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CC MINS 19880315M INUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 15, 1988 The meeting was called to order at 7:30 P.M. by Mayor Robert E. Ryan at Hesse Park Community Center, 29301 Hawthorne Blvd. After the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BACHARACH, MoTAGGART, HUGHES AND MAYOR RYAN ABSENT: HINCHLIFFE 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 Councilman Hughes moved, ORDINANCES & RESOLUTIONS seconded by Councilman McTaggart and carried, to waive reading in full of all ordinances and resolutions adopted at this meeting with :-orient 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. 44. CEREMONIAL MATTER Mayor Ryan presented a (304) ceremonial proclamation to departing Trails Committee member Richard Hubacek for his term of office on that Committee from February 17, 1937. APPROVAL OF AGENDA The agenda was approved on motion of Councilwoman Bacharach, seconded by Councilman Hughes. CONSENT CALENDAR The consent Calendar was approved as follows or motion of Councilman Hughes, seconded by Councilwoman Bacharach. MINUTES Approved the minutes of February 22, and March 1988 . TRACT NO. 40640 LOCATION P.V. DR. WEST & BERRYHILL APPROVAL OF EXTENSION OF SUBDIVISION AGREEMENT (1411) CLAIM AGAINST THE CITY BY JULIANA M. COX (303) Approved - twelve month ex- tension. Rejected the claim and directed the City Clerk to notify the claimant of Council's action. LEGISLATION (306) Adopted the following position on proposed legislation: Supported SB 2149 (Beverly), pertaining to Comparative Fault in Inverse Condemnation Cases. MAINTENANCE AGREEMENT WITH CALTRANS FOR SIGNALS & SAFETY LIGHTS ON WESTERN AVE. RESOLUTION NO. 88-16 agreement with Caltrans. PUBLIC HEARINGS: ADOPTED RESOLUTION NO. 88-16 APPROVING AGREEMENT FOR COST SHARING OF THE STATE HIGHWAY IN THE CITY OF RANCHO PALOS VERDES. Authorized the Mayor and City Clerk to sign the RESOLUTION NO. 88-17 - Mayor Ryan opened the Pub i- Hearing on Environmental Services Department's proposed changes to the planning fee structure from the present trust deposit accounts system to a flat fee system. The City Clerk announced that notice of this public hearing had been duly published. PLANNING FEES Council discussion included concern about the charge of thirty five dollars for Written Correspondence and clarification of what this Written Correspondence included. Additionally, concern was expressed about the Geologic Investigation permit, the cost to homeowners in getting geology reports and if they were always necessary. Ronald Ziegler, 6520 Palos Verdes Drive East expressed his opinion in opposition about the fee structure and, in particular, about the geology report and the additional time this requirement added to the overall process of building. There being no further response to the Mayor's call for public testimony, Councilman Hughes moved, seconded by Councilwoman Bacharach and carried to close the public he Additional Council discussion centered on the Geology Reports and whether its requirement relieved the City of any liability or placed additional liability on the City. It was the consensus that this Geology requirement process should be reviewed by the staff. A brief discussion followed -2- March 15, 1988 regarding the charge of thirty-five dollars for correspondence and it was the consensus that this item should be clarified to show the correspondence fee as a charge for preparing letters requested by Financial and real. estate Institutions. Staff was requested to review the Ziegler file to determine the reason for delay in the process of that application. RESOLUTION 88-17 OF THE CITY OF RANCHO PALOS VERDES ADOPTING A NEW FEE SCHEDULE FOR APPLICATION FEES IN THE DEPARTMENT OF ENVIRONMENTAL SERVICES was presented by TITLE and adopted as amended on motion of Councilman Hughes, seconded by Councilman McTaggart and carried. GENERAL PLAN AMENDMENT N0,16 - ENVIRONMENTAL ASSESSMENT NO. 538 Mayor Ryan reopened this public hearing that has been continued from March 1, 1988. Associate Planner Greg Fuz summarized the applicant's position that in signing the proposed development agreement with the City he would be losing certain options that he has against the former owner of the property. Additionally, Fuz went on to say that the applicant has just applied for a variance. The City Attorney then related the background on this matter and the variance status of the building and the owner's attempts to get parking elsewhere. A brief Council discussion ensued about the parking restrictions on this building, and the procedure that the application would follow in the zone change and variance process. Councilwoman Bacharach then moved, seconded by Councilman Hughes and carried to table this matter. CODE AMENDMENT NO. 24- Mayor Ryan opened the public ORDINANCE NO. 226 - SATELLITE hearing on this code amend- DISH ANTENNA (1801) ment prepared in response to the Federal Communication Commission ruling which requires cities to insure that their regulatory requirements are reasonable in light of the purchase and installation cost of the equipment and to allow reasonable reception of satellite delivered signals by receiver-only antennas in a manner that is consistent with the General Plan. The City Clerk announced that notice of the public hearing had been duly published. City Manager McDuffie presented the March 15th staff memorandum and the recommendation that the Council receive public testimony, consider the initial study for Envir- onmental Assessment No. 539 and approve a final negative dec- laration and introduce the proposed ordinance. Responding to the Mayor's call for public testimony was Robert Eaton, who questioned the process requiring applications for antennas to be heard by the Planning Commission and questioned the fee of $140.00 for such a hearing. Also responding to the call for public testimony was Frank Accardo, 6453 Via De Anzar, who questioned the -3- March 15, 1988 curtailment of installation of multiple dishes for apartments. Gilbert Alberio, 2177 Rockinghorse Road told the Council that his property overlooks a neighbor who has a dish antenna and that his view is impacted by the dish. He urged passage of the ordinance as presented by the Planning Commission. Ronald Ziegler, 6520 Palos Verdes Drive East