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CC MINS 19900220 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL CITY COUNCIL REGULAR MEETING FEBRUARY 20-, 1990 The meeting was called to order at 7: 30 P.M. by Mayor Melvin W. Hughes at Hesse Park Community Center, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file. The Pledge of Allegiance to the flag was then recited. Roll call was answered as follows. PRESENT: McTAGGART, HINCHLIFFE, RYAN, BACHARACH AND MAYOR HUGHES Also present were City Manager William Cornett, Jr. , Deputy City Manager Mark Rohloff, Environmental Services Director Robert Benard, Public Works Director George Wentz , City Attorney Ariel P. Calonne, Recreation and Park Director Mary Thomas and City Clerk Jo Purcell . CEREMONIAL MATTERS Mayor Hughes presented a ceremonial proclamation to former Planning Commissioner Luella Wike, in appreciation for her term on the commission from December, 1983 to January, 19900 The City Attorney announced that it would be necessary to hold a closed session at the end of the meeting to discuss personnel issues. Councilman Hinchliffe so moved, seconded by Councilman McTaggart and carried. WAIVER OF FULL READING Councilwoman Bacharach moved, ORDINANCES AND RESOLUTIONS seconded by Councilman McTaggart and carried 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 reading of the title of such ordinance or resolution. APPROVAL OF AGENDA The agenda was approved on motion of Councilman Hinchliffe, seconded by Councilwoman Bacharach and carried. CONSENT CALENDAR After removal of Grant Application and Project changes to the end of the agenda the Consent Calendar was approved as follows on motion of Councilman Hinchliffe, seconded by Councilwoman Bacharach. The Mayor also presented a ceremonial plaque to former City Manager Dennis McDuffie, for his tenure of office from September 22, 1986 to January 31 , 1990 . MINUTES Approved the minutes of January 8th and January 30 , 1990 TRACT NO. 40640 - RELEASE Released the street maintenance OF STREET MAINTENANCE BOND bond for Tract No. 40640 (1411 ) (Lunada Pointe) . CLAIM AGAINST THE CITY - Rejected the claim and directed FU-CHUAN CHENG the City Clerk to notify the ( 303) claimant. RESOLUTION NO. 90-09 - Adopted RESOLUTION NO. 90-09 REVISION OF GRADING APPROVING A REVISION OF APPLICATION NO. 1010 GRADING APPLICATION NO. 1010 . (1801 ) RTD LINE 685 AGREEMENT - Authorized the Mayor and WITH THE CITY OF TORRANCE City Clerk to sign an agree- TO SHARE COST OF OPERATION ment with the City of Torrance (1505) to share equally in the cost of operating line 685 . RESOLUTION NO. 90-10 Adopted RESOLUTION NO. 90-10 REGISTER OF DEMANDS ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: McTAGGART, HINCHLIFFE, RYAN, BACHARACH AND MAYOR BACHARACH NOES: NONE It was the consensus to change the order of the agenda and to discuss the item regarding the traffic on Via Colinita as the first item as business. CITY COUNCIL -2- FEBRUARY 20,1990 VIA COLINITA -MODIFICATION Public Works Director Wentz OF TRAFFIC ( 1502) presented the following recommendations (a) uphold the Traffic Committee' s denial of the request to make Via Colinita a one-way street from Enrose to Miraleste Drive; (b) direct staff to prepare stopping regulations for several intersections within that section of Eastview. Speaking in opposition to modifying the traffic pattern on Via Colinita were the following: Sue Moore, 2120 Crestwood Street; Brad Veek, 30523 Santa Luna Drive, representing the E1 Prado Homeowners Association; and Paul J. Garmus , 3324 Seaclaire Drive. These speakers cited the inconvenience caused by modifying the traffic pattern and also cited the number of people that use this street to get to and from such places as the library and the shopping center on Western Avenue. Speaking in support of modifying the traffic pattern were the following: Carol Donahue, 29679 Enrose Ave. , who read a prepared statement. (Ms. Donahue' s statement is on file with the City Clerk' s Office. ) Dermot McGettigan, 2072 Trudie Drive; Nick Agid, 2062 Trudie Drive; Marta Houske, 2062 Trudie Drive, who read a prepared statement. (This statement is on file with the City Clerk' s Office. ) Edward Raw 1 inson, 29214 Trotwood Ave. ; and Stan Heifetz , 2043 General Street. These residents of the area described the safety hazards and the affects of using Via Colinita as a cut through street. Among their concerns was the fact that this roadway carries 5,600 vehicles during a 24 hour period. They also cited the excessive speed of vehicles