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CC MINS 19900402M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL 2, 1990 The meeting was called 'to order at 7:30 P.M. by Mayor Hughes at Hesse Park Community Center, 29301 Hawthorne Boulevard and immediately recessed to a closed session to discuss pending' litigation. The City Attorney announced that the closed session was held pursuant to Government Code Section 54956.9a. The meeting was adjourned at 7.*30 P.M. with no action taken. The regular business-meeting was called to order at 7:30 P.M. by Mayor Hughes. Following the pledge of Allegiance to the flag, roll call was answered as follows. 0 PRESENT., McTAGGART, HINCHLIFFE, RYAN, BACHARACH AND MAYOR HUGHES The City Attorney announced that the Council had held a closed session pursuant to Gov't Code Section 54956.9(a) to confer with or.received advice from legal counsel regarding pending litigation as defined in said section, and that the cases of Tondr*e vs. City of- Rancho Palos Verdes, Segreto vs., City of Rancho Palos Verdes.-and Citizens against Undergrounding vs. Rancho Palos.Verdes were discussed. 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'Ar'iel P. Calonne, and City Clerk Jo Purcell. RECYCLE LOTTERY DRAWING Mr. Robert Cooper of San (1301) Clemente Dr. was declared the winner of the month and would receive a year's free refuse service, 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 After addition of an item regarding the Choral Society, the agenda was approved on motion of Councilwoman Bacharach, seconded by Councilman Ryan and carried. CONSENT CALENDAR Study Area to follow the Consent Calendar. Councilman Ryan, secs MINUTES After moving the item on the Airport Planning the New Business section of the agenda, was approved as follows on motion of onded by Councilman Hinchliffe. Approved the minutes of January 22, February 12, and 26, 19900 COMMUNITY DEVELOPMENT BLOCK Authorized the City Manager to GRANT (CDBG) (601) sign amendment No. 2 to Contract No. 59507 with the County of Los Angeles Community Development Block Grant, Program. ORDINANCE NO. 252 Adopted ORDINANCE NO. 252 - RELATING.TO MISDEMEANOR, AN ORDINANCE OF THE -CITY OF INFRACTIONS AND NUISANCES RANCHO PALOS VERDES AMENDING (103x1103) CHAPTER 1.08 OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO MISDEMEANORS, INFRACTIONS AND NUISANCES. ORDINANCE No. 253 Adopted ORDINANCE NO. 253 OFF ROAD VEHICLE USE (1502) AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADDING CHAPTER 14.24 OF TITLE 10 OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO OFF ROAD VEHICLE USE AND ESTABLISHING PENALTIES FOR THE VIOLATION THEREOF. CREST ROAD MEDIAN - (1) Accepted the work as NOTICE OF COMPLETION (1405) completed for Crest Road Beautification contract in the amount of $7,760. (2) Directed the City Clerk to file .a Notice of.Completion and notify the surety to exonerate-the contract bonds. (3) Directed the Finance Director to release the retention 35-days of ter said notice has been filed i f no claims have been filed against the contractor. LADERA LINDA ROOF REPAIRS - Al) Accepted the work as NOTICE OF- COMPLETION (1201) completed in.the amount of $19,9880 (2) Directed the City Clerk to file a Notice of Completion and notify the surety to exonerate the contract bonds. (3) Directed the Finance Director to release the retention 35 days after said notice has been filed if no claims have been filed against the contractor. -2- APRIL 2, 1990 FEE WAIVER REQUEST - Authorized the Director of P.V. ART CENTER (1203) Environmental Services to waive the application fee related to Special Use Permit #80 for a fund raiser for the P.V. Art. Center. AWARD OF TREE-TRIMMING Awarded the street tree CONTRACT - TRAVERS TREE trimming contract to Travers SERVICE (1407) Tree Service at a cost not to exceed $36,152.50 plus provide a 10% contingency of $3,600 for a.total authorized expenditure of $39,751.50.. RESOLUTION N09 90-16 Adopted RESOLUTION No. 90-16 REGISTER OF DEMANDS ALLOWING CERTAIN-CLAIMS AND .DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID* BUILDING AND SAFETY CONTRACT Continued -this item to the SERVICES (201) April .17,'1990'meeting* The motion to approve the Consent Calendar carried on the following roll call vote: AYES.: McTaggart, Hifichliffe, Ryan, Bacharach and Mayor Hughes CONDITIONAL USE PERMIT Director of. Environmental NO0.146 EXTENSION APPEAL Services.Benard presented the (1804) staff report of April 2, 1990 and the staff recommendation to uphold the appeal, subject to the conditions outlined in the exhibit, thereby'al-lowing consideration of'future extension requests. Council inquired why it would take six violations before triggering a review by'.the Planning Commission; whether the residents at Harbor Walk Condominiums.had.been advised of this - hearing; the e types of incidents it would take to trigger - a review of the permit, the number of evenings that the truck is at this location and.if'it was reaching the point of becoming a permanent fixture* Representing the applicant was Peter Dorison, 29000 South Western Avenue, who explained how the owner of the truck has complied-with the requests of the neighbors* Also representing the applicant was Chris Courtney, who reported that the owner, Dr. Taus, had worked with the County Fire Department on locating this truck to assure access for -3- APRIL 2. 