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CC MINS 19880705M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 5, 1988 The meeting was called to order at 7:38 P.M. by Mayor Robert E. Ryan at Hesse Park Community Center, 29381 Hawthorne Blvd. After the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: McTAGGART, HUGHES, HINCHLIFFE AND MAYOR RYAN ABSENT: BACHARACH 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, Finance Director Kevin Smith and Director of Parks and Recreation Mary Thomas. WAIVER OF FULL READINGS Councilman Hinchliffe moved ORDINANCES & RESOLUTIONS seconded by Councilman Hughes 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 Hughes, seconded by Councilman Hinchliffe and carried. CONSENT CALENDAR The consent calendar was amended to move the Charles Abbott Assoc. Building & Safety Contract and the Charles Abbott Assoc. Public Works contracts to the end of the agenda. The consent calendar was approved as follows on motion of Councilman Hinchliffe, seconded by Councilman Hughes. MINUTES Approved the minutes of June 21, June 28, May 16, May 2, and April 25r 1988e ORDINANCE NO. 235 Adopted ORDINANCE NO. 235 - PROPERTY MAINTENANCE AMENDING TITLE 8 OF THE RANCHO ORDINANCE (801x1183x1801) 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 BY REPEALING SECTIONS 12.08.180 OF CHAPTER 12988. (This ordinance was INTRODUCED at the June 21, 1988 meeting.) LEGISLATION: (306) Opposed AB 1452. RECREATION AGREEMENT WITH Authorized the Mayor and City PALOS VERDES UNIFIED Clerk to execute a two -year SCHOOL DISTRICT renewal of the Recreation (1201 X 1401) Agreement with the PVPUSD. TIMES MIRROR CABLE ANNUAL PERFORMANCE REVIEW. (605) PARCEL MAP 8744 LOTS 2 & 3, CONSOLIDATED SEWER MAINT. DISTRICT. - RESOL. 88 -40 (901 X 1411) PALOS VERDES WITHIN THE DISTRICT. Set August 2, 1988 as a public hearing to review the system performance of Times Mirror Cable Television. Adopted RESOL. 88 -40 GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES FOR THE INCLUSION OF CERTAIN TERRITORY OF THE CITY OF RANCHO) CONSOLIDATED SEWER MAINTENANCE CABLE TV JOINT POWERS (1) Adopted RESOL. 88 -41 AUTHORITY. (605) REPEALING RESOLUTION NO. 86 -72 WHICH ESTABLISHED THE CABLE TELEVISION ACCESS FOUNDATION. (2) Approved the proposed agreement between the City and the City of Rolling Hills Estates establishing the Palos Verdes Peninsula Cable Television Joint Powers Authority and, (3) Authorized the Mayor and City Clerk to execute said agreement. CLAIM AGAINST THE CITY BY Rejected the claim and directed EDWIN N. ROTH. (303) the City Clerk to notify the claimant. CONTRACT FOR FISCAL IMPACT Approved the contract agreement REPORT FOR COASTAL between the City and Natelson, DEVELOPMENT (LONG POINT & Levander & Whitney Inc. (NLW) SPECIFIC PLAN V (701) for the preparation of a Fiscal Impact Report (FIR) for coastal development in association with Environmental Impact Report (EIR) Nos. 29 and 30 for the Long Point development and Specific Plan V. RESOLUTION 88 -42 -FOR Adopted RESOL. 88 -42 ADOPTING FOR SALARIES FY 88 -89 CERTAIN SALARY CONTROL POINTS FOR (1202) REGULAR FULL-TIME AND PART -TIME EMPLOYEES FOR FY 1988 -890 -2- JULY 5, 1988 RESOLUTION NO. 88 -43 Adopted RESOLUTION NO. 88 -43 REGISTER OF DEMANDS ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. AGREEMENT FOR AN (1) Approved the extension of the ADDITIONAL EXTENSION OF THE JPA for the South Bay Corridor JOINT POWERS AUTHORITY FOR Study, Phase III (Implementation) THE SOUTH BAY CORRIDOR and for the inclusion of the City STUDY (1505) of Los Angeles. (2) Authorized payment of a $100 assessment for FY 88 -89. COPP CONSTRUCTION INC. Authorized the Mayor and City OVERLAY OF VARIOUS STREETS Clerk to sign an agreement with (1404) Copp Contracting Inc. in an amount not to exceed $106,738 including contingency of $17,000 (15 %) for a total of $123,738. The motion to approve the Consent calendar carried on the following roll call vote: AYES: HUGHES, HINCHLIFFE, McTAGGART AND MAYOR RYAN NOES: NONE ABSENT: BACHARACH PUBLIC WORKS ENVIRONMENTAL ASSESSMENT The Mayor noted that this was a NO. 545 - GENERAL PLAN continued public hearing from the AMENDMENT NO. 16 (7 -11 June 21st meeting. City Manager STORE) (701 x 1843) McDuffie presented the staff. rec- ommendation to continue the public hearing until July 19, 1988. Councilman Hinchliffe so moved, seconded by Councilman Hughes and carried.. PT. VICENTE INTERPRETIVE The City Manager presented the CENTER - PROPOSED PROJECTS July 5th staff memorandum and the AND MEMBER BENEFITSe recommendation that Council adopt (1201) the following: (1) Recognize the "Friends of Pt. Vicente Interpretive Center" as the official fund raising body of the Center; (2) Approve