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CC MINS 19870317M I N U T E S RANCHO PALOS VE RDES CITY COUNCIL REGULAR MEETING MARCH 17, 1987 The meeting was called to order at 7:30 P.M. by Mayor Melvin W. Hughes at the Hesse Park Community Center, 29301 Hawthorne Boulevard. After the Pledge of Allegiance to the Flag, roll call was answered as follows: PRESENT: RYAN, McTAGGART , AND MAYOR HUGHES ABSENT: HINCHLIFFE LATE ARRIVAL: BACHARACH @ 7:40 P.M. Also present were City Manager Dennis W. McDuff ie, Finance Director Kevin N. Smith, City Attorney Steve Dorsey, Director of Environmental Services Robert Benard , City Clerk Jo Purcell, and Public Works Director George Wentz. WAIVER OF FULL READING OF Councilman McTaggart moved, seconded ORDINANCES & RESOLUTIONS by Councilman Ryan and carried to waive reading in full of all ordi- nances 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 City Clerk announced the follow- ing additions: Santa Monica Bay Watershed Study, Letter from Con tract Cities Association, letter from Rolling Hills Estates regarding sign standards, Report from Rental Housing Subcommitteee, and P.U.0 application. The agenda as amended was approved on motion of Councilman McTaggart, seconded by Councilman Ryan and carried. CONSENT CALENDAR The City Clerk announced that the following items were deleted from the Consent Calendar: Minutes of February 21, 1987. The Consent Cal- endar was approved as follows on mo- tion of Councilman McTaggart, sec- onded by Councilman Ryan. 707CP /MIN3.1 MINUTES HAZELRIDGE DRIVE RECONSTRUCTION (1404) 1986 -87 STREET PATCHING PROJECT (1404 ) Approved the minutes of March 4, 1987. Awarded contract for partial recon- struction of Hazelridge Drive to Copp Contracting in an amount of $39,500, including a 5% contingency fee. Awarded this contract to Century Paving in an amount not to exceed $83,500, including a 15% contingen- cy. LEGISLATION (306) Supported: AB339; Redondo Beach's Application for Catalina Express service out of their harbor. Oppos- ed: AB154 and adopted SCAG' s posi- tion opposing the adoption and im- plementation of the proposed OCS leasing program by the Department of In- terior and directed staff to notify our representatives. RESOLUTION NO. 87 -14 - REGISTER ADOPTED RESOLUTION N0, 87 -14 ALLOW - OF DEMANDS ING 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. RYAN, McTAGGART , AND MAYOR HUGHES NOES: NONE ABSENT: HINCHLIFFE AND BACHARACH PUBLIC HEARING DEVELOPMENT CODE #23 The Mayor re- opened the public hear- (MINI-MARKETS) ing on this matter which had been (701) continued from the March 43 1987 meeting. City Manager McDuffie pre- sented the staff recommendation as listed in the staff report. (At 7:40 P .M. Councilwoman Bacharach arrived.) 707CP /MIN3.1 -8 -2- March 17, 1987 Councilwoman Bacharach said that even though she was absent from the first hearing on the matter she had watched the videotape of that meeting and was prepared to vote on the issue, Responding to the Mayor's call for public testimony were the following people: Melinda Downing, 1914 Caddington Drive; Robin Lindsay, 28825 Gunter Road. Their concerns were about the personnel training requirements for employees of the convenience stores, the addition of rest -rooms in these stores and about the crime these establishments seem to attract. Councilwoman Bacharach moved, seconded by Councilman McTaggart and carried to close the public hearing. Council discussed whether the ordinance could be prepared to completely preclude convenience stores, require restrooms, refine the definition of liquor stores versus convenience stores, and limit the hours of operation. Mayor Hughes appointed Councilmembers McTaggart and Ryan to form a subcom- mittee to work with the staff in defining convenience stores in such a fashion to clearly establish what is meant by convenience store. ORDINANCE N0. 215U OF THE CITY OF RANCHO PALOS VERDES EXTENDING ORDINANCE NO. 206U AND DECLARING THE URGENCY THEREOF was PRESENTED BY TITLE and ADOPTED on motion of Councilman Ryan, seconded by Councilwoman Bacharach and carried on the following roll call vote: AYES: RYAN, McTAGGART , BACHARACH AND MAYOR HUGHES NOES: NONE ABSENT: HINCHLIFFE CEREMONIAL MATTER ( 304 ) PENINSULA DIAL -A -RIDE - 1986 -87 REVISED BUDGET (1505) Mayor Hughes presented a ceremonial proclamation to Captain Elmer Omo- hundro in appreciation for his ten- ure of of f ice as Commander of the Sheriff's Station in Lomita. In- coming Commander Dennis Gulard was then introduced . City Manager McDuf f ie presented the March 17, 1987 staff memorandum and recommended approval of the revised 1986 -87 budget as presented by the Peninsula Transportation Authority and the appropriation of additional funds in the amount of $26,000 Prop- osition A funds to the program. Councilwoman Bacharach moved, seconded by Councilman McTaggart to approve the staff recommendation. A brief Council discussion followed on the use of these funds and the intent of the legislation. The motion- carried on the following roll call vote: AYES: BACHARACH, McTAGGART, AND MAYOR HUGHES NOES: RYAN ABSENT: HINCHLIFFE 707CP /MIN3.1 -8 -3- March 17, 1987 AUDIENCE QUESTIONS Responding to the Mayor's call for audience questions was Kathy Snell, 8 Vanderlip Drive, who inquired about lifting the moratorium for additions in the Abalone Cove Land- slide area. Council responded that it would probably be a number of years before the