1990 emergency vehicles and still allow the truck to operate without affecting its magnetic imaging equipment. He further stated that the owner is taking steps to move the truck to the other side of the fire lane so it will not interfere `with the entrance to the building or with.the handicapped parking. Earl Jordan, 1445 Brett Place, representing the Harbor Walk Condominium Association, told the Council this was a semi- truck an.d.related how his association had been trying to work with Dr. Taus since 1988 to ameliorate the conditions at this site. He explained the noise resulting 'from the setting up of the operation and the accompanying lights. He said that the association was concerned about this truck being left in the front of this parking lot and becoming an eye sore. He objected to the allowance for six violations before review is made by the Planning.Commission. Councilwoman Bacharach moved, seconded by Councilman McTaggart and carried,to close the public hearing., Council then discussed the nature of the violations that would instigate 4 review by the Planning commission,, and why any violations would be,allowed at all. A good deal of discussion then took place regarding the number of days the truck would be at this location and.at what point it should be considered a permanent fixture and the equipment moved into a building* Council inquired whether a permanent slot could be installed in the parking lot so the truck would not be visible from the street. Discussion next centered on the condi'tions.of the approval and whether they should be modified to require the applicant to prepare a plan forlproper screening of the - truck or for an alternate location. Ultimately, the proposed resolution was amended to require that after one year of operation the applicant should submit a revised plot plan to propose an appropriate location which would include screening and other appropriate mitigating measures. Said revision would be reviewed by the Director of Environmental Services. Resolution No. 90-18 UPHOLDING THE'APPEAL OF THE PLANNING' COMMISSION'S DECISION, THEREBY APPROVING A-TIME EXTENSION FOR CONDITIONAL USE PERMIT NO* 146 TO ALLOW THE PERIODIC PARKING OF MOBILE.DIAGNOSTIC IMAGING VANS AT 29000 WESTERN AVENUE was presented by title and adopted as amended on motion of Councilwoman Bacharach, seconded by Councilman Ryan and carried. -4- APRIL 2. 1990 CROSSING GUARDS .(1503) The.Director of Public Works George Wentz presented -the staff report of April 2, 1990 and the staff report recommendation to direct the staff to evaluate requests for crossing guards using State of California warrants for adult crossing supervision* Pointing out that a crossing guard would be used only for the school year in the morning and the afternoon, Council expressed concern about the cost for a sheriff's car which was quoted -in the staff report. Council then discussed if the Sheriff's Department would be willing to sell a portion of a police car* whether the use of special events overtime could be considered for this location; or, if a community relations type officer could be used instead of a sworn officer* It was the consensus that his matter -should be considered by the Regional Sheriff's Sub-Committee (Hughes/McTaggart) and that they should meet with the Sheriff's Department to discuss this issue* Barbara Dye, 7035 Hartcrest Dr., representing the Vista Grande P*T*Ao said that they were in favor of having personnel who were empowered to issue citation* PRESCREENING WORKSHOP SCHEDULE Director of Environmental TENTATIVE TRACT NO. 49067 Services Benard presented the (TRANSAMERICA) AND SUBREGION staff report.of April- 2, 1990 1 (VMS/ANDEN)' (1203) and the staff recommendation to choose two pre-screening workshop dates for review of the Transamerica and VMS/Anden projects. These workshop dates should be established in coordination with the budget workshop dates (scheduled separately on this agenda)* Councilman Ryan moved, seconded by Councilwoman Bacharach and carried-to conduct a pre-screening workshop on Transamerica and VMS/Andene Council set the following work sessions* Tuesday, May 1, 1990.-*Regular meeting Saturday, May 5, 1990 ,at 8:00 A.M. City Hall community Room - c , losed session to interview candidates for City. .Manager* Monday, May 7, 1990 at 7:30 P.-M. at Hesse Park Council/Planning commission work session to discuss RPD"Se -5- APRIL 2, 1990 Saturday, May 12, 1990 at 8:00 A.M. at Ladera,Linda, Community Center - Community Leader's Breakfast followed by Budget.work session at City Hall Community Hall. Tuesday, May 15, 1990 R,egular meeting,, Monday, May 21, 1990 at 7:30 P.M. at City Hall Community Room - Budget work session Thursday., May 31,, 1990 `at -7.:30 P.M. at Hesse Park Presc'reening Work Shop: VMD/Anden and Transamerica. RECYCLING GRANT AWARDS Director Wentz presented the (1301) staff report of April 2, 1990 and the staff recommendation to award the grant applications as submitted'by the Stoneridge Homeowners Association, Mediterranea Homeowners Association, Miraleste Homes Association and Rolling Hills Riviera Homeowners Association. Councilwoman Bacharach moved, seconded by Councilman Ryan to adopt the staff recommendation. The motion carried unanimously,, ITEMS REMOVED FROM,THE CONSENT CALENDAR. REVISION OF AIRPORT PLANNING Director Benard presented the STUDY - TORRANCE ' AIRPORT staff report of April 2,. 