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CC MINS 19860506M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MAY 6, 1986 The meeting was called to order at 7:30 P.M. by Mayor Hinchliffe at the Fred Hesse Community Park Center, 29301 Hawthorne Boulevard. Following the pledge of allegiance to the Flag, roll call was answered as follows: PRESENT: HUGHES, RYAN , BACHARACH , McTAGGART , & MAYOR HINCHLIFFE ABSENT: NONE Also present were City Manager Donald F. Guluzzy, City Attorney Steve Dor- sey, Acting Director of Environmental Services Ann Negendank, City Clerk Jo Purcell, Public Works Director George Wentz, and Community Services Direc- tor Tom Bandy. WAIVER OF FULL READING OF Councilwoman Bacharach moved, sec- ORDINANCES & RESOLUTIONS onded by Councilman McTaggar t and carried, to waive reading in full of all ordinances and resolutions adopted at this meeting with consent to 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 resolu- tion. APPROVAL OF AGENDA The City Clerk announced the follow - ing changes to the Agenda: Dele- tions: Parks and Recreation Commit - tee and Public Works Committee. Additions: RTD Board of Directors, Report on Sanitation District, Juvenile Diversion, and letter to the FPPC regarding Proposition 51. The agenda as amended was approved on motion of Councilwoman Bacharach, seconded by Councilman McTaggart and carried. CONSENT CALENDAR The Consent Calendar was approved as follows on motion of Councilwoman Bacharach, seconded by Councilman McTaggart. 705CP /MIN2.1 -8 -1- May 6, 1986 MINUTES Approved the minutes of April 15, 1986. LANDSCAPE AND OPEN SPACE (1) ADOPTED RESOLUTION N0. 86 -22 OF DISTRICTS (901) THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VE RDE S ORDERING THE PREPARATION OF THE ENGINEER'S REPORT IN CONNECTION WITH LANDSCAPING MAIN- TENANCE DISTRICT N0. 1* (2) ADOPTED RESOLUTION NO. 86 -23 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1986 -87 FOR LANDSCAPING MAINTENANCE DISTRICT NO. Is (3) ADOPTED : RESOLUTION NO. 86 -24 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDERING THE PREPARATION OF THE ENGINEER'S REPORT IN CONNECTION WITH LANDSCAPING MAINTENANCE DISTRICT NO. 2. (4) ADOPTED RESOLUTION NO. 86 -25 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1986 -87 FOR LANDSCAPING MAINTENANCE DISTRICT NO, 2, TRACT N0. 40640 - EXCHANGE OF SECURITIES (1411) APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM ( 303) LEGISLATION ( 306 ) HUMANE SOCIETY SERVICE CONTRACT FOR 1986 -87 (104) SHOREVIEW DRIVE RECONSTRUCTION (1404 ) Received Faithful Performance Bonds and Labor and Materials Bonds as replacements for Letters of Credit Nos. 2949 and 2950 . Released the Letters of Credit to the developer. Rejected the Application for Leave to Present a Late Claim and directed the City Clerk to notify the claim- ant. Claimant E.K. Zuckerman (Jeffrey Ziegler) Adopted the League of California Cities' position on proposed legis- lation and authorized the staff to inform our representatives of the City's position. SUPPORTED: AB3554, SB1921 . OPPOSED: ACA42 , AB4367 , AB3174. SUPPORTED: PROPOSITIONS 43, 46 , 47 AND 490 Authorized the Mayor and City Clerk to sign the agreement with the Hu- mane Society for services during 1986 -87 in the amount of $78,843. Approved award of the Shoreview Drive Reconstruction project to Excel Paving Company, 705CP /MIN 2.1 -8 -2- 1 1 May 6, 1986 APPLICATION FOR LACTC SUBREGIONAL PARATRANSIT PROGRAM FUNDING (1505) COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (601) TRACT N0. 33093 - RELEASE OF FAITHFUL PERFORMANCE BOND (1411) RESOLUTION NO. 86 -26 - REGISTER OF DEMANDS Approved the application to the Los Angeles County Transportation Com- mission for Subregional Paratransit Incentive Program funding. Authorized the City Manager to sign the Community Development Block Grant Program Reimbursable Contract Amendment No. 1. Accepted the common area landscaping for Tract No. 33093 and authorized the release of the Faithful Perfor- mance Bond, ADOPTED RESOLUTION NO. 86 -26 ALLOW- 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: HUGHES, RYAN, McTAGGART, BACHARACH AND MAYOR HINCHLIFFE NOES: NONE ABSENT: .NONE ABSTAIN: BACHARACH ( ON THE APRIL 15, 1986 MINUTES) PUBLIC HEARING: ORDINANCE NO. 20,6U - EXTENSION Mayor Hinchlif f e opened the public OF MORATORIUM ON MINI - MARKETS hearing on this extension of Ordi- (1801) nance No. 205U to place a moratorium on the -establishment of new uses for the sale of food and sundry items under certain circumstances. The City Clerk reported that notice of the public hearing had been _pub- lished with no written protest having been filed with the City. Associate Planner Alice Angus presented the May 6th staff report and recom- mended that Council adopt the proposed ordinance extending the moratorium on - mini - markets. Additionally, she explained the timeline on implementing a Code amendment for this prohibition. 