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CC MINS 19960115 ADJMINUTES RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING JANUARY 15, 1996 The meeting was called to order at 7:00 P.M. by Mayor Marilyn Lyon at the Fred Hesse Park Community Center, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file. After the Pledge of Allegiance, roll call was answered as follows: PRESENT: MCTAGGART, HOLLINGSWORTH, FERRARO, BYRD & MAYOR LYON. ABSENT: NONE Also present were City Manager Paul Bussey, City Attorney Carol Lynch, City Clerk Jo Purcell, Public Works Director Trent Pulliam, Planning & Building Director Bret Bernard, Assistant City Manager Brent Mattingly, Associate Planner Terry Silverman, Assistant Planner Fabio de Freitas, Senior Analyst Veronica Dolleschel, and Senior Analyst Rick Otto. RECYCLE DRAWING: One card was drawn from the recycle drum; the winner will be announced at the next meeting. CEREMONIAL EVENT: (304) In appreciation of his three years of service to the City, Mayor Lyon presented departing Public Works Director Pulliam with a City the and on behalf of the City Council wished him well in his new job with the City of Moreno Valley. APPROVAL OF AGENDA: Councilman Byrd moved, seconded by Councilman McTaggart to approve the agenda as presented. Motion carried. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine, spoke to several items on the Consent Calendar: completion of the Civic Center drainage project, claim against the City by the Monaco Homeowners Association, and the Register of Demands. Councilman McTaggart moved, seconded by Councilman Hollingsworth to approve the Consent Calendar as follows: WAIVER OF FULL READING ADOPTED A MOTION 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 THE READING OF THE TITLE. CABLE STUDIO BLDG. -LEASE EXTENSION (605 x 1101) AUTHORIZED THE EXTENSION OF THE LEASE AGREEMENT WITH COX CABLE FOR THE USE OF THE FORMER CABLE STUDIO BUILDING FOR A PERIOD NOT TO EXCEED TWO YEARS. CIVIC CENTER DRAINAGE PROJECT - NOTICE OF COMPLETION (1201 x 1204) (1) ACCEPTED THE WORK AS COMPLETE; (2) AUTHORIZED THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER; AND, IF NO CLAIMS ARE FILED 35 DAYS AFTER RECORDATION, AND UPON THE CONTRACTOR POSTING AN ACCEPTABLE WARRANTY BOND, CITY CLERK IS DIRECTED TO NOTIFY THE SURETY COMPANY OF THE EXONERATION OF THE PAYMENT AND PERFORMANCE BONDS; AND (3) AUTHORIZED THE FINANCE DIRECTOR TO RELEASE THE 10% RETENTION PAYMENT 35 DAYS AFTER RECORDATION OF THE NOTICE OF COMPLETION BY THE COUNTY RECORDER CONTINGENT UPON NO CLAIMS BEING FILED ON THE PROJECT AND THE CONTRACTOR POSTING AN ACCEPTABLE WARRANTY BOND. SLURRY SEAL AGREEMENT WITH RHE (1204 x 1404) (1) APPROVED AN AGREEMENT WITH THE CITY OF ROLLING HILLS ESTATES TO INCLUDE A PORTION OF HAWTHORNE BOULEVARD IN THAT CITY IN THE RANCHO PALOS VERDES FISCAL YEAR 1995 -96 SLURRY PROGRAM; AND, (2) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE CITY OF ROLLING HILLS ESTATES. CLAIM AGAINST THE CITY - PV MONACO HOMEOWNERS (301 x 303) REJECTED THE CLAIM AND DIRECTED THE CITY CLERK TO NOTIFY THE CLAIMANT. RESOL. NO. 96-02 REGISTER OF DEMANDS (602) ADOPTED RESOL. N0. 96 -02. The motion to approve the Consent Calendar carried on the following roll call vote: City Council Minutes January 15, 1996 Page 2 AYES: NOES: PUBLIC HEARING: McTAGGART, BYRD, FERRARO, HOLLINGSWORTH & MAYOR LYON NONE 1996 -97 CDBG - PROPOSED PROGRAMS (601 x 1204) Mayor Lyon opened the public hearing on these proposed Community Development Block Grant (CDBG) programs for the year 1996 -97. City Clerk Purcell announced that notice of this public hearing had been duly published and that no written protests had been received by the City. Ms. Dolleschel presented the staff report of January 15 and the recommendation to (1) Conduct the public hearing to receive citizen input on the proposed 1996 -97 CDBG program; (2) approve proposed CDBG projects and budget; and (3) authorize the City Manager to execute agreements for CDBG projects with the Los Angeles County Community Development Commission. Lois Larue spoke in opposition to the use of these funds for the Portuguese Bend grading. There being no further speakers on this matter, Mayor Lyon declared the hearing closed. Council discussion of these projects clarified that the following projects had already been approved: funding to provide overall CDBG program administration: REACH program; American with Disabilities Act Compliance Project: East Portuguese Bend Grading; and, Portuguese Canyon Erosion Control Project. Applications had been submitted but no construction had been done and only the environmental review had been conducted. Council inquired relative to what was considered a "neutral area" and it was the consensus that a report would be made to Council on that matter. Councilwoman Ferraro moved, seconded by Councilman McTaggart to approve projects one through five as listed on the staff report and to authorize the City Manager to execute agreements for CDBG projects with the Los Angeles County Community Development Commission. The