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CC MINS 19890307M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 7, 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: McTAGGARTF HUGHES, HINCHLIFFE RYAN AND MAYOR BACHARACH Also present were City Manager Dennis McDuffie, Acting City Attorney Rochelle Brown, Director of Environmental Services Robert Benard, Public Works Director George Wentz, Finance Director Kevin Smith and City Clerk Jo Purcell. WAIVER OF FULL READINGS Councilman Hughes moved, ORDINANCES & RESOLUTIONS seconded by Councilman Hinchliffe 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 Mayor added to the agenda a report on her meeting with the committee chairmen. The agenda was then approved as amended on motion of Councilman Hughes, seconded by Councilman Hinchliffe and carried* CONSENT CALENDAR Three items were removed from the Consent Calendar to be discussed at the end of the meeting: Contract for auditing services, Parcel Map 12431 and Landslide Moratorium Exemption No. 27. Councilman Hughes then moved, seconded by Councilman Hinchliffe to approve the Consent Calendar as follows: MINUTES CITY STAFF TEAM BUILDING WORKSHOP (1202) Approved the minutes of January 17, and February 21, 1989. Approved a facilitated City staff team building workshop for an amount not to exceed $3,5000 LEGISLATION (306) Adopted the position to oppose 5210 (Moynihan, D -N.Y.) TREE TRIMMING Awarded the City tree mainten- CONTRACT (1407) ance contract for 1989 to Travers Tree Service at a cost not to exceed $18,801.75, plus 10% contingency of $1,880 for a total authorized expenditure of $20,681.75. CABLE TELEVISION ADVISORY Approved the recommended BOARD APPOINTMENTS (605)(106) appointment of Mimi Horowitz, Peter Von Hagen, Evie Hunter, Marta Houske, and Mitch Rose to the Cable Television Advisory Board. RESOLUTION NO. 89 -19 REGISTER OF DEMANDS WAIVER OF FEE AT PT. VICENTE INTERPRETIVE CENTER (1201) Adopted RESOLUTION NO. 89 -19 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. Waived the admission fee at Pt. Vicente Interpretive Center for its fifth birthday open house. RESOL. NO. 89 -20 ISSUANCE OF Adopted RESOLUTION NO. 89 -20 A PROMISSORY NOTE BY THE APPROVING THE ISSUANCE OF A RANCHO PALOS VERDES RE- PROMISSORY NOTE BY THE DEVELOPMENT AGENCY (1801) RANCHO PALOS VERDES REDEVELOP- MENT AGENCY. RESOL. N09 89 -21 AMENDING Adopted RESOLUTION NO. 89 -21 ITS RESOLUTION NO: 89 -6 REGARDING ITS INTENTION TO IMPROVEMENT DISTRICT NO. 9 ENTER INTO AGREEMENTS WITH DEL CERRO (901) PUBLIC UTILITIES IN CONNECT - ION WITH RANCHO PALOS VERDES IMPROVEMENT DISTRICT NO. 9, DEL CERRO AND AMENDING ITS RESOLUTION NO. 89 -6. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: McTAGGART, HUGHES, HINCHLIFFE, RYAN AND MAYOR BACHARACH VILLA CAPRI AFFORDABLE Representing Pacificorp was HOUSING UPDATE (1411)(701) Barry McDaniel who gave an account of the procedure -2- MARCH 7, 1987 followed in conducting the lottery for the affordable housing at Villa Carpi. He enumerated the number of packages sent to individuals whose name had been drawn as a result of the lottery which took place on January 30, 1989; summarizing the kind of information requested in these packets, he reported that they have received 35 responses from individuals who have qualified. Pacificorp is still awaiting additional information and within the next week these applications will go to the loan company for financing. 0 PUBLIC HEARING. ORD. NO. 2A41 - CALIF* Mayor Bacharach declared the SERVICE FRANCHISE the public hearing open and the (605) City Clerk reported that notice had been published. The City Manager presented the staff report of March 7, 1989 and the recommendation to waive further reading and introduce this Ordinance Establishing a Franchise Agreement and Franchise Fee of two percent (20) with California Water Service Company . Council questioned whether the provisions of this franchise provided the City with control over the Water Company's relocation of lines in a timely manner, particularly if the event that the Flying Triangle Landslide area begins to move. Council proceeded to inquire if the City would have the authority to require preventive maintenance of equipment* and, the legal implications of placing the Water Company on notice when and if equipment may be observed to be in need of repair. Representing the California Water Service Company was Jim Cantrell, who told the Council that the City presently gets the franchise fee from the Water Company. Councilman Hinchliffe moved, seconded by Councilman Hughes and carried to adopt the staff recommendation. ORDINANCE NO* 241 OF THE CITY OF RANCHO PALOS VERDES GRANTING TO CALIFORNIA WATER SERVICE COMPANY, A CORPORATION, THE RIGHT PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING WATER FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN SAID MUNICIPALITY was presented by title. Councilman Hughes moved, seconded by Councilman Hinchliffe and carried to waive further reading and introduce Ordinance No. 241. -3- MARCH 7. 