705CP /MIN2.1 -8 -3- May 6, 1986 There being no response to the Mayor's call for public testimony, he closed the public hearing. Councilwoman Bacharach moved, seconded by Councilman McTaggart, to waive further reading and ADOPT ORDINANCE NO. 206U OF THE CITY OF RANCHO PALOS VERDES EXTENDING ORDINANCE N0, 205U AND DECLARING THE URGENCY THEREOF. The motion carried on the following roll call vote: AYES: HUGHES, RYAN, McTAGGART , BACHARACH , AND MAYOR HINCHLIFFE NOES: NONE TRACT 44239 ( GOLDEN COVE) Mayor Hinch 1 i f f e opened the public (701) hearing on this proposed residential condominium project adjacent to the Golden Cove Shopping Center. The City Clerk announced that notice of the public hearing had been published and no written protests had been received by the City. Associate Planner Rubin presented the staff memorandum of May 6th and rec- ommended that Council open the public hearing, take testimony, discuss the project and continue the hearing to June 17, 1986. He then re- viewed the history of this project and cited the existing easement to Palos Verdes Drive West that resolves the issue of access to the project. Additionally, he enumerated the revisions to the EIR. Council then requested that the school access across Hawthorne Boulevard issue be included in the EIR; questioned whether a left turn could be made from Hawthorne into the project, and inquired about revisions that may be necessary should the affordable housing element be deleted from the pro- ject. Additional discussion then centered on the issue of median income and what would be an appropriate level for the City. The discussion then turned to the access problems of this project and whether the circulation of traffic had been adequately addressed in the EIR. Responding to the Mayor's call for public testimony was Howard Adler, 2081 Business Center Drive, Irvine, California, who described the access as being thirty -five ( 35 ) feet wide and meets the requirements of the Code. With regard to the grade adjacent to the Safeway Store, he said there was no practical way that access could be provided in that area. He expressed concern for the length of time this project has taken and described the efforts made by his company in meeting the City's housing element. Council then inquired if the access provided was adequate for emergency vehicles, and what was done by the applicant to address the drainage issue of the project. With the use of a map mounted for public viewing, Mr. Adler de- scribed the access provided, stating that his company had given up right to use an easement located on St. Paul Church's property except for emergency vehicles and that certain elements of -the driveway use will be addressed later in the design phase of the project. Discussion between the Council and the applicant then focused on the cost of construction and the land costs. 705 CP /MIN2.1 -8 -4- May 6, 1986 Representing St.- Paul's Lutheran Church was Joseph Picarelli, 30311 Via Borica. He questioned whether the access was supposed to carry 15% of the routine traffic off the development. It was his understanding that this access would carry only emergency vehicles. He then referred to the open culvert and questioned whether water from the project across Hawthorne Boulevard would also be running into that culvert. He also cited concern for lack of maintenance of this drainage culvert. Julia Kazarian, 30515 Via La Cresta, stated her concerns about the traffic on Hawthorne Boulevard and access to the homes on Via La Cresta. In response to Council's inquiry about the traffic level on Hawthorne, staff responded that the issue of traffic along Hawthorne Boulevard had been studied and it was determined that this project would have no signifi- cant negative impact on the traffic flow. Hawthorne Boulevard was consid- ered to be a major arterial road and could handle