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CC MINS 19880419M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL 19, 1988 The meeting was called to order at 7-030 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: McTAGGART, HUGHES, HINCHLIFFE AND MAYOR RYAN LATE ARRIVAL: BACHARACH @ 8:35 P.M. 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 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 An item regarding legislation was added under City Council Reports.The agenda as amended was approved on motion of Councilman McTaggart, seconded by Councilman Hughes and carried,. CONSENT CALENDAR The consent calendar was amended to remove the report on Signature Verification to the end of the agenda. on motion of Councilman Hughes, seconded by Councilman McTaggart the Consent Calendar was approved as follows: MINUTES ORDINANCE NO. 228 - MISDEMEANOR, INFRACTIONS, AND NUISANCES (1103 X 1701) Approved the minutes of March 26, 29 and April 5. 19880 ADOPTED ORDINANCE NO. 228 - OF THE CITY OF RANCHO PALOS VERDES AMENDING THE PENALTY PROVISIONS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. (This ordinance was IN- TRODUCED at the April 5, 1988 meeting). ORDINANCE NO. 229 - ADOPTED ORDINANCE NO. 229 - SOLID WASTE COLLECTION OF THE CITY OF RANCHO PALOS (1402) VERDES RELATING TO THE COL- LECTION AND DISPOSAL OF SOLID WASTE AND AMENDING TITLE 5 AND TILE 8 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. (This ordinance was INTRODUCED at the April 5, 1988 meeting) . CLAIM AGAINST THE CITY BY OTA AND YURI TAISUKE (303) REPLACEMENT CANOPY (1201) Rejected the claim and directed the City Clerk to notify the claimant. Authorized the expenditure of $987 from Account No. 001 - 130 -24 for a replacement canopy. DONATION OF PLAY STRUCTURE Accepted the donation of the FOR ABALONE COVE BEACH BY Miracle Play structure PORTUGUESE BEND NURSERY SCHOOL through the City's "Gifts (1201) for Parks" program. INDEMNIFICATION OF PALOS Authorized the Mayor to sign VERDES LAND HOLDING CO.(1201) a letter indemnifying Palos Verdes Holding Co., Inc. against claims and liability in conjunction with Recreation and Parks Department programs conducted on their land. ZONE CHANGE INITIATION REQUEST Approved addition of the $100 FEE CLARIFICATION. (1203) fee for Zone Change INITIATION to the already approved Planning Division Fee Schedule. FEE WAIVER REQUEST (1804) Denied the fee waiver re- request for Minor Exception Permit No. 2700 LEGISLATION (306) Adopted the following positions on proposed legislation.: Supported.- AB 3298 (Killea), SB 1197 (Hannigan) and Proposition 70- Opposed: SB 2740 (Kopp), SB 2285 (Presley) and AB 3348 (Floyd). -2- APRIL 19, 1988 REQUEST FOR APPROVAL FOR Approved expenditure of EXPENDITURES OF GIFT FOR $9,373.07 for audio PARKS FUNDS. (1201) system. LANDSCAPE & OPEN SPACE (A) ADOPTED RESOLUTION NO. DISTRICTS NOS. 1 & 2 88 -22 DECLARING ITS INTENT (901) TO LEVY AND COLLECT ASSESS- MENTS FOR FISCAL YEAR 1988- 89 AND ESTABLISHING A DATE FOR A HEARING DATE FOR MAIN'T'ENANCE DIS'T'RICT NO. 1. (B) ADOPTED RESOLUTION NO. 88 -23 DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1988 -89 AND ESTABLISHING A DATE FOR A HEARING DATE FOR MAINTENANCE DISTRICT NO. 2. (C) ADOPTED RESOLUTION NO. 88- 24 ORDERING THE PREPARATION OF AN ENGINEER'S REPORT IN CONNECTION WITH A LANDSCAPING MAINTENANCE DISTRICT (LANDSCAPE AND OPEN SPACE MAINTENANCE DISTRICT NO. 1). (D) ADOPTED RESOLUTION NO. 88--25 ORDERING THE PREPARATION OF AN ENGINEER'S REPORT IN CONNECTION WITH A LANDSCAPING MAIN'T'ENANCE DISTRICT (LANDSCAPE AND OPEN SPACE MAINTENANCE DISTRICT NO. 2 ) . RESOLUTION NO. 88 -25 Adopted RESOLUTION NO. 88 -20 REGIS'T'ER OF DEMANDS ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. LONGHILL DRIVE RECONSTRUCTION PROJECT FROM FLAMING ARROW TO SILVER ARROW DRIVE (1404) Awarded the Longhill Drive Reconstruction Project to Copp Contracting at a cost of $94,500 ( plus 15% for con- tingencies) . EXCHANGE OF PERFORMANCE Accepted the replacement sec - SECURITY FOR TRACT NO. 38512. urity for this tract, re- (1411) leased the performance bond effective on the date of the replacement security and authorized the City Manager to sign the replacement sub- division agreement. