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CC MINS 19880802M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 2, 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: 0 PRESENT. BACHARACH, McTAGGART, 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, Recreation & Parks Director Mary Thomas and Finance Director Kevin Smith. WAIVER OF FULL READINGS Councilman Hughes moved, ORDINANCES & RESOLUTIONS seconded by Councilwoman Bacharach 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 The consent calendar was approved as follows on motion of Councilman Hughes, seconded by Councilwoman Bacharach. OUT OF STATE CONFERENCES- Council approved the FY 88-89 SCHOOL ATTENDANCE (602x1102) budget recommended by the City Manger for out-of-state confer- ences and schools for the City Councilmembers, City Manager and staff. STREET PATCHING CONTRACT (1) Accepted the work as VERNON PAVING CO* (1404) completed by Vernon Paving Co. at a total cost of $85,446. (2) Directed the City Clerk to file a Notice of Completion, notify the surety and exonerate the contract bonds 38 days after the Notice has been recorded. (3) Directed the Finance Director to release the retention if no claims have been filed against the contractor within the allowable time period. CLAIM AGAINST THE CITY MARY E. SCHIMMENTI (383) CLAIM AGAINST THE CITY MRS. LUDWIG Co ZELT (303) Rejected the claim and directed the City Clerk to notify the claimant. Rejected the claim and directed the City Clerk to notify the claimant. CONTRACT CIVIC ENGINEERING Awarded to Civic Engineering SANITARY SEWERS AT RUCKING- the contract for design of HORSE SEWER ASSESSMENT DIST* sanitary sewers at Rocking - (981) horse Sewer Assessment District for a cost not to exceed $13,860. RESOLUTION No. 88 -49 Adopted RESOLUTION No. 88 -49 REGISTER OF DEMANDS ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: BACHARACH, HUGHES, McTAGGART & MAYOR RYAN ABSENT:HINCHLIFFE PUBLIC HEARING: CABLE TELEVISION The Mayor opened up the public (685) hearing to receive subscriber input on the system perform- ance of Times Mirror. The City Clerk reported that notice of the public hearing had been duly published and that one written protest had been received by the City. The City Manager presented the staff recommendation that this public hearing be conducted and that the Council receive public comment. A brief discussion followed about the method of advertising this public hearing and it was revealed that notice had been published, that press releases had been issued and that it was advertised on Cable television. Council discussed if the public hearing should be continued to insure adequate public notification. Additional discussion ensued wherein the issue of improving the quality of sound for certain programs, especially the City Council meetings was discussed. -2- AUGUST 2, 1988 Councilwoman Bacharach moved, seconded by Councilman McTaggart to close the public hearing. Steve Fowler, General Manager of Cable Television, responded to Council's inquiry about the state of art for appearance and construction of relay boxes for cable television. With regard to advance billing, Mr. Fowler said that this was one method of keeping costs down. Councilwoman Bacharach's motion carried unanimously. NUISANCE ABATEMENT - The City Attorney reported 2509 COLT ROAD (1701) on the request from Mr. Salmonson's attorney to continue this matter to the first meeting in September because it was felt that certain issues could be resolved by that time. After a brief discussion of any liability that may be incurred by the City because of this delay Councilwoman Bacharach moved, seconded by Councilman Hughes to continue this matter to September 6, 1988. The motion carried on a 3 - I - 0 vote with Councilman McTaggart voting in opposition, LANDSLIDE MORATORIUM The City Manager presented the EXEMPTION NOe 18 staff memorandum of August 2nd (1801) and the recommendation that the City Council deny this request for an exemption from the landslide moratorium and direct the applicant to remove the existing structure within 60 days.. Representing the applicant, Portuguese Bend Homeowner's Association was John McCarthy, 105 Spindrift, who told the Council that he would address the issue of the moratorium exemption. He stated that the structure is barely within the boundary of the Klondike moratorium area, and that two important drillings recently performed by the Transamerica Corporation had shown this area to be geologically stable, hence the reason for their requesting an exemption for this structure. He went on to explain what these decks replaced and their potential use by the residents of the area. Council then discussed the idea of the moratorium exclusion and if this project would fit that category. Additionally, Council questioned the reason for the Bay Club's neglect in not applying for the proper City permits. Also representing the Homeowners' Association was Charles Hotchkiss, 84 Yacht Harbor Dr., who stated his opposition to the staff report indication that the deck was originally 2750 square feet and not 1500 square feet. -3- AUGUST 2. 1988 He said that Transamerica approved this structure and that ownership of the property that it covers will be transferred to the Bay Club in the near future. Council then discussed how staff will interpret the exemption process, what the appropriate action would be to take on this matter, and if it could be dismissed without prejudice thereby allowing the Bay Club to make another application, Councilwoman Bacharach moved, seconded by Councilman McTaggart to deny the exemption. The motion carried. LANDSLIDE MORATORIUM The City Manager presented the EXEMPTION NOe 19 (1801) staff report of August 2nd and the recommendation to deny the requested landslide moratorium exemption and require the landowner to remove that portion of the existing deck which is recent construction and encroaches beyond the rear property line. Council discussion centered on the fact that a portion of this deck encroaches onto somebody else's property, and questioned whether the Portuguese Bend Homeowners' Association opposed the application, and if the City had sought the approval of the owner whose property is being encroached upon. Additional discussion centered on the formation and lot lines for the Bay Club and at this point the City Attorney gave a brief history on the lot line technicalities. Speaking again for the Homeowners' Association was John McCarthy, who told the Council that all property owners have been told that the CC&R's would be enforced and that all building would have to conform to them. Councilwoman Bacharach moved, seconded by Councilman Hughes and carried to deny the exemption. The recommendation was made that staff and the applicants should always clear up any questions of ownership prior to a matter coming to the City Council. RECESS AND RECONVENE At 84*55 P.M. the Mayor declared a recess. At 9:06 P.M. the meeting reconvened. AUDIENCE QUESTIONS. Responding to the Mayor's call for audience questions for items not on the agenda was Rollin Sturgeon, 5456 Bayridge Rd., who inquired about the possibility of restricting homes in the Grandview area to one story. He went on to explain the philosophy behind the CC&R's and felt that it was always -4- AUGUST 2. 