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CC MINS 19890705M I N U T E'S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 5, 1989 The regular business meeting was called to order at 7:30 P.M. by Mayor..Bacharach at Hesse Park Community Center,, 29301 Hawthorne Boulevard. After the Pledge of Allegiance to the flag, roll call was answered as follows. PRESENT: McTAGGART, HINCHLIFFE, HUGHES, RYAN AND ...MAYOR BACHARACH Also present were City Manager Dennis McDuffie, City Attorney Ariel Calonne* Director of Environmental Services Robert Benard, Public Works Director George Wentz,, Finance Director Kevin Smith and City Clerk Jo Purcell. The City Attorney announced that the City Council had just finished a closed session which was held pursuant to the authority of Gov't code Section 54956.9(a) and discussed Citizens Against Undergrounding, Inc., versus the City of Rancho Palos Verdes* WAIVER OF FULL READING Councilman Hinchliffe moved, ORDINANCES AND RESOLUTIONS seconded by Mayor Bacharach-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 co ' uncilmembers after -reading of the title of such ordinances or resolutions* APPROVAL OF AGENDA Added to the City Council 0 Reports were the following. Leaf Blowers (McTaggart), P.V. News (McTaggart), Present Development Perception (Ryan) and General Plan Amendment (Ryan). The-Nui.sance Abatement at 32525 Seacliff Drive was tabled until July 18, 1989. The agenda was then approved on motion of Councilman Hinchliffe, seconded by Councilman Hughes and carried* CONSENT CALENDAR Removed were the following items to be discussed at,the, end of the meeting. November 7, 1989 General Municipal Election Resolutions; the- resolution Adopting Certain Salary Control Points and Benefits for Regular Full-Time and Part-Time employees for Fiscal year 1989-90; Traffic Through the Residential Neighborhood in Eastview; Procedures for Live Cablecasting of Public Meetings* Building and Safety Contract Renewal* Public Works & Capital Improvement Program Administration Contract. Council also combined the P.V. Transit Agreement with the City of Palos Verdes Estates with the City Council.report,on Transit. The Consent Calendar was approved as follows on motion of Councilman Hughes and seconded by Councilman McTaggart. MINUTES Approved the minutes of May 30, June 6 and 19, 1989. RESOLUTION NO* 89-64 Adopted RESOLUTION,NO. 89-64 APPOINTING THE CITY APPOINTING THE CITY ATTORNEY AND ASSISTANT AND ASSISTANT CITY ATTORNEY* CITY ATTORNEY (103 x 106) CLAIM AGAINST THE CITY BY REYNOLDS ENVIRONMENTAL GROUP (WEBBER) (303) RESOLUTION NO* 89-66 REGISTER OF DEMANDS CONTRACT WITH ANIMAL SERVICES AGREEMENT (104) (1) Provide payment and a and (2) Add a costing too The motion to approve the following roll call vote: AYES NOES PUBLIC HEARING, 4 Rejected the claim and re-- quested the Risk''Manager to notify the claimant, Adopted RESOLUTION NO 89-66 ALLOWING CERTAIN CLAIMS AND�­ DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID Adopted the proposed amendment to the Southern California Humane Society Agreement to: payment schedule for FY 1989-90, Ifor the next fiscal year. Consent Calendar carried on the McTAGGART, HINCHLIFFEF HUGHES, RYAN-AND MAYOR BACHARACH NONE RESOL*.NO* 89-67 AND The Mayor declared the hearing RESOL* NO* 89-68 LANDSCAPE open and the City Clerk report - AND OPEN SPACE DIST* NO*1 ed notice had been duly (901) published with no written pro- test received by the City* The City Manager presented the staff report to adopt a RESOLUTION APPROVING THE ENGINEER'S REPORT and to adopt the proposed resolution declaring the City's intention.to levy' and collect assessments for fiscal year 1989-90.' -2- There being no response to the Mayor's call for public testimony, she declared the hearing closed. Resol. No. 89 -67 APPROVING THE ENGINEER'S REPORT was presented by title and adopted on motion of Councilman Hinchliffe, seconded by Councilman McTaggart and carried. Resol. 