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CC MINS 19910305M I N D T­E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 5, 1991 The meeting was cal led to order .at 6:30 P . M. by Mayor Hinchl if f e at the Hesse Park Community Center, 29301 Hawthorne Boulevard and was immediately recessed to a closed session. The regular meeting convened at 7:30 P.M. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BACHARACH, HUGHES, MCTAGGART, RYAN, AND MAYOR HINCHLIFFE Also present were City Manager Paul D. Bussey, Deputy City Manager Mark Rohloff, Environmental Services Director Robert Benard, Public Works Director George Wentz, City Attorney Carol Lynch, Assistant to the City Manager Pamela Antil and City Clerk Jo Purcell. The City'Attorney announced that a closed session had been held pursuant -to Government Code 54956(b) and the following matters were discussed: Stuart vs. the City of Rancho- Palos Verdes, Horan,, et al v. County of Los Angeles, County of Los Angeles Sanitation District No. 2, City of Rancho Palos Verdes, et al., Los_Angeles.Superior Court No. C294752; Peter and Daphne Clarke v. City of Rancho Palos Verdes, Los Angeles Superior Court Case No. 535 040; Citizens Against Underground Inc. v. City of Rancho Palos Verdes, et al'., Superior Court Case No. C 7240950 WAIVER OF FULL,READING Councilwoman Bacharach moved, ORDINANCES AND RESOLUTIONS seconded by Councilman McTaggart and carried to waive reading in full of a.11 ordinances and resolutions adopted at this meeting with consent to the waiver of reading deemed to be given by all council - members after reading of the title. APPROVAL OF AGENDA Councilwoman Bacharach moved, seconded by Councilman Hughes and carried to approve the agenda as presented. CONSENT CALENDAR .Lois Larue, 3136 Barkentine Rd., stated her objection to awarding the contract for the environmental consulting services for Tract Map. No. 46628 to Myra Frank & Associates. Award of contract services for preparation of the E.I.R for Via Colinita was removed from the Consent Calendar which was then approved as amended on motion of Councilwoman Bacharach, seconded by Councilman McTaggart. MINUTES ACCEPTANCE OF GIFTS FOR PARKS (1201) the 1991 summer concert series. Approved the minutes of February 19F 1991. Accepted the gifts for parks as designated in the staff report and appropriated the $3,600 for AWARD OF TREE TRIMMING CONTRACT Awarded the FY 1990 -91 street tree (1407) trimming contract to Trimming Land Company Inc. at a cost of $19,175, and provided a 10% contingency of $1,900, for a total authorized amount not to exceed $21,075. FISCAL YEAR 1991 -92 COMMUNITY DEVELOPMENT BLOCK GRANT-FUNDS (CDBG) (601) RESOLUTION NO. 910-10 DENYING MINOR EXCEPTION PERMIT NO. 380 (1804 ) Approved the expenditure of an additional $8,127 of the 17th year CDBG Funds. Adopted RESOLUTION NO._91 l0 DENYING MINOR EXCEPTION PERMIT NO. 380 - APPEAL AT 91 MARGUERITE DRIVE. TRANSFER OF STREET LIGHTS AND Authorized the Mayor and the City LIGHT MAINTENANCE DISTRICTS TO Clerk to sign the proposed agreement SOUTHERN CALIFORNIA EDISON transferring street lights within COMPANY (1405) Rancho Palos Verdes to Los Angeles County as part of a transfer of all lights to Southern California Edison Company. PALOS VERDES VILLAGE HOMEOWNERS Awarded a $220 grant to the Palos ASSOC. RECYCLING GRANT (1301) Verdes. Village Homeowners Assoc. RESOLUTION NO. 91 -11 REGISTER OF DEMANDS ENVIRONMENTAL CONSULTING SERVICES FOR VESTING TENTATIVE TRACT MAP NO.-46628- MARUFUJI /COASTAL SUBREGION 1. (1411) Adopted RESOLUTION NO. 91 -8 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. Authorized the Mayor and the City Clerk to execute.a contract with Myra Frank & Associates to provide environmental consulting services to the City to review the E.I.R. for vesting Tentative Tract Map No. 46628. The motion to approve the consent calendar carried on the following roll call vote: AYES: BACHARACH, HUGHES, McTAGGART, RYAN, AND MAYOR HINCHLIFFE CITY COUNCIL -2- MARCH 5, 1991 AWARD OF CONTRACT FOR Speaking to the item concerning the CONSULTING SERVICES FOR Environmental Impact Report for