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: McTAGGART, NOES: NONE ABSENT:BACHARACH HUGHES, HINCHLIFFE, AND MAYOR RYAN -M3- APRIL 19, 1988 LONG POINT PRESENTATION Representing the Monaghan Co. was John Corcoran who summarized the status of the development of the Monaghan Project and outlined the process that this matter would take with the various City Department. Presenting the schematics of the projects was Tom Cooke, who talked about the various components of the project: athletic facilities, a flower market and cafe', the Casitas and the main hotel. He went on to explain the open space features of the project and how they meshed with the Coastal Specific Plan for this area. He also addressed the issue of view protection and especially the view from Palos Verdes Drive West. In describing the parking facilities he explained that the building housing parking was built to the slope of the property. He then pre- sented a series of illustrations which depicted the basic design of the project. Also representing the Monaghan Co. was Harrison Price who presented the research supporting their economic forecasting for the project. A brief discussion then followed between the Monaghan rep- resentatives and the City Council wherein the following issues were discussed: economic viability of the project, the timeline for development of all three phases, the view of this project from Palos Verdes Drive South, and how that view will be protected, the rates proposed for the hotel, and how the determination was made for the proposed number of rooms. The discussion concluded with the council reminder to the public that this project would go through the public hearing phase and there would be ample opportunity for the public to express their concerns and have their questions answered about the project, RECESS AND RECONVENE At 8:12 P.M. the Mayor declared a recess. The meeting reconvened at 8:25 P.M. TRAILS COMMITTEE APPOINTMENT Andrew Bonacich was unani- (106 x 1201) mously appointed on motion of Councilman McTaggart, seconded by Councilman Hinchliffe to serve on the Trails Committee to fill an unexpired term to December, 1989. (Later in the meeting upon motion of Councilwoman Bacharach, seconded by Councilman McTaggart and unanimously carried Jean Longacre was appointed the Chairperson of that Committee.) CODE AMENDMENT NO. 25 The Mayor declared the public ORDINANCE NO. 230 hearing open on this matter. The City Clerk reported that 0"4- APRIL 19, 1988 notice had been duly published. City Manager McDuffie pre- sented the staff memorandum of April 19 and the recommendations as follows: 1) Conduct the public hearing. 2) Consider the initial study for environmental assessment No. 537 and approve a final negative declaration. 3) Introduce the proposed ordinance implementing Development Code Amendment No. 25. The City Manager went on to explain that this amendment to develop recycling center regulations and standards was in response to State Legislation mandating local placement of recycling facilities. A brief discussion ensued regarding the fact that adoption of this ordinance will standardize the operation of such recycling centers within the City. There being no response to the Mayor' s call for public testimony he declared-the hearing closed. ORDINANCE NO. 230 OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 16.04 AND CHAPTERS 17.63 OF THE DEVELOPMENT CODE AS CODE AMENDMENT NO. 25 (RECYCLING FACILITIES) was presented by title. Councilman Hughes moved seconded by Councilman Hinchliffe to approve the final negative declaration and to INTRODUCE ORDINANCE NO. 230. (At 8.-35 Councilwoman Bacharach arrived at the meeting.) A brief discussion then ensued about the appropriateness of Section F, on page 4 of the Ordinance which required approval by the Planning Commission for proper maintenance of these facilities. It was the consensus that this should be. changed to approval by the Director of Environmental Services. The motion then carried unanimously. RECESS TO REDEVELOPMENT AGENCY AND RECONVENE meeting. At 8:50 P.M. the At 8.