89 -68 DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS was presented by title and adopted on motion of Councilman Hinchliffe, seconded by Councilman Hughes and carried. RESOL. NU.. 89-69,- RESOD►. The Mayor dec,lar.ed the hearing NO. 89 -70 - LANDSCAPE & OPEN open and the City Clerk MAINTENANCE DIST..N0.2. reported Notice had been duly • (981) published with no written pro- tests received by the City. The City Manager presented the staff report to adopt a resolution approving the Engineer's report and adopt a resolution declaring the City's intention to levy and collect assessments_ for fiscal year 1989-90.. There being no response to the Mayor's call for public testimony, she declared the.hearing closed. RESOL. NO. 89 -69 CONFIRMING THE DIAGRAM AND ASSESSMENT IN CONNECTION WITH LANDSCAPING AND OPEN SPACE MAINTENANCE DISTRICT N0. 2 was presented by title and adopted on motion of Councilman McTaggart seconded-by Councilman Hinchliffe and carried. RESOL. NO. 89 -78 APPROVING THE ENGINEER'S REPORT (LANDSCAPE AND OPEN SPACE MAINTENANCE DISTRICT NO. 2 was presented by title and adopted on-motion of.Councilman.Hughes, seconded by Councilman Hinchliffe and carried. GOLF COURSE (1281) The City Manger present his memorandum of July 5, 1989 regarding the investigation- of a_ public golf course in conjunction.w th the - development of Subregion 1 and Long Point With the use of an artist's concept depicting . the .design of the golf course, staff explained the location of the various components of the course and summarized the steps.taken by the consultant in determining the adequacy of the acreage, and -how the course would be spread out over the three sites. Council then inquired about the affects of this design on access to the bunkers, where the July 4th celebration would be heldin light,of the fact that the course would displace some of the "green" area; whether there would be a bluff trail; if, considering -the hazard from golf balls, trails -3- JULY 5, 1989 could be placed along the golf course* how hazards could be prevented along the bluff top trails* whatwould be done to protect motorists along Palos Verdes Drive South; what the' If total buildable acres would be; and, what would happen in the case of a catastrophe along the bluff. Representing the consultant Robert Trent Jones was Don Nott who explained how the risk of hazard could be reduced and how that issue had been treated with other courses that his firm had designed. Additional Council inquiries were made regarding how the courses would linked; if an average golfer 'could play the course; and, considering how windy it gets along the coast, if it would be necessary to do a wind analysis of the bluff' area. Speaking in favor of the golf course were the following residents, Victor White, 28418 Meadowmist; Paul Conrad, 286,49 Crestridge; and Ron Stanky, 6440 Starstone Drive. Expressing his concern about the golf course was David Roche, 1884 Peninsula Verde Drive. Council resumed their inquiry about the importation or , exportation of fill and how development would be timed with other developments in the area. Discussion was.concluded with the consensus that a bluff top trail:or alternative would have to be illustrated on the drawings-, that a mechanism would have to be defined whereby a golf course on private property could be kept as a municipal golf course* and, to prepare an analysis on steps to be taken with the Federal government and the County. 10 P.M. RECESS AND RECONVENE At 9# the Mayor declared a recess. At 9:22 P.M. the meeting reconvened, AUDIENCE QUESTIONS: Responding the Mayor's call for audience questions for items not on the agenda was Roy Fulw'ider, 28219''Hagelridge who inquired about the process of getting a recycling grant to: use for planting and maintaining trees along Plainfield Drive. The suggestion was made 'that .Mr. Fulwider get the, cooperation of the residents inthat area to insure that these trees get watered. NUISANCE ABATEMENT AT 32525 SEACLIFF DR* nuisance abatement proceedings determination had been made on the property owner. City Manager McDuffie presented the July 5,staff report and recommendation to hold all in abeyance until 'a final the application submitted by JULY 5, 1989 It was the consensus to continue this matter until July 18, 1989. CITY CLERK'S