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CC MINS 19880202M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR FEBRUARY The meeting was called to order E, Ryan at Hesse park Community Boulevard, After the Pledge of call was answered as follows. !MEETING 21 1988 at 7:30 P.M. by Mayor Robert Center, 29301 Hawthorne Allegiance to the flag, roll PRESENT* BACHARACH, MCTAGGART, HINCHLIFFE, HUGHES AND MAYOR RYAN Also present were City Manager Dennis McDuffie, City Attorney Steve Dorsey, Director of Environmental Services Robert Benard,,, Public Works Director George Wentz., City Clerk Jo Purcell, and Finance Director Kevin Smith. WAIVER-OF FULL READINGS OF ORDINANCES & RESOLUTIONS carried to waive reading in resolutions adopted at this waiver of reading deemed to after reading of the l title , at that time f or. the readin, Councilwoman Bacharach moved, seconded by Councilman McTaggart and full of all ordinances and meeting with consent to the be given by all councilmembers unless specific request was made g of such ordinance or resolution, CEREMONIAL MATTER Mayor Ryan presented proclamations to Joan Ortolano, immediate past chairwoman of the Planning Commission, Richard Mills, immediate past chairman of the Traffic Committee and Paul Bloland, immediate past chairman of the Trails Committee. Additionally, he presented a proclamation to William Bartz, outgoing member of the Traffic Committee who had served from December 1983. # # # # # # # # # APPROVAL OF AGENDA The City Clerk announced that Councilwoman Bacharach added a report from the Transit Advisory Committee. The agenda as amended was approved on motion of Councilman Hughes, seconded by Councilwoman Bacharach and carried. CONSENT CALENDAR The City Clerk announced that the following items were deleted from the consent Calendar: The Blazevich claim and the status of council directives report. The Consent calendar was approved as follows on motion of Councilman Hughes, seconded by Councilwoman Bacharach. MINUTES Approved the minutes of December 24, 1987, January 5, 12, 14, 18, and 19, 1988, APPROVAL OF CITY HALL ENTRANCE 1. Accepted the completed LANDSCAPING PLAN (1201) work for the City Hall Entrance Planting Plan in the amount of $23,903.00. 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 30 days after said notice is recorded if no claims are filed against contractor during that period. ATTENDANCE AT OUT -OF -STATE CON- Approved the following FERENCE /SEMINAR (1202) out -of -state attendance to various conferences and /or seminars: 1. City Council and City Manager Attendance to the National League of Cities Annual Congressional Conference in Washington, D.C., March 18 -22, 1988. 2. Administrative Assistant /Risk Manager attend the Public Risk Insurance Management Association (PRIMA) Seminar in Tucson, Arizona, March 22 -26, 1988. RESOLUTION NO. 88 -4 - STOPPING Adopted RESOLUTION NO. 88- ZONES ON WESTERN AVENUE (1502) 4 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES PROVIDING FOR PROHIBITED STOPPING ZONES ON THE WEST SIDE OF WESTERN AVENUE FROM CADDINGTON DRIVE TO 960 FEET SOUTH OF CADDINGTON DRIVE AND ON CADDINGTON DRIVE FROM WESTERN AVENUE TO 200 FEET WEST OF WESTERN AVENUE. PUBLIC INFORMATION PLAN Adopted the Public Infor- (305) mation Plan. -2- February 2, 1988 LEGISLATION (306) City Council accepted the following positions on proposed legislation: opposed SB1725 (Bergeson) and Opposed SB1023 (Vuich) and authorized staff to notify the appropriate individuals/organizations of Council's position. FISCAL YEAR 1988-89 BUDGET (602) DEVELOPMENT CODE AMENDMENT NO. 27 INITIATION (ALCOHOLIC BEV- ERAGES & MOTOR VEHICLE FUEL SALES) (1801) TENTATIVE TRACT MAP NO. 44514 (WALLACE,RANCH) REQUEST FOR FINAL MAP APPROVAL (1411) RESOLUTION NO. 88-5 REGISTER OF DEMANDS ACCEPTANCE OF CIVIC CENTER REMODELING PROJECT (1201) The motion to approve the Consent following roll call vote. Adopted the proposed format and timetable for the Fiscal Year 1988-89 Budget. Initiated Development Code Amendment No. 27 for all commercial zones. 1. Approved the final map; 2,Accepted the securities for this tract; 3. Accept- ed all proposed dedica- tions as noted on said map and 4. Authorized the City Clerk to sign the Final Map. Adopte&RESOLUTION NO. 88-5.- ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. 1, Accepted the project as completed. 2. Directed the City Clerk to file a Notice of-Completion. 