the list of proposed projects; (3) Approve "Friends" Member Benefits as follows (a) free admission to the Center; (b) name on the donor board ($500 donation or more); and (c) Charter members to have names on the charter member plaque to be hung in the Center. -3- JULY 5, 1988 Council briefly discussed the method of removal of board directors and whether there would be five or seven members on the board of directors. Additionaly, they inquired I whether the objective of the Center was to have an educational facility and if all aspects of funding were being investigated. Councilman Hughes moved, seconded by Councilman McTaggart to approve the staff recommendation. Council went on to complement the docents at Pte Vicente for the work being accomplished there. Director Thomas briefed the Council on the fact that the Center has as many as 45,000 visitors per year and that the gift shops volume is up to $55,000 per year. VARIANCE NO* 192 - The City Manager presented the LOCATION** 26703 BASSWOOD July 5, 1988 staff memorandum and AVENUE (1804) the recommendation to uphold the Planning Commission's decision of April 26, 1988 by denying Variance No. 192 Appeal and requiring the applicants to remove the two partially constructed illegal decks. The Mayor and staff clarified the fact that this was considered a public hearing and that notification was duly given. The public hearing was then declared open. The applicant in this matter, Sue Tso, read from a prepared statement which is on file in the City Clerk's office. Speaking in support of these decks were the following neighbors: Kate Russell, 26709 Basswood, Robert Gibson, 26727 Basswood, and William Power, 26721 Basswood. The neighbors said they had no objection to the decks, that their views were not affected, and that the foundations for these decks were well built. Responding to Council's inquiry, the Environmental Services Director responded that an ordinance adopted in 1985 permitted only a six foot encroachment onto extreme slopes, That the decks now being proposed had a total square footage of 672 square feet, Council then went on to discuss the pillars that were installed for support, questioned why and how so many footings were installed for only a 420 ft. deck, why the inspector had missed the additional footings, whether it was the duty of the inspector to approve only what the site plan called for and, since the inspector had approved the site whether or not the applicant had a vested right in these e illegal footings. A discussion then ensued between the City Attorney and the City Council on the issue on vested rights and how this affected the issue of this variance. There was doubt that significant progress has been made on this deck since the building permit was issued in 1981. In responding to Council's question about vested rights, the City At -4- JULY 5, 1988 indicated that significant progress would have to be made in order for a building permit to remain active. It was the consensus of Council that this item should be tabled until the City Attorney has had an opportunity to review the issue of vested rights and that this should be continued until the second meeting in August. RECESS AND RECONVENE At 9*000 P.M. the Mayor declared a recess. At 90#10 P.M. the meeting I reconvened. AUDIENCE QUESTIONS. (1201 x 303) Stacy King, 6919 Maycroft Dr., presented a prepared statement regarding her experience at the Mommy and Me class. Said statement is on file with the City Clerk's office. Responding to the allegations made by Mrs. King the Director of Recreation and Parks described the Mommy and Me class and the circumstances under which Mrs. King was asked to leave the meeting. At this point in the meeting Mr. King came from the back of the meeting room and began yelling and screaming at various members of the Council and staff. At this point he was told by the Mayor he was out of order and to stop this behavior. He, however, continued and was then escorted from the meeting room by Captain Dennis Gillard of the Lomita Sheriff's Station. I CABLE TV PENINSULA JOINT The City Manager presented the POWERS AUTHORITY,(306x685) July 5th staff memorandum and the recommendation that the Council appoint Councilmembers Melvin Hughes and Jacki Bacharach as well as the City Manager to the Board of Directors of the Palos Verdes Peninsula Cable TV Joint Powers Authority. Councilman Hinchliffe so moved, seconded by Councilman McTaggart and carried. NUISANCE ABATEMENT: The City Manager presented the 2509 COLT ROAD staff memorandum of July 5th and (1701) the recommendation to authorize staff to proceed with the Nuisance Abatement at 2509 Colt Rd. if the cause of the nuisance (an unsafe, near verticle