moratorium could be lifted and that there is not a separate moratorium on room additions. RECESS AND RECONVENE At 8:50 P.M. the Mayor declared a brief recess. At 9:00 P.M. the meeting reconvened. ORDINANCE NO. 213 - MARINELAND Mayor Hughes said that discussion of (1804 ) this item would be broken into two parts: land use and technical use. City Attorney Steve Dorsey explained that this ordinance amended Ordi- nance No. 213 in its original form and as amended by Ordinance No. 214. The proposed ordinance contained language requiring the issuance of a Conditional Use Permit prior to issuance of any demolition permit. ORDINANCE NO, 216U OF THE CITY OF RANCHO PALOS VERDES AMENDING ORDINANCE NO, 213U AND DECLARING THE URGENCY THEREOF was PRESENTED BY TITLE. Coun- cilwoman Bacharach moved, seconded by Councilman McTaggart to waive further reading and ADOPT ORDINANCE NO. 216U. The motion carried on the following roll call vote: AYES: RYAN, BACHARACH , McTAGGART , AND MAYOR HUGHES NOES: NONE ABSENT: HINCHLIFFE Council requested that staff put together a chronology of events that have taken place over the past few months concerning the Marineland issue. City Manager McDuffie presented development guidelines for the Marineland site. He said that the items outlined would be a policy statement and rec- commended they be placed on the next City Council agenda for adoption. This policy statement will be available to the public at City Hall, Responding to the Mayor's call for public testimony was Susan Brooks, 3419 Corinna Drive. Ms. Brooks related the meeting and conversation that her group had with Mr. Peter Jovanovich of Harcourt Brace and Jovanovich . Also speaking on this matter was Tim Desmond, 23413 Shadycroft, Torrance, who presented a petition of 18,000 signatures in support of the Marineland animal care facility. Council then briefly discussed the contents of Senate Bill No. 1231 intro- duced by State Senator Beverly. This bill proposed regulation to limit the transportation out of state of live killer whales held in captivity within the State of California. This item will be placed on the next agenda for support by the City Council. 707CP /MIN3.1 -8 -4- March 17, 1987 Responding to the Mayor's call for any additional public testimony on this matter was Kathy Snell, 8 Vanderlip Drive, who inquired about the action that the City could take in getting the 20 acres and perhaps financing its purchase through a bond issue. Considering the amount of revenue to be raised to pay back the bonds, the City Manager responded that this would be an unlikely alternative to handle such a purchase. Council then briefly discussed the contents of SB 1231 and the fact that the League of California Cities and Contract Cities Association should be made aware of this bill so they can support it. HERMAN COMMUTER BUS SERVICE City Manager McDuffie presented the (1505) March 17, 1987 staff memorandum and the following recommendations: (1) the scope of study in the pro - posed RFP be approved in concept to allow for minor changes and include the cities bordering the E1 Segundo - Aerospace corridor; (2) the use of Proposition A Funds toward this pro- ject, contingent upon the City Council's final review and award; and (3) approve the application to the Los Angeles County Transportation Commission for an incentive grant to fund 50% of the study. Councilwoman Bacharach moved, seconded by Councilman Ryan to approve the staff recommendation. The motion carried on the following roll call vote: AYES: RYAN, BACHARACH , McTAGGART , AND MAYOR HUGHES NOES: NONE ABSENT: HINCHLIFFE APPEAL OF PLANNING COMMISSION City Manager McDuffie presented the ACTION - C.U.P. PERMIT March 17, 1987 staff memorandum and N0. 103 (1804) the staff recommendation to adopt the proposed resolution dismissing the appeal to the Planning Commis- sion's decision. Council then inquired if a median had been planned for Crest Road, if the recommendation bore a reasonable relationship to the development under question, how the median would affect this parcel, and whether the Traffic Committee had looked into this matter. Ken Tabataby, 29960 Harvester, Malibu, objected to the development fee for this project, and cited the fact that the parcel only has 34 parking spaces and consequently there will be very little traffic. Council then expressed concern about the fact that the Traffic Committee had not reviewed this issue, the difficulty in making turns out of this proposed project onto Hawthorne and the equity in requesting that the owner of the property pay one -sixth (1/6) of the cost of signalizing the entire intersection. Councilwoman Bacharach moved, seconded by Councilman Ryan to send this matter to the Traffic Committee for their examination. The mo- tion carried unanimously. Council briefly discussed whether or not an As- 707CP /MIN3.1 -8 -5- March 17, 1987 sessment District could be established to distribute the cost for the sig- nalization of the entire intersection. The City Attorney will report back on'this at a later date. NUISANCE ABATEMENT AT 4270 City Manager McDuf f ie presented the DAUNTLESS (1701). staff recommendation that he be authorized to abate the public nui- sance at 4270 Dauntless unless it is eliminated by the property owner be- fore March 30, 1987. Associate Planner Greg Fuz further detailed the contents of the staff re- port which cited the various health code and fire violations existing at