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CC MINS 19871008M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING October 8. 1987 The meeting was called to order at 7:30 P.M. by Mayor Melvin W. Hughes at Hesse Park Community Center, 29 301 Hawthorne Blvd, After the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: RYAN, BACHARACH, HINCHLIFFE , McTAGGART and MAYOR HUGHES ABSENT: NONE Also present were City Manager Dennis McDuffie, City Attorney Steve Dorsey, Director of Environmental Services Robert Benard, City Clerk Jo Purcell, Public Works Director George Wentz, and Finance Director Kevin Smith, WAIVER OF FULL READINGS OF Councilwoman Bacharach moved, ORDINANCES & RESOLUTIONS seconded by Councilman Ryan 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, unless specific request was made at that time for the reading of such ordinance or resolu- tion. APPROVAL OF AGENDA The City Clerk announced the addition of the Wallace Ranch Board of Directors item to the agenda. The agenda as amended was approved on motion of Councilman Hinchliffe, seconded by Councilwoman Bacharach and carried. CONSENT CALENDAR The City Clerk announced the removal of the following: agreement with Wickliff Co., award of contract with Jamick, claim against the City by Gunter Johnson and award of contract with Envicom. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to approve the Consent Calendar as follows: 709CP /MINCC10.8 -1- October 8 , 1987 MINUTES COMMUNITY DEVELOPMENT BLOCK GRANT COOPERATION AGREEMENT - RESOL. N0. 87 -57 ( 601) COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT AMENDMENT NO. 2 ( CONTRACT NO. 48033), ( 601) CLAIM AGAINST THE CITY BY THE HEIRS OF RAY E . TANGUAY . (30 3 ) LONG TERM DISABILITY INSURANCE PROGRAM. (902 X 1202) RESOL. NO. 87 -55 ESTABLISHING CERTAIN STOP SIGNS* (15 0 2 ) CLAIM AGAINST THE CITY BY - SMITH, CLYDE AND LE ONE . (30 3 ) Approved the minutes of September 15, 1987. APPROVED THE EXECUTION OF THE PROPOSED COOPERATION AGREEMENT WITH THE LOS ANGELES COUNTY COMMUNITY DEVELOPMENT COMMISSION AND ADOPTED RESOLUTION NO. 87 -570 Authorized the City Manager to sign the proposed CDBG Contract, Amendment No. 2 for Contract No. 48033. Rejected the claim and directed the City Clerk to notify the claimants, Approved an amendment to the Long Term Disability insurance policy with Standard Insurance Company. ADOPTED RESOL . NO. 87 -55 ESTABLISHING STOP REGULATIONS AT CERTAIN INTER- SECTIONS WITHIN THE CITY OF RANCHO PALOS VE RDE S . Rejected the claim and directed the City Clerk to notify the claimants. RESOL. N0. 87 -56 ADOPTED RESOL, NO. 87 -56 ALLOWING REGISTER OF DEMANDS. 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: RYAN, BACHARACH, HINCHLIFFE , McTAGGART and MAYOR HUGHES NOES: NONE GTE BUILDING AT Councilwoman Bacharach moved, 3545 DAUNTLESS DRIVE. (1804) seconded by Councilman Hinchliffe and 709CP /MINCC10.8 -2- October 8, 1987 CUP NO* 41 REVISION APPEAL EPISCOPAL HOME, (1804 ) carried to continue the pub lic hearing for review of the revised site plan to October 20, 19870 The City Manager presented the staff memorandum and recommendation to dismiss the Appeal, thereby upholding the Planning Commission's approval of the project and the Conditions of Approval in Resolution P.C. No. 87 -42. Elmer Grimes, 6 Branding Iron Lane, Rolling Hills Estates, presented an aerial photograph of the Episcopal Home and surrounding area and explained the location of the proposed equestrian trail. Sunshine, 6 Lime tree , pre- sented a list of the concerns that had been posed by opponents of this trail and explained how they were either eliminated or were unfounded. Speaking in opposition to this proposed trail were the following persons: Alvin Laf on , representing the Canterbury, 5801 W. Cres tridge ; Don Rinkowi tz , 29625 Whitley Collins Drive; Carolyn Huber, 5801 Cres tridge ; David Galas, 29504 Whitley Collins Drive; Roy Irick, 1517 Via Arco; Doug Heiner, 29158 Oceanridge Drive; Ray Mathys , 5738 Whitecliff, , representing the Mesa Palos Verdes Homeowners Association; Abner Rasumoff, 160 Aspen Way. These speakers objected to the horse trail because of its proximity to the Canterbury residence and the problems resulting therefrom: odor, flies, a breach in the security of the property and the hazards it presented because it cut through the vegetable garden area that the Canterbury residents cultivate. Moreover, several speakers cited the fact that this proposed trail didn't hook up to any other trails. Finally, concern was expressed about the maintenance of this trail. The City Attorney then summarized the recently decided case of Nollan versus the Coastal Commission and how this proposal for a horse trail was similar in that there didn't exist a substantial nexus for the easement and con- sequently the request for the easement may be invalid. Councilman Hinchliffe moved, seconded by Councilman Mc Taggart and carried to approve the staff recommendation. After a brief discussion about the feasiblity of a walking trail in the area, it was the consensus that the Trails Committee should review the area for possible future trail routes, VARIANCE N0. 