slope) has not been supported by the property owner with compacted fill or a retaining wall within the time specified. Mr. Barry whose propety is adjacent to the nuisance,reviewed a chronology of events that have taken place at this site over the past fifteen months., Mr. Barry alleged that his neighbor (Mitchell Salmonson) has been grading the slope -5- JULY 5, 1988 adjacent to a fence that he had installed about ten years ago. He said that cuts have been made along the property line exposing the foundation of this fence. Citing the seven and a half foot vertical cut in the slope, he explained how the fence was being endangered by the alleged activities of Mr. Salmonson. He requested that whatever grading is con- ducted by Mr. Salmonson be required to meet the code restrictions. Richard Salmonson, brother of Mitchell Salmonson, said that no grading had occurred at the location and that the pictures depicted natural erosion. He alleged that this was the result of grading and filling that had taken place in 1976. Patricia Colburn, 1329 West 8th Street, San Pedro, said she was a property Manager, that she has visited the site and that no grading has taken place. Judy Salmonson, 2509 Colt Rd.,, said that she moved into the area in 1974 and described the disputes that have taken place between the Salmonsons and the Barrys since that time. Clyde Isaacs, attorney for Mr. Salmonson, 1454 Crenshaw Blvd., said that Mr. Barry is using Mr. Salmonson to get a retaining wall placed around his property. He requested that he be allowed to go on Mr. Barry's property with the soils engineer and ask that Mr. Barry be requested to give him permission to do so at a reasonable time. He also requested that the Council not make any decision on this matter until the criminal case against Mr. Salmonson has been resolved. James Crowell, a friend of Mr. Barry, said that it was clear that digging has been going on at this site. He urged Council to support the staff recommendation. Responding to Council's inquiry about the fill on Mr. Barry's property, Mr. Barry responded that his fence was built after the fill was completed. Responding to another Council inquiry, the City Attorney stated that the downslope property owner has the obligation to take affirmative steps to prevent damage to up-slope property. Responding to Mr. Isaac's request that this matter be continued until after the criminal case, City Attorney Dorsey said that this is a separate procedure. It was the consensus of Council that the coucilmembers should each visit the site and that this matter be continued until the first meeting in August. At that meeting a limit would be placed on the time allowed by both sides and that the Council should state what they have seen at the site. STREET NAME CHANGE - The City Manager presented the MARGUERITE DR* (1406) July 5th staff memorandum and the recommendation to receive and file an objection to changing the name of Paseo Del Mar to Marguerite Dr. -6- JULY 5, 1988 Raymond Newby, son of Dorothy Corliss, a resident of Paseo Del Mar said his mother has lived in this area for 37 years and that all of her correspondence is directed to the Paseo Del Mar address. He objected to this name change. Council then discussed that this tract was approved over eight years ago and that the name Marguerite Dr. had been designated at that time and that there had been numerous public hearings for the approval of this tract. Councilman Hinchliffe moved, seconded by Councilman Hughes to receive and file this request. The motion carried. A brief discussion then took place about the fact that Paseo Del Mar is broken up into several locations and how confusing that situation is. CITY COUNCIL REPORTS: LEASE SALE NO* 95 Councilman McTaggart recommended (1601) that this would be an appropriate time for the City Council to appoint a subcommitee to work with the organization that is trying to stave off the leasing efforts of the Department of Interior for off-shore oil drilling along the coast. Councilman McTaggart and Coucilwoman were appointed to serve on that sub-committee. LANDSLIDE SUBCOMMITTEE Councilman Hughes reported that South Bay Engineering is arranging to haul away 100,000 cubic yards of dirt and that it is estimated that it will take about three month, to complete the job. The trucks are hauling the dirt on Western Ave. and the "empties" are coming back along Hawthorne and a portion of P.V. Dr. West through Palos Verdes Estates. The dispute with Palos Verdes Estates about this issue has been resolved. He also reported that the eastward movement of the slide has been stopped, the center portion of the slide is still moving and he described the reduction in movement of the total