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CC MINS 19871217 ADJM I N U T E S RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING December 17, 1987 The meeting was called to order at 7:30 PM by Mayor Robert E. Ryan at Hesse Park Community Center, 29301 Hawthorne Boulevard. Af ter the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BACHARACH , Mc TAGGART , HUGHES AND MAYOR RYAN LATE ARRIVAL: HINCHLIFFE (@ 7:45 PM) Also present were City Manager Dennis McDuf fie , City Attorneys Steve Dorsey and Quinn Barrow, 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 Councilman Mc Taggart moved, seconded by ORDINANCES & RESOLUTIONS Councilwoman Bacharach and carried to waive reading in full of all ordinances and resolutions adopted at the 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 resolution. APPROVAL OF AGENDA The City Clerk announced the addi- tion of discussion of Parking on Silver Spur (Ryan) and issuance of permit for parking trailer to store furniture (Ryan). The agenda as amended was approved on motion of Councilman Mc Taggart, seconded by Councilman Hughes and carried. CONSENT CALENDAR The City Clerk announced that Item No. 5 ( Resolution regarding Wes tern Avenue Parking) was removed and would be placed on the January 14, 1988 agenda and that Item No. 8 ( holiday schedule) had been moved to the end of the agenda. Councilman Mc Taggart moved, seconded by Councilman Hinchliffe to approve the Consent Calendar as follows: MINUTES Approved the minutes of December 1, 1987. - 1 - 702CP /CCMIN.1 -5 December 17, 1987 ATHLETIC FIELD RENOVATIONS Awarded the contract for the athletic (1201) field renovations at Hesse Park and Portuguese Bend Field to Satsuma Landscaping at a cost of $33,681, (Bid price of $28,068 plus 20% contingency), AGREEMENT WITH THE S0. CALIF. Authorized the Mayor and City Clerk to RAPID TRANSIT DISTRICT (1505) sign an agreement with the SCRTD for the continued operation of Line 685 for the period of January 1, 1988 through June 24, 1988. CLAIM AGAINST THE CITY Rejected the claim and directed the City BY TABAZADEH (303) Clerk to notify the claimant of Council's action. RESOL. NO. 87 -68 - REGISTER ADOPTED RESOLUTION NO. 87 -68 - REGISTER OF DEMANDS OF DEMANDS RESOL, N0. 87 -69 - CONSENTING ADOPTED RESOLUTION N0. 87 -69 - CONSENTING TO PAYMENT BY THE RANCHO TO THE PAYMENT BY THE RANCHO PALOS VERDES PALOS VERDES REDEVELOPMENT REDEVELOPMENT AGENCY FOR CERTAIN COSTS . AGENCY (1801) The motion to approve the Consent Calendar carried on the following roll call vote: AYES: BACHARACH, HINCHLIFFE , MC TAGGART, HUGHES AND MAYOR RYAN ABSTAIN: HINCHLIFFE and MAYOR RYAN on Resol. No. 87 -69 TENTATIVE TRACT N0. 44239 - VILLA CAPRI (Golden Cove) (1411 x 701) Assistant Fire Chief Ray Brunstrom, responding to a Council inquiry about the necessity for this change, stated that it was made after a meeting between representatives of the Fire Department and the project architect. He further stated that the reduction in the fire flow was in accordance with the schedule required by Fire Department Engineering. 2 - 702CP /CCMIN.1 -5 December 17, 1987 The Mayor opened the public hearing on this request from Lanco Engineering to revise the fire flow requirements in the conditions of approval for this tentative tract map. The City Clerk reported that notice had been duly published and no written protests were received by the City. The City Manager presented the December 17, 1987 staff report and the recommendation to revise Condition No. 41A. Assistant Fire Chief Ray Brunstrom, responding to a Council inquiry about the necessity for this change, stated that it was made after a meeting between representatives of the Fire Department and the project architect. He further stated that the reduction in the fire flow was in accordance with the schedule required by Fire Department Engineering. 2 - 702CP /CCMIN.1 -5 December 17, 1987 Concern was expressed about how this change would be affected in the field. The suggestion was made that perhaps it could be made a part of the Conditional Use Permit. It was the consensus to make this change to the proposed resolution as Section 41F and it should read as follows: require two hour fire flow stan- dard. There being no response to the Mayor's call for public testimony he then closed the public hearing. RESOLUTION N0, 87 -70 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A REVISION TO CONDITION 41A AND 41F OF TENTATIVE TRACT MAP 44239 was presented by title and adopted unanimously on motion of Councilman Hughes, seconded by Councilman Mc Taggart. TRACT N0. 