1988 the intention of the developer to limit the homes in that area to one story. He requested that the Council consider putting such a restriction on that area. It was explained to Mr. Sturgeon that such a restriction would have to be City- wide and not just apply in one area. CITY COUNCIL REPORTS* REGIONAL POLICE MEETING Alluding to the July 28th staff (1206) memorandum and the recap of the Regional Police meeting that took place on that date, Councilwoman Bacharach reported that the Sheriff's Dept. was now going to make a request for reserved motorcycle deputies to aid in traffic enforcement in the City. These deputies are volunteers and are available only on weekends. Also discussed at the Regional meeting was the forfeiture and fines disbursement and the fact that the State collects $12.50 from each fine and, only if there is anything left over, does it go to the cities. A meeting was scheduled for August 3, 1988 with Court officials to discuss this matter. Councilman Hughes reported that the JPA voted to spread the cost of traffic enforcement for Miraleste High School amongst the Cities. Briefly discussed was the new state law which allows cities to charge persons responsible for causing emergency response situations such has DUI accidents. It was the consensus that the City Attorney should review this bill for possible implementation by the City. A brief discussion followed on the issuance of tickets in the City of Rolling Hills Estates that result from monitoring done in the City of Rancho Palos Verdes and the method used to disburse the resultant fines. TRANSPORTATION ISSUES Councilwoman Bacharach reported (1505) on the JPA action to reduce the Dial-A-Ride fare, the fact that the Peninsula Seniors are reconstituting a committee to contact past dial-a-ride users in an effort to determine the reason for the decline in ridership, and that P.V. Transit has been requested to look at fare adjustments in an effort to attract ridership to P.V. Transit. She also reported that P.V. Transit is looking into the idea of a mixed fleet and that the Transit staff has been asked to prepare a new proposal for the system with the option that it be a joint system. With regard to CTIP's, the study is progressing, however, she requested that since RTD is now objecting to some of the CTIP lines and has complained that they are encroaching into RTD area, she requested that the Mayor write a letter to the Cities' representative requesting RTD cooperation with the study. on the issue of taxi cabs, Councilwoman Bacharach reported that a study is being done to determine the rules and regulations for cabs in the South Bay area with the idea in mind at looking at some kind of a franchise for taxies in the area. -5- August 2, 1988 EMERGENCY PLANS (401) Mayor Ryan reported on his attendance at a mayors' conference wherein the issue of disaster preparedness was discussed. He recommended that Council consider having the Traffic Committee responsible for certain items dealing with disaster preparedness, in particular, the Sheriff's plans and traffic signage. It was the consensus that this matter be referred to the Traffic Committee and that a letter be prepared for the Mayor's signature advising them of this responsibility. STREET TREES (1407, ) Council proceeded to discuss the proposed street tree policy as defined by the City Attorney. It was the consensus that paragraph No. 1 of the covenant should be amended to include the ridgeline of the existing residence* that paragraph No. 3 be amended to reflect the view to be protected must exist within the living area or on any portion of the lot from a sitting position, Warren Sweetnam, representing the Rancho Palos Verdes Council of Homeowners' Association said that his organization was requesting that Council consider a 30 day notification period for the removal or pruning of the offending trees, that the allocation of cost should be to the person requesting the removal and also requested that Council consider the situation when trees are providing privacy. After Council discussion, it was the consensus that this item would be placed,on the next agenda and then be set for a public hearing on September 6, 1988. CITY MANAGER REPORTS: STATUS OF COUNCIL Council inquired about the DIRECTIVES (1107) status of the Newsletter publication and it was the City Attorney's opinion that the guidelines used for the City's Newsletter are permissible under Proposition 73, STATUS OF THE RECYCLING Public Information Officer Cari PROGRAM (1301) Cooper summarized the success experienced in the recycling program just recently implemented in the City. Staff was re- quested to monitor Waste Management recycling efforts and their equipment used in the recycling program. A brief discussion ensued about the income from this program and the fact that some of the funds should be returned to certain homeowner associations who participate in the recycling effort, -6- August 2, 1988 5TH TUESDAY MEETING It was the consensus of Council to have a meeting with the Planning Commission and the Traffic and Trails committee on the 5th Tuesday of the month and that such meeting would start at 6#030 P.M. RECESS TO CLOSED SESSION At 10*038 P.M. the meeting AND ADJOURNMENT recessed to a close session for discussion of pending litigation and personnel matters. At 10:50 P.M. the meeting reconvened and immediately adjourned on motion of Councilman Hughes and carried. ATTEST. AYOR -7- August 2, 1988