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CC MINS 19881220M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 20, 1988 The meeting was called to order at 7:30 P.M. by Mayor Jacki Bacharach at Hesse Park Community Park Center, 29301 Hawthorne Blvd. After Pledge of Allegiance to the flag, roll 0 call was answered as follows. PRESENT*. McTAGGART,, HUGHES,, HINCHLIFFE, RYAN AND MAYOR BACHARACH Also present were City-Manager Dennis McDuffief Environmental Services Director Robert Benard, City Attorney Steve Dorsey., Public Works Director George Wentz, Finance Director Kevin Smith and City Clerk JaPurcell. WAIVER-AND FULL READING- Councilman Hughes moved, ORDINANCES & RESOLUTIONS seconded by Councilman Ryan 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.- requestwa-s made. ' at that time for the .reading of such ordinances or resolution*' i APPROVAL OF AGENDA The agenda was amended with the ..following additions under City Council reports,: schedule of January meeting dates, City Council Committee assignments, Lo-jack, and School Education for Recycling. Also, the Mayor requested a closed session at the end of the meeting for discussion of personnel matters. The agenda as amended was approved on motion of Councilman Ryan, seconded by Councilman Hughes and carried. CEREMONIAL MATTER (304) Mayor Bacharach presented a ceremonial proclamation to the outgoing Committee and Commission Chairs,* Jean Longacre, Chairwoman of the Trails Committee* Sherry Wheeler, Chair- woman of the Traffic Committee; and, Leo Connolly, Chairman of the Planning Commission. She expressed the City's' gratitude for the accomplishments and the dedication necessary for chairing,the.City's Commission-and Committees, The Mayor then presented a proclamation and the gift of appreciation to the immediate past Mayor Robert E. Ryan. CONSENT CALENDAR The consent calendar was approved as follows on motion of Councilman Ryan, seconded by Councilman Hughes, MINUTES Approved the minutes of November 5, 1988 Community Leader Breakfast and the November 29, 1988 Disaster Preparedness Workshop, RESOL.. NO. 88 -77 Adopted RESOL. NO. 88 -77 , REGISTER OF DEMANDS ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. ORDINANCE NO. 238 Adopted ORDINANCE NO. 238 CABLE TELEVISION (605) AMENDING ORDINANCE NO. 196 AND EXTENDING TO ALL AREAS OF THE CITY THE CABLE TELEVISION FRANCHISE PREVIOUSLY GRANTED TO "MMES MIRROR GABLE TELEVISION OF PALOS VERDES PENINSULA. ORDINANCE NO. 239 CABLE TELEVISION (645) THE RANCHO PALOS VERDES CODE. TRACT NO. 37060 (1411) Released the Faithful subdivision contract. the surety and develo Adopted ORDINANCE'NO. 239 CONCERNING CABLE TELEVISION SYSTEM FRANCHISES AND AMENDING (1) Accepted the landscape and irrigation improvements and the final grading 'as complete. ( 2 ) Performance Securities and the (3 ) Directed the City Clerk Ito notify per. TRACT NO. 44239 Approved a reduction in the (1411) bond a,,nd security requirements. The motion to approve the Consent Calendar carried on.the following roll call vote: AYES: MCTAGGART, HUGHES, HINCHLIFFE, RYAN AND MAYOR_BACHARACH NOES: NONE PUBLIC HEARINGS: TRACT NO. 45667 (1411) City Manager McDuffie presented the December 20th staff memorandum and the recommendation to close the public hearing and provide staff with direction as to lot count and -2- DECEMBER. 20, 1988 conditions of approval and continue the applications to January 10, 1989 for final action.' Larry Schmidt,,representing,-Watt Palos Verdes, 3330-Palos Verdes Dr. West,,.told the Council that he has met with the staff, has taken the Planning Commission's recommendations . into consideration-'and consequently has increased.the width of the lots from 70 feet to 75-feet; also, there is now 25 feet between the homes. There are now.55.homes on the property which has ,a total. of 64 acres. He said that 75% of the area will be left open.space and they are willing to provide trail access to,the property* - He referred to an exhibit depicting the location,of the trails. He said that when the project was designed they took the topography of the land into consideration!--and,that a new subdivision map has been prepared. He then presented an artist's rendering of the home closest'to.-PalosNerdes Drive South. Council inquired-if.:a new map had been prepared,-.whether the EIR had taken into consideration control overlay districts, especially since one third of this property was at a greater than 35% slope. Tim Burrell, attorney -for the Watt Company, 4038 Exultant Drive, said that these districts were taken into consideration at the - time of.the E I R preparation, that the majority of the 35% slope .area is -open --space and that use of access ,points on those'siopes - was a - permitted use. Discussion then followed relative to section 17.30.040 of the Municipal, -Code .and ,-it was suggested that perhaps a conference should be. set up between the staff and the applicant to discuss this and how -it -applies to this project. Edward Pearson,. the engineer -for . ,)this project, .:told the Council that the 35% slope -was ,taken into consideration when determining the density of the project. It was his under- standing that the.