that location. The cause for abating this nuisance if not done by the owner will be fully recouped by billing the property owner, attaching a lien to the property, and /or by adding the cost to the property owner's tax bill. A preliminary estimate. of the cost of abatement is approximately $11000 to $115000 Councilwoman Bacharach moved, seconded by Councilman Ryan to adopt the staff recommendation. The applicant in this matter, Edwin Roth, 4270 Dauntless Drive, voiced his objection to the order to abate. The Mayor ex- plained that the nuisance would be abated and that it will be charged to Mr. Roth's tax bill. TRACT 44239 - GOLDEN COVE - City Manager McDuffie presented the AFFORDABLE HOUSING March 17, 1987 staff memorandum and AGREEMENT (701) the staff recommendation to approve the agreement and attachment to the grant deed. Council expressed con - cern about Section 9, ( termination) and whether the 24 month time allot- ted for commencement of the project coincided with the, terms of the Condi- tional Use Permit. Council then discussed the eligibility requirements as outlined in Section 3 (Initial Sales /Priority Process) and whether it could be limited to Peninsula residents only. Representing the owner of this property was Stanley Mosler, 2013 Via Cerritos, , Palos Verdes Estates , who told the Council that this matter is ready to close escrow on March 20, 1987 and that it is important to have the agreement signed by that date. Council then resumed discussion of the priority basis and it was the consensus that the City Attorney amend the agreement to show Rancho Palos Verdes residents having first priority, then Peninsula residents, even for resales. Councilman Ryan moved, seconded by Councilman McTaggart and carried to approve the affordable housing agree- ment subject to the City Attorney making those amendments. CITY COUNCIL REPORTS: Santa Monica Bay watersheds Study, Phase II - Mayor Hughes reported on this request from the City of Santa Monica for support from cities in the Santa Monica Bay for the study. Councilman McTaggart moved, seconded by Council- man Ryan and carried to receive and file this request. 707CP /MIN3.1 -8 -6- March 17, 1987 Contract Cities - Mayor Hughes reported on the letter received from the Contract Cities Association regarding property tax revenue and no and low tax cities. Letter from Rolling Hills Estates Regarding Design Standards for Signs - Mayor Hughes reported on a letter from the City of Rolling Hills Estates regarding consistency in design standards for signage at Peninsula Center. It was the consensus that this matter be sent to the Planning Commission. Rental Housing Subcommittee - Councilman McTaggart reported on a notice that he had seen about rental of apartments at Palos Verdes Apartments on a daily basis. He inquired whether or not this would put the apartment com- plex in the motel category. This item was referred to the City Attorney for investigation. . . . . . . . . . . . . Notice of Filing Application by the Public Utilities Commission - City Councilman McTaggart referred to a notice of filing application by the California Public Utilities Commission as a result of Southern California Gas Company filing for an application to change rates for residential com- mercial industrial and wholesale customers. He requested that staff con- tact the P.U.C. and find out the status on this matter. CITY MANAGER REPORTS: Tree Removal - City Manager McDuffie presented the March 17, 1987 staff memorandum and the recommendation to continue the present tree removal and replacement policy City -wide. Council discussed the necessity of signing an agreement where only the sidewalk needs to be repaired. Responding to the Mayor's call for public testimony was Richard Hubacek, 2127 General Street; Deborah Ann Palmieri, 1907 Valleta Drive; and Walter Yeager, 27803 Montereina, representing the Rolling Hills Riviera Homeowners Association. Their concerns were about the changes that have, taken place in the tree policy and how to it affects the agreement that may have al- ready been signed and filed by other homeowners, whether as many trees scheduled for removal should indeed be removed since they are not doing any visible damage, and the suggested that the Council consider that the agree- ment be required only for future damage caused to sidewalks and curbs. Councilman Ryan moved , seconded by Councilman McTaggart that the policy be changed to reflect that the covenant be required only when damage is as of the date of inspection. The motion carried. It was the consensus that staff incorporate this into the policy and return the sidewalk issue for consideration at the next meeting. ITEMS REMOVED FROM THE CONSENT CALENDAR: Minutes of February 21, 1987 - Council briefly discussed February 21,1987 and whether they accurately reflected the that meeting. It was the consensus that these minutes be City Council agenda. the minutes of motion made at put on the next 707CP /MIN3.1 -8 -7- March 17, 1987 RECESS TO CLOSED SESSION At 12:19 A.M. the City Council ad- journed to a closed session for dis- cussion of the status of the Horan Case, personnel matters and possible acquisition of properties along Pal - os Verdes Drive South for reloca- tion. RECONVENE AND ADJOURNMENT At 1:00 A.M. the Council and the Re- development Agency reconvened and adjourned on motion of Councilman McTaggart . May r ATTEST: 707CP /MIN3.1 -8 -8- March 17, 1987