-36 the City Council meeting recessed to a Re- development Agency Council meeting reconvened. ORDINANCE NO. 231U - City Manager McDuffie pre- SPECIFIC PLAN REQUIREMENT sented the April 19 staff FOR SUBREGION 1,7 & 8. (701) memorandum and the rec- ommendation to adopt the proposed interim ordinance which would be effective for 45 days and which would.prohibit the issuance of any permits for development, construction, or grading in those zones. A brief discussion ensued regarding Exhibit "All of the ordinance after which Council requested that the study area be more clearly defined on the map. Peter Herman, 25200 La Paz, # 210, Laguna Hills, representing the Palos Verdes Land Holding Co., Inc. expressed his company's support for this interim ordinance. -5- APRIL 19, 1988 Mr. J. D. McLaren, 3923 Palos Verdes Drive South, who questioned the process that the proposed ordinance would follow and also questioned the staff analysis. The Environmental Services Director explained that the 1978 Coastal Plan addressed the issues of that time however concern was expressed about whether it addressed the issues of 1988. He explained that this moratorium period will give the City the opportunity to analyze the coastal area under current circumstances. ORDINANCE NO. 231U AN INTERIM ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING A SPECIFIC PLAN REQUIRE- MENT FOR CERTAIN PROPERTY'S WITHIN THE CITY AND DECLARING THE URGENCY THEREOF was PRESENTED by title and Adopted on motion of Councilwoman Bacharach, seconded by Councilman McTaggart. The motion carried on the following roll call vote.- AYES: BACHARACH., HUGHES, HINCHLIFFEF McTAGGART AND MAYOR RYAN AUDIENCE QUESTIONS Responding to the Mayor's call for audience questions for items not on the agenda was Mort Korant, 32275 Phanton Dr., President of the Ladera Linda Homeowner's Association who presented to the Council a prepared statement reporting the outcome of a poll taken by the homeowner's association re- garding the development proposed for the coast line. That statement is on file with.the City Clerk's office. RECESS AND RECONVENE At 9:25 P.M. the Mayor declared a brief recess at 9:40 P.M. the meeting reconvened. KLONDIKE CANYON AGREEMENT The City Manager presented (1801) the April 19th staff memo- randum and the recommendation to approve the proposed agreement with the Klondike Canyon Hazard Abatement District. He went on to explain that this agreement was identical to the agreement just approved by the Redevelopment Agency. For the record Councilman Hinchliffe stated that he lives in the Klondike Canyon Landslide Abatement District and would therefore abstain from voting on the issue. Councilwoman Bacharach moved, seconded by Councilman McTaggart to approve the agreement with the Klondike Canyon Hazard Abatement District. The motion carried on the following roll call vote: 6- APRIL 19, 1988 AYES: HUGHES, McTAGGART AND BACHARACH NOES.* NONE ABSTAIN* 0 HINCHLIFFE AND RYAN VARIANCE NO. 187 APPEAL (1804) The City Manager presented the staff memorandum of April 19th and the recommendation to dismiss the appeal thereby upholding the Planning Commission's denial, He explained that this illegally constructed structure, which abuts the rear and side property lines and encroaches into an extreme slope, was brought to the City's attention through code enforcement. No planning or building permits were obtained for the structure. A variance permit was applied for and denied by the Planning Commission at their February 9, 1988 meeting. The Planning commission did however approve an existing, second up-slope retaining wall at the base of the slope. The applicant was..now requesting that the Council approve the variance for the deck and accessory structure. Elizabeth Formeloza, and Fernando Foremlozar 28603 Mount Palomar, explained to the Council that-their main objective in building these walls was to prevent slope erosion. Additionally they explained that the structure did not invade the privacy of any of their neighbors and - in fact the neighbors were in support of the structure. They also explained that the confusion resulted -from part of the project being inappropriately approved by the City of Los Angeles instead of the County- another part of it was not built until after the area was annexed to the City. Council discussion followed regarding what would have to be done if the structure was removed, and about the