motion carried on the following roll call vote: AYES: HOLLINGSWORTH, FERRARO, McTAGGART, BYRD & MAYOR LYON NOES: NONE City Council Minutes January 15, 1996 Page 3 TRACT NO. 24423, AMENDMENT N0.1 (1203 x 1411) Mayor Lyon opened the public hearing on this request to move or remove the easement from the buildable pad area of a residential lot located on Clint Place. The City Clerk reported that notice of the hearing had been duly published and that no written protests had been received by the City. Associate Planner Jerex presented the staff report of January 15 and the recommendation to refer the project to the Traffic Committee to review circulation issues with regard to the possible construction of a connector street between the upper and lower Mossbank Drives. Continuing with her report, Ms. Jerex then presented a detailed review of her report stating that this Tract Amendment concerns a residential property located at 5901 Clint Place; that the property is currently developed with one single story residence, and the applicant has filed an application for a tentative parcel map to subdivide this parcel into two lots. On the proposed second lot for this tract, a note exists which designates an easement to the County of Los Angeles for slope purposes. When the City incorporated in 1973 this easement transferred to the City since it is related to a public roadway. The applicant has requested this Amendment to remove or relocate the easement off the buildable pad area of this lot in order to meet the City's minimum requirements for development as a residential lot. Continuing, she said that the City's Municipal Code allows the amendment of tract maps to make modifications when there are changes in circumstances which make any of the conditions of the map no longer appropriate or necessary and which do not impose any additional burden on the present fee owner of the property. At the time of the easement dedication, Ms. Jerex stated, that it was anticipated that Mossbank Drive would be connected through the canyon between Grayslake Road and Basswood Avenue, as shown on exhibit 2 of the Staff Report. City records do not clearly demonstrate the reason for the easement's substantial encroachment into what amounts to roughly 30% of the total lot area of proposed Lot 2. Exhibit 3 to the Staff Report shows that the proposed slope easement ends abruptly at the eastern property line of the subject property. It appears that when this neighboring property was subdivided into two lots, any notes regarding a slope easement may have been dropped from the parcel map. She said that the City's Public Works Director has reviewed this request and recommended that the City's Traffic Committee review circulation issues with regard to the development of the connector street between upper and lower Mossbank Drives prior to making any modifications to this easement. In the event that Committee recommends that the connector street is desirable with future development of the canyon parcel, an engineering study should be prepared for a preliminary determination of the road placement and related easement modification. At that time, a determination could be made if the current configuration of the easement is required City Council Minutes January 15, 1996 Page 4 for the street; if the easement could be modified to accommodate both the property owner and the construction of the street; or, whether the easement should remain as it currently exists. Lastly, she said that the issue of modifying the slope easement for this property must be resolved prior to processing the application for subdivision. As the slope easement analysis is based on whether the City believes upper and lower Mossbank Drives will be connected, Staff recommends that the project be referred to the Traffic Committee to review a circulation study to determine potential effects of modification of the existing slope easement, specifically with regard to the possible future construction of a connector street between upper and lower Mossbank Drives. Al Mashouf, 5901 Clint Place, the applicant in this matter, mounted a picture board for Council viewing which depicted the project site. He clarified that his application is for relocating the easement within his own property from its existing location closer to Mossbank; that he was not suggesting that Mossbank be connected; that all of the easements in the area have been vacated; and, that a correct route for Mossbank could be accommodated by this proposed easement re- location. Speaking on behalf of the applicant was his architect Ed Gulian, 2710 Montair Avenue, Long Beach, who explained the his client's property has over 100 ft. from the property line to the slope easement; that they have gone through the codes to assure that what they have proposed is realistic and that they want to utilize the Mashoufs lot to its full potential. Council inquiries centered on the drainage for the lot, if they can tie into the existing storm drains, if they intended to provide off - street parking for guests, whether any