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CC MINS 19870616M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JUNE 161 1987 The meeting was called to order at 7:30 P.M. by Mayor Melvin W. Hughes at Hesse Park Community Center, 29 301 Hawthorne Blvd. Af ter the Pledge of Allegiance to the flag, roll was as follows: PRESENT: RYAN, BACHARACH, McTAGGART, HINCHLIFFE , & MAYOR HUGHES ABSENT: NONE Also present were City Manager Dennis McDuffie, Finance Director Kevin Smith, City Attorney Steve Dorsey, Director of Environmental Services Robert Benard, Director of Public Works George Wentz and City Clerk Jo Purcell, WAIVER OF FULL READING OF Councilman Hinchliffe moved, ORDINANCES & RESOLUTIONS seconded by Councilman McTaggart 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 council members after reading of the title, unless specific request was made at that time for the reading of such ordinance or resolu- tion. APPROVAL OF AGENDA The City Clerk announced that two items had been added to the agenda: Juvenile Diversion (Hinchliffe) ; trunk traffic ( Bacharach) , and school development fees (Ryan). Councilman Hinchliffe, seconded by Councilwoman Bacharach to approve the agenda as amended. 708CP /MIN1 -1- June 16, 1987 CONSENT CALENDAR MINUTES AUDIT FOR FISCAL YEAR 1986 -87 ( 602 ) COPIER FOR CITY HALL (302) COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (601) RESOLUTION NO 87 -35 - APPROPRIATION LIMITATION ( 602 ) TRANSIT CONTRACTORS - MANAGEMENT OF PV TRANSIT (1505) PV TRANSIT AGREEMENTS WITH PALOS VERDES ESTATES, ROLLING HILLS ESTATES AND THE COUNTY OF LOS ANGELES (1505) After removal of the mosquito Abatement District Resolutions Councilwoman Bacharach moved, seconded by Councilman Ryan to approve the Consent Calendar as follows. Approved the Minutes of June 2, 1987* Awarded the contract as amended for the auditing of the city records (including the Redevelopment Agency) to McGladrey, Hendrickson & Pullen, Certified Public Accountants, at a cost not to exceed $13,500. Approved the lease /purchase a Xerox copier at a monthly rate of $682.07 plus service costs of approximately $300 per month. Authorized the City Manager to sign Amendment #3 to , the Community Development Block Grant Program Reimbursable Contract Amendment #3. ADOPTED RESOLUTION N0. 87 -35 ESTABLISHING THE 1987 -88 FISCAL YEAR APPROPRIATION LIMIT FOR THE CITY* Authorized the Mayor and City Clerk to sign an agreement with Transit Contractors to continue to operate and manage the Palos Verdes Transit System. Authorized the Mayor and City Clerk to sign an agreement with the cities of Palos Verdes Estates, Rolling Hills Estates and the County of Los Angeles to provide PV Transit ser- vices for Fiscal Year 1987 -88. 708CP /MIN1 -2- .Tune 16, 1987 DISADVANTAGED BUSINESS ENTERPRISE GOALS - FISCAL YEAR 1988 (601) TRACT N0. 44514 (WALLACE RANCH) AND 44239 (GOLDEN COVE) (1411 X 701) (1) Adopted the Fiscal 1988 goals of 10% Disadvantaged Business Enterprise (DBE) and participation in federally funded projects. (2) Directed the City Clerk to advertise these goals for comment and post them at City Hall for a period of 30 days . Authorized the staff to issue a grading permit for Tracts 44514 and 44239 prior to recordation of the final map contingent on all tract conditions and requirements being met. LEGISLATION (306) Opposed AB937 (Condit) regarding alcoholic beverages. Opposed SB1506 (Marks) regarding representation on local agency formation commissions and authorized the staff to notify representatives of this position. PARK MAINTENANCE CONTRACT - BENNETT ENTERPRISES (1201) MEDIAN MAINTENANCE CONTRACT (1405 ) PV TRANSIT - SUMMER FARES (1505) RESOLUTION N0. 87 -36 - REGISTER OF DEMANDS Renewed the present Parks Maintenance contract with Bennett Enterprises at a cost not to exceed $120,000 per year. Renewed the present Median Maintenance contract with Bennett Enterprises at a cost not to exceed $45,200 per year. Approved the implementation of a summer fare effective July 1, 19871 through September 13, 1987, and resumption of peak hour fares on September 1987. Service to Torrance Beach to be provided seven days a week. ADOPTED RESOLUTION N0, 87 -36 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE 708CP /MIN1 -3- .Tune 16, 1987 SAME ARE TO BE PAID, The motion to approve the Consent Calendar carried on the following roll call vote: AYES: BACHARACH, HINCHLIFFE , McTAGGART, RYAN AND MAYOR HUGHES, NOES: NONE PUBLIC HEARINGS RESOLUTION N0. 