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CC MINS 19880621M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JUNE 21, 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: BACHARACHI McTAGGART, HUGHES, HINCHLIFFE 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 Councilman McTaggart moved ORDINANCES & RESOLUTIONS seconded by Councilman Hinchliffe 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 The agenda was approved on motion of Councilman McTaggart, seconded by Councilwoman Bacharach and carried. CONSENT CALENDAR Against the City by John The consent calendar was Councilwoman Bacharach, and carried. The consent calendar was amended to move the Claim Kalin to the end of the agenda. approved as follows on motion of seconded by Councilman McTaggart M MINUTES Approved the minutes of June 8, 19884 RESOLUTION NO. 88 -36 Adopted RESOLUTION NO. 88 -36 REGISTER OF DEMANDS ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. ORDINANCE NO. 234 Adopted ORDINANCE NO. 234 DEVELOPMENT CODE IMPLEMENTING DEVELOPMENT CODE (1801) AMENDMENT NO. 26 AMENDING CHAPTERS 16.04, 17.16 AND 17.24 OF THE RANCHO PALOS VERDES DEVELOPMENT CODE. (This ordinance was INTRODUCED June 8, 1988.) CLAIM AGAINST THE CITY BY SOUTHERN CALIF. EDISON (3Q3) CLAIM AGAINST THE CITY BY SALVADORE & ANN GOMEZ (303) JANITORIAL MAINTENANCE CONTRACT (1201) not to exceed $50,415 per year. MEDIAN MAINTENANCE CONTRACT (1405) not to exceed $45,200 per year. Rejected the claim and directed the City Clerk to notify the claimant. Rejected the claim and directed the City Clerk to notify the claimant. Renewed the present Janitorial Maintenance contract with Lomita Maintenance at a cost Renewed the present median maintenance contract with Bennett Enterprises at a cast PARKS MAINTENANCE Renewed the present parks CONTRACT (1201) maintenance contract with Bennett Enterprises at a cost not to exceed $134,475 per year. RENEWAL OF CONTRACT FOR Renewed the present contract SEWER LIFT STATION MAINT. with M.E. Fridrich Co. for the AT PT. VICENTE PARK (1201) work outlined in the contract specifications to maintain the sewer lift station at Pt. Vicente Park at a cost not to exceed $1,500 per year. CONTRACT FOR STREET RIGHT- Renewed the present street OF -WAY WEED CONTROL (1701) right -Of -way weed control contract with Jimmie's Custom Spray Service at a cost not to exceed $19,065. PACIFICARE CONTRACT FOR 1988 -89 (902) Approved renewal of the City's contract with Pacificare to provide HMO services for City personnel. -2- JUNE 21, 1988 ANNUAL SIGNAL MAINTENANCE CONTRACT (1405) Corporation in the amount of PUBLIC WORKS MAINTENANCE (1405) estimated amount of $149,000 total of $164,000. ANNUAL STREET SWEEPING CONTRACT (1405) Approved the renegotiated signal maintenance contract with Superior Signal Service $5,685.60. Approved the maintenance con- tract with J.T. Garza Construction Co. for an plus $15,000 contingency for a Approved a street sweeping contract with South Bay Sweeping Co. in the amount of $64,512* RECONSTRUCTION OF LONGHILL (1) Accepted the work as DRIVE (1404) completed for the construction of Longhill Dr. project by Copp Contracting, Inc. The total cost for which is $85,443.84. (2) Directed the City Clerk to file a Notice of Completion and to notify the surety and principal. (3) Directed the Finance Director to release the retention if no claims have been filed against the contractor within 30 days after the Notice has been recorded. PALOS VERDES PENINSULA TRANSP. Approved the budget for FY 88- AUTHORITY - BUDGET FOR 89 for the Peninsula Dial-A- FISCAL YEAR 1988-89 (1505) Ride. PUBLIC HEARINGS. RESOLUTION NO. 88-37 The Mayor opened the public (VARIANCE NO* 198) (1804) hearing on this Variance on the parking space requirement for the building located at 28041 Hawthorne Blvd. The City Clerk reported that notice of the public hearing had been duly published. City Manger McDuffie-presented the June 21st staff memorandum and the recommendations from the Planning Commission and the staff. The Planning Commission recommended that the appeal be dismissed thereby upholding the denial of the variance and requiring the existing commercial center to comply with current city parking requirements. Staff recommended that Council adopt the pro- posed resolution conditionally approving Variance No. 198, thereby allowing the required number of parking spaces on the project site to be reduced from 48 to 44. Council discussion then centered on the fact that the owner's agreement with Mobile.