1989 DEL CERRO UNDERGROUNDING Mayor Bacharach declared the DISTRICT NO* 9 (901) public hearing open and the City Clerk reported that notice of the hearing had been published. The City Manager presented the staff report and the recommendation to open the public hearing regarding the Rancho Palos Verdes Improvement District No. 9, Del Cerro, take public TESTIMONY and continue the hearing to May 2, 19890 The Public Works Director reported that as a result of a meeting held on March 6th with the homeowners in the proposed district this project was going to be re-bid in an effort to lower the costs. Council then inquired about the possibility of getting lower bids: whether companies submitting bids to the homeowners' association would be required to meet the same qualifications as contractors responding to a City bid; and, if the bids already submitted could be extended. Responding to the Mayor's call for public testimony was Wouter Van Biene, 21 Oceanaire Drive, who also reported on the March 6th meeting and stated his support for the staff recommendation. He said the homeowners will be as helpful as possible and will try to get a bid that will be acceptable to all of the homeowners in the area. objecting to the method of assessment recommended by the staff, he requested that it be assessed on an equalized basis. Additionally, he requested that the Council postpone the hearing and allow this project to be re-bid and, on the basis of the new bid, that an equalized assessment be prepared. A brief discussion ensued about the costs and design of light standards and it was concluded with the agreement that staff will specifically identify the costs of these light standards. Another matter of inquiry was the four lots that had been left out of the petition. Staff responded that they would investigate this matter. Councilman Ryan moved, seconded by Councilman McTaggart and carried to continue this hearing to May 4, 1989 and that staff prepare an equalized assessment role. I -4- MARCH 7. 1989 WATT SUBDIVISION (1411) The City Manager presented the staff report and the recommendation to provide for public testimony and then continue the public hearing to the 1st regular meeting in April. Sunshine, representing the Peninsula Horsemen's Association, told the Council that the Association had not had an opportunity to review the latest sketches of this proposed development. She stated objection to the location of the trails in certain areas of the proposed development. Council then summarized their observations for this development.- On proposal No. 5 deletion of the two flag lots (#49 & #50) east of the eastern access; deletion of the pie shaped lot (#20) at the westerly access intersection, re- drawing of the remaining two lots (#18 & #19) in that same area* request that the Trails Committee look at the proximity of the two lots re-drawn and the southerly property line of lots #17 and #18. Also, the lot across the street and abuting the Salvation Army (#6) should be left as open space. Council indicated that therefore the lots with driveway access at the intersection will be eliminated and that adequate linkage for present and future trails will be provided. Also questioned was the necessity of the street that ties the two parts of the development together. Questioning the cul-de-sac on the eastern side, Council thought that it be reoriented so it does not extend into the canyon. Council inquired whether the Trails Committee's concerns would be forwarded to the City Council and at what point in the preparation of the EIR could any changes be incorporated therein. Staff reported that the City Council would get a full report after the circulation of the Environmental Impact Report, sometime at the end of March. RESOLe NO* 89-22 DALADIER The City Manager presented the UNDERGROUNDING DISTRICT (901) staff report and the recommendation to adopt the resolution in connection with reopening the public hearing at the Council Meeting on April 18, 1989. OR (1) Adopt a resolution confirming a proposed assessment, confirming a proposed maximum annual assessment, ordering proposed improvements to be made and declaring its action upon the engineer's report, as modified, and the assessments in connection with Rancho Palos Verdes Improvement District No. 5A, Daladier, et al; (2) Adopt a resolution authorizing the issuance and providing for the sale of bonds representing unpaid assessments in connection with Rancho Palos Verdes -5- MARCH 7. 