87 -37 - Mayor Hughes declared the public FEDERAL REVENUE SHARING hearing open on this proposed use of (601) remaining revenue sharing funds for Fiscal Year beginning July 1, 1987. The City Clerk reported that notice had been duly published and no written protests were received by the city. City Manager McDuffie presented the staff memorandum and recommended adoption of the proposed resolution establishing the capital budget for federal revenue sharing funds for Fiscal Year 1987 -88. The total proposed budget for Fiscal Year was approximately $153,646 which is proposed to be used on improvements at the Civic Center site. There being no response to the Mayor's call for public testimony Councilwoman Bacharach moved, seconded by Councilman Hinchliffe and carried to close the public hearing. RESOLUTION NO, 87 -37 OF THE CITY OF RANCHO PALOS VERDES PROPOSING USE OF REMAINING FEDERAL REVENUE SHARING FUNDS FOR FISCAL YEAR 1987 -88 was pre- sented by title and adopted on motion of Councilman McTaggart, seconded by Councilman Hinchliffe and carried on the following role call vote: AYES: RYAN, BACHARACH, McTAGGART, HINCHLIFFE AND MAYOR HUGHES. NOES: NONE RESOLUTION NO. 87 -38 - Mayor Hughes declared the public OPERATING AND CAPITAL IMPROVEMENT hearing open and the City Clerk BUDGET FOR 1987 -88 reported that this matter had been ( 602) duly published with no written pro- test received by the city. City Manager McDuffie presented the staff recommendation that the Council adopt the proposed budget establishing the operating and capital budget for the general fund, gas tax fund, transit and capital improvement program for Fiscal Year 1987 -88. There being no response to the Mayor's call for public testimony, Councilman McTaggart moved, seconded by Councilman Hinchliffe to declare the public hearing closed. RESOLUTION NO. 87 -38 THE CITY OF RANCHO PALOS 708CP /MIN1 -4- June 16, 1987 VERDES APPROVING A BUDGET APPROPRIATION AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 1987 -88 was presented by title and adopted on motion of Councilman McTaggart, seconded by Councilman Hinchliffe. The motion carried on the following roll call vote: AYES: RYAN, BACHARACH, McTAGGART , HINCHLIFFE AND MAYOR HUGHES NOES: NONE Council requested that a press release be issued on the adoption of the budget. TRACT N0. 44514 - NEGATIVE Mayor Hughes declared this hearing DECLARATION FOR ENVIRONMENTAL open and the City Clerk reported ASSESSMENT N0. 524 (1411) that notice had been duly published with no written protest received by the city. City Manager McDuffie presented the staff recommendation to adopt the proposed resolution approving the Draft Negative Declaration For Environmental Assessment No. 5242 amending Condition Nos. 38 and 39 of Resolution No. 87 -10. Responding to the Mayor's call for public testimony was John Vanderlip, 99 Vanderlip Lane, who agreed with the idea of rebuilding the replica and gave a little background on the deed restrictions for this house which was ori- ginally built in 1947. Also speaking in favor of this project was Ron Florance, 1025 Via Mirabel. Responding to Council's inquiry about the movement of the fireplace, Mr. Florance said that if it was practical to move it then he would have it moved. A brief discussion ensued on the operation of the museum by the foundation and the mechanism by which they would enter into an operation contract with the City. Councilman McTaggart moved, seconded by Councilman Ryan to request that the applicant move the fireplace if possible. Another brief discussion ensued regarding the structure of the fireplace and the practicality and possibility of moving it. The motion carried on a 3 -2 vote with Members Hinchliffe and Bacharach voting in opposition. There being no response to the Mayor's call for additional public testimony he moved, seconded by Councilman McTaggart and carried, that the public hearing be closed. RESOLUTION N0. 87 -40 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING THE DRAFT NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. 524 AND AN AMENDMENT TO RESOLUTION N0, 87 -10 FOR TENTATIVE TRACT MAP NO. 44514 was presented by title and adopted on motion of Councilman McTaggart, seconded by Councilman Hinchliffe and carried, APPEAL OF CONDITIONAL USE PERMIT N0, 112 AND GRADING PERMIT N0. 955 (1804) Mayor Hughes declared the hearing open on this matter and the City Clerk reported that no written pro- 708CP /MIN1 -5- June 16 1987 tests were received by the city. City Manager McDuffie presented the staff recommendation to adopt the proposed resolutions dismissing this appeal of the Planning Commission's approval to allow the construction of a Vaur�squar a foot remote switching unit on property zoned RS3 located at 3945ADrive. This appeal was brought by Kenneth Heikes, owner and resident of the adjacent property. Council then commented and inquired about the operation and maintenance of this switching station, particularly with regard to the operation of the air conditioning, the amount of lighting that would be at the location, the claim that the swale adjacent to the property had been historically used as a bike path, and they requested clarification on the size of the structure. Additional concern