going downhill and stated that modifying the traffic to flow one-way would be a fair compromise in facilitating this traffic flow. Councilman McTaggart moved, seconded by Councilman Ryan that Via Colinita be made a one-way street from Enrose to Miraleste Drive; that the staff contact the City of Los Angeles and Cal Trans regarding timing of the signals at First Street and 9th Street. ; and, that staff study the . environmental assessment necessary for this traffic modification. Council discussion then centered on the pros and cons of whether this modification should be for a six month or a one year period and the length of time it would take to prepare the necessary Environmental Assessment Study. It was the consensus that this modification would be for a one year period. Staff was directed to prepare an environmental review related to the proposed one-way traffic and present to Council as early as possible. Staff was also directed to publish notification of the hearing on this matter in the San Pedro News Pilot, CITY COUNCIL -3- FEBRUARY 20, 1990 RECESS At 9: 40 P.M. the Mayor declared a recess. At 9: 55 P.M. the meeting reconvened. AUDIENCE QUESTIONS Florence McTaggart, 6916 Purpleridge Dr. , told the Council about her concerns about a pit bull in that neighborhood who had now attacked a person for a second time. She requested that the City take some action to prevent a further incident of this kind. John Aha, 6733 Abbottswood Dr. , requested that the Council strengthen the vicious animal ordinance. He described the attacks that his wife and other people have sustained because of a pit bull in the neighborhood named Tyson. Also speaking about this matter was Barbara Dye, 7035 Hartcrest Dr. , Safety Chairwoman of the Vista Grande P.T.A. who suggested that the P.T.A. be apprised of any dangerous dogs in the neighborhood. John Clayton, 4132 Stalwart Dr. , summarized the history of an addition built by his neighbor. He complained about the height of the chimney on this addition and described how it blocks his ocean view. Since some question existed about the legality of the height of the chimney, this matter was referred to staff to be reported on at the March 6th meeting . Tom Coull , representing the Island View Homeowners Association, 49 Santa Catalina Dr. , requested clarification of the trail on Crenshaw near Seacrest. He described that this trail is partially in the public-right-of-way but also a portion of it is on privately owned land. He inquired whether pedestrian, bike and equestrian traffic could traverse this area. He also inquired about the additional cost of maintaining this trail with this anticipated public use. Inquiring about the Snake Canyon Trail , he said that this is on private property and he asked whether this was an equestrian or a bike trail and if the City would provide a Hold Harmless Agreement to the Island View Homeowners Association in the event of an accident. Council clarified the fact that this trail system is a plan and as each trail is implemented there will be a series of public hearings on that implementation. The City Attorney suggested that Mr. Coull consider posting a private property sign to protect the homeowners association from liability. Lois Larue, 3136 Barkentine, referred to an earlier report made by her regarding home loans in the area of Crest Road and Forrestal . She reported that the notification regarding those loans had been sent to the Federal Home Loan Bank and not to Home Savings and Loan. On an unrelated CITY COUNCIL -4- FEBRUARY 20, 1990 issue, she complained that the bulldozers at the A&H development are tearing down the terraces in that area. MULTIPLE FAMILY RESIDENTIAL The Public Works Director REFUSE AGREEMENT ( 605 X 1301 ) requested that this item be continued to March 6th. Chuck Ingraham, representing the Ridgegate Homeowners Association, 28181 Ridgecove Court, told the Council that his homeowners association consists of 352 families and that they presently have an agreement with Waste Disposal for refuse pick-up. Pointing out concerns about the City' s proposed agreement on multiple family residential refuse he was particularly concerned about the monthly rate that the Association is now paying versus the proposed rate in the City' s agreement. Councilman Hinchliffe moved, seconded by Councilwoman Bacharach and carried to table this item until the March 6th meeting. CROSSING GUARDS ( 1503 ) City Manager Cornett presented the staff report of February 20th and the recommendation that the City Council establish a policy