additional traffic. Councilwoman Bacharach moved, seconded by Councilman McTaggart and carried to continue the public hearing on this matter to June 17th. Council then briefly summarized the changes to the conditions for approval of this tract: resolution of the fifteen foot (15') access problem; inclu- sion of telephone in the under.grounding of the utilities; that drainage structures be put in place before a substantial amount of hard surface had been installed; that attention be given to the increased water flow and velocity in the bluff area; installation of cable for television at the developer's expense and connected with the nearest trunk line also at the developer's expense, clarification of the hauling of exported dirt; and, investigation of some means of treating the ramp at Safeway. RECESS CEREMONIAL .MATTER At 8:57 P.M. recess, At reconvened. the Mayor declared a 9:09 P.M. the meeting STATE OF CALIFORNIA - CHECK Bob McCaman of Assemblyman Gerald FOR TWO MILLION DOLLARS Felando's Office presented the City Council with a representati -on of the two million dollar check for the Re- development Agency. Mayor Hinch- liffe then presented mementos to the subcommittee of McTaggart and Hughes, Charles Abbott and City Manager Gulu zzy for their efforts in getting this grant. AUDIENCE QUESTIONS Responding to the Mayor's call for -audience questions for items- not on the agenda was William Silverthorne who presented a petition to the Council requesting that considera- 705CP /MIN2.1 -8 -5- May 6 ,- 1986 tion be given to lowering the speed limit on Silver Arrow. It was the con- sensus that this item be referred to the Traffic Committee. Also responding to the Mayor's call for audience questions were Mr. and Mrs. Roy Fulwider, 28219 Hazelridge, who expressed concern about the remov- al of trees on downslope lots and cited their concern for the stability of the soil in that area. It was their belief that removal of these trees would undermine the stability of that area. Norman Booth, 28353 Hazel- ridge, inquired about the type of tree that will be planted on his street. It was the consensus that staff would contact Mr. Booth about the type of tree to be planted in his area. A brief discussion then took place on whether or not trees should indeed be planted on downslope lots. It was the consensus that staff should look into this issue and come back with a recommendation for -the May 20th meet- ing. ARMAGA SPRINGS AND INDIAN VALLEY ROAD - RE DE S I GNA- TION AS LOCAL STREETS (1502) City Manager Guluzzy presented the May 6th staff memorandum which con- tained the Traffic Committee's rec- ommendation that Armaga Springs Road and Indian Valley Road.b a re- designated as local streets. He said that staff did not support this recommendation. Public Works Director George Wentz stated further background on this matter and described how these collector streets channel traffic to higher volume streets within the City. It was his belief that these streets were appro- priately classified as collector streets because they connect an internal street network to other major streets. He said these streets are used pri- marily to travel to various residential areas or to connect to other loca- tions or major streets. Representing the Traffic Committee was Chairman Leo Connelly who said that this item had been on the Committee's agenda twice and that it has the sup- port of the residents in the area. The Committee felt that it is reaso- nable and safe. Representing the Lomita Sheriff's Station was Captain Elmer Omohundro who questioned whether radar could be used to enforce speed limits on the street. A brief discussion ensued between staff and the Captain and it was determined that after the street has been reclassified that radar enforce- ment can be used on the street. Speaking in favor of redesignat'ing the streets were the following residents of the area: Mr. and Mrs. Dudley Gray, 28630 Quai lhi 11, Carol Hannemann , 29132 Indian Valley Road , Tony Adams, 6121 Armaga Springs Road, Helen Baznik, 28326 Lunada Ridge Road, and Greta Spells, 28904 Indian Valley Road. They cited the excess speed on these streets, the fact that a number of children live in the area, and the hilly terrain of the area. Councilman Ryan moved, seconded by Councilman Hughes and carried, that staff prepare the appropriate resolution for re- designation of these streets provided