164 - APPEAL The City Manager presented the staff LOCATION: 3466 VIA CAMPESINA memorandum and recommendation to (1804) dismiss the Appeal, thereby upholding the Planning Commission's condition of approval that the landowner shall record an Irrevocable Offer to Dedicate an equestrian trail easement on the subject property. 709CP /MINCCI0.8 -3- October 85 1987 John P. Bowler, 3456 Via Campesina, who lives adjacent to the 25 foot equestrian trail easement, expressed his concern about the impact this would have on his property. He read his letter of July 26, 1987 which is on file with the City Clerk's Office. Speaking in support of this easement were the following persons: Sararuth Grimes, 6 Branding Iron Lane, and Sunshine, 6 Limetree. Their comments cen- tered on the necessity of preserving the open trails, Requesting clarification of this easement process was David Galas, 29504 Whitley Collins Drive. Speaking on behalf of Mr. Bowler was Edward Ferraro, 11 Crestwind Drive, who said that if at some future time the City decided to exercise its right to establish a trail along this easement which Mr. Bowler presently uses, then Mr. Bowler would be denied access to the upper part of his property. Councilman Hinchliffe moved, seconded by Councilman Mc Taggart to approve the staff recommendation as presented as well as request the Trails Committee to research the location of the Palos Verdes Properties trail easements in this area, as well as throughout the rest of the City for possible inclusion in the Trails Network Plan, LEAF BLOWERS (1801) The City Manager presented the staff memorandum and the recommen- dation to continue this matter until November 17, 1987, Speaking in opposition to a ban on the use of leaf blowers were the following persons: Peggy Costello, 41 Rockinghorse Road; and George Kamio, representing the Gardena Valley Gardeners' Association, 16903 Dalton Avenue. They cited the increase in water usage should blowers be banned, the increase in gardening fees and the necessity in using them on large lots, Speaking in favor of a ban were the following persons: Ann Richardson, 30823 Cartier Drive and Carol Kramer, 6810 Crest Road. They cited the air pollu- tion and high noise level resulting from the use of these leaf blowers, Council then referred to the October 9, 1987 letter from Benjamin E. Kuchar, M.D. , objecting to use of these blowers. Said letter is made a part of the record and is on file with the City Clerk's Office, Councilwoman Bacharach moved, seconded by Councilman Hinchliffe and carried to continue this item to November 17, 1987, REPORT ON TRAFFIC SITUATION The City Manager presented the AT MIRALES TE HIGH SCHOOL staff memorandum of October 8, 1987) (1502) and the recommendation to 1) Proceed with corrections to striping and gates (by School District) , 2) Discontinue traffic control in the afternoon; 3) Continue morning traffic control at a cost of $11,000; 4) Deny the request for signalization; and 5) Agree to meet with Palos Verdes School District and Homeowners Associations to discuss improvements. 709CP /MINCC10.8 -4- October 8, 1987 Council then commented on and inquired about moving the "U" Turn further away from the school entrance; whether the School District had agreed to the restriping of the gate area; the removal of certain vegetation around that area to improve sight distance; and, clarification of the recom- mended improvements. Councilwoman Bacharach moved, seconded by Councilman Mc Taggart to approve the staff recommendations 1 through 4 with the Amendment to No. 5 that they be the improvements as listed on the June 10, 1987 staff report to the Traffic Committee. The motion carried on the following roll call vote: AYES: RYAN, BACHARACH, HINCHLIFFE , McTAGGART and MAYOR HUGHES NOES: NONE REFUSE FRANCHISE REQUEST The City Manager presented the FOR PROPOSAL, ( 605) s taf f memorandum of October 8. 1987 and the recommendation that Council 1) Approve the recommended time line. 2) Approve a curbside recycling program be included in the refuse franchise if determined to be feasible. The Council then commented on the fact that Area One had been broken down into three areas because this would allow the smaller companies the opportunity to bid on them should they be unable to service the entire Area One. Councilman Hinchlif f e moved, seconded by Councilman Mc Taggart, and carried to approve the staff recommen- dation. LANDSLIDE MORATORIUM The City Manager presented the AMENDMENT INITIATION, (1801) staff memorandum of October 8. 