PREPARATION OF E.I.R. Via Colinita was Stan Heifetz, 2043 VIA COLINITA VEHICULAR USE General St., who inquired-how the (1502) issue of safety was being addressed in the E.I.R. Lois Larue, 3136 Barkentine Rd., questioned the choice of Envicom as the company to perform this E.I.R. Keith Reynolds, 30745 Tarapaca Rd., representing the E1 Prado Estates Homeowners Assoc., submitted a prepared statement explaining the Association's opposition to closure of Via Colinita. Council then inquired how the price of $20,000 was arrived at by staff*; how the issue of safety be addressed in- house; what would happen in the case that additional alternatives would have to be examined; and, the cost for their consideration. Discussion concluded with the consensus that in the event alternative routes were identified the cost of the contract would be increased as much as $5,500. Councilman Hughes moved, seconded by Mayor Hinchliffe to adopt the staff recommendation to award the contract to Envicom Corporation for the preparation of ' a focused EIR for the proposed Via Co 1 inita vehicular use restriction project in an amount not to exceed $20,000. The motion carried on the following roll call vote. AYES: BACHARACH, HUGHES, McTAGGART, RYAN, AND MAYOR HINCHLIFFE RECYCLE LOTTERY (1301) The Mayor announced the winner for the month of February, Constance Ostergard, 38 Rockinghorse Rd. The Mayor then gave an update on the statistics for the collection of recyclables which resulted in an income of $16,000 from their sale since the beginning of 1991. The Mayor also announced that plastic containers with the designation PET No.l and HDPE No. 2 could also be included in the recyclable aluminum bin. CLASSIFICATION STUDY - RECREATION Deputy City Manager Rohloff AND PARKS DEPT. (1201 X 1202) presented the March 5th staff memorandum to approve the class- ification plan and recommendations as outlined in the reports by.staff and summarized in Exhibit "A ". His report contained a review of the various positions in the Parks and Recreation Dept. Recreation Program Supervisor; Staff Assistant Series; Administrative Staff Assistant; and, the Point Vicente Gift Shop Buyer. Council inquired whether the titles suggested in the classification CITY COUNCIL -3- MARCH 5, 1991 study were applicable elsewhere in the City, and how these titles compared with titles used in other cities. Lois Larue, 3136 Barkent ine Rd., urged the Council to put the responsibility for the disaster preparation in the City Manager's office. Councilwoman Bacharach moved, seconded by Councilman Hughes to adopt the staff recommendation. The motion carried on the following roll call vote: AYES: BACHARACH, HUGHES, MCTAGGART, RYAN, AND MAYOR HINCHLIFFE PUBLIC HEARINGS: DEVELOPMENT CODE AMENDMENT- Environmental Services Director VIEW RESTORATION (1801) Benard presented the March 5th staff memorandum and the recommendation to introduce an ordinance amending the View. Preservation Ordinance and amending the Rancho Palos Verdes Municipal Code. . Council inquired if items such as erosion control were considered part of the issue of public health, safety and welfare ; whether replacement vegetation could be planted prior to the removal of the old vegetation; and, if the View Restoration Committee had considered such mitigating measures. John Sharkey, 30320 Avenida de Calma, speaking in opposition to the adoption of this ordinance, presented a prepared statement. (Mr. Sharkey's statement is on file with the City Clerk's office.) Mr. Ronald Ross, 5074 Silver Arrow Dr., said that he had studied' the ordinance carefully and it was*his opinion that it is probably invalid on certain constitutional grounds. He recommended that . the City Council have the ordinance reviewed by independent counsel. Warren Sweetnman, representing the View Restoration Committee, 7 top .Rail, requested that the City Council adopt this amendment. Roy Fulwider, 28219 Hazelridge, objected to the possibility that trees would be trimmed back to stump level because this would not stop erosion and questioned if the Council had the authority to change this ordinance. A brief Council