was expressed about the setback on the property, whether the Planning Commission had addressed the issue of a carport at this loca- tion, and whether the amount of noise emanating from the unit was accep- table. Additional inquiries were made about the number of personnel that would be required to maintain and inspect the unit, the frequency of their visits, and whether the facility had any restrooms. The appellant in this matter, Ken Heikes, 32210 Helm Place, expressed his concern about placing such a unit in the neighborhood and the fact that it would increase the noise level and would have excessive lighting. Further, he demonstrated the effects of increasing the noise level in the neigh- borhood. Also speaking in opposition to this project was Lyle Quatrochi who read a prepared letter from the Seaview Residents Association. (This letter is on file with the City Clerk's office). Also speaking in opposi- tion to this was Roberta Lopez, 32200 Valor Place, Jan Simon, 4272 Stalwart Drive, and Ken Pester, 4021 Dauntless Drive. All of these residents were concerned about the appearance of the project, and questioned the appropriateness of it for a residential area. In response to an inquiry about the property being let for bid, it was determined that the property was listed with a real estate agency and that the real estate agency . apparently had a list of potential buyers. Speaking in support of the project was General Telephone representatives Kevin Peterson, South Bay District Manager; George Crane, the architect for the project, 2500 Wilshire Blvd., Los Angeles; Dan Fuller, 1 GTE Place, Thousand Oaks; and, Lorrie Eccles ton , 1 GTE Place, Thousand Oaks. These representatives explained that the telephone com- pany has need to increase its capacity in Rancho Palos Verdes, that they have had to move their present facility out of the Portuguese Bend landslide area, and that this unit will benefit 3,000 customers in the City. They explained that this is an unmanned switching unit and that they have 28 similar units in residential areas in Southern California. These units are designed so that they blend in with the surrounding neigh- borhood. The maintenance on the facility will consist of testing the generator twice monthly and weekly landscaping maintainence visits. With regard to the air conditioning units, it was explained that these are self - contained units. It was explained that the facility had an alarm service that was regulated from a remote location. There being no further response to the Mayor's call for public testimony, Councilwoman Bacharach moved, seconded by Councilman Hinchliffe and carried 708CP /MIN1 -6- June 16, 1987 to close the public hearing. The proposed resolution was read by title and Councilman Hinchliffe moved, seconded by Councilwoman Bacharach to uphold the Planning Commission's decision. Discussion then centered on the issue of the usage of the swale as a bike path and how that could be discouraged through design of the proposed landscaping. Additional concern was expressed about the carport and whether it could be made to look more like a garage. Also, concern was expressed about the outside lighting and whether it could be reduced. With the permission of the second, Councilman Hinchliffe withdrew his motion to uphold the Planning Commission's decision. Councilwoman Bacharach moved, seconded by Councilman Ryan to reopen the public hearing. The motion carried. Councilwoman Bacharach then moved, seconded by Councilman Hinchliffe to continue this matter to July 21 for the limited purpose of receiving a new rendering of the unit which would reflect all of the concerns expressed by the Council. Motion carried unanimously. RECESS At 10:05 p.m., the Mayor declared a recess. At 10:22 p.m. was recon- vened. AUDIENCE QUESTIONS In response to the Mayor's call for audience questions was William Jackson, 7405 Via Lorado who expressed his concern about the blocking of his view by a new home which is being built on Via Lorado. Mr. Jackson was advised to contact the Director of Environmental Services so it could be investigated as to whether the home blocking his view was indeed built to specification. NUISANCE ABATEMENT AT 28320 and City Manager McDuffie presented the 28326 LOMO DRIVE (1701) staff recommendation to authorize staff to proceed with nuisance aba- tement at the location if the cause of the nuisance has not been elimi- nated by the property owner within the time specified. Specifically, the problem at these locations is leaning pilasters adjacent to Hawthorne Blvd. along the rear property line and they are in imminent danger of collapse constituting a hazard to health and safety. It has been determined that the most efficient way of eliminating this nuisance is to repair, replace or right these leaning pilasters. The property owners have been notified of the existence of this nuisance and of the City's intent to abate in the manner prescribed by the Municipal Code. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe and carried to adopt the staff recommendation. DEVELOPMENT CODE AMENDMENT NO. 24 - SATELLITE ANTENNA DISHES (1801) City Manager McDuffie presented the June 16th staff memorandum and the recommendation to: 1) initiate Code Development No. 24 to a) further study the recent Federal Communication Commission's ruling and its effect on existing earth station regulations and propose amendments to the 708CP /MIN1 -7- June 16, 1987 Development Code as necessary; b) Combine Chapter 17.41 and Sections of Chapter 17.04.050 into one chapter for all antenna structures in order to simplify and centralize the Development Code. The purpose of this study would be to determine the effect of the FCC ruling on existing City regula- tions as well as prepare any changes to the code that are necessary in light of this ruling. Robert Eaton, 26132 Barkstone distributed information regarding satellite dish antennas and his evaluation of the opinion offered by the city attor- ney. Councilwoman Bacharach moved, seconded by Councilman McTaggart to adopt the staff recommendation. The motion carried. NUISANCE ABATEMENT AT 28018 SAN City Manager McDuffie presented the NICOLAS DRIVE (1701) June 16th staff memorandum and the recommendation to authorize staff to proceed with nuisance abatement at 28018 San Nicolas Drive if the cause of the nuisance (obstructed fence) has not been eliminated by the property owner within the time specified. Specifically, the block drainage channel runs laterally across an extreme slope and is completely obstructed with soil and vegetation. The drain, up channel and down channel from the home at this location remains relatively undisturbed other than ice plant overgrowth. The property owner has been notified of the existence of this nuisance in the manner prescribed by the Municipal Code. Michael Ungar, attorney for the property owner, Mr. Deckert, told the Council that his client has made an effort to clean up some of the blockage of the swale. Referring to the condition of the swale on other properties, he questioned whether the condition at the Deckert's location was indeed worse than others. He also questioned the process of this abatement program and whether other neighbors had been notified of their nuisance. Additionally, he questioned the wisdom in removing some of the plants since he felt it might worsen the flow problem and increase water absorption. He requested that an effort be made to get the neighbors together to promote some kind of a collective plan for cleaning up the swale. Speaking in favor of the nuisance abatement was Glenda Urmacher, , owner of property at. 28093 Ella which is directly above the Deckert property. She described how over the years this land has become altered and requested that Council pursue this abatement. Further discussion between Council and staff revealed that aerial photos had been taken of this swale in 1976 and its condition appears to have deteriorated. Councilman Hinchliffe, seconded by Councilman McTaggart to adopt the staff recommendation. Motion carried unanimously. CITY COUNCIL REPORTS Report on proposed Coast Guard housing at Pt. Vicente - Mayor Hughes reported on the committee (Hughes and Ryan) meeting with Coast Guard repre- 708CP /MIN1 -8- June 16 , 1987 sentatives to discuss the proposal to build housing for noncommissioned Coast Guard personnel at the Pt. Vicente site. The process is anticipated to be lengthy. The Coast Guard anticipates approximately 24 families with about 50 children. Personnel will be stationed there on a four year rota- tion basis. They have indicated that at this time they are trying to ascertain the local requirements for such building and that it is their intent to develop the site in compliance with the codes of Rancho Palos Verdes wherever practical. The Coast Guard has indicated a willingness to participate in the public process necessary for developing this site. At this time the plans are at a very general stage and it appears that actual construction is as long as five years away. The Coast Guard will be making their presentation to the Coastal Commission for a consistency deter- mination. Public Utility Commission /Undergrounding Tax- Councilman Ryan summarized the discussion which took place at League meeting where the issue of the gross -up on undergrounding facilities was discussed. The League of California Cities has retained an attorney to present this issue to the Treasury Department and Congressional staff. The League may be requesting a $250 contribution from the city to pay for the legal fees, It was the consensus that the staff should contact Congressmen Anderson and Lungren's offices so they can make a tour of the areas