-General-Plan did-,,allow-development on., property ,of. 35% slopei., Phil Robinson, 3205 Barkentine Dr.' questioned the density,of the.proposed project, requested that the developer follow the standard guidelines and said that.he thought there was no, benefit to the community from.this-11-project,. Lois .LaRue ,,-.._3136 Barkentine, referred to an information - packet distributed to the Council and in particularto, a 1973 geology and environmental impact report which was part of that packet .,.!.,. She .-said that - according to the General Plan this property must be developed to be consistent with the adjacent property. -3- DECEMBER 20, 1989 Sunshine, 6 Limetree, announced her presence on behalf of the Palos Verdes Horsemen's Assoc. Councilman Hughes moved, seconded by Councilman Ryan to continue this matter to the next-City Council meeting, Council then again resumed discussion of the adequacy of the EIR and, in particular, that these concerng'be addressed by the Director of Environmental Se_rvices the City Attorney and the councilmember that may be attending the conference. The consensus was that the conference should determine which sections of the code the City was concerned about meeting General Plan compliance and which sections of the code the applicant felt gave him the authority to*support his request. It was agreed that after such a meeting the summary of findings would be presented at the January-10th meeting, The next item of concern was the development�of the trails and whether the East/West trail or the North/South trail should be put into this project. Concern was expressed if this was the appropriate time for discussion of-the trails. It was the consensus that the Director of Environmental Services, the City Attorney and Councilman Hughes should meet and discuss the issues relative to the General Plan and Development Code* that the Developer should also present his concerns and-that a7summary of their findings be presented to the Council at the January 10th meeting. It was suggested that if another councilmember is.,available --on the date of the conference they make themselves available for that meeting. RECESS At 9:-00 P.M. the -Mayar;declared a recess. At 9:11 ,P*M* the meeting-reconvened, AUDIENCE QUESTIONS Responding to the call for .audience questions was Roy Fulwider,, 28219 Hazelridge, who talked about his concerns'.of the greenhouse effect and requested that the Council plant more trees. .,He also ex- pressed his concern about the traffic on Palos Verdes Dr. North, and, also requested to know the status of the- suggestion he made about concrete block walls having* ftlled cells. (At 9:20-PoMO-Councilinan Hughes'left"the meeting.) Lois LaRue, 3136 Barkentine, requestedithat the City have a Pacific gray whale on the Point Vicente Interpretive sign, and questioned the charges made to her for the reproduction of,FPPC documents, (At 9#029 P.M. Councilman Hughes returned to thebeeting.). 4- DECEMBER �2,0'i 1989 RESOLUTION NO. 88 -78 The City Manager presented the ROCKINGHORSE RD. SEWER' December 20th staff memorandum DISTRICT (901) and the recommendation to adopt the proposed resolution, open the public hearing and set'January 17th'as- the date to hear final protests. RESOLUTION NO ' ` 8 8 `7 8 PROPOSING A CHANGE TO BE MADE IN CONNECTION WITH PROPOSED ROCKINGHORSE SEWER ASSESSMENT DISTRICT was presented by title and adopted on motion of Mayor Bacharach, seconded by Councilman Hughes and carried. NUISANCE ABATEMENT The City Manager presented the 41781 up -dated December 20th staff memorandum and the recommendation that the nuisance abatement proceedings be continued to January 10, 19890 A brief discussion followed regarding the condition of the sidewalk and how it could be made safer. Councilman Hughes moved, seconded'by Councilman McTaggart and carried to adopt the staff recommendation. VILLA CAPRI i; The City Manager presented the AFFORDABLE'HOUSING (701X1411) December 20th staff memorandum and the recommendation to. approve the' summary 'of re -sale ' price controls and restrictions arid' authorize a lottery procedure for selection of prospective affordable unit purchasers. Representing ES Developer was Steve Anderson, 800 West 1st - Street, Suite 200, Los Angeles'90012, who stated.that this recommendation was the