discussion then ensued about whether the Council should hear View Restoration appeals and if the City had the authority to amend this ordinance which had been adopted through the initiative process. ORDINANCE NO. 262 OF THE CITY OF RANCHO PALOS VERDES AMENDING THE VIEW PRESERVATION AND RESTORATION ORDINANCE AND AMENDING THE RANCHO CITY COUNCIL -4- MARCH 5, 1991 PALOS VERDES MUNICIPAL CODE was read by title and introduced on motion of Councilman Hughes, seconded by Councilman Ryan. The motion carried. RECESS AND RECONVENE At 9:05 P.M. the Mayor declared a recess. At 9:15 P.M. the meeting reconvened. AUDIENCE QUESTIONS: Responding to the Mayor's call for audience questions was ,lean Nerko, 6 Packet Road, who inquired about the right of foreign citizens to address the City Council. Lois Larue, 3136 Barkentine Rd., summarized the decision on the case involving the Pacific Legal Foundation regarding water rights and usage. She requested -that the City - consider a moratorium on new development until the water shortage issue had been settled. In response to Council inquiry, the City Attorney stated that she was presently preparing an opinion on the powers of the City to adopt a moratorium because of.the drought. Roy Fulwider, 2821.9 Hazelridge, complained about the condition of the walls along Hawthorne Boulevard and suggested that some recycling funds be used for their repair. RESOLUTION NO. 91 -9 - Director Benard presented the PLANNING FEE REVISION (1801) March 5th staff memorandum and the recommendation to adopt a - resolutio establishing a $75 fee to revise a View Restoration Permit application before the staff report is prepared and a $145 fee to revise an application after the staff report is issued. Speaking in opposition to this fee was Mr. John Sharkey, 30320 Avenida de Calma, who questioned the method used in arriving at these fees. (Mr. Sharkey presented a prepared statement which is on file with the City Clerk's office.) ` The City Manager stated that staff is presently preparing a policy for all f ees and that a resolution will be forthcoming for City Council adoption. RESOLUTION NO. 91 -9 ADOPTING A NEW FEE IN THE DEPARTMENT OF ENVIRONMENTAL SERVICES FOR REVISING VIEW RESTORATION .PERMIT APPLICATIONS was presented by title and adopted on motion of Councilman Hughes, seconded by Councilwoman Bacharach and carried. LADERA LINDA COMMUNITY CENTER - Director Thomas presented the CANYON VERDE PENINSULA COLLEGE March 6th staff memorandum and (1201) the recommendation that (1) the Council establish an annual rental rate of $1996.80 for the use of Room H at Ladera Linda Community CITY COUNCIL. -5- MARCH 5, 1991 Center by Canyon Verde Peninsula College; (2) direct staff to assist the applicant with satisfaction of the City's Conditional Use Permit Process; and (3) direct staff to prepare an agreement for such use at the completion of the CUP process. Roslyn Stewart, 2903 Vista Del Mar, told the Council that she was in agreement with the staff report except as it applied to the rental charge. She told the Council that the school will pay all applicable business license fees and contract for maintenance and that they are securing the necessary indemnification and insurance. She said that she agreed with the staff that in -kind services should not be -considered in establishing the rental rate. She requested a storage area and a small.off ice space and urged the Council to waive the rental fee and allow for in -kind services even.if they are token. Council then inquired about the projected enrollment for the school., and, whether the storage would be inside or exterior. Councilman Ryan moved, seconded by Councilman McTaggart that the college be allowed free rent for the first year, that the staff keep track of in -kind services and that they be evaluated and credited to the following year's rental rate. The motion carried on the following roll call vote: AYES: BACHARACH, HUGHES, McTAGGART, RYAN, AND MAYOR HINCHLIFFE GENERAL PLAN AMENDMENT Director Benard presented the INITIATION REQUEST - PROPERTY March 5th staff memorandum and the ADJACENT TO MARYMOUNT COLLEGE