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CC MINS 19950705M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 5, 1995 The meeting of the Rancho Palos Verdes City Council was called to order at 7:00 P.M. by Mayor Lee Byrd at the Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: LYON, McTAGGART, BROOKS AND MAYOR BYRD ABSENT: NONE Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, Director of Planning, Building & Code Enforcement Bret Bernard, Public Works Director Trent Pulliam, Associate Planner Terry Silverman, Associate Planner Donna Jerex, City Attorney Carol Lynch, and City Clerk Jo Purcell. APPROVAL OF AGENDA Councilwoman Lyon moved, seconded by Councilman McTaggart to approve the agenda. Motion carried. APPROVAL OF CONSENT CALENDAR At the request of Councilwoman Brooks the General Municipal Election resolutions was moved to Regular Business for discussion. Councilwoman Brooks moved, seconded by Councilwoman Lyon to approve the Consent Calendar as follows: WAIVER OF FULL READING Adopted a motion to waive reading in full of all ordinances adopted at this meeting with consent to the waiver of reading deemed to be given by all councilmembers after the reading of the title. RESOLUTION NO. 95 -66 - REGISTER OF DEMANDS (602) ADOPTED RESOL. NO. 95 -66 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. CLAIM AGAINST THE CITY - KENNETH ACKERT (301 X 303) Rejected the claim and directed the City Clerk to notify the claimant. REGIONAL LAW ENFORCEMENT AGREEMENT (1101 X 1206) Authorized the Mayor and City Clerk to execute the Regional Law enforcement Services Agreement on behalf on the City. RESOL. NOS. 95 -67, 95 -68 APPEAL OF COASTAL PERMIT NO. 124 AND VARIANCE NO. 378 (1203 X 1804) Adopted (1) RESOLUTION NO, 95 -67 DENYING THE APPEAL AND VACATING THE PLANNING COMMISSION'S APPROVAL OF COASTAL PERMIT NO. 124 ASSOCIATED WITH VARIANCE NO. 378, THEREBY REQUIRING THE EXISTING EIGHTY -EIGHT (88) INCH HIGH FOUNTAIN LOCATED WITHIN THE FIFTY (50) FOOT FRONT YARD SETBACK AREA TO BE REMOVED OR REDUCED TO A MAXIMUM OF FORTY -TWO (42) INCHES IN HEIGHT; AND, TAKING NO ACTION WITH RESPECT TO THE PLANNING COMMISSION'S DECISION WITH REGARD TO THE INSTALLATION OF THE AFTER - THE -FACT LIGHTING SEAWARD OF THE BUILDING SETBACK LINE AND CONSTRUCTION OF A BAR AND BARBECUE AREA WITHIN SIDE YARD SETBACK AREA. (2) Adopted RESOLUTION NO. 95 -68 DENYING THE APPEAL AND OVERTURNING THE PLANNING COMMISSION'S APPROVAL OF VARIANCE NO. 378, THEREBY REQUIRING THE EXISTING EIGHTY - EIGHT (88) INCH HIGH FOUNTAIN LOCATED WITHIN THE FIFTY (50) FOOT FRONT YARD SETBACK AREA TO BE REMOVED OR REDUCED TO A MAXIMUM OF FORTY -TWO (42) INCHES IN HEIGHT; AND, TAKING NO ACTION WITH RESPECT TO THE PLANNING COMMISSION'S DECISION WITH REGARD TO THE INSTALLATION OF THE AFTER - THE -FACT LIGHTING SEAWARD OF THE BUILDING SETBACK LINE AND CONSTRUCTION OF A BAR AND BARBECUE AREA WITHIN THE SIDE YARD SETBACK AREA. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: LYON, McTAGGART, BROOKS AND MAYOR BYRD NOES: NONE GENERAL PLAN AMENDMENT INITIATION REQUEST LOCATION: 6108 PALOS VERDES DR. Soo (701 X 1203) Associate Planner Donna Jerex presented the staff report of July 5, 1995 and the recommendation to allow the applicant to proceed with a General Plan Amendment Initiation Request to change the land use designation from Residential (2 -4 dwelling units per acre) to Commercial Office. Lois Larue, 3136 Barkentine, said her home is directly above the site. CITY COUNCIL MINUTES JULY 5, 1995 PAGE 2 Council directed their discussion to whether there was sufficient time to complete the proposed code amendments prior to the processing of this amendment particularly as it related to the maximum height allowed for commercial sites; and, what was the nonconforming feature presently at that location. Property owner Robert Haase, 20 Seacove Drive, said he did not want to encourage a lot of activity at this site because he lives nearby himself; that his intention was to make it compatible with the neighborhood by downplaying the commercial use; and, that he had no intention of going to the maximum height of 35 ft. and therefore had no objection to a height restriction. Councilman McTaggart moved, seconded by Councilwoman Lyon to direct staff to initiate a General Plan Amendment and Zone Change to review this property, as well as the two adjacent properties, and to bring the land use into conformance with the current uses. Motion carried. NOTIFICATION OF RESTRICTED PARKING IN CONNECTION WITH INSTALLATION OF HANDICAPPED RAMPS (601 X 1204) Public Works Director Pulliam presented the staff report of July 5, 1995 and explained in detail the current policy and procedures concerning notification to residents when the City is making street .improvements such as slurry seal or overlay. In addition, he