1989 Improvement District No. 5A, Daladier Drive, et al and authorize the purchase contract with Miller & Schroeder Financial, Inc.: and- (3) Award the construction of the project to Mel Smith Electric, Inc., contingent upon receipt of the necessary easements, in an amount not to exceed $670,900 plus provide a contingency of $29,100 at this time for a total of $700,000. The Director of Public Works reported that the bid received from Mel Smith Electric, will be extended and that staff recommended reopening the hearing. The City Attorney reported that no public testimony would be taken at this time as notice of the re-opening of the hearing had not been provided. Stating his objection to this was Mr. McGee, 34 Avenida Corona, Rancho Palos Verdes. RECESS AND RECONVENE At 8*050 P.M. the Mayor declared a recess. At 9-000 P.M. the meeting reconvened. RESOLUTION NO* 89-22.- OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING ITS INTENTION TO REOPEN A PUBLIC HEARING IN CONNECTION WITH RANCHO PALOS VERDES IMPROVEMENT DISTRICT NO. 5A, DALADIER DRIVE, ET* AL. was presented by title and ADOPTED on motion of Councilman Ryan, seconded by Councilman McTaggart and carried. Staff was requested to prepare the definition of the administrative costs for the April 18th meeting. COUNCIL REPORTS, VIEW PROTECTION Mayor Bacharach reported that the City Attorney had rewritten the view initiative to remove with constitutional impediments that existed in the initiative circulated by the citizens committee. It was the consensus that the Council would meet on March 27th at 7.*30 P.M. for a work session to review this initiative. REPORT ON MEETING WITH Mayor Bacharach reported on her COMMITTEE CHAIRMEN: meeting with the committee chairmen. In particular, she explained the Traffic Committee's request that they be apprised of the long range developments proposed for the coastline so they could factor those developments into the traffic issues being considered by them. The Mayor suggested that the Council consider holding work sessions with all of the committees to discuss areas of concern that the committees may have. Discussion then ensued about the fact that environmental -6- MARCH 7. 1989 impact reports address the cumulative traffic impacts for all developments along the coastline. Concern was expressed that perhaps EIRs should also address the character of traffic patterns, Director Benard reported that he has made presentations to neighborhood groups and addressed such concerns as overall City developments and their impact and perhaps this kind of a presentation would also be helpful to the Traffic Committee. The question was raised whether it was proper for the Council to meet with the various committees to discuss proposed developments. Pending an opinion from the City Attorney it was the consensus that a work session would be planned for May 30th with the various committees and commission., 41 AUDIENCE QUESTIONS, Rhonda Lintz Casey, 30542 Rhone Drive, reported to the Council that in the McCarrell Canyon, which is adjacent to her home, the Water Company from time to time releases large amounts of water. She was concerned about this and inquired if the City was aware of this practice. She then related her experience in contacting the Water Company to report this incident. It was the consensus that the staff should contact the California Water Service Company to investigate the reasons for this practice and, if necessary, the Mayor would send a letter to them. Staff was requested to report on this matter in the Weekly Status Report. Lois Larue, 3136 Barkentine Rd., confirmed Mrs. Casey's report about the Water Company's practice. On another matter she inquired about the availability of the audio tape for the January 17th meeting. Mrs. Larue was informed that no audio was available for that hearing and, since the meeting went so late, no video tape was even made of the later part of that meeting. Stating that the maps of the drawings of the proposed alternatives for the Watt project were illegible, she inquired if other maps were available. She was advised, that the Watt Company has large drawings available and that Mr. Phil Robinson with the Abalone Cove Homeowner's Association also has large scale maps of the Watt Development. CITY MANAGER REPORTS: STATUS OF COUNCIL Council inquired about the DIRECTIVES status of the vaults for the Hawthorne Undergrounding District, Staff reported that construction of these vaults was approximately one month behind schedule. Council then requested that two items be added to the directives: Mid- -7- MARCH 7. 