walls that had been approved by the Planning Commission and the two remaining walls that had not been approved. A brief discussion followed about the estimated-amount of earth that had been removed. Councilman Hinchliffe moved, seconded by Councilwoman Bacharach to continue the matter for two weeks and request that staff prepare an appropriate findings. The motion carried. CITY COUNCIL REPORTS*- PROHIBITION OF THE SALE OF TOBACCO PRODUCTS WITHIN THE CITY- Mayor Ryan presented his proposal to the Council for a ban on -7- APRIL 19, 1988 the sale of all tobacco products, including but not limited to cigarettes, cigars, pipe tobacco and smokeless tobacco (snuff) within the City. He went on to explain the background on current government and, private initiatives, to ban smoke and summarized his request by asking the Council to have the City Attorney draw up an appropriate ordinance to set the matter for public hearing. A brief discussion then ensued about the appropriateness of the City adopting such an ordinance. It was the consensus that this resolution should be presented at the League of California Cities meeting for their consideration. TRANSPORTATION FOR ELECTIONS Citing the fact that some cities use their local transit service to provide free transportation to the polls on election day, Councilwoman Bacharach reported that she will have a report for the next meeting on the cost for providing such free transportation service on election day. SB 2625 SCAG PLANNING REGION The Mayor reported on this legislation which in essence was to allow Orange County to withdraw from SCAG. Councilwoman Bacharach reported that this legislation had been tabled for two weeks. Councilman Hinchliffe moved, seconded by Council- man Hughes to oppose this legislation and to send a letter to all members of the Senate Transportation Committee stating the City's opposition. CITY MANAGER REPORTS: CITY BEACH POLICY The City Manager presented the staff memorandum of April 19th with the recommendation that the Council give staff appropriate direction to address the concerns of area residents about the control and usage of Abalone and Sacred Cove beaches. Council discussion ensued about the current utilization of the beach, and the areas that would have to be studies by the recommended Abalone Cove Beach task force. Concern was expressed about the amount of work that would have to be done on this issue, the considerations that must be made with re- gard to liability, and the necessary public input regarding this beach. It was the consensus that Council should con- sider this at a May 16, 1988 workshop. -8- APRIL 19, 1988 STATUS OF COUNCIL DIRECTIVES Council briefly discussed the item for the sanitation district and the fact that it would be on the May 3, 1988 Agenda, the status of the Hawthorne and other undergrounding districts within the City, ITEMS REMOVED FROM THE CONSENT CALENDAR REPORT ON SIGNATURE The City Manager presented VERIFICATION FOR VIEW the staff memorandum of INITIATIVE (501) April 19, and the rec- ommendation to receive and file the County Registrar's verification of the signatures for the view initiative. Warren Sweetnam, 7 Top Rail, President of the Rancho Palos Verdes Council of Homeowners' requested to know why this item could not be placed on the November, 1988 ballot. A Council discussion then followed about the cost of putting this item on a special election, the election dates that were available to the City for this issue, and generally how the interpretation of the elections code applied to this matter. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to receive and file this report and request the City Clerk identify the elections between now and November, 1989 and the cost of placing this item on a election ballot. that special Mayor Ryan moved, seconded by Councilman Hughes that the City Attorney look at the various situations to give this initiative the litmus test on constitutionality and workability. RECESS TO CLOSE SESSION cuss threaten litigation. convened and adjourned to for a Budget Work session. ATTE S • CITY CLERK At 11:35 the Council recessed to a closed session to dis- At 12:30 A.M. the meeting re- Monday, April 25, 988 at 6:00 PM 9 iv MAYOR V a*= APRIL 19, 1988