ELECTION The City Manager presented DUTIES (51 X 301 his.staff report of July 5 summarized the action taken to date in determining what election duties should be performed in- house by the County, or:by the City of Rolling Hills Estates in light of the marriage of Councilman Ryan to City Clerk Purcell. Council then discussed the City Clerk's areas of responsibility and those performed by the County of Los Angeles as outlined in the attachment to the memorandum.. Councilman Hughes moved, seconded by Councilman Hinchliff -e to send a letter to Rolling Hills.Estates requesting that they handle the election with the caveat that if Councilman Ryan does not run for re- election that following the close of the nomination period on August.16.that. the balance of the election be handled 'in- house.. The motion .carried on-the following roll call.vote: AYES: HINCHLIFFE, HUGHES & BACHARACH NOES: McTAGGART & RYAN DEL CERRO . STREET The City.; Manager -presented the IMPROVEMENTS (901) staff recommendation.to authorize an increase.of $170,000 in the.FY.89 -90 street maintenance budget to cover the cost to. reconstruct and overlay Seacrest, Amber Sky and Crestwind. Following a brief d.i.scussion regarding „the cost of. these improvements, and where the funds would come f rom to pay for these improvements. was followed by the: consensus ,that staff should place a schedule for this item on the next agenda. HEIGHT VARIATION Nth. 546 The City Manager presented the APPEAL - LOCATION.: 65.36 staff recomme.ndation.to adopt VIA SIENA (1804 y a resolution denying the appeal thereby approving the project with conditions Council inquired how this variation would conform with the view initiative that would be on the November ballot; whether this request should be held in abeyance until after that election; since the application was submitted over ten months ago, the.cause of the delay, in bringing this matter to the Council* and, the types of plans required by the city when a resident is applying for a height variation. -5- JULY 5, 1989 Speaking in opposition to this variation was the appellant Dennis Moore, 65'32 Via Siena. , who summarized the background on his addition, and the affects on his view if his neighbors the Hallers were allowed to build this addition. Spec if ica l ly , Mr. Moore 'objected to the t re l leis structure and questioned the neighborhood compatibility of 'the addition. Jeff Haller 6536 Via }Siena, told the Council that he looked at various designs and found that'all of them impacted the Moore view but that the-Moore's house had no view as defined in the City's Code. Mrs. Haller then spoke in favor of this variation. The architect for this variationf, David Olin, explained how he designed this project and,'alluding to the earlier discussion 'of the plans required for submittal of a height variation, told the Council that he prepared a very common package of plans for the Ha.l l ers . Council then resumed discussion of this variation and in particular the fact that it would not be allowed under the guidelines of the initiative; and, how the addition would be treated by the initiative. In light of the significant exposure to litigation concerning this matter, City Attorney Calonne requested that the Council recess to a Closed Session, the time being 10:55 P.M. At 11:01-the meeting ' , reconvened _ and the City Attorney, . - announced that because of the significant threat of litigation contained' in both Mr.`Haller's and Mr. Moore's testimony, that`the Council met in closed session to discuss this matter under the authority granted in' Government Code_ Section 54957.7. Council then discussed the fact that Mr. Moore got his view from a height variation and how'this restricted other height applications; whether it was necessary for the trellis to extend as-far as requested the fact that the proposed initiative would not permit this addition in its current design but would require some compromise; and, if the application should be put in abeyance until after the election. Additional concern was expressed that this application was contrary to the negotiations that the subcommittee