view. Representing the Planning Commission was its Chairman Peter Von Hagen who stated the Commission based their decision on the major view as being out- side the front window and that the Glazer addition would not impact that view. Additionally, the Commission agreed with staff that the only signif- icant view impairment would come from the Varwig residence and not any other house on the street. McTaggart moved, seconded by Councilman Hughes to uphold the appeal. 705CP /MIN10.1 -9 -7- April 1, 1986 Council then discussed the reason for the cumulative provision in this or- dinance; if the Kreig view would be impacted by the addition, if the addi- tion was situated to minimize view impact, and whether the Varwig' s dining room should be considered a primary viewing area. The motion carried on the following roll call vote: AYES: HUGHES,, McTAGGART , AND MAYOR HINCHLIFFE NOES:- - RYAN AND BACHARACH RESOLUTION N0. 86 -16 - SPEED LIMIT ON PALOS VE RDE S DRIVE SOUTH (1502) City Manager Guluzzy presented the staff report of April 1 and recom- mended that Council adopt this pro- posed resolution limiting the speed limit on Palos Verdes Drive South from Narcissa Drive to a point ap- proximately 200 feet east of Cren- shaw Boulevard. RESOLUTION N0, 86 -16 ESTABLISHING SPEED LIMITS ON VARIOUS STREETS WITHIN THE CITY was presented by title and ADOPTED on motion of Councilwoman Bach - arach, seconded by Councilman McTaggart and carried. Council Committee Reports: Peninsula Transportation Authority - Councilwoman Bacharach reported that the Authority was considering merging Dial -A -Ride with Palos Verdes Transit. She requested that the RFP currently being prepared for Palos Verdes Transit include that feature. The Authority also proposed -that in an effort to encourage use of Palos Verdes Transit during, certain hours that Dial -A -Ride tickets be accepted by Palos Verdes Transit between the hours of 9:00 A.M. to 1:00 P.M. She then so moved, seconded by Mayor Hinchlif f e , and carried. SCAG - Councilwoman Bacharach reported that she will be attending the-elec- tion meeting of Scag. Palos Verdes School District Spelling Bee - Mayor Hinchliffe reported that this event would be held on April 9 at 3:00 P.M. in the Courtyard. City Manager Reports: MUNICIPAL PARCEL - MAP Councilman McTaggart moved, seconded COUNT - CONTRACT WITH by Councilman Ryan to approve an a- H.E . HUFFER (1501) greement with H.E. Huffer in the a- mount of $1 ,000 to provide a de- scription of the parcels within the city. The - motion - carried on the following roll call vote: AYES: HUGHES, RYAN, BACHARACH, McTAGGART & HINCHLIFFE NOES: NONE 705CP /MIN10.1 -9 -8- April 1, 1986 The suggestion was made that staff should determine whether this informa- tion could be obtained from the Sanitation District, NIKE SITE NEGOTIATION OCS FUNDS LEGISLATION - AB2020 AB 34 61 City Manager Guluzzy reported that he and the Acting Director of Envi- ronmental Services would be meeting with the GSA to discuss the purchase of the School District Building, Mr. Guluzzy gave a brief report on the status of these funds. Council requested that staff get the text of this bill before taking a position on it. It was the consensus of Council to support this bill. Council requested that staff investigate the status of the S &S tract. ADJOURNMENT ATTEST: } CITY CLERK r At 1:05 A.M. the meeting adjourned on motion of Councilman Hughes, 705CP /MIN10.1 -9 -9- April 1, 1986