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