inquired about the placement of an antenna in a backyard where there may not be enough room for it. He was concerned that in such cases the dishes would be put on the roof of the house. Council discussion then centered on the Federal Communications Commission regulations that restrict the City's authority over the placement of these antennas. Further discussions centered on the possibility that some backyards may be overcrowded with ancillary uses and where antennas would be placed in such cases. Councilwoman Bacharach moved, seconded by Councilman Hughes and carried to close the public hearing. Additional discussion followed on the possibility of the Environmental Services Director being able to site plan the location of these dish antennas, the fact the FCC preempts all City rules and regulations which would deny installation without cause, and that the City has gone to the limits in restricting these antennas. ORDINANCE NO. 226 OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTERS 16.04, CHAPTER 17.40, AND CHAPTER 17.41 OF THE DE- VELOPMENT CODE AS CODE AMENDMENT NO. 24 was introduced by TITLE. Councilman McTaggart moved, seconded by Councilman Hughes and carried to waive further reading and introduce Ordinance No. 226. Councilman Hughes moved seconded by Councilman McTaggart and carried to approve the Final Negative Declaration for Environmental Assessment No. 539. RECESS AND RECONVENE CITY COUNCIL REPORTS: At 9:39 P.M. the Mayor declared a recess. At 9:55 P.M. the meeting reconvened. RECONSIDERATION-CONSOLIDATION Councilwoman Bacharach TRANSIT PROGRAMS summarized the sub-committee's (Bacharach, McTaggart) report on the possibility of placing the operation of Palos Verdes Transit under the auspices of the Peninsula Transportation Authority. After Council discussion of the cost for insuring a Joint Powers Authority, the liability exposure for each member of the Authority, the fact that as presently constituted every staff report must be presented to the three Cities, and that perhaps the JPA would be an expeditious way of handling transit issues. Tt was the consensus that Councilwoman Bacharach should discuss this matter further -4- March 15, 1988 with the members of the Peninsula Transportation Authority and report back to the Council at a later date. BUS STOP IMPROVEMENT PLAN Councilwoman Bacharach presented the sub-committee's recommendation that the Council approve the construction of eleven bus shelters with or without advertising. A brief discussion followed regarding the design and cost of these bus benches. Councilwoman Bacharach moved, seconded by Councilman Hughes to authorize the construction of eleven bus shelters without advertising in keeping with design controls that befit the City. The motion carried on the following roll call vote: AYES: BACHARACH, HUGHES, McTAGGART AND MAYOR RYAN TRAIL COMMITTEE VACANCY Councilwoman Bacharach reported that the Trail Sub- Committee (Bacharach, Hughes) was requesting that the Council allow them to interview the applicants for the Trails Committee and report back with a recommendation. It was the consensus of Council to follow the normal interview procedure and that the City Clerk should advertise according to City Council poll y. TRAFFIC Mayor Ryan inquired about the possibility of a Sheriff's Mobile Team which would deal only with traffic violations and which would serve to heighten traffic safety awareness. Responding to this suggestion was Capt. Dennis Gillard who reported that the Sheriff is currently writing a reasonable volume of citations within the City. He reported that con- tinuing with traffic enforcement on a steady system signif- icantly contributes to traffic safety. On an unrelated matter, the Mayor inquired about the use of non-sworn person- nel for certain reporting requirements that the Sheriff's Department would have. Capt. Gillard responded that volunteers are used to coordinate such things as court appearances, computer programs and coordination of sta- tistics and data gathering. These volunteers are used to free up sworn personnel for police activity. PALOS VERDES DRIVE SOUTH CONSTRUCTION: Councilman MeTaggart inquired about the construction contract for Palos Verdes Drive South and the reason is was taking so long to complete. Public Works Director Wentz explained that the contract has been let by the County of Los Angeles and the contractor gets credit of one and a half days for each day it rains, hence the reason for the delay in this project. CITY MANAGER REPORTS: STATUS OF COUNCIL DIRECTIVES -5- March 15, 1988 Council inquired about the status of a graffiti response program. It was the consensus that the City Attorney would look into this and report back to the Council on such a program. Council requested that the undergrounding of utilities on Hawthorne Blvd. be placed on the status report. It was the consensus that the public safety sub-committee would review the matter of house numbering system. S2100 The City Manager presented the March 15, 1988 staff report on this Senate bill regarding funds that might be available to study the cost related to the Portuguese Bend Landslide. He recommended that the Council authorize him to testify before the Senate Sub-Committee on Water, Transportation and Infrastructure. Councilman Hughes moved, seconded by Councilman McTaggart to authorize the City Manager to so testify and to go one day earlier to Washington D.C. The motion carried on the following roll call vote: AYES: BACHARACH, HUGHES, McTAGGART AND MAYOR RYAN ITEMS REMOVED FROM THE CONSENT CALENDAR SO. CALIF. EDISON REQUEST The City Attorney presented FOR UTILITY EASEMENT an amendment to this ease- ment. Councilwoman Bacharach moved seconded by Councilman Hughes to approve the easement as amended by the City Attorney. The motion carried unan- imously. RESOLUTION NO. 38-18 REGISTER Council inquired about the OF DEMANDS costs for repair of traffic signals. Staff responded that these costs were due to vandalism of certain traffic equipment. Councilman McTaggart moved, seconded by Councilman Hughes to adopt Resolution 88-18. The motion carried on the following roll call vote: AYES: BACHARACH, HUGHES, McTAGGART & MAYOR RYAN ADJOURNMENT At 11:05 P.M. the meeting adjourned to March 26, 1988 at 8:00 A.M. for a Community Leader reakfast. MAYOE -6- March 15, 1988