44239 (VILLA CAPRI) - APPROVAL OF FINAL MAP (1411 x 701) City Manager McDuffie presented the December 17, 1987 memorandum and the recommendation to approve the final map, accept the securities for Tract No. 44239, accept all proposed dedications as noted on said map, and authorize the City Clerk to sign the final map. Councilwoman Bacharach moved, seconded Councilman Hinchliffe to approve the staff recommendation. The motion carried on a 4 -1 vote with Councilman McTaggart voting in opposition. TRACT NO. 44239 (VILLA CAPRI) City Manager McDuffie presented the (1411 x 701) December 17, 1987 staff memorandum and the recommendation to enter into an affordable housing agreement for Villa Capri. Mark Lampken of the City Attorney's Office then joined the meeting to answer any questions that the Council had regarding this agreement. A lengthy discussion between Mr. Lampken and the City Council followed during which the following items were discussed: how the City would be notified in the case of resale of these units; if the City could be assured of the identity of the ultimate purchaser of the affordable units; what happens in the event that a resident is transferred for a matter of only 9 months; if a purchaser could use these units as collateral for loans and what would happen in such a case if the loan was foreclosed. With regard to such foreclosure, concern was expressed about whether the City could place a condition on the property prohibiting it from being pledged as collateral. The next item of discussion was giving resi- dents of Rancho Palos Verdes first right to these units; after that the eligibi- lit y would be open to residents of Los Angeles County. The basis for determining residency within the City was the next matter of concern and it was the consensus that it would be defined as place of domicile. The 30 year limi- tation on the resale of these units was next discussed and whether or not it could be extended beyond that period. Changes made to the agreement were as follows: Page 2 of the Grant of Pre- empt of Right to Purchase, Section 1, Paragraph F was amended to require re that the owner acknowledges that the subject property must be owner- occupied at all times and the owners failure to occupy the subject property for a period of 180 consecutive calendar days would be a breach hereunder. Page 3 was amended to change priority process for initial sales to residents of Rancho Palos Verdes and then residents of Los Angeles County. On that same page, Paragraph B was amended to require that the Notice to Sell would be delivered to the City - 3 - 702CP /CCMIN .1 -5 December 17, 1987 Clerk's Office. The Notice to Sell and Property Information Form was amended to require that the agency would contact the owner within five (5) business days from receipt of the Notice to Sell. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to approve the agreement with the recommended changes. The motion carried on a 3 -2 vote with Councilmembers Hughes and Mc Taggart voting in opposition. RECESS At 9:15 PM the Mayor declared a recess , at 9: 30 PM the meeting reconvened. AUDIENCE QUESTIONS Responding to the Mayor's call for questions for items not on the agenda was John Lefevre , 22 Santa Bella Road, Rolling Hills Estates. Mr. Lefevre is the Chairman for the Youth on Parade Steering Committee and requested that Council offer its support in the sale of pins to finance the parade which would take place on January 9, 1988. TAX SURVEY AND ELECTION City Manager McDuf f ie presented the INFORMATION (501) December 17, 1987 staff memorandum and an analysis of the phone survey to be conducted as a result of Council request at the December 1. 