-Oil gas station could not be made a part of the variance, whether there were any existing parking -3- JUNE 21, 1988 problems, if it was possible to get a provision in the agreement to assure that the landscaping is maintained, whether this particular commercial area could be put into an assessment district, and the enforcement of the City's ll:P.M. closing time. Further discussion then took place on the parking for employees at the Mobile Oil station and the hazards this could present, the different uses that the building presently serves, the number of parking spaces re- quired for the employees, what the ratio of employee parking is to customer parking and if the City has previously designated the number of employees parking spaces versus customer parking spaces. The applicant in this project, Paul Lupo, NO. 4 Georgeff Rd., Rolling Hills, told the Council that he has owned this property since November 1986, That he has tried to alleviate some of the problems at this location and is presently trying to get the landscaping taken care of. He said that the 7- Eleven store has a lease until the year 2003 and that he will work with the City in trying to control that situation as much as possible. He said that the owner of the Mobile gas station is willing to give him month to month parking places for his tenants or customers but he cannot give him a lease agreement. He said he is willing to work with the City on the development agreement and landscaping problems. Council then discussed whether or not the City's ordinance superseded the terms of the lease agreement between Mr. Lupo and the Southland Corp. Councilwoman Bacharach moved, seconded by Councilman McTaggart to close the public hearing. The motion carried. Councilwoman Bacharach then moved, seconded by Councilman Hinchliffe to adopt the staff recommendation approving Variance No. 198, thereby allowing the required number of parking spaces on the project site to be reduced from 48 to 44 and with the addition that Section 3 of the proposed enabling resolution be amended to include a provision requiring the maintenance of the landscaping. RESOLUTION NO. 88-37 APPROVING VARIANCE NO. 198 FOR A PARKING REDUCTION FOR THE EXISTING NONCONFORMING COMMERCIAL USE AT 28041 HAWTHORNE BOULEVARD was read by title and ADOPTED on motion of Councilwoman Bacharach, seconded by Councilman Hinchliffe the motion carried on a 4-1 vote with Mayor Ryan voting in opposition. ENVIRONMENTAL ASSESSMENT The Mayor opened the public NO. 545-DEVELOPMENT hearing on this request for AGREEMENT (1801) a Development agreement, a General Plan Amendment and a Zone change. The City Clerk reported that notice had been duly published. The City Manager presented the June 21st staff memorandum and the recommendations as follows: (1) -4- JUNE 211 1988 Review and approve the language of the draft development agreement. (2) Continue the public hearing until July 5, 19880 Council then discussed if Mr. Lupo, the applicant, had any influence in requiring the Southland Corporation to comply with the City Ordinance requiring the store to close at 11:00 P.M., what happens in the case that Southland Corporation would not close the store at 11:00 P.M., and whether the terms of their lease or the City's Ordinance would be more enforceable. Councilwoman Bacharach moved, seconded by Councilman McTaggart to continue the public hearing until July 5, 1985, the motion carried. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to support the staff recommendation in concept. The motion carried. RESOLUTION NO. 88-38 The City Manager presented the OPERATING BUDGE FOR FISCAL staff memorandum of June 21st YEAR 1988-89 (602) and the recommendation to adopt the FY 1988-89 Operating Budget. RESOLUTION NO. 88-38 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING THE OPERATING BUDGET FOR FY 1988-89 was read by title and ADOPTED on motion of Councilman Hinchliffe, seconded by Councilman Hughes. The motion carried unanimously. RESOLUTION NO. 88-39 The City Manager presented the CAPITAL IMPROVEMENT staff memorandum of June 21st PROGRAM BUDGET FOR which listed the priority FY 1988-89 (602) Capital Improvement Projects for the forthcoming fiscal year: (1) Crest Rd. medians to remain unfinished: staff to research possible landscaping schemes to insure low. maintenance cost and possibly involve homeowners' associations in the design. (2) The Pt. Vicente corrections to be funded by at least half, if not more,, through the Environmental Excise Tax Funds as determined through staff coordination. (3) Montemalaga reconstruction to be postponed