explained the current program of constructing handicapped sidewalk ramps in compliance with the American with Disabilities Act. Continuing, he explained the coordination between the overlay and the ramp installation and the notification procedure followed to inform residents of impending construction activity. Because of complaints received about the inconvenience experienced as a result of work not being completed as originally scheduled, Director Pulliam then explained the revised procedure for initial and subsequent notifications of parking restrictions for current and future street improvement programs. Along with the aforementioned programs, he then explained the construction of handicap ramps at all intersections where sidewalk improvements exist. Although there was a January 1, 1995 deadline, he explained that because of limited funds, the City, along with many other cities, chose to install the ramps over a period of several years and coordinate with other street improvement projects in various areas of the City. Council then discussed the provisions of this Federal mandate which cost approximately $700 to $800 per curb cut; the fact that noncompliance would result in harsh penalties; and, that probably the only way to get some relief from these requirements would be through a legislative change. Beyond that, however, concern was CITY COUNCIL MINUTES JULY 51 1995 PAGE 3 expressed about the safety of these ramps in light of the sloping terrain in many parts of the City. Apropos that concern, Council requested that the City Attorney prepare a discussion addressing the issue of liability in the event of accidents occurring in such areas. To get a change in this legislation, however, it was the consensus that a letter be sent to our U. S. senators and congressional representatives requesting that cities be given more flexibility in determining where these ramps should be installed. RESOL. NOS. 95 -69, 70 & 71 - NOVEMBER 71 1995 GENERAL MUNICIPAL ELECTION (301 X 501' City Clerk Purcell presented the staff memorandum of July 5 and the recommendation that Council adopt the following proposed resolutions: (1) CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 1995, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; (2) REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 1955; AND, ( 3) ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 1995. Council inquiries were directed at the rationale for consolidating with the County in light of concern about voter fraud and, moreover, the cost of complying with Federal and state language mandates It was the consensus that a letter be sent . to the County Board of Supervisors requesting that they be mindful of keeping election costs down. The following resolutions were presented by title and adopted on motion of Mayor Byrd, seconded by Mayor Pro Tem Lyon: (1) RESOL. NO. 95 -69 CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 1995, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; ( 2 ) RESOL. NO. 95 -70 REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF- LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 1955; AND, (3) RESOL. NO, 95 -71 ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT THE ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 1995. Motion carried. AUDIENCE COMMENTS: Harold Hermann, 8 La Vista Verde, said he had filed a claim against the City and would like to speak to the matter. Because this claim had already been referred to the City's CITY COUNCIL MINUTES JULY 5, 1995 PAGE 4 claims administrator Carl Warren & Co. and was scheduled for the July 18 City Council agenda, it was the consensus not to enter into a discussion on the matter. Mr. Hermann said he would return on July 18 to discuss his claim. Kathy Snell, Vanderlip Lane, reported that on weekends some bicyclists ride as many as five abreast on PV Dr. South and requested that the City enforce the single file rule. She requested that the Redevelopment Agency meetings start earlier; questioned the amount of staff time spent on the issue of horsekeeping; suggested that the gate at Abalone Cove Beach Park be closed at night; and, questioned the statement that the slide had been stopped. We regard to the concern bicycle safety, Council displayed the new sign soon to be posted on Palos Verdes Drive East discouraging that road as a bicycle route. It was pointed out that the gate at Abalone Cove Beach is indeed closed nightly and that the exit gate has a directional traffic device which prevent cars from driving in and out of the exit. The Redevelopment Agency meetings, it was pointed out, are held after the 8:30 P.M. Council recess. ADJOURNMENT: At 7:54 P.M. the meeting adjourned on motion of Councilman McTaggart. oR rmm 'vom. a:7595CCM JUL 5 95 CC MINS. CITY COUNCIL MINUTES JULY 5, 19 9 5 PAGE 5