1987 and the recommendation to initiate the Amendment and to schedule a public hearing before, the City Council in November, 1987. After Council clarification of the process to be followed, Councilman Ryan moved, seconded by Councilman Mc Taggart and carried to approve the staff recommendation. CONDITIONAL USE PERMIT NO. 23 The City Manager presented the staff REVISION APPEAL, memorandum and recommendation to LOCATION: 32405 AQUA VISTA, dismiss the Appeal, thereby denying (1804) a request to install a pool and spa on the subject property. John Vilicich, 1622 S, Gaffey St. , the architect for this project objected to what he felt was changing the rules on lot coverage after he had received guidelines which did not consider a pool as lot coverage. In response to Council's inquiry, staff explained how the applicant had revised the plans for the house and the installation of the pool was another revision which would increase the coverage of the lot. 709CP /MINCC10.8 -5- October 83 1987 Council then inquired if the applicant was aware of this restriction at the time he submitted the plans for the pool. Councilman Hinchliffe moved, seconded by Councilman Mc Taggart to adopt the staff recommendation. The motion carried on the following role call vote: AYES: BACHARACH, HINCHLIFFE , McTAGGART and MAYOR HUGHES NOES: RYAN PARKING AT PORTOFINO Director Benard summarized the construction schedule for this project and the efforts made to accommodate parking for the Portofino Restaurant. The owner of the restaurant, Mr. Pizzocchieri, described the restrictions this construction has placed on his customer parking and how he had lost a substantial amount of business, A lengthy discussion ensued about the possible variations on the schedule, re- routing of traffic around the area and on the amount of parking that had been proposed by the developer of the center. It was the consensus that Mr. Pizzocchieri should stay in touch with staff to see what can be done to facilitate his parking. REQUEST FOR CHANGE IN The City Manager presented the staff ORDINANCE N0. 216U. memorandum and the recommendation to (1804) consider certain changes to this ordinance. Councilwoman Bacharach moved, seconded by Councilman Mc Taggart to approve the staff recommendation. Council then inquired if the Monaghan Company had a non- competitive agreement with HBJ or if they had bought this property on a contingency basis. Councilman Ryan moved, seconded by Councilman Mc Taggart to request a title report on the Marineland property. The amendment died on a four -one vote with Councilman Ryan voting in favor. The main motion carried on a four-one vote with Councilman Ryan voting in opposition, Representing the Monaghan Company was John Corcoran, 6610 Palos Verdes Drive South, who said that Mr. Monoghan was willing to meet and clarify the terms of the purchase and that there was no relationship with HBJ. CITY REPRESENTATIVE TO THE WALLACE RANCH FOUNDATION BOARD (106 X 1411) GRADING APPLICATION NO. 896, REVISION APPEAL RECONSIDERATION. (1801) City Manager McDuffie recommended that Mary Thomas to be appointed to Board for the limited purpose of changing by-laws, Councilman Ryan so moved, seconded by Councilman Mc Taggar t and carried, Referring to the request submitted by Mr, Stephan, the City Manager 709CP /MINCC10.8 -6- October 8 , 1987 (1801) requested that the Council consider reconsideration of the applicant's request. Councilman Hinchliffe so moved, seconded by Councilman Mc Taggart. The motion carried on a four -one vote with Councilman Hinchliffe voting in oppos Lion. ITEMS REMOVED FROM THE CONSENT CALENDAR: APPROVAL OF AGREEMENT WITH WICKLIFF & COMPANY (1411) After clarification of what the deve- loper would be saving -with their use of this site, Councilman Ryan moved , seconded by Councilman Hinchliffe and carried to accept and authorize exe- cution of the agreement with Wicklif f & Company. AWARD OF CONTRACT FOR Council inquired if the final plans REMODELING OF GREEN BUILDING* on this project had been presented to (1201) them for review. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to award a contract to Jamik Construction for remodeling the Green Building for a total cost of $140,300. The motion carried on the following role call vote: AYES: BACHARACH, HINCHLIFFE , McTAGGART and MAYOR HUGHES ABSTAIN: RYAN CLAIM AGAINST THE CITY BY HEIRS OF GUNTE R JOHNSON (30 3 ) AWARD OF CONTRACT TO ENVICOM CORPORATION FOR PREPARATION OF AN EIR (1803) Af ter Council inquiry about the feasibility of banning skateboarding in the City, Councilman Hinchl i f f e moved, seconded by Councilman Mc Taggar t to reject the claim and directed the City Clerk to notify the claimants. After clarification of the necessity of Council approval of this contract, Councilman Hinchliffe moved, seconded by Councilwoman Bacharach to: 1) Approve the contract in the amount not to exceed $26,620. 2) Authorized the Mayor and City Clerk to sign the Contract on behalf of the City. 709CP /MINCC10.8 -7- October 8. 1987 ADJOURNMENT At 12:15 A.M., the meeting adjourned on motion of Councilman Mc Taggart. �MIW® 709CP /MINCC10.8 -8- October 8, 1987