area. He said that the survey data has been collected and that new maps should be ready in about two to three weeks. WINDOW BASHING recently taken place in members of the public their neighborhood and if they witness any of MALIBU INCORPORATION ELECTION (310) corporation election to requested that Council Councilman McTaggart reported on a rash of window bashing that had his neighborhood. He requested that be vigilant of what is happening in to contact to the Sheriff's Department these activities. Referring to a letter that he received from Malibu re- questing support for an in- be held in November 1988, the Mayor support Malibu's request and that he -7- JULY 5, 1988 be permitted to send a letter in support. CALIFORNIA NAVIGATIONAL It was the consensus that the MARINE AFFAIRS & NAVIGATIONAL billing for membership in this CONFERENCE organization be placed on the next register of demands. MEDIAN TREES Mayor Ryan inquired about the .cost of maintaining palm trees in medians. It was the consensus that staff should look into this item and report back to Council. CITY MANAGER REPORTS, STATUS OF CITY COUNCIL A brief discussion foll=owed - on DIRECTIVES9 (GEOLOGY the contents of Dr. Ehlig's REPORT PROCESS REVIEW) letter and the fact that it did (201 x 1801) not respond to a question about the reason for these reports. It was the consensus that staff should report back with a response to this question also. CONSTRUCTION DUMPSTER It was the consensus to approve PERMIT PROCEDURE the staff recommendation that a final recommendation be made to Council on permit fees. TRACT NO* 40640 (BURRELL The City Manager presented the TRACT) July 5th staff memorandum and the recommendation to receive and file this request for guidance on the interpretation of the types of improvements allowed within twenty-five feet of the coastal setback line,, Tim Burrell, 4038 Exultant Dr., presented a map of the tract and requested that the City continue with the policy of and not prohibiting pads being built in setbacks. He felt that it was the City Council's original intention to treat this setback area just like any other in the City. Summarizing the characteristics of this tract he said that it would be appropriate to allow structures of a non-permanent nature. After Council discussion of the rationale for what was allowed inside and outside of the setbacks, the fact that the homes in this tract were kept as far back from the bluff as possible to allow people up-slope a view of the white water, it was the consensus that these set-backs should be treated just like any other setbacks in the City relative to surface improvements, but no permanent structures should be -8- JULY 5, 1988 allowed to encroach. The Council then briefly discussed how lot coverage and open space is computed. ITEMS REMOVED FROM THE CONSENT CALENDAR, CHARLES ABBOTT BUILDING The City Manager presented a AND SAFETY CONTRACT AND time table for review of these CHARLES ABBOTT PUBLIC contracts. Discussion followed WORKS CONTRACT on whether or not the review (1204) should be made of this year's fiscal contracts or if the review should be made along the proposed timeline. Discussion ensued about the administrative fee, and the employment of consultants to perform some of the work for Charles Abbott, Councilman Hinchliffe motion to extend the contracts present condition failed on a 2-2-0 vote with Mayor Ryan and Councilman McTaggart voting in opposition. Discussion then took place on how the contract could be continued with the proviso that if and when they are approved and a rate change is made, that the rate could be made retroactive. Councilman McTaggart then moved, seconded by Mayor Ryan to continue these contracts under the present terms with the proviso that the rates be made retroactive. The motion carried on the following roll call vote. AYES: HUGHES, HINCHLIFFE, McTAGGART AND MAYOR RYAN ABSENT** BACHARACH -0 AUDIENCE QUESTIONS. J.D. McLaren, 3923 Palos Verdes Dr. Soo, inquired about the allegation that the City Council is in favor of the Specific Plan that the Hon Company is developing, and whether the Hon Co. is doing the Specific Plan so the City doesn't have to pay for it. Staff explained the process under which the Specific Plan must go through before it comes to the City Council for decision. RECESS TO CLOSED SESSION At 12*007 A.M. the meeting recessed to a closed session to discuss litigation between the City of Rancho Palos Verdes and Valley Crest and to discuss one item of potential litigation. -9- JULY 5, 1988 RECESS AND RECONVENE At 1:38 A.M. the meeting recessed and immediately convened upon motion of Councilman Hughes, seconded by Councilman McTaggart. A EST: CI Y CLERK .MAYOR -10- JULY 5y 1988