1989 street stop sign at Vista Grande and cross hatching at the intersection of Crest and Crenshaw. BUILDING BOARD OF APPEALS The City Manager presented the (201 x 1203) staff memorandum of March 7th which concerned the avail- ability of contracting for the services of a Building Board of Appeals to handle designated duties. Staff recommended that the City use the services of the International Conference of Building Officials (ICBO) whenever necessary for the interpretations of the City's Building Code. Councilman Hinchliffe so moved, seconded by Councilman Ryan and carried,, GOLF COURSE CONSULTATION It was the consensus that the REPORT (1201 x 7:01 x 1801) Council would meet at 6:00 P.M. on March 27th to get a report from the golf course consultant and that the view initiative would be discussed at 8.*00 P.M. ITEMS REMOVED FROM THE CONSENT CALENDAR: CONTRACT FOR AUDITING Mayor Bacharach recommended SERVICES (605) that a sub-committee be formed to receive a report f rom the auditor after their completion of the annual audit. Council discussion followed on whether this should be a report to the entire City Council or a sub-committee and the cost for such a report. It was the consensus that staff should investigate the cost of adding this feature to the auditing contract.. The contract with Peat Marwick, certified public accountants, for auditing services for the next five years upon annual renewal at a cost of $10,200 was approved on motion of Councilman Hughes, seconded by Councilman Hinchliffe and carried on the following roll call vote: AYES,* McTaggart, Hughes, Hinchliffe, Ryan and Mayor Bacharach PARCEL MAP 12431 Larry Schmidt, 3330 Palos (MARGUERITE DRIVE) (1410;,) Verdes Drive South, represent- ing Watt Palos Verdes inquired as to the intent of the Planning Commission and the City Council when these bonds were initially required for these improvements. He stated that he thought the Berry family should pay their share of these improvements and hence his request that the City collect the cash guaranteed by the Letter of Credit and distribute $33,200 to the Berry Pointe Partnership. Speaking on behalf of the Berry Trust was their -8- MARCH 7. 1989 attorney Willard M. Reisz, 10880 Wilshire Boulevard, Los Angeles, who told the Council that the improvements have been made and the bond should be exonerated and released in favor of Marguerite Berry, Councilman Hinchliffe moved, seconded by Councilman Ryan and carried to adopt the staff recommendation to accept the Parcel Map 12431 water facilities, driveway improvements and sanitary sewer improvements as complete and release the corresponding faithful performance and labor and materials securities. LANDSLIDE MORATORIUM The City Manager presented the EXEMPTION NO. 27 (1801) staff recommendation to approve the applicant's request for a moratorium exemption for a 245 square foot addition for expansion of the livingroom and bedroom, not including plumbing, subject to the conditions listed in exhibit "A" of the staff report. The applicant in this matter, William Hassoldt, 203 Seascape, told the Council that he applied for a 245 foot square addition to his home and was not aware that the deck would be counted as part of that addition. He stated that his property is 4400 square feet and that the proposed addition and deck would cover only 320 of the property. He questioned the method of calculating the addition and requested that Council consider his application for the proposed deck of 412 square feet and the 245 square addition for expansion of the livingroom. Councilman Ryan moved, seconded by Councilman Hughes to approve the applicant's request for a moratorium exemption for a 245 foot square addition for expansion of the living room and bedroom, not including plumbing, subject to the conditions outlined in Exhibit A to the staff report. Additionally that the application include the 412 square foot deck. The motion carried unanimously. RECESS TO CLOSED SESSION At 10*-15 P.M. the meeting recessed to a closed session for discussion reconvened with March 9th for a funds. of personnel. At 11-045 P.M. the meeting no action taken and adjourned to 7:30 P.M. on meeting to discuss the use of recycling A;.FNTEST; CI T<1 CLERK N92 -9- MAYOR MARCH 7. 1989