recommendation to deny the proposed. (701) General Plan Amendment Initiation Request. He summarized the background contained in the staff report and the discussion of this item at the October 2, 1990 meeting where the same application was denied without prejudice. He described the property as a gentle slopping vacant 3.9 acre site located within the curve of a large switchback along Palos Verdes Dr. East. Speaking in opposition to this initiation for amendment were David and Roslyn Stewart, 2903 Vista Del Mar.. They expressed their concern about the size of the proposed lots and questioned the project's compatibility with the neighborhood. Neal Blaney, 1531 west Ninth St., Los Angeles, Director of Real Estate for the Archdiocese of Los Angeles, spoke on behalf of the applicant and said that the Catholic Church originally acquired this property for a parish church site but that it became evident that such a parish would not be needed. The land is now considered surplus property and the church wants to sell it. He said that offers have been made to Marymount but no response had ever been received. Also representing the applicant was their attorney David Belasco, CITY COUNCIL -6- MARCH 5, 1991 Latham & Watkins, 633 West Fifth St., Los Angeles, who told the Council that they were willing to work with the college to help resolve their parking problems; that they have met-with the homeowner associations in the area and that everybody had raised the issue. of parking. He said that it was the intent of the applicant to build an RS 2 -RPD and that they were willing to work with the City in addressing any concerns. He said that an RPD could protect views and control the size of the homes and the project would be a benefit to the community. He said that the building of homes would have less impact on the community than institutional use of that property. ,John Burke, the applicant's architect, said that by approving the initiation request it would enable them to start helping the college by way of donating time and money to solve the parking problem. Responding to Council's inquiry, he said that the homes proposed for the site would be in the range of 4,00.0 to 5,000 square feet. Representing Marymount was Sister Antoine - Marie, 30800 Palos Verdes Drive East, who stated that homes in that area would create a negative impact and.{,that the development of this property is a long term goal of the college. John Reeves, representing Marymount, told the Council that Marymount has made offers in the past -and that the Board of Trustees has decided that this is an important issue. Council then inquired about the status of Marymount meeting the conditions of the recently issue Conditional Use Permit, particularly the parking and the ride -share program. Earle T. Cas.ler Jr., 3324 Narino Drive, presented pictures of the property -in question and told the Council that he has lived in the area for twenty -three years. He said that only 1.8 acres of the property is developable, that the view from that area provides a magnificent view of Santa Catalina and that open space would be the best use of that property. He was concerned about having his view blocked by.the proposed houses. A lengthy discussion then ensued about the pros and cons of residential versus institutional use of this property and the number of units that could be built on the property. Councilman Ryan moved, seconded: by Councilman McTaggart to initiate a General Plan Amendment. Additional Council discussion ensued about the justification for consideration to change the zoning from institutional to residential. The motion proposed died on the following roll call vote: CITY COUNCIL -7- MARCH 5, 1991 AYES: RYAN AND MCTAGGART NOES: BACHARACH,.HUGHES AND MAYOR HINCHLIFFE. Councilman Hughes moved, seconded by Councilwoman Bacharach to deny the General Plan Initiation request. The motion carried on the following roll call vote: AYES: BACHARACH, HUGHES, MCTAGGART, AND MAYOR HINCHLIFFE NOES: RYAN RECESS AND RECONVENE: At 11 :32 P.M. the Mayor declared 'a recess. At 11:40 P.M. the meeting reconvened. HAWTHORNE BOULEVARD - OVERLAY