result of his discussions with staff. He said that this was the appropriate and best procedure for determining prospective purchasers. He then explained the experience his company has in dealing with'such a lottery process. He said that.prospective purchasers would have to provide proof of their residency and a copy of their Federal Income Tax return. A lengthy discussion then ensued and covered a range of concerns: notification of the 1:200 applicants; the effects of Section 6 which dealt with release of the af f ordabl e housing req -ul* rements in the case of a unit falling * out of escrow twice; clarification of the facts that the City will be in control of the of fordable -stock for 30 years who determines the eligibility of the buyer at the time of the first re -sale; if the net worth of an individual is taken into consideration and not just the annual income; how net worth can be determined; what happens in the case of a fore - closure of a: unit, and, if the city is notified of such fore- closures. --5- DECEMBER 20, 1989 Councilman,Ryan moved seconded by Councilman Hughes to authorize staff, to _set a,closing date of January.11th and set the week of January 16th to hold,the lottery and direct the City Attorney to p.Xepare language, ,.- .regardi:n,g foreclosure and directed the City Manager to get the concurrence of the developer. Also, to send a postcard to the people who applied informing there ,of,,this date .and to continue discussion ofthe -final document s to.the January 10th City Council meeting, ..Motion ,.carried,.. MORATORIUM EXEMPTION The City Manager presented the NO* 22 - 7 PLUMTREE.LANE staff memorandum,.of.December (1801) 2.0th and the recommendations as follows* (1) Submit a Geology report subject.to the approval of the,City Geologist and comply with any recommendations, (2) Obtain a Site,-Plan,l approval from the Director of Environmental Services. (3) Obtain-,Building,Department,permits., where applipablew (4), Submit an Irrevocable offer to )ein the sewer distript when it is formed, (5) Submit a signed agreement.,authorizing the RDA to install roof gutters and area drains at a future date. (6) Submit an irrevocable offer of dedication for sewer and storm drain easements, .(7) Submit a "Hold Harmless"- agreement prior to issuance of building:,.permit.. This exemption shall be void after 360 days unless an application for a building permit is submitted, (8) A site.plan review application .shall .be submitted for the existing storage building. Council then inquired about the requirements of submitting,a Geo logy , ,report o,,what these reports, .. request ,, and .if.1this should be an item scheduled for .,discuss ion ... Councilman -Hinchliffe moved, seconded -by.Councilman Hughes,. and carried to.appro.ve' ,the -staff ,recommendation s CITY COUNCIL REPORTS* SCHEDULE OF JANUARY COUNCIL Council inquired about the MEETINGS status of the January 14th,. trip with the.,Qommit field tees and Commission.., It was the consensus to have a City Council meeting on January 10th and the 19th if it was determined that councilmembers would be going to Sacramento to attend the League Legislative.C'onf.erence.. It was also . decided to hold the interviews for the.Parks Master Plan candidates on January 16th. EMERGENCY PREPAREDNESS -Council-requested that they be- given, copies of the Traf f is Committee minutes where the subject of emergency preparedness was discussed* -6- DECEMBER 20, 1988 LO-JACK (1206) Councilman Ryan reported on this devise used to locate stolen cars. He requested that a letter be sent to the Sheriff's Department, and Contract Cities to enlist their investigation promotion of its use in California. SCHOOL EDUCATION RE: Referring to the conference he RECYCLING (1401 X 1301) attended CLEAN recycling, Councilman Ryan requested that staff obtain the information regarding educational grants for promoting the education of recycling programs. CITY MANAGER REPORTS, TRAFFIC CAR (1206) The City Manager referred to the December 19th letter from the'L.A. County Sheriff's Department regarding the City's request for in- formation for the possible addition of another traffic unit to supplement the present level of service in the City. it was suggested that this item be discussed on a regional basis to see if any other Cities are interested in this additional car* Staff was requested to prepare an economic analysis of the cost involved. ADJOURNMENT At 11**10 P.M. recessed to a discuss matters of personnel. Also the City requested to discuss an item of litigation. the meeting reconvened and adjourned to Dec, A.M. at City Offices. ATTEST: L CITY CLERK—- the meeting closed session to Attorney At 12:30 A. M. ember 24th at 8.*00 MAYOR MIN74 7- DECEMBER 20, 1988