and only ongoing repairs to be made as-necessary. (4) Palos Verdes Dr. South to be scaled to fund those: sections not affected by possible future developments thereby reducing the utility user tax contribution. (5) Palos Verdes Dr. East projects to be postponed and funds to be directed to smaller projects as presented in the Capital Improvement program plan. (6) Within six months staff will present the Council with an update on the Capital - - Improvement Program. That presentation is to,include all potential revenues and a plan if such revenues do not materialize, -5- JUNE 21, 1988 RESOLUTION NO. 88-39 APPROVING A BUDGET APPROPRIATION AND ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 1988 -89 was introduced by Title and ADOPTED on motion of Councilman McTaggart, seconded by Councilman Hughes. The motion carried unanimously. ORDINANCE NO. 235 The City Manager presented the PROPERTY MAINTENANCE staff memorandum of June 21st ORDINANCE (1103) and the recommendation that the proposed property maintenance ordinance be introduced. Environmental Services Director Benard explained how this ordinance consolidated several code enforcement sections of the Municipal Code that presently are fragmented throughout that code. Council then discussed whether this consolidation pre - sented more opportunities for Violation of the Municipal Code, the due process that the City will follow in enforcing this maintenance ordinance, the language of the Notice and Order to Abate, and the stage at which this notice would be sent to residents. Discussion then followed on the pavement of front yard set -backs and the fact that this ordinance was not intended to encourage paving of the front yards to permit parking of trailers, campers or boats. Roy Fulwider, 28219 Hazelridge, talked about the condition of the fence along Hawthorne Blvd. from Rolling Hills High School down towards Palos Verdes Dr. North and the condition of the wall. He suggested that these walls have filled cells and that the City require a certain amount of footing to insure their soundness. Council then discussed if this ordinance gave the City the authority to deal with walls along Hawthorne Blvd. to insure their soundness and aesthetics. It was the consensus that staff should look into such an enabling ordinance referred to by Mr. Fulwider. The next item of concern was maintenance of down -- sloping property that was out of the property owner's view and consequently was not maintained. It was the consensus that staff should prepare some kind of an implementation procedure for notifying property owners when property, especially fences and walls, had been damaged due to accidents. ORDINANCE NO 235 OF THE CITY OF RANCHO PALOS VERDES AMENDING TITLE 8 OF THE RANCHO PALOS VERDES MUNICIPAL CODE BY REPEALING CERTAIN SECTIONS OF CHAPTER 8.12 AND ADDING THERETO CHAPTER 8.20 RELATING TO PROPERTY MAINTENANCE AND AMENDING TITLE 12 THEREOF REPEALING SECTION 12.08.100 OF CHAPTER 12.08 was read by Title and INTRODUCED on motion of .-8- JUNE 211 1988 Councilwoman Bacharach, seconded by Councilman McTaggart and carried. RECESS AND RECONVENE At 9-015 P.M. the Mayor declared a recess. At 9:25 P.M. the meeting reconvened. AUDIENCE QUESTIONS: Responding to the Mayor's call for audience questions was Lois Larue, 3136 Barkentine, who alluded to the article in the most recent issue of Palos Verdes Review about the construction of a hotel on the oceanfront. She also cited some incidents occurring during recent movie making,and inquired whether or not the City was following it's own permit procedure in allowing the filmmaking to take place. She also talked about some earth slippage along the oceanfront. Roy Fulwider, 28219 Hazelridge, inquired about the liability insurance that the City carries on its plan checkers about the median on Hawthorne Blvd. from the 7-Eleven store to Rolling Hills High School and whether trees were-going to be planted on the median and, lastly, about the turning lane on Hawthorne and Highridge. LANDSLIDE MORATORIUM The City Manager presented the EXEMPTION NO. 16 - June 21st staff memorandum and 135 SEAWALL ROAD (1801) the following recommendations. (1) The owner shall provide a geology study subject to the approval of the City Geologist and comply with any recommendations. (2) The owner will apply for required planning applications as determined by the Director of Environmental Services. (3) An on-site drainage system, including but not limited to roof drains, shall be installed and approved by the Dept. of Public Works. (4) If