where under - grounding is proposed. Juvenile Diversion - Councilman Hinchliffe reported on his June 15th meeting at the Juvenile Diversion and said he felt the city is benefiting from its contribution to the Diversion Program, particularly since the Toma program which was presented at the high schools. He recommended that some recognition be given to the people involved in that Toma program. Further, he said that the parents of juveniles using the Diversion Program are also picking up a reasonable share of the fees involved. Truck Traffic (1502) - Councilwoman Bacharach explained that the city of Rolling Hills Estates has introduced an ordinance prohibiting truck traffic from using Crenshaw between Silver Spur and Palos Verdes Drive North. All of the truck traffic would therefore be diverted to Hawthorne Blvd. She then moved, seconded by Councilman Ryan and carried to reopen the agenda to consider this traffic issue. Councilwoman Bacharach moved, seconded by Councilman Ryan and carried to send a letter to the City of Rolling Hills Estates, requesting that they delay adoption of this ordinance and discuss this matter with the city and also direct the staff to look into the grades on Crenshaw and Hawthorne and the possibility of escape lanes on Crenshaw; additonally, that, RHE consider their actions in light of CEQA guidelines* School Development Fees - Alluding to the necessity of collecting develop- ment fees for school districts because of recent legislation, Councilman Ryan inquired as to the implementation of this collection. There followed a brief discussion of the terms under which these fees are collected and whether these fees are collected for a school district with a 708CP /MIN1 -9- June 16, 1987 declining enrollment. It was the consensus that the City would collect these fees according to the city attorney's opinion letter which is that they are collected only on nondiscretionary projects.. CITY MANAGER REPORTS Public Works Contract with Charles Abbott Associates (1204) - City Manager McDuffie presented the memorandum of June 16th and recommended that the Mayor and City Clerk be authorized to sign a contract with Charles Abbott Associates (CAA) for 1987 -88 for an amount not to exceed $895,000. Jean Longacre, 6 Martingale Drive, related her feelings about the handling of the Martingale Trail and the issue of the city boundary. Sunshine, 6 Limetree, requested correction of run off from a pipe in Del Cerro park on to a horse trail. Councilman McTaggart moved, seconded by Councilman Hinchliffe, to approve the staff recommendation. The motion carried on the following roll call: AYES: RYAN, BACHARACH , McTAGGART , HINCHLIFFE , & MAYOR HUGHES NOES: NONE Building & Safety Contract Renewal (201 X 1204) - The City Manager pre- sented the June 16th memorandum and the recommendation to authorize the Mayor and City Clerk to sign a contract with Charles Abbott Associates to provide building and safety and engineering services for Fiscal Year 1987 -88 based on the terms of the proposed agreement. Councilman Hinchliffe moved, seconded by Councilwoman Bacharach to adopt the staff recommendation. The motion carried on the following roll call: AYES: RYAN, BACHARACH, McTAGGART , HINCHLIFFE , & MAYOR HUGHES NOES: NONE ITEMS REMOVED FROM THE CONSENT CALENDAR RESOLUTION NO. 87 -40 & 87 -41 - After clarification of the effects MOSQUITO ABATEMENT DISTRICT of annexing to this district and the (801) funding process, Councilman Hinchliffe moved, seconded by Councilwoman Bacharach to adopt RESOLUTION 87 -40 MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR A CHANGE OF ORGANIZATION PURSUANT TO THE KNOX LOCAL GOVERNMENT REORGANIZATION ACT ( RANCHO PALOS VERDES ANNEXATION TO LOS ANGELES WEST MOSQUITO ABATEMENT DISTRICT) . Councilwoman Bacharach moved, 708CP /MIN1 -10- June 16, 1987 seconded by Councilman Hinchliffe to adopt RESOLUTION NO. 87 -41 - A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES , AND THE LOS ANGELES COUNTY WEST MOSQUITO ABATEMENT DISTRICT APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM THE ANNEXATION OF THE CITY OF RANCHO PALOS VE RDES TO LOS ANGELES COUNTY WEST MOSQUITO ABATEMENT DISTRICT. The motion carried on the following roll call vote: AYES: BACHARACH, McTAGGART, HINCHLIFFE AND MAYOR HUGHES NOES: RYAN ABSTAINED: NONE RECESS TO CLOSE SESSION AND At 12:20 A.M. the meeting recessed RECONVENE to a closed session on motion of Councilman McTaggart. Said session held to discuss the Horan vs. the County of Los Angeles, et al , the United States vs, the City of Rancho Palos Verdes, and discussion of criminal complaints against Elin Vanderlip and Edwin Roth. Also, to discuss the United States Supreme Court decision on inverse condemnation for zoning ordinances. At 12:30 A.M. the meeting reconvened with no action taken. ayor ATTEST: 708CP /MIN1 -11- June lb, 1987