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CC MINS 19870421M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL 21, 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: BACHARACH, HINCHLIFFE , McTAGGART , RYAN, & MAYOR HUGHES Also present were City Manager Dennis W. McDuffie, 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, CEREMONIAL MATTER Mayor Hughes presented a ceremonial proclamation to Educational Exchange students from St. Laurence School, Bradford -On -Avon, England for their enthusiasm, commitment and leader- ship as members of the student ex- change program. 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 ing and was man man City Clerk announced the follow - additions: parking on Scotwood Cable TV. The agenda as amended approved on motion of Councilwo- Bacharach, seconded by Council - Hinchliffe and carried. 707CP /MIN10.1 CONSENT CALENDAR TELEPHONE SYSTEM RESOLUTION N0. 87 -18 - HIGHRIDGE ROAD ANNEXATION (105 X ) CABLE TV (605 ) RECONSTRUCTION PROJECT C.U.P. N0, 103 QUITCLAIM DEED - LA VISTA VERDE IMPROVEMENT DISTRICT (901 X 450) LEGISLATION ( 306 ) RESOLUTION NO. 87 -19 - PURCHASE OF SCHOOL DISTRICT BUILDING (1201) RESOLUTION N0. 87 -20 The City Clerk announced that the Consent Calendar was approved as follows on motion of Councilwoman Bacharach, seconded by Councilman Hinchlif fe . Approved the lease /purchase of an AT &T System 25 Telephone System for City Hall at a cost not to exceed $4018210 ADOPTED RESOLUTION N0. 87 -18 A JOINT RESOLUTION APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM THE "HIGHRIDGE ROAD ANNEXATION", Authorized the expenditure of $50 to allow for membership in the Founda- tion in the Community Service Cable Television Tape Exchange. Accepted as complete the work on the Hazelridge partial reconstruction project. Approved the requirement for the developer to pay $55,000 plus $42,000 in bonds as part of the con- ditions for C.U.P. No. 103, Approved Quitclaim Deed to Mr. Sorkin. Supported AB1586, AB2371. Opposed SB1407 , AB2190 and authorized staff to notify our representatives of our position. ADOPTED RESOLUTION NO. 87 -19 AUTHOR- IZING PURCHASE OF THE SCHOOL DIS- TRICT BUILDING FOR A PURCHASE PRICE OF $5001000, ADOPTED RESOLUTION N0, 87 -20 APPROV- ING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME CAN BE PAID, 707CP /MIN10.1 -6 -2- April 21, 1987 The motion to approve the Consent Calendar carried on the following roll call vote: AYES: BACHARACH, HINCHL- IFFE , McTAGGART , AND RYAN NOES: NONE ABSENT: HUGHES PALOS VERDES TRANSIT - BUS City Manager McDuffie presented the STOP IMPROVEMENT PLAN April 21, 1987 staff memorandum and (1505) the recommendation as follows: (1) Send the agreement to the sub- committee for review and recommenda- tion to the City Council; (2) Ap- prove 21 proposed locations for bus benches; (3) Approve 20 proposed locations for bus loading site improvements; and (4) Approve accepting and refurbishing 21 trash receptacles. Councilman Hinchliffe moved, seconded by Councilwoman Bacharach to approve the staff recommendation. The motion carried. RESOLUTION N0. 87 -21 - HEIGHT VARIATION N0. 470 (1801) City Manager McDuffie presented the corrected Exhibit "A" containing conditions of approval for this height variation. Council then discussed the palm tree that currently exists on the appli- cant's property and a discussion ensued on whether the tree should be removed now or at a later date. Councilwoman Bacharach moved, seconded by Councilman McTaggart to reconsid- er the conditions of approval for this height variation. The motion carri- ed. She then moved, seconded by Mayor Hughes to modify Condition No. 3 as follows: "The applicant shall be required to record a deed. . than the existing 14' 0" ridgeline." Councilman Ryan moved, seconded by Councilman McTaggart to amend that motion by exempting the existing palm tree at this time but retaining the right to remove it after completion of the Seaview study. Council then resumed discussion of the removal of the palm trees and if it should be removed dependent upon the suggested study. Also dis- cussed was the percentage of view lost by the palm tree and the fact that it screens the utility pole from only one home. The proposed amendment failed. Additional discussion followed on whether the conditions should be deed restricted because concern was expressed that additional construction could be done on the house, particularly on the roof. The main motion to adopt the Exhibit "A" as modified was carried on a 4 -1 vote with Councilman Hinchliffe voting in opposition. RESOLUTION NO. 87 -21 APPROVING THE APPEAL OF HE IGHT VARIATION NO* 470 APPEAL THEREBY APPROVING THE PROJECT AT 3936 ADMIRABLE DRIVE was read by TITLE and ADOPTED on motion of Councilwoman Bacharach, seconded by Mayor Hughes. The motion carried with Councilman Hinchliffe voting no. 707CP /MIN10.1 -6 -3- April 21, 1987 GRADING PERMIT N0. 954 - APPEAL City Manager McDuffie presented the (1801) April 21, 1987 staff memorandum and the recommendation to dismiss the appeal thereby upholding the Plan- ning Commission's approval of the grading permit subject to. the condi- tions of approval in the Planning Commission Resolution No. 86 -39. Coun -cil then questioned whether the lumber used for the retaining walls on this slope would normally be used for structural purposes. Speaking in opposition to this appeal were Mesdames Budde and Wonder, both of whom live across the canyon from this project. They described the building that has been taking place on the applicant's property and were concerned about the structure that he has started excavation for. Addi- tionally, they mentioned that they had been harassed by the applicant. Councilman Hinchliffe moved, seconded by Councilman Ryan, and carried to adopt the staff recommendat ion . Council expressed concern about what would happen with the slope and how this