1987 work session.. He went on to explain that the firm of Opinion Research of California had submitted a proposal to the City. Based on previous surveys conducted they estimated the total cost to be approximately $5500 to $6500. That figure was based upon a 4 to 5 question survey of approximately 600 or 700 residents. They estimate an error factor of plus or minus 5 1/2%. The firm will write the questions, hire the necessary personnel and submit a report on the results of the survey. The larger the survey the lower the error factor and the higher the cost. City Attorney Dorsey reported that his research of a parcel tax indicated that such a tax could be imposed for general purpose use, Council then discussed the taxation of properties zoned one unit or less, and the tax on multiple dwelling units. Additional discussion centered on the noti- fication to residents about the tax, a possible appeal process for owners of commercial property. Council resumed discussion of the survey and the error factor that would be pre- sent in the larger survey. Additional inquiries were made about apprising the survey company of the City's needs, whether the company should be interviewed prior to the survey. Mayor Ryan appointed both himself and Councilwoman Bacharach to serve as a questionnaire subcommittee. Concern was expressed over whether an additional $5,000 should be expended to get an additional 2% confidence factor in the survey. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to authorize this survey at a not to exceed price of $10,000 with the understanding that the amount spent will be based upon the concerns of the Council. - 4 - 702CP /CCMIN.1 -5 December 17, 1987 STATUS OF SB709 - City Manager McDuffie presented the NO & LOW TAX BILL report of December 17 .9 1987 which outlined the passage of SB 709 and the anticipated revenue this legislation would bring to the City. Mayor Ryan reported on his attendance at a meeting of the Senate Local Government Committee on December 91 1987 where this legislation was discussed and where the various cities affected by it gave testimony. At that hearing a committee comprised of local elected officials was appointed to further research this matter and develop a League position. Staff was requested to find out the date that committee would be meeting so a representative from the City could attend. ORDINANCE N0. 223 - AMENDMENT City Manager McDuffie presented the TO LANDSLIDE MORATORIUM (1801) December 17 , 1987 staff memorandum and the recommendation to introduce and give first reading to this proposed ordinance. ORDINANCE NO. 223 OF THE CITY OF RANCHO PALOS VERDES AMENDING ORDINANCE NO. 108U ( LANDSLIDE MORATORIUM) was presented for first reading. Councilman Hinchlif fe moved , seconded by Councilman Hughes to waive further reading and INTRODUCE ORDINANCE N0, 223. Motion carried unanimously. COMMITTEE AND COMMISSION Mayor Ryan recommended that appointments APPOINTMENTS (106) to these committees be postponed until the January 143 1988 City Council meeting. He recommended that in the meantime the Councilmembers give the names of the applicants that they wish to re- interview to the City Clerk so she can schedule interviews for people who have been previously interviewed and for people who are now sitting on the committees and commission. A brief discussion followed and centered on the fact that some people who have applied were inter- viewed as long as one and two years ago and perhaps should be reinterviewed . Councilwoman Bacharach moved, seconded by Councilman Mc Taggart to continue this matter until January 14, 1988 with the proviso that the Council request the City Clerk to call and make the appointments for these additional interviews. The motion carried on a 4 -1 vote with Councilman Hughes voting in opposition. NUISANCE ABATEMENT AT 28075 and 28049 ELLA ROAD (1701) inquired about the cost of the lien property owners had been notified, inspected, City Manager McDuffie presented the December 15, 1987 staff memorandum and the recommendation to authorize staff to proceed with Nuisance Abatements at 28075 and 28049 Ella Road if the cause of the nuisance (obstructed bench drain) has not been eliminated by the property owner within the time specified. Council for abating this nuisance, how recently the and the last time the properties were Councilman Hinchliffe moved, seconded by Councilwoman Bacharach and carried to adopt the staff recommendation. - 5 - 702CP /CCMIN.1 -5 December 17 , 1987 STOP SIGN - SEA COVE & City Manager McDuffie presented the staff COASTSITE (1502) memorandum of December 17, 1987 