applicable, the owner shall obtain all building division permits. Councilman McTaggart moved, seconded by Councilwoman Bacharach and carried to approve the staff recommendations. CITY COUNCIL REPORTS. STREET TREE POLICY (1407) The Council sub-committee (Mayor Ryan, Councilman Hughes) presented the proposed street tree policy for Council consideration. The Council discussed the 7 points of the policy and it was the consensus that the City Attorney should review this proposed policy and prepare a policy for Council review and adoption. JUNE 21, 1988 Responding to the Mayor's call for public testimony about trees were Edith Brimes, 4113 Lorraine Rd., Helen Fleitz, 4117 Lorraine Rd., and Winnie Brtis, 4101 Lorraine Rd. These speakers explained to the council their efforts in trying to get the Miraleste Parks and Recreation Board members to consider an item regarding tree removal and/or tree trimming on the Board's agenda. They were concerned about the loss of their view because of street trees. It was the consensus of Council that the Mayor and Councilman Hughes should contact the Miraleste Parks and Recreation Board of Directors. Roy Fulwider, 28219 Hazelridge, requested that the Council have a policy of replacing trees that have been removed because of view blockage. Councilman McTaggart moved, seconded by Mayor Ryan to have the City Attorney further refine this tree policy and schedule for Council consideration at the September 6, 1988 meeting. LANDSLIDE SUB-COMMITTEE Councilwoman Bacharach briefly reported on her tour of the landslide area with consultant Barna Szabo. Staff was requested to report back to the Council sub-committee regarding the procurement of appropriate rock debris to use at the beachf ront . DISCUSSION OF THE JUNE 7, 1988 Council briefly discussed TAX ELECTION (501) whether this tax issue should be put on another ballot and, whether it would be more appropriate to wait until the residents started the initiative process. It was the consensus that a sub-committee of Hinchliffe and Bacharach should report back to the City Council sometime in September with an analysis of future steps to take with this matter, POSITION ON LEASE SALE #95 Councilman McTaggart requested that is item be put on the July 5th agenda so Council could take a position on the leasing for off-shore oil drilling facilities. CABLE TV FRANCHISE RENEWAL Councilman Hughes reported ( 605 ) that the Cable TV sub- committee is now in the process of negotiating with the Cable Company on the original County franchise. Since there is a provision in the franchise that provides for the Cable Co. to make an annual report on it's performance, he suggested that such a report could be made to the community by the Cable Co. at a future City Council meeting. on another cable TV related issue, the Mayor requested that the address of the Cable relay box be put in the City Manager's weekly status report, -8- . JUNE 21, 1988 CITY MANAGER REPORT: STATUS OF COUNCIL DIRECTIVES With regard to the traffic car analysis, Council requested that staff inquire about the possibility of using a motorcycle deputy for traffic enforcement. Regarding the median beautification, Council inquired whether palm trees could be used on the Crest Rd. median. CITY COUNCIL - CITY MANAGER The City Manager reported that RETREAT he is 'investigating the location and scheduling of a retreat for the City Council and the City Manager. BUDGET MESSAGE The City Manager reported that he will also be drafting a goals and objective message for the annual budget. ITEMS REMOVED FROM THE CONSENT CALENDAR CLAIM AGAINST THE CITY The City Manager reported that BY JOHN KALIN (303) this claim was the result of damage to an automobile on private property. The City had been advised by the SCJPIA that this claim should be denied hence the reason for it's appearance on the agenda. Mayor Ryan moved, seconded by Councilwoman Bacharach and carried to reject this claim and instruct the City Clerk to notify the claimant of the Council's action. The motion carried unanimously. RECESS TO CLOSED SESSION At 11:35 P.M. the Council adjourned to a closed session to discuss the City of Rancho Palos Verdes versus the County of Los Angeles regarding quiet title a lot formerly designated as Narbonne right of way, to discuss potential litigation where the City may decide to commence legal action and to discuss a suit against the City. At 12*-35 P.M. the meeting reconvened with no action taken and immediately adjourned on motion of Councilman McTaggart. MAYOR NM9- JUNE 21, 1988 MIN29