geological investigations had been done, how wide a driveway they proposed, and how much of pad No. 2 would be used for the footprint of the house. Kevin Rhem, 5925 Clint Place, spoke in favor of the easement relocation. Marian Zimmerman, 26847 Basswood, representing the Upper Basswood Homes Association said they had no opinion about the easement, however they would oppose having the road connected to lower Mossbank. Council then discussed the rationale of the staffs recommendation to send this matter to the Traffic Committee and whether that was indeed necessary. After further discussion, Councilman McTaggart moved, seconded by Councilwoman Ferraro to continue this hearing to February 20 and to direct staff to explore if the easement could be removed or reduced from the applicants' property, but not with the intent to preclude the building of Mossbank. Motion carried. Recess and Reconvene: At 8:15 P.M. Mayor Lyon declared a recess. The meeting reconvened at 10:00 pm. upon completion of the Redevelopment Agency agenda. City Council Minutes January 15, 1996 Page 5 REGULAR BUSINESS: STOP SIGNS - BLOOMWOOD ROAD AT MT. ROSE (11204 x 1502) Senior Engineer Allison presented the staff report of January 15, and the recommendation to consider the Traffic Committee's recommendation to install three stop signs at the intersection of Bloomwood Road and Mt. Rose Drive. Speaking in favor of this installation were the following residents of the area: Jeanne Dambrosi, 1123 Bloomwood Road; Kathy Gonzales, 1108 Bloomwood Road; Kathy Khaledi, 1114 W. Bloomwood Road; and Gregory Kleve, 1120 W. Bloomwood Road. Ms. D'Amnbrosi presented a prepared statement which detailed the safety problems experienced on that street because of excessive speed by motorists. (Ms. D'Ambrosi's letter is on file with the City Clerk's Office.) The concerns of the other speakers also focused on the excessive speed and how installation of these suggested stop signs would serve to somewhat ameliorate the dangerous conditions on their street. Councilman Byrd moved, seconded by Councilwoman Ferraro to approve the staff recommendation and to install two stop signs on Mt. Hood at Bloomwood Road; additionally, that these stop signs would be installed for a six month trial period. Motion carried. ENCROACHMENT PERMIT PROCEDURE (1804 x 1203) Associate Planner Silverman presented the January 15 staff report and the recommendation that Council provide staff with direction regarding the amendment of the current city council policy adopted on May 15, 1984. Trish Malin, 43 Santa Catalina Drive, representing the Island View Homeowners Association explained their application for the vacation of a portion of Whitley Collins Drive and a request to allow the construction of a guard shack within a landscaped median located in the middle of the existing roadway. She said that the neighborhood was originally planned as a gated community, that the turning radius in the area is adequate, that it was not their intent to privatize the streets, but simply to increase safety for walkers and homeowners. Mr. John Malin also stated his support for this guard shack. After Council discussion of the process for approving such encroachments and whether they would first go to the Planning Commission and be appealed to the City Council, Councilman Byrd moved, seconded by Councilman McTaggart, that staff be directed to prepare a new policy statement to include guidelines for such encroachment permit applications which shall include provisions for Planning Commission review of all City Council Minutes January 15, 1996 Page 6 applications. Motion carried. WESTERN AVENUE PROJECT -AWARD OF CONTRACT (1203 x 1505) Senior Planner Rojas presented the January 15 staff report and the recommendation to award the contract to the consulting firm of Moore lacofano Goltsman, Inc. (MIG); and, authorize the Mayor and City Clerk to execute a professional services agreement with MIG to conduct a Western Avenue Community Participation Program for a cost of $23,100. Continuing with his report, Mr. Rojas summarized the Background on this 1994 departmental proposal to create a unified specific plan for the entire Western Avenue Commercial corridor. Additionally, he detailed the RFP Process and the Consultant Selection process which led to the recommendation of MIG. Representing MIG was Jim Oswald, Principal and Director of the Los Angeles Office, 4676 Admiralty Way, who gave an overview of his company's July 1995 proposal which outlined the proposed Work Plan which included various tasks: Project Initiation and Issues Identification Meeting; Project "Kickoff '/Initiation Meeting; Issues Identification Session with Special Interest Groups; Community Workshops; Community Workshop; Walking Tour and Issues Identification; Meetings\VWorkshops Presentations /Graphics; Community Workshop/Walking Tour/ Presentation Materials/ Graphics; and, Final Summary Report. He said that they have designed dozens of projects for communities through the state and county and overseas. Council discussion focused on the