that they can substantiate the fact that radar enforcement can be used when the speed limit is lowered to 25 miles per hour. 705CP /MIN2.1 -8 -6- May 6, 1986 CITY COUNCIL REPORTS Peninsula Equestrian Committee (701) - Councilwoman Bacharach summarized the meeting of this committee and the fact that the Sierra - Club is- now working with them on a trails project to loop the Peninsula equestrian trails and pedestrian trails. The committee will be known as the Peninsula Trails Committee. With regard to the Martingale Trail, she moved, seconded by Councilman Hughes and carried, that staff be authorized to define the easement on the Martingale lot and report back to Council about that ease- ment with the intention of putting that lot up for _sale: Sunshine, 6 Limetree,.described how these trails will be looped together. RTD Board Election of Directors (306) - Councilman Ryan reported that at the next of the City Selection Committee an election will be held to elect the Board of Directors of the RTD. He then moved, seconded by Councilman McTaggart, to have Council's support for him running for the Board of Directors. The motion carried, with Councilwoman Bacharach abstaining. Sanitation District Mayor Hinchliffe reported that the District will be increasing the rates. He then referred to a tour of the District facili- ties that will take place in June and requested that if members want to attend this tour that they make reservations with the City Manager's secre- tary. Juvenile Diversion - Mayor Hinchliffe referred to a letter written by War- ren Schwarzman who is now Chairman of the Juvenile Diversion Project. Ju- venile Diversion will be requesting funding at a future Council meeting. Infrastructure and Capital Expenditure Advisory Committee - City Manager Guluzzy: reviewed his May 2nd -memorandum on recommendations to the Council about the .- formation and charter for this advisory committee. Council then proceeded to amend the committee's charter and make -up. It was the consen- sus that the City Clerk should advertise for vacancies on this committee. Council set May 21st and May 23nd at 6:00 P.M. to interview the candidates. It was determined that the appointments would be made on May 27th at 7:30 P.M. CITY MANAGER REPORTS Proposition 51 Letter (310) - Council briefly discussed the letter that had been prepared for the Fair Political Practices Commission regarding the Attorney General's participation in a commercial opposing Proposition 51. Councilman Hughes moved, seconded by Councilwoman Bacharach and carried that the letter be revised to question whether this commercial was done on State time and whether State facilities were used in its production. It was the general consensus that the letter be strengthened. Budget Workshop - It was agreed that a budget work session would be held on June 10th at 7:30 P.M. Business Poster - Community Services Director Tom Bandy presented the May 6th staff memorandum regarding a business promotion poster. A request had been received from Skyview Graphics requesting support for the creation 705CP /MIN2.1 -8 -7- May 6, 1986 of a business promotion poster featuring Peninsula businesses, events and interesting sights. It was the intention of Skyview Graphics to give the City 500 copies of this poster at no cost. The posters could be used as promotions, awards or for fund raising. The Peninsula Chamber of Commerce and the San Pedro Peninsula Chamber are now considering their support for the posters. Staff recommended support for this project by providing a letter to Skyview that could be sent to all businesses as part of their sales effort, A brief discussion followed on whether or not the City should get involved in such a commercial promotion project. Councilman Ryan moved, seconded by Councilwoman Bacharach and carried that the City could send a letter to Skyview Graphics indicating that they had seen the poster and wish them success with their project. RECESS TO CLOSED SESSION At 11:30 P.M. the Council recessed AND RECONVENE to a closed session on motion of Councilman McTaggart, The City At- torney announced that the Council would discuss the case of The People of Rancho Palos Verdes versus Leeper. At 11 55 P.M. the Council reconvened. Councilman Hughes moved, seconded by Councilman Ryan and carried to authorize the City Attorney to file an appeal in this case. ADJOURNMENT ATTEST: At 11:55 P.M