and the recommendation to hear the public testi- mony and review the installation of the stop sign at Sea Cove and Coast Site. He went on to explain that the Traffic Com- mittee received a request to install a stop sign at Sea Cove and Coast Site, this request was reviewed and denied. That denial was appealed to the City Council at the June 7, 1987 meeting and the Council overturned the Committee's decision and the stop sign was installed on July 29, 1987. The Mayor then received a complaint about the new stop sign on August 9, 1987 and the item was rescheduled for Traffic Committee review on September 9, 1987. Responding to the Mayor's call for testimony on this item were Sydney D. DeRohner , 32859 Seagate Drive and Ray Barrett, 32859 Seagate Drive. They expressed concern about the hazardous situation at that intersection prior to the installation of the stop sign and its resumption if the stop sign is removed, Speaking in favor of removing the stop sign were Bob Boole, 6402 Via Baron and Nagy Jacob, 6510 Via Baron. They described the history on this intersection and how the double yellow line had been moved and alleged that the installation of the stop sign did not accomplish its intended purpose. Discussion then ensued about the private driveway that interferes with the public road, whether the stop sign should be closer to the private driveway and why the stop sign was placed so far behind the driveway. Additional concern was expressed about the obstruction of the line of sight by a hedge that exists in that area, whether the intersection is a curve or a right angle, and if the yield sign on the private driveway should be changed to a stop sign. Councilman Hinchliffe moved, seconded by Councilman Mc Taggart and carried that the City Manager send a letter to the Bay Club requesting that a stop sign be installed in place of the yield sign and that the Public Works Department trim the hedges to clear for visibility requirements: also, that this matter should come back to the City Council in 90 days . LOOP TRAIL CONCEPT (701) manner to the concept of a Loop recommendation that the Council the Committee for further study, City Manager McDuffie presented the December 17, 1987 memorandum from the Trails Committee and their recommendation that the Council respond in a positive Trail on the Peninsula. He then presented his return the Trails Committee recommendation to Council discussion then began on the question of the cost for achieving such a Loop Trail on the Peninsula, the staff effort required for this project, and the fact that if the City does not adopt this concept that perhaps it might lose its ability to develop a Loop Trail altogether. Speaking in favor of the adoption of this concept were the following: John LeFevre, 22 Santa Bella, representing the Scout Parents Incorporated; Richard Hubacek, 2127 General Street, representing the Palos Verdes Peninsula Society; Alfred Sattler, 2235 West 25th Street, representing the Palos Verdes - 6 - 702CP /CCMIN.1 -5 December 17, 1987 South Bay Group of the Sierra Club; Sunshine , 6 Lime tree , representing the Trails Committee; Paul Bloland, Chairman of the Trails Committee. These people cited the use of this trail by Scouts, by the Audubon Society and by hikers of the Sierra Club. Speaking in opposition to the Trail Loop concept was Ray Mathys , 5730 Whi tec li f f , who requested adoption of the staff recommendation and suggested that this idea be evaluated in terms of maintenance, cost, settlement of the concerns about health matters and other potential conflicts. Council discussion then centered on the required easements for the Loop Trail and how the Environmental Services Department would acquire those easements, how these easements would be flagged when developments are proposed, and generally how this concept would be implemented when applications are made by developers. Councilman Hinchliffe moved, seconded by Councilman Hughes to respond in a posi- tive manner to the Peninsula Trails Loop concept. Motion carried on a 4 -1 vote with Councilman McTaggart voting in opposition. CITY COUNCIL REPORTS Appointment to Council Committees - Mayor Ryan made the following appointments to the Council outside organizations: oijtside Organizations City Selection Committee League of California