had been conducting with the Rancho Palos'Verdes Council of Homeowners Associations. Council proceeded to discuss the conditions of the application and'in particular the removal of -a large tree twhich''Mr. Haller consented toy on the Haller property an& . the fact that these condit ions should ref 1 ect . the fact that Mr. Moore-'s lot was not a view lot. -6- JULY 5, 1989 Councilman Ryan moved, seconded by Mayor Bacharach-to adopt Resolution No. 89-71 DENYING THE APPEAL OF HEIGHT VARIATION NO* 546 THEREBY APPROVINGITHE PROJECT AT 6536 VIA SIENA but limit the,extension of the trellis at its rear extension to it present fixed location and that the large..tree.located in the back yard adjacent to the.garage he removed. The'.ino'tion carried-on,the following roll Call vote. AYES* RYAN, McTAGGART MAYOR BACHARACH NOES* HINCHLIFFE & HUGHES CUT THROUGH: TRAFFIC IN The City Manager presented the. UPPER GRANDVIEW (1502) Traffic.Committee recommends- tion that left turns from Hawthorne Blvd. to Shorewood and to Woodbrook be prohibited from 7:30 A.M. to 9:00 A.M. and elimination of the right turn lane from Montemalaga to- Basswood *, Council questioned whether the Traffic Committee's recommendation, -would require an environmental analysis; and, how the parking improvements proposed for Silver Spur would be affected by this recommendation@ I Speaking in opposition was Mr* Roy Fulwider, 28219 Hazelridge-, who said that.this proposal I would.increase the traffic on Silver Spur* Councilman I Hinchliffe-moved, seconded by.Councilman McTaggart to adopt the staff recommendation.. The motion failed. on a two - three-vot-e with CouncilmembeTs Hughes, Ryan and Bacharach voting in opposition* Additional discussion then ensued-, in particular about the installation of.speed-,"humps Councilman Hughes moved.., seconded by Councilman McTaggart to adopt the staff recommendation with regard to the right turn pocket on Montemalaga, however that staff should Teview, alternatives for controlling traffic at the.intersection of.. Shorewood-with such things as spe-ed.control.and alternate parking arrangements- that these measures to be in effect'' from 7.*00.,A.M- to 9:00-A.M. Monday through Friday for traffic going into.*the.lot at Rolling Hills High School. The'motion carried unanimously* CITY COUNCIL REPORTS :. View Initiative Councilman. Hughes updated the Council-on the Subcommittee's (Hughes./McTaggart) meetings with the Council of -Homeowners- and grenerally-how.the draft presented in the agenda-packet represented the agreed upon-issues. resulting from those meetings* -7- JULY 5, 1989 Council.discussed the equity of one party gaining a view from a second.story addition and how the Cooperative View Preservation,Initiative would not permit succeeding height variations that might impact such a view. Also''^ disdussied was the matter of "upside-down" houses who gained their view from living quarters on I upper floors. -The-question arose regarding the issue of compatibility and-if it-could-be" addressed in this document. 'Council suggested limitation on the height of School District landscaping also be included as an element of the initiative. Council pointed out that the, matter of requiring tree trimming'and view protection in the Miraleste.area was addressed in this Cooperative View Preservation. Discussion of these issues was concluded with the consensus that the Subcommittee would talk with City' Attorney Dorsey and that the matter would be placed on the next agenda. Mr. Fulwider, 28219 Hazelridge, inquired if the-!in*itia't:ive' included compatibility and view. Transit Report - Agreement with Palos Verdes Estates - Mayor Bacharach reported that the Transit Board vbted''.to extend the Dial-A-Ride to Harbor General Hospital, Public Works Director Wentz reported that the current Transit Agreement with Palos Verdes Estates was only for seven months and, since a new contract will be sought sometime next year,' he expressed concern for the importance of getting more of a commitment from the participants in the program.