3. Directed the Finance Director - to release - the retention upon notification from- the City Clerk., . Calendar carried on the -3- February 2, 1988 AYES: BACHARACH, McTAGGART, HINCHLIFFE, HUGHES AND MAYOR RYAN NOES: DONE ABSTAIN: NONE PUBLIC HEARING; COMMUNITY DEVELOPMENT BLOCK GRANT The Mayor opened the FUNDS (801) public hearing on this expenditure of the Comm- unity Development Block Grant Funds, The City Clerk reported that notice had been duly published. City Manager McDuffie presented the staff recommendation to approve the expenditure of the fourteenth year Community Development Block Grant fund in the amount of $154,224.00 to be used on the Landslide Redevelopment Road Realignment Project. There being no response to the Mayor's call for public testimony, he declared the hearing closed. Councilman Hughes moved, seconded by Councilman Hinchliffe and carried to approve the staff recommendation. The motion carried on the following roll call vote: AYES: BACHARACH, McTAGGART, HINCHLIFFE, HUGHES, AND MAYOR RYAN NOES: NONE EXTENSION OF ORDINANCE NO. 213U The Mayor opened the (LONG POINT) AS AMENDED (1804) public hearing on this extension of the urgency measure that was adopted on January 26, 1987 to regulate the maintenance and development of the Marineland facilities at Long Point. The City Clerk reported that notice of the meeting has been duly published. City Manager McDuffie pre- sented the staff recommendation to adopt the proposed urgency ordinance. There being no response to the Mayor-Is call for public test- imony, he declared the hearing closed. ORDINANCE NO, 224U OF THE CITY OF RANCHO PALOS VERDES EXTENDING THE EXPIRATION DATE OF ORDINANCE OF NO. 213U AND DECLARING THE URGENCY THEREOF was presented by title and adopted on motion of Councilman McTaggart, seconded by Councilman Hughes. The motion carried on the following roll call vote: -4- February 2, 1988 AYES: BACHARACH, MAYOR RYAN NOES: NONE McTAGGART, HINCHLIFFE, HUGHES AND NUISANCE ABATEMENT - SEACREST TRACT NO. 31617 (1701) been eliminated by the property spec if ied . City Manager McDuffie pre- sented the February 2, 1988 staff memorandum and the recommendation to proceed with nuisance abatement at the Seacrest Development Vacant Lot if the cause of the nuisance (overgrown, dry vegetation and or trash- and debris) has not owner-within the time , Councilwoman Bacharach moved, seconded by Councilman Hughes and carried to adopt the staff recommendation. NUISANCE ABATEMENT TRACT The City-Manager presented NO. 32673 (1701) the staff memorandum and the recommendation to authorize staff to proceed with nuisance abatement at the Alta Vista Development vacant lots if the cause of the nuisance (overgrown, dry vegetation and:, or trash and debris) has not been eliminated-by the property owners within the time specif zed. Bernadette Chao, 30405 Cartier Drive, owner of lot no, 46 at this tract, told the Council that she intends-to build on that lot-within the next four to six months and described the difficulty 14n, trying to keep it clear - of debris because of illegal dumping. After discussion of the lack of control over this illegal dumping,, -Councilman McTaggart moved, seconded -by Councilwoman Bacharach,to-'extend the nuisance abatement-enforcement at this lot for sixty days .'VIThe motion, carried unanimously. VARIANCE NO. 173 AND GRADING NO. The City Manager pre- 1031 APPEAL, -- LOCATION*b 1887 rented= the, January 14th MCARTHUR,STREET (1804) memorandum and the recom- mendation- to-, dismiss the -5- February 2, 1988 appeal, thereby upholding the Planning Commission's action,, that, (1) denied the variance for an existing nine foot three inch fence along the front property line- and ­(2) approved,, with conditions, the grading permit. The staff memorandum further explained that at the time of construction, no planning approval or building permits were obtained for the wall. Approval would have been necessary since the solid wall is in the front yard setback and exceeds forty-two inches in height. In addition, a building permit would have been required for the motorized gate across the driveway. Representing the property owner was Michael O'Hara, 10850 Wilshire Boulevard. Mr. O'Hara stated that the wall had been built before 1983, which would have been prior to the City's jurisdiction of that area. Council discussion centered on the fact that this wall was not in conformance with the rules of the County of Los Angeles and that their requirement for permits would also have been made on the property owner at the time it was built. RESOLUTION NO. 88-6 DENYING THE APPEAL ON VARIANCE NO. 173 AND GRADING NO. 1031 THEREBY DENYING THE WALL AS EXISTING AND REQUIRING MODIFICATION AS DEFINED IN EXHIBIT "All OF PLANNING COMMISSION RESOLUTION NO. 87-62 FOR THE PROPERTY AT 1887 MACARTHUR STREET was read by title and adopted on motion of Councilwoman Bacharach, seconded by Councilman Hinchliffe and carried. GENERAL PLAN AMENDMENT, ZONE The City Manager presented CHANGE AND COASTAL PLAN AMEND- the staff recommendation MENT INITIATION REQUEST - to initiate the proposed SUBREGION 7 (701) amendment on this request made by the Palos Verdes Land Holding Company encompassing approximately twenty-five acres in subregion seven of the Coastal Zone, This request was to expand an existing three acre