will be reviewed by the Public Works Department to assure that the slope is protected. Concern was also ex- pressed about the drainage on this slope and if this is an issue that has to be addressed. It was the consensus that the nine months allowed for restoring this slope be considered to start with the adoption of the Plan- ning Commission's resolution on December 9, 1986. The applicant in this matter, Mr. Delossa then arrived and read from a pre- pared statement describing what he has been doing at this location for the past nine years. Council explained to Mr. Delossa that the issue being dealt with at this hearing was the remedying of the conditions that exist on his property. The motion to deny the appeal carried unanimously. Staff was reminded to outline the course of act ion that Mr. Delossa will have to follow to resolve this matter and to guarantee resolution in a timely manner. VIEW OVERLAY DISTRICT Councilman Ryan presented the sub- committee's (Ryan /McTaggart) recom- mendations on a study to de f ine an overlay area with streamlined height variance and view protection fea- tures. He recommended that members of the Planning Commission be included in the study. It was the consensus of Council that Councilmembers McTag- gart and Ryan work on this proposal, look into specific issues of such a district and make their recommendations to the City Council. Speaking on this issue was Dr. Anthony George, 4104 Exultant Drive, who urged the Council to protect the views by adopting proper policy. 707CP /MIN10.1 -6 -4- April 21, 1987 COUNCIL COMMITTEE REPORTS: Appraisal of School Sites - Councilman Hinchliffe summarized the meeting of the subcommittee (Hinchliffe /Ryan) with representatives Younggren and Dodell from the School District where the issue of the District's interest in trading surplus school sites for City -owned property was discussed. After a brief discussion of the sites involved for possible trade, the cost of obtaining appraisals, and if the City should get an appraiser or use the one presently contracting with the School District, it was the consensus that the subcommittee should meet again with the district representatives to get more information on the appraisals being done by the School Dis- trict, Peninsula Transportation Authority - Councilwoman Bacharach reported on the last meeting of the Authority where they discussed publicizing the shared ride concept of the Dial -A -Ride program, the fact that they would try to find ways of getting more group trips, and emphasize the fact that Palos Verdes Transit has step stools. The Authority is also pursuing cooperative agreements in the form of contracting letters with the cities involved in the Agency; also planned is advertising the Transit Guide in the Recrea- tional Program Guide and changing the ticket structure to $1.50. General- ly, the Transit Authority is seeking to expand its role to include Palos Verdes Transit and the Dial -A -Ride Program. Additionally, the Transit Authority voted to be constituted as an authority and to go to the City Council's with their budget once a year and request the authority to con- duct the Dial -A -Ride Program without further approval. Staff was requested to prepare a report recommending such changes. Home To School Transportation Services - Councilwoman Bacharach reported on her effort to create a committee to oversee possible home to school trans- portation services for the school year. Parking on Scotwood - Councilman Ryan reported on the overflow parking on Scotwood resulting from residents of the condominiums on Highridge in the City of Rolling Hills Estates parking their cars on Scotwood. This item was referred to the Traffic Committee for a recommendation on whether or not no overnight parking could be implemented in that area. Cable TV - Referring to a recent Supreme Court decision on Cable TV and the fact that they use public utility easements for their lines, Councilman Ryan inquired of the City Attorney how this affects the control that the City has over the Cable TV company. The City Attorney said that there is a case now pending in the State Court on this matter and as soon as a decision is handed down, he will report to the City Council. AUDIENCE QUESTIONS: Responding to the Mayor's call for public testimony was Roy W. Fulwider, 28219 Hazelridge Road, who requested that the Council reconsider their position on the Blue Butterfly matter, requested that some clean -up be done 707CP /MIN10.1 -6 -5- April 21, 1987 on Hazelridge Road as the result of construction in that area, and also re- quested the removal of dead ivy which apparently resulted from the use of some weed control spray. The issue of the clean -up and the removal of the dead ivy were referred to the Public Works Department. Also responding to the Mayor's call for audience questions was Martin Melnick, 30845 Via La Cresta, who inquired about the date of the utility tax elections. Mr. Melnick was advised that such an election will be held prior to the 1988 deadline and Council also explained to him the use of the $350,000 in the General Fund was to cover the budget deficit. CITY MANAGER REPORTS: LEGISLATION - SB407 City Manger McDuffie reported that the Finance Officer, Councilman Ryan and he would be going to Sacramento to lobby for passage of this low or no property tax bill. Council discussed some of the futures of this bill and whether it would be advisable to put some kind of a cap on the amount of property tax returned, RECESS TO CLOSED SESSION AND RECONVENE ATTEST: The City Attorney announced that the City Council would be recessing to a closed session to discuss an update on the status of the Horan case, and also to discuss the status of the Blue Butterfly litigation. The meeting reconvened at 11:45 P.M. and adjourned to Monday, May 4, 1987 at 7:30 P.M. for a budget workshop. 707CP /MIN10.1 -6 -6- April 21, 1987