Director Wentz presented the March AND IMPROVEMENTS (1404) .5t.h staff memorandum.and the recommendation that the City Council approve the conceptual design for the Hawthorne Boulevard /Granvia Altamira Project. The Director made a video presentation of the project area as it presently exists: the parkway areas and the intersection of Hawthorne Boulevard and Granvia Altamira. With the use of traffic cones this video depicted the area on Granvia. Altamira where staff recommended installation of the median. Speaking in opposition to the installation of a median was Roy Fulwider, 28219 Hazelridge, who described the flow of traffic during the peak hour and how the median would impede that flow . The Council next deliberated on the traffic patterns in the area of Hawthorne and Granvia Altamira and, in particular, how a median might effect the flow of traffic. Also discussed were conflicts that presently exist in that area, especially in the instances when people drive across Granvia Altamira from the gas station to the convenience store. Councilwoman Bacharach moved, seconded by Councilman Ryan that the staff should bid this project in separate components and that the median would be an alternative bid item. It.was the consensus that to test the effect of a median, that staff should first stripe -the area to determine the effects. GENERAL PLAN AMENDMENT Director Benard presented the March INITIATION REQUEST TO 5th staff memorandum and the _ INCORPORATE THE TRAIL recommendation to approve the pro - DEVELOPMENT POLICY INTO THE posed General Plan Amendment THE GENERAL PLAN (701) Initiation request. Councilman Ryan moved, seconded by Councilwoman Bacharach to adopt the staff recommendation. The motion carried unanimously. CITY COUNCIL -8- MARCH 5, 1991 COMMUNITY HELPLINE REQUEST Director Thomas presented the March FOR WAIVER OF FACILITY USE FEE 5th staff memorandum and the (1201) recommendation if it is the desire of Council, waive applicable facility use fees for the Community Helpl ine' s April 13th use of Hesse Community Park. Council then reviewed the various charges listed and whether those items should be waived in view City has an adopted policy for facility f ees, and would be waived for other similar organizations. on the fact that the City made a contribution to earl ier , in the fiscal year. on the staf f report of the fact that the whether such fees They also commented this organization Councilman Ryan moved, seconded by Councilman McTaggart to-charge the He l pl ine a fee of $75 f or the use of the facility. The motion carried on the following roll call vote: AYES: BACHARACH, McTAGGART AND RYAN NOES: HUGHES AND MAYOR HINCHLIFFE DIAL -A -RIDE PROGRAM Director Wentz presented the (1505) March 5th staff memorandum and the recommendations (1) That the City Council approve a budget allocation of $40,000 for the Dial -A -Ride program for the 1991 -92 fiscal year beginning July 1, 1991; and (2) That the City Council approve an expenditure of up to $20,000 for the purchase of two vehicles and radios for the Dial -A -Ride program. Councilman Ryan moved, seconded by Councilman Hughes to adopt the staff recommendation. The motion carried on the following roll call vote: AYES: BACHARACH, McTAGGART, HUGES, RYAN, AND MAYOR HINCHLIFFE CITY COUNCIL /VIEW RESTORATION Director Benard presented the March COMMITTEE MEETING (1801) 5th staff memorandum and the recommendation to establish a meeting date for a joint City Council /View Restoration Committee meeting. It.was the consensus that the - Council would meet with the View Restoration Committee on Thursday, April 18th at 6:00 P.M. at Hesse Park. CITY COUNCIL -9- MARCH 5. 1991 STATUS OF DIRECTIVES: Council briefly inquired about the signal at: Hawthorn -e Boulev rd= a-nd Silver Spur and staff reported on its monitoring of that area. With regard to the Development. Code revision, Council requested that the timeline indicate when a preliminary draft would be presented to them f or review . ADJOURNMENT: ATTEST. Y C Ty CLERK At 12:35 P.M. the meeting adjourned on motion of Councilwomafi Bacharach. CITY COUNCIL -10- MARCH 5, 1991