Cities Sanitation District S .C.A.G. South Bay Corridor Study Steering Comm. South Bay Juvenile Diversion So. Calif, Joint Powers Ins. Authority South Bay Cities Association California Contract Cities Chamber of Commerce West Basin Water District Standing Committees Newsletter Peninsula Transportation School Liaison Regional Sheriff Public Safety Landslide Operating Landslide Long Range Planning Cable TV AD HOC COMMITTEES Refuse Franchise Rental Housing - 7 - Alternate RYAN /BACHARACH RYAN /BACHARACH RYAN /BACHARACH McTAGGART /BACHARACH BACHARACH /McTAGGART BACHARACH /McTAGGART HUGHES /McTAGGART McTAGGART /BACHARACH RYAN /McTAGGART ENTIRE COUNCIL McTAGGART /RYAN RYAN /HINCHLIFFE BACHARACH /McTAGGART RYAN /HINCHLIFFE BACHARACH /HUGHES HUGHES /BACHARACH McTAGGART /HUGHES BACHARACH /HUGHES BACHARACH /HUGHES RYAN /BACHARACH McTAGGART /RYAN - -I- - - - 1 -7 1 nn-7 Post Office McTAGGART /BACHARACH Marymount College RYAN /HINCHLIFFE Substance Abuse HINCHLIFFE /McTAGGART Wallace Ranch RYAN /McTAGGART It was the consensus that since there was a new subcommittee for the landslide that the item would be brought back in ninety (90) days for review and that staff would draw up the parameters of those subcommittees, Sheriff's Breakfast Follow -up - Councilwoman Bacharach reported on the meeting which had been held earlier in December with the Sheriff's Department. She sum- marized the various items discussed at that meeting such as emergency road clo- sures, the traffic at school locations now that the driveways have been closed, emergency call procedure, illegal operation of off -road vehicles, code enfor- cement and street numbering. She recommended that a number of these items be considered as the subject for a regular public information program on Cable Television and for an article in the NEWSLETTER. Council Input into Major Planning Projects - Citing some of the major projects such as Long Point and other coastal developments, Councilwoman Bacharach inquired about the possibility of Council interfacing with the Planning Commission on the early development of large projects. Concern was expressed about the limita- tions that are placed on the Council with regard to planning matters and it was the consensus that perhaps the Council could attend some of the public meetings that the Monaghan Company is arranging for presentation of the .Long Point Project. Another recommendation made was that the Council could have study sessions prior to any filings that are made on such projects. It was the con- sensus that the Director of Environmental Services and the City Attorney would develop some guidelines for Council input into these major projects. Widening of Silver Spur - Citing the fact that there will be additional students and consequently more traffic at Rolling Hills High School, Mayor Ryan suggested widening Silver Spur to accommodate added parking. The suggestion was made to contact the City of Rolling Hills Estates to see what can be done about getting additional parking in the Peninsula Center and generally inquire about what they intend to do to accommodate the additional cars. Encroachment Permit for Trailer Storage - Alluding to the permit that was issued for a trailer to store furniture on a city street, Mayor Ryan inquired if that permit could be revoked. Council then discussed the fact that parking of trailers on the street should be the last resort and that the City should seek onsite parking of dumpsters and trailers rather than using the streets. A brief discussion then ensued about a procedure requiring that such permits be signed off by senior personnel. ITEMS REMOVED FROM THE CONSENT CALENDAR Holiday Schedule for 1988 - After clarification of the holidays listed in the City Manager's memorandum, Councilman Hinchliffe moved, seconded by Councilman Hughes to adopt the proposed schedule. The motion carried unanimously. RECESS TO CLOSED SESSION ATTEST: 702CP /CCMIN.1 -5 AT 12:35 AM the meeting recessed to a closed session on motion of Councilman Mc Taggart. Said closed session being held to discuss acquisition of surplus school sites at Portuguese Bend and Ladera Linda and matters of pending liti- gation. At 1:00 the meeting reconvened and adjourned to December 19, 1987 at 10:00 AM at Hesse Park. - 9 - December 17, 1987