floating commercial zone to a twenty-five acre commercial recreational zone, and to change the Coastal Plan and General Plan Land Use Designations accordingly from residential commercial to commercial recreational. This expanded commercial area would be used for a destination resort hotel within a master planned residential community including a championship golf course. A video presentation was then made by Barry G. Hon, President of Palos Verdes Land Holdings Company, Inc. This video depicted the style and character of a hotel that Mr. Hon was -6- February 2, 1988 planning to build on the site if the zone change was eventually approved. Lin Hendrich, representing the Rancho Palos Verdes Council of homeowners Association, presented a prepared statement which is on file with the City Clerk's office. The statement summarized the Association's position and sentiments re- garding the development of this subregion seven. The next person to speak on the item was Elin Vanderlip, 100 Vanderlip Lane, who spoke in favor of the proposed Hon development. Barbara-Kennard, 3402 DeLuna Drive, presented a letter.-,from the Mira Catalina Homeowner's Association expressing.. their support .for this development.- Robert Agli, 3200-.-La.-Rotonda..Drive,,:1a member of the ocean Terrace Home - owners.-Association stated that his association had not taken a position on,this.development but that-Mr..Hon made a presentat,ion-.to the them and it was their intention-to continue open communications with him.-, Council discussion then centered on the process that this initiation would start and the fact that until it is started and the research is done by staff, there is no other way to determine--,the appropriateness of such :a development. Add- itional remarks pertained to the schedule of hearings that this issue would have before the Planning Commission before it-would eventually come to the City Council for adoption. Councilwoman-Bacharach moved, seconded by Councilman McTaggart.-and-carried to approved the staff recommendation to initiate the proposed amendments and that the City Council set,-.a-date..for-.a workshop ,:.,to discuss guidelines for coastal development-.----Staff-.-was requested to submit to the. Council a summary:,-sheet:,of the coastal specific plan and design guide- lines.: AUDIENCE-,QUESTIONS-.: Responding to the Mayor's call for audience questions for items not on the agenda was R.L. Hudson, 41 Cherry Hill Lane, who..inquired about the Notice of Condemnation for his property. ins: thee, Portuguese Bend area-. The City Attorney responded that---the.-City has filed a condemnation action for the road: right -of sway and,has obtained title to that .. property...'�It was -.the -consensus - that- Public Works Director should meet with-_Mr,s._Hudson to discuss this -"matter. Lois Larue, - 3136 Barken' t*in'e,`expressed her concerns about the filming that took place in the lower Abalone cove area. Staff was requested to insure that for future filming that the residents in the area be notified particularly in the -7- February 2, 1988 event when pyrotechnics are involved. RECESS At 9:30 P.M. the Mayor declared a brief recess. At 9::;45,P�.M., the-meeting reconvened. DEVELOPMENT CODE AMENDMENT - City Manager McDuffl*e REQUEST TO INITIATE AMENDMENT presented the February 2nd NO, 26 (1801) staff memorandum and the recommendation to initiate this development code amendment which was intended to clarify existing language for conditional use permits for commercial development. Additionally this amendment would include a revision to the language of the CR- Commercial Recreation District to incorporate a number of the provisions of ord- inance No. 213U into the CR District regulations, Upon the authorization to proceed with this amendment, public hearings will be scheduled before the Planning Commission and before the city Council. After the final Council approval, the amendment will be sent to the Coastal Commission for cert- ification,. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to approve the staff recommendation. The motion carried unanimously. ACQUISITION AND RELOCATION Since this matter was not AGREEMENT (FRANK AGREEMENT) on the City council agenda (1801) for action and since it was considered an urgency item, Councilwoman Bacharach moved, seconded by Councilman Hughes and carried with Ryan and Hinchliffe abstaining to take action on this item, The City Attorney reminded council that only three members of the Council could vote on this matter since the Frank property is within the Redevelopment Agency area. Charles Stuart, 80 Narcissa Drive, told the Council that he lives immediately west of the Frank lot and that he was protesting this action because he had not received notification . Stating he felt that it should go through the normal process of notifying the neighbors and receiving assurances that