for the employment of crossing guards where state warrants are not met, if assured that private or alternate sources of funding are provided in advance. Referring to the educational code, particularly the section dealing with crossing guards, the City Attorney explained that in order to provide a crossing guard for the school it would be necessary for the City to have a written agreement with the School District. Council discussion then centered on the appropriateness in using recycling funds for this crossing guard; whether there was a real need for one at the school ; the fact that a crossing guard would cost more than $1 , 500 and that the remainder of the money would have to come from elsewhere; and, whether permitting a guard at this area when the warrants were not met was an admission that there was a safety problem in this area. Barbara Dye, Safety Chairwoman of the Vista Grande P.T.A. told the Council that the P.T.A. lost their revenue because of their participation in the City' s recycling program and also explained how that organization is prohibited from paying the salaries for a crossing guard. Additional Council discussion ensued during which it was discussed whether additional requests were forthcoming from other elementary schools in the City and the cost of providing guards for them too. CITY COUNCIL -5- FEBRUARY 20, 1990 Councilman Hinchliffe moved, seconded by Councilwoman Bacharach to refer this back to staff for an analysis of the cost of providing crossing guards at elementary schools. WALLACE RANCH ( 1201 ) Councilwoman Bacharach moved, seconded by Councilman Hinchliffe and carried to adopt the staff recommendation that the City Council table discussion until March 6, 1990. GEOTECHNICAL BOARD OF APPEALS Councilwoman Bacharach moved, (106 X 201 ) seconded by Councilman Hinchliffe to adopt the staff recommendation to ( 1 ) Reappoint all current members of the Geotechnical Board of Appeals: Arthur Keene, Monte Ray, Dr. Bing Yen, Joseph Montagna and Dr. Perry Ehlig to serve to serve until December 1993 , and ( 2 ) appoint Dr.Perry Ehlig to be chairman. Council then inquired whether the decisions made by this Board were appealable to the City Council . The motion carried on a 4-1 vote with Councilman Ryan voting in opposition. HESSE COMMUNITY PARK - Recreation and Parks Director SCHEDULE OF PUBLIC MEETINGS Mary Thomas presented the (1201 ) staff recommendation to schedule all needed additional public meetings on the second, fourth and fifth Thursdays; and, set aside Thursday evenings for the purpose of conducting additional public meetings in the multi-purpose room at Hesse Park and reset dates for pre-screening workshops if necessary. Council then discussed the necessity of holding prescreening workshops at the Hesse Park facility, and the amount of time this room was used for meetings versus recreational purposes. Councilman Hinchliffe moved, seconded by Councilman McTaggart and carried to reserve Monday and Thursday nights at the Hesse Park multi-purpose room for the next three months and to reconsider this arrangement prior to the issuance of the summer recreation brochure. GRADING PERMIT NO. 1322 The City Attorney presented APPEAL - PARTICIPATION BY his February 20th COUNCILMEMBER ( 1411 x 1801) memorandum which concluded with the opinion that the filing of an appeal by a councilmember did not automatically establish bias on the part of the appellant which would make participation as a decisionmaker inappropriate in light of CITY COUNCIL -6- FEBRUARY 20, 1990 the constitutional due process notions. However, if the Councilmember became "personally embroiled" in the matter then he or she would become incapable of rendering a fair, unbiased decision and in that case he would recommend refraining from participating in the decision. For the record Councilman McTaggart stated that this project does not affect his view, nor does he live in the approximate immediate area and that he is not personally embroiled in the situation. Environmental Services Director Benard presented the staff memorandum of February 20th and the recommendation of the Planning Commission to deny the appeal thereby approving the project as submitted. The recommendation of the staff was to uphold the appeal , thereby denying the proposed grading. Representing the applicant was Liza Gunaratna, 4205 Alonzo Avenue, Encino, who told the Council that she has complied with all of the guidelines; and, that the new grading ordinance had not been published when she applied for this grading permit. She