1990, (SB255) (1203) and the recommendation to send a letter to the County with language from revised resolution and send a letter to Senator Beverly expressing concerns regarding his Bill. Councilwoman Bacharach moved, seconded by Councilman Ryan to send a letter which would encompass the wording of the revised resolution presented to Council* additionally, a, letter be sent to Senator Beverly expressing -the Counci-l's concern about his Bill* DIMENSION CABLE SERVICE,- Representing the Times Mirror REQUEST FOR SUPPORT FORM Cable Television Company was GTE INTO CABLE T.V. MARKET Richard Waterman, Director of (605) Corporate Affairs, who presented a.prepared written statement. (Said statement is on file with. the City Clerk's Office.) Essentially, Mt. Waterman's statement requested that the Council give thoughtful review before making a decision supporting the entry of the telephone companies into the cable television industry. -6- APRIL 2. 1990 Council inquired of Mr. Waterman if his company intended to cable out the remainder City and if they intended to use fiberoptics. Council also expressed concern about the lack of response to I consumers on the part of the cable companies and about their billing system of requiring customers to pay in advance of service given* Councilman Hinchliffe moved, seconded.by Councilman Ryan that a letter be sent to Congress requesting that the cable industry be re-regulated and that the telephone companies be allowed to enter the cable-industry provided they are subject to the same regulations. Motion carried unanimously. 0 CITY COUNCIL REPORTS* SHORELINE PARK (1201) Referring to publication from the Palos Verdes Land Conservancy and in particular to an article dealing with the County property known as Shoreline Park and its development as a public access natural area, Councilman Ryan moved, seconded by Councilman McTaggart and carried that the Recreation and Parks committee look at this property and find out what the City can do with its SCHOOL DISTRICT - Referring to Assembly Bill No* OPEN .ENROLLMENT (1401) 4102 {Open Enrollment Program) Councilwoman Bacharach moved, seconded by Councilman Ryan to send a letter to-Assemblyman ort for the concept of this Bill as it Fe-lando expressing supp *thin a city's boundaries pertains to School Districts within Council having open enrollments Motion.-carried unanimously. requested that a copy Of this letter-be sent to the School District, the RULE committee and to LA School Board Member Furitani* USE OF HESSE PARK - Councilman Ryan reported on CHORAL, alls that he had received from L SOCIETY (1201) members .. of the Choral So . ciety requesting that t . hey be allowed to continue use of Hesse Park Community room for their practice.. Discussion then ens amongst the Councilmembers and concerns were expressed about such things as the ability to give the Choral Society adequate notice in the event of a City meeting displacing one of their practice sessions. No action was taken on this items CITY MANAGER REPORTS* ORDINANCE FOR City Manager Cornett presented DISTURBING THE ."PEACE (1206) his report of April 2, 1990 and his recommendation that the Council assess fees as a flat rate rather than computing the -7- APRIL 2, 1990 total number of minutes for each deputy who responded. Councilman Hinchliffe moved, seconded by Councilman McTaggart to assess a flat fee rate for this ordinance. The motion carried unanimously. Council requested that the 'adoption of this ordinance be given some publicity in the City's Newsletter, that a press release be issued, and that it be put on the Cable TV reader board. BUDGET ORDINANCE (602) City Manager Cornett presented his report of April 21 1990 and his recommendation that the City Council refer the proposed budget ordinance language to the City Attorney to work with the City Manager in the ordinance drafting. I Councilman Hinchliffe moved, seconded by Councilwoman Bacharach and carried, to adopt the staff recommendation. REPORT FROM SPCA (104) The City Manager, presented the March 14,-1990 letter from the SPCA.' Representing the SPCA was Sgt. Douglas W. Buck, Shelter Supervisor, who summarized the contents of his letter to the Council and highlighted the incidents listing the types of bites by breed in the City. Healso referred to,,a monthly report issued by that organization which essentially reports on the same type of incidents. Council briefly inquired about whether the Society has a breakdown on data describing the distribution of-dog by breed in the-City and clarification of the fact that the e 'data presented in their letter was for 1989 plus the first quarter of this year. Council requested that the Society's monthly report be placed in the reading file. STATUS OF COUNCIL DIRECTIVES Regarding the issue of the Crest Road Conflict Counsel the City Attorney reported that he had made recommendations of two firms that might serve as conflict counsel* The next step will be to get a proposal from such counsel. Also, the staff is doing some research on this-issue to shortcut the amount of attorney work necessary., AUDIENCE QUESTIONS:% Ray Bucher, 4837 Blackhorse Lane, complained to the Council about the sidewalk repair policy and in particular about the fact that only,a minor portion of his sidewalk needs to be APRIL 2. 1998 repaired yet staff is going to replace an entire 9 foot section. it was the consensus that the Public Works Director should meet with Mr. Bucher to discuss this issue. It was the consensus that Terry Trumbull from the City Attorney's office should make a presentation to Council at the April 17th meeting regarding AB9390 ADJOURNMENT* ATTEST* CITY CLERK At 9-045 P.M. the meeting adjourned on motion of cc-4 1 -2-90 -9- APRIL 2, 1990