the area will not be overburdened by heavy equipment and the placement of another house, he questioned whether moving a house onto the Narcissa Drive area was in violation of the moratorium. -8- February 2, 1988 Responding to that concern, staff indicated that there are certain exceptions to the landslide moratorium ordinance under which this move could be made. A brief discussion then ensued about the permit requirements and if this house was being moved under those guidelines. Jeanne Smolley.,56 Limetree Lane, referred to Section 4 of the agreement. That section dealt with the waiver of permits by the City for the relocation of the residence to lot 11 on Narcissa Drive. It was the consensus of Council that this agreement be dis- cussed in closed session. CITY COUNCIL REPORTS REPORT FROM REFUSE SUB- Councilwoman Bacharach COMMITTEE presented the sub- committee's report on the process of evaluating a refuse franchise for the City. As part of the evaluation, the sub-committee identified several key elements,to -be addressed as part of its review of the, refuse service in the City. The sub-committee's report went on to list the area of the City presently under evaluation., the current rates for twice a week pick-up. preliminary .. once a.week pick-up with recycling and twice a week pick=up with recycling. Council discussion then centered on the availability of dump sites, the effect of once a week pick-up, the reduction that would result from the recycling program, and whether the City would be-participating in the Long Beach SERRF Project. Add- itional-discussion took place about'-the rates.'to be charged by- the-' haulers and the maintenance programs - that they have for th6ir equipment. The discussion concluded with the consensus that an item would be published on this matter in the Newsletter and that the Council should await the reaction of the residents to this recycling program. __ ROLLING HILLS.HIGH SCHOOL Councilman Hughes reported on the Cable TV live tele- casting of the Rolling Hills High School basket- ball game-. REPORT FROM SOUTH BAY Councilwoman Bacharach CORRIDOR STEERING reported on the last COMMITTEE meeting of that committee where the subject of a high-occupancy lane to be added to the 405 Freeway was dis- cussed . Council discussion centered on the definition of high-occupancy and if it was considered two or three pass- -9- February 2, 1988 engers per vehicle. She,then summarized the progress and pro- blems.with the installation of a light rail system in the San Fernando Valley and in the South Bay area from the TRW El Segundo area into Torrance. The next transportation matter discussed was the proposal received from SCAG and their willingness to perform a study of the transportation needs in the South Bay Corridor area. It was the consensus that the proposal be left in the Council office for Council reading. TRANSIT ADVISORY COMMITTEE Referring to the report REPORT published by the Palos Verdes Transit Advisory Committee, Councilwoman Bacharach suggested that this report be referred to the Council School Liaison Sub-committee. CITY MANAGER REPORTS CODE ENFORCEMENT OFFICER City Manager McDuffie pre- CERTIFICATION PROCESS - sented the January 25th PROPERTY MAINTENANCE staff Memorandum which STANDARDS contained background of the operation of the code enforcement division in the Department of Environmental Ser- vices. Additionally, the report contained ordinances adopted by other cities which required certain maintenance standards for properties within those cities. The effectiveness of these maintenance ordinances and the level of staffing necessary for it's implementation was then discussed and it was the consensus that staff should contact the City of Cerritos to determine their level of staffing and the effectiveness of their ordinance.. ITEMS REMOVED FROM THE CONSENT CALENDAR. CLAIM AGAINST THE CITY After a brief discussion BLAZEVICH (303) of similar circumstances involving the claimant in another permit matter, Councilman McTaggart moved, seconded by Councilwoman Bacharach to deny this claim. The motion carried. I -10- February 2, 1988 STATUS OF COUNCIL DIRECTIVES Council requested that this item be placed under the City Manager section of the agenda and requested the addition of other items. RECESS TO CLOSED SESSION At 11-905 P.M., the Council recessed to a closed session to discuss pending litigation. At 12:40 A.M., the meeting reconvened on motion of Councilmen McTaggart. AGREEMENT WITH GENE FRANK Councilman Hughes moved, (1801) seconded by Councilman McTaggart to approve the agreement with Gene Frank, subject to staff review, that all building permit re- quirements are met. The motion carried on a 3-0 vote with Councilmembers Ryan and Hinchliffe abstaining. ADJOURN ATTEST; At 12:45 A.M., the meeting adjourned on motion of Councilman Hughes. MAY -11- February 2, 1988