said that in meeting the City' s criteria that several features had to be eliminated from the house. She requested that Council approve the grading inasmuch as there would be no visual impact on the neighborhood. Council then discussed the fact that when the lots for this subdivision were initially approved a buildable "envelope" was assigned to each lot and that it was never the intention to allow grading down in such a mass as proposed by this project. Tim Burrell , also representing the applicant, told the Council that the individual homebuyers have purchased these lots and have regraded them. He stated his opposition to the opinion that too much grading would take place at this location. Council then discussed the fact that this house could not be seen from the road, and how this amount of grading could occur on other lots in this development. Councilman Hinchliffe moved, seconded by Councilman McTaggart to uphold the appeal and that staff should prepare a resolution with detailed findings. CITY COUNCIL -7- FEBRUARY 20, 1990 Additional Council discussion ensued wherein concern was expressed about what the guidelines would enforce; and the fact that the homes foreseen for these lots were expected to be in the 4,000 square foot range rather then the larger homes being proposed today. It was Council ' s consensus that staff should additionally prepare grading guidelines for Council ' s examination. The motion carried on a 3-2 vote with Council- members Bacharach and Ryan voting in opposition. The suggestion was made that the applicant should work with the staff on this project and come back with something within the guidelines. It was the consensus that the applicant could be heard the next time this is brought to Council . Another discussion ensued regarding the minimum and or maximum amount of grading that would be allowed considering the guidelines under study by staff. The suggestion was made that at sometime in the future staff should consider preparing standards and not guidelines for administering these requirements. CONDITIONAL USE PERMIT NO. 23 The Director of Environmental APPEAL (1804 X 1801 ) Services Benard presented the Planning Commission' s recommendation to dismiss the appeal thereby upholding the conditions of approval . Staff recommended Council sustain the appeal and conditionally approve a modified wall design. The applicant Kevin T. Sears, 3324 Palo Vista Drive, summarized his appeal letter of January 24, 1990 wherein he explained the review and approval process that he went through with the City staff . (This letter is on file with the City Clerk' s office. ) It was his understanding that the wall dial not retain three feet of soil and was constructed . prior to the new code on walls and fences. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to uphold the Planning Commission recommendation to dismiss the appeal with conditions and that staff prepare a resolution with the findings. Councilwoman Bacharach moved, seconded by Councilman Ryan to change the order of the agenda. Motion carried. CITY COUNCIL REPORTS. LOS ANGELES COUNTY SHERIFF City Manager Cornett presented TRAINING REQUEST ( 1206) the staff memorandum that the Council authorize fundings for CITY COUNCIL -8- FEBRUARY 20, 1990* the two County Sheriff' s officers assigned to Rancho Palos Verdes to attend the Asian Street Gang Conference, as requested; and, that transfer of $250 be authorized from the City Manager' s conference budget. Representing the L.A. County Sheriff' s Department were Lt. Mike Savidian and Patrol Sergent Jim Sulley. They explained the training involved in this seminar. Council expressed interest in being informed by the Sheriff' s Dept. of any gang activity occurring in the City. Councilman Ryan moved, seconded by Councilman McTaggart to approve the recommendation. The motion carried on the following roll call vote: AYES: McTAGGART, HINCHLIFFE, RYAN, BACHARACH AND MAYOR HUGHES. (At 12: 50 A.M. Councilman Ryan was excused from the meeting) GTE- CABLE TELEVISION ( 605) Mayor Hughes reported that the representative from General Telephone had a proposal to make regarding the entry of the phone companies into the cable television industry. Representing General Telephone was Kevin Peterson, who read from a prepared statement which explained GTE' s role in the entry of telephone companies into the video service business. (Said letter is on file with the City Clerk' s office. ) Council discussion then centered on whether phone users would be underwriting this venture and, on an