- He recommended that the Council resubmit the PV Transit Agreement to the City of Palos Verdes Estates for approval. It was the consensus of Council that Director Wentz should request the City�(of Palos Verdes Estates to give a 30 day notice prior to the expiration of the seven - month- contract. . Additionally, that staff should find out haw the City of Rolling'Hills Estates feels about this arrangement. Leaf Blowers Citing the fact that he has received ceived complaints from residents, Councilman McTaggart ui inq� "red if the City has been receiving any ,, complaints about leaf blowers operating beyond ,the .permitted hour's. After a br'i*e'f discussion it was the consensus that staff would check with the City*of Pasadena to inquire about their regulation of the leaf blower issue, Po V. NEWS - Since so much confusion existed about the development permitted at Marineland site, Councilman McTaggart :inquired whether it would be permissible for t�_he City to publish the guidelines adopted by the Council at the time of the initial sale of Marineland. After'discussion of the prohibitions on such a publication, it was determined that none could be published. -8_ JULY 5, 1989 Present Development Perception - Citing the density of the housing at the corner of Palos, Verdes Drlve'Sout-h and Forrestal, Councilman Ryan inquired if staff could brief the Council on what went right or wrong with that development and find out why the,basic- requirements weren't kept the same even after the :original owner of the property went -,bankrupt. It was the consensus to visit this site during the July 29th field trip. The Planning Commission was also invited to participate in this' field trip. : General Plan Amendmeht Councilman � Ryan inquired about the feasibility of zoning the area' - from- Pal!os Verdes'Drive'South outside of the moratorium area.-to the top of the hill into a ranchos" area permitting only one unit' -per 21to-2-1/2 acres. It was the consensus that the City Attorney would look into this matter and report back,to Council. CITY MANAGER REPORTS: STATUS OF COUNCIL DIRECTIVES Council added the Silver Spur Street imp"rovements,, the'Public Works Building and Safety RFP and the "Rancho" ;t6hing issue . to the Gist of directives, ITEMS REMOVED FROM THE CONSENT CALENDAR I, RESOL9 NO. 89--72 :.CALLING After -cla'rification�of the AND GIVING NOTICE OF THE reasons for adoptin'g-'-thesle- ELECTION (501) resolutions at this time, 'RESOtUT ION' NO'e 89-72 OF-`THE CITY OF RANCHO'PALOS VERDES CALLING AND GIVING NOTICE 6F THE HOLDING OF A GENERAL MUNICIPAL 'ELECTION TO`BE'HELD IN SAID CITY ON TUESDAY, NOVEMBER 7, 1989, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID-CITY AS REQUIRED BY THE =PROVISIONS OF THE ILAWS OF THE STATE OF-CALIFORN-IA RELATING TO GENERAL' LAW CITI ES; t, and RESOL.,, -f'N04-: 89.-,73'-IOF- THE` - C-ITY OF RANCHO PALOS VERDES ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE OF AND THE COSTS THEREOF:*FOR*THE GENERAL MUNICIPAL ELECTION TO BE HELD IN S-AID CITY ON TUESDAY, NOVEMBER,'7f '1989., and RESOLUTION NO. ,89-74 OF THE CITY COUNCIL OF THE CITY OF RANCHO-PALOS VERDES REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES To CONSOLIDATE A GENERAL MUNICIPAL ELECTION ,OF'SAID CITY TO BE HELD ON'NOVEMBER 7,.w:198-9. WITH THE SCHOOL DISTRICT ELECTION TO''BE HELD ON SAIDDATE- PURSUANT TO SECTION,23302 OF THE"CALIFORNIA ELECTIONS CODE were presented by tit'leand,''adopted on motion of Hughes, seconded ' by Councilman MdTaggart and carried. JULY 5 1989 RESOL. NO. 89 -75,- Council inquired about the ADOPTING CERTAIN SALARY City's payment of the,1.45% CONTROL, -POINTS :& for Medicare and how; . wides-pread BENEFITS (1202) this practice was with other municipalities. It was-the consensus that staff. should.run a survey to determine -how other - c.iti.es are handling this matter. RESOLUTION NO. 89 -75 OF THE CITY COUNCIL OF THE CITY OF. RANCHO PALOS VERDES ADOPTING CERTAIN SALARY CONTROL POINTS AND BENEFITS FOR REGULAR ,FULL -. TIME. AND PART - TIME., EMPLOYEES FOR FISCAL YEAR 19 -89 -90 was presented . by title and, adopted on motion of Councilman McTaggart, seconded by Councilman Hinchl if f e and adopted -on; the following motion AYES: McTaggart, Hinchliffe, Hughes, & Mayor Bacharach. ABSTAIN: Ryan EASTVIEW TRAFFIC City Manager McDuffie presented ( 1502 ) the staffs report of July 5 and. . r the : recomme-ndat ion.. to direct the Traffic Committee to hold to public , hearing ,to - discuss making Via Colinita a one -way street from Enrose to M_iraleste Drive. Council discussed whether it wasn't more appropriafe.for the-­-- Council to hold such a meeting and various means by which the traffic cutting through. this neighborhood could be- reducJed, or w the speed. contr,o l l.ed . Warren Sweetna:m, 7 Top:Rail; told the Council that closing off the - streets - wi 1 -1 s-impl y cause . peopl e.. to change th.e r z. route and.-drive-through-other neighborhoods. Since school is now out for summer recess, concern was expressed that this might not be the right, time to � conduct , a traffic count. Discussion was, conc.luded. with r the; . cons -ensus that staff should study this matter further. PUBLIC MEETINGS.. POLICY. .:City Manager McDuffie °pre- FOR LIVE,CABBCASTING sented,the staff memorandum, t 306 3 of July. 5 and the proposed: policy for live, ca-b l ecast:ing of regular City .CO,uncil meetings, and at the option of..the City Council, other- public meetings..This policy included the, following = guidelines fo.r the operation of equipment. Camera #1 sha,l l be placed in the (back center of the room for full shots of . t.he. City Council* during public testimony,..... camera #1 may have a full view of the Council with the back_ of the speaker at the podium; camera #2 shall be placed on the left side of the room for individual close -ups of the -10- JULY 5, 1989 members of the Council or staff* during public testimony, this camera may be used ed for profile shots of the 'speaker at the podium for close-ups of displays; the audio board shall be used to monitor the audio transmission of the cablecast and* the video switcher shall be controlled by the Director to vary the pictures being transmitted over the cable. The video tape'recorder will be turned on by the Director at the commencement of the meeting and turned off at the adjournment of the meeting or at 11:30 P.M.., whichever comes first unless it is requested by the Council to continue to cablecast past that time. After a brief discussion of whether these procedures achieved what the Council requested, Councilman Ryan, seconded by Councilman Hinchliffe and carried to adopt the proposed procedures for live cablecasting of public meetings. CHARLES ABBOTT & Council inquired whether the ASSOCIATES - BUILDING & rates of the contract had been SAFETY CONTRACT FOR FISCAL negotiated, if the "cap" 1989-90 .(1204) had been removed and if a history on these rates had been prepared. With regard to design engineering, it was agreed that Dwight French would be stricken from the contract. Regarding the contract's Response Time, it was agreed that the language should be more specific and indicate an " A.M." or "PM" time. Discussion then took place regarding the percentage of increase and the fact that the floating cap had been deleted from the contract. With regard to a potential conflict or any other adverse impact on the City it was determined that since the City has a Conflict of Interest Code (Resolution No. 86-60) that the contractor would be subject to the provisions of that Code. Councilman Hughes moved, seconded by Councilman Hinchliffe to approve the contract as amended and that the contractor comply with the City's Conflict of Interest Code. The motion carried on the following roll call vote: AYES: HUGHES, HINCHLIFFE & MAYOR BACHARACH NOES* McTAGGART & RYAN PUBLIC WORKS & Councilman Hinchliffe moved, CAPITAL IMPROVEMENT seconded by Mayor Bacharach, to PROGRAM (1204) approve this contract subject to the same amendments placed on the Building & Safety contract. The motion carried on the following roll call vote. JULY 5, 1989 AYES.: HUGHES.,, HINCHLIFFE & MAYOR BACHARACH NOES: Mc TAGGART & RYAN ADJOURNMENT At J,,50 A.M. the m,eeting adjourned to 6:88 P.M. on Tuesday, July .18,. _1989 for a closed session on. motign of Councilman Hughes. _ -(2L MAYOR �mm�cm. s. t _ _