following: how revitalization of Western would benefit the City; how to the cooperation and participation of the City of Los Angeles and CALTRANS was important inasmuch as traffic should be a major part of this project; the time and effort spent on selecting these consultants and the fact that this was probably the best way to finally determine what the merchants in the area really wanted. Councilman Byrd moved, seconded by Councilman McTaggart to put this matter on hold for four months and use the Mayor's office to seek cooperation from the City of Los Angeles, CALTRANS and the Metropolitan Transportation Authority. The motion carried on a four - one vote with Councilwoman Ferraro voting no. PALOS VERDES ON THE NET (I 101) Senior Analyst Rick Otto presented the January 15 staff report and the recommendation to (1) support the efforts of the Palos Verdes on the Net; and (2) direct staff to forward to Palos Verdes on the Net any relevant City informatio and press releases for inclusion on their Internet Web site. City Council Minutes January 15, 1996 Page 7 Lois Larue spoke in favor of this matter. Ted Vegvari, 4033 Via Nivel, said that he developed this program over a year ago as a free community service. Councilman Byrd moved, seconded by Mayor Lyon to adopt the staff recommendation; additionally, that staff should develop a policy governing input to the Internet; that individual councilmembers advise through the City Manager's office what they putting on if publishing as a councilmember; however, members of Council can publish as individuals not representing the City. JULY 4TH _CELEBRATION (1201) Recreation Administrator Ron Rosenfeld presented the January 15 staff report and the recommendation to accept Conte Productions' proposal to produce the City's annual July 4TH Independence Day Celebration and authorize the Mayor and City Clerk to execute the proposed three -year agreement. Mark Conte, 212 Yacht Club Way, Redondo Beach, said that he was looking forward to doing another event for the City. Council inquired about the amount of money raised from the parking and how that defrayed expense to the City; and, about the possibilities of using .more local non - profit organizations such as the PV Symphony. Additionally, they suggested that more crafters be made a part of the celebration. Councilwoman Ferraro moved, seconded by Councilman Hollingsworth to approve the staff recommendation. Motion carried on the following roll call vote: AYES: FERRARO, McTAGGART, HOLLINGSWORTH, BYRD &MAYOR LYON. NOES: NONE CODE AMENDMENT NO. 34 (1203 x 1801) It was the consensus to continue discussion of this matter to February 6. REVIEW OF UTILITY TAX & 1972 ACT ASSESSMENTS (I 101 x 1501) City Manager Bussey presented the staff report of January 15 and the recommendation that Council direct staff to return by the end of March with documents for consideration by the Council which would repeal the Utility Users Tax (UUT),and to begin those steps City Council Minutes January 15, 1996 Page 8 necessary to place the matter of readopting the tax before the voters at an upcoming election. Continuing with his report, Mr. Bussey detailed the background on the adoption of this 3% utility user Tax and presented a detailed Analysis which focused on the following: Mid -Year Budget Review; Five Year Financial Projections; and, the 1972 Landscaping and Street Lighting Act. The fiscal impact of staff s recommendation cited that if the UUT tax was repealed at the end of March, the 1995 -96 fiscal year revenue loss from this source would be approximately $350,000. If the tax is place don the November 1996 ballot and approved by the electorate, the loss during the 1996 -97 fiscal year would still be approximately $600,000. However, if the ballot measure fails the City would sustain an annual reduction in revenue of about $1.4 million adjusted upward for inflation in each succeeding year. Councilman McTaggart moved, seconded by Councilman Byrd to instruct staff to continue to include the 1972 act in the budget and take the necessary steps to go through the annual public hearings. The motion carried on the following roll call vote: AYES: McTAGGART, FERRARO, HOLLINGSWORTH, BYRD AND mayor LYON NOES: NONE Council then discussed the use of the utility user tax revenue and the fact that it was being used to pave and build roads and, alternatively, what would be the result of reducing the tax to 2.5 %. Councilman Byrd moved, seconded by Councilman McTaggart, to maintain the utility tax at its current level and to place a question on the November 1996 ballot validating that tax. The motion carried on the following roll call vote: AYES: BYRD, FERRARO, McTaggart, HOLLINGSWORTH AND MAYOR LYON NOES: NONE PUBLIC COMMENTS: Lois Larue spoke to several matters: violation of the brown act; cost of press kit; and, the condition of the pipeline in the landslide area. City Council Minutes January 15, 1996 Page 9 ADJOURNMENT: At 12:10 A.M. the meeting adjourned on motion of Councilwoman Ferraro. 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