unrelated matter, Council inquired when the telephone companies anticipated removing the sur-charge for touch tone telephones. It was the consensus that this item would be placed on the March 6, 1990 agenda. GRANT APPLICATION - Councilwoman Bacharach moved, RESOLUTION NO. 90-11 - seconded by Councilman ROBERTI Z'BERG-HARRIS Hinchliffe and carried to adopt (1201 ) the staff recommendation to ( 1) direct staff to notify the State of California of its intention to change project designations from Purchase of Portuguese Bend Fields to construction of Eastview Park for the City' s 1986 and 1988 parklands Bond Acts. ( 2) Adopt a Resolution making application for the City' s allocation from the 1989/90 Roberti Z'Berg-Harris urban Open Space and Recreation Program for construction of Eastview Park. CITY COUNCIL -9- FEBRUARY 20, 1990 Resolution No. 90-11 APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM FOR CONSTRUCTION OF EASTVIEW PARK was presented by title and adopted on motion of Councilwoman Bacharach, seconded by Councilman Hinchliffe and carried. CITY COUNCIL REPORTS: LEAF BLOWERS ( 801) Councilman McTaggart recommended that the City Council give consideration to banning leaf blowers. Council then discussed whether the staff had determined what restrictions were placed on leaf blowers by the City of Pasadena; if this was an issue of health and noise; if the problem now was any different than it had been last year; the enforcement problem involved in partial banning; and, whether a total ban would be the only effective way to deal with leaf blowers. No action was taken on this item. PARTY ORDINANCE Councilman McTaggart reported that other Cities are charging people for the cost of police protection for parties that get out of control . It was the consensus that staff should look at ordinances adopted by other cities dealing with this issue and report back to Council with a proposed ordinance. Council also requested that staff bring back the revisions on the false alarm ordinance. RECESS At 1 : 35 P.M. the Mayor declared a recess. At 1 : 40 the meeting reconvened. CITY MANAGER REPORTS: STATUS OF COUNCIL DIRECTIVES Council requested that an item regarding the elimination of encroachments be put on this status of directives. FAIR POLITICAL PRACTICES The City Clerk presented the RESPONSE ( 501 ) memorandum of February 20th to receive and file the December 26 , 1989 response from the Fair Political Commission. CITY COUNCIL -10- FEBRUARY 20, 1990 After discussion of whether the City Clerk' s office had an obligation to pursue this issue it was the consensus that the City Attorney would contact the Commission to find out the Clerk' s obligation in this matter. DRESS CODE ( 1202) The City Attorney presented his memorandum of February 20th and summarized his opinion. It was the consensus that the this matter would be referred to the City Manager. VIDEOS, TAPES AND PUBLIC The City Attorney summarized RECORDS ( 307) his February 20th opinion regarding the retention of video and audio tapes. He stressed the fact that it was important that the City have the ability to respond to a request for a copy of the audio tape of City Council meetings. WOBBLER ORDINANCE The City Attorney summarized (103 X 1103 ) his February 20th opinion regarding this wobbler ordinance. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe that the City Attorney prepare such an ordinance for adoption by the City Council . Motion carried unanimously. INTERIM CITY MANAGER'S City Attorney Calonne presented CONTRACT ( 1202) his staff memorandum of February 20th and the contract for a consultant agreement with William F. Cornett, Jr. A brief discussion ensued and it was agreed that Mr. Cornett would retain liability insurance on his motor home in the minimum amount of $500,000. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to approve this agreement. The motion carried on the following roll call vote: AYES: McTAGGART, HINCHLIFFE, BACHARACH AND MAYOR HUGHES ABSENT: RYAN CITY COUNCIL MEETING It was the consensus that at SCHEDULE the next Council meeting there should be some discussion about the date for the first Council meeting in April . CITY COUNCIL -11- FEBRUARY 20, 1990 ADJOURNMENT: At 2: 05 A.M. the meeting a<jjf.qrn_ to, ,7:3.4 . .Ko, - Feb-r;:q4 Xy 26th at ,Ridg.ecrest School for a work session. with ,the-a Planning Cgmmi:ssiou. � F ta ` MA` ATTEST: , 3 , CITY. CLERK tie f y 10 Al } LL 1 - F f iqiq �'��" R 1 1 •l - - � • r � { -{ - f .. .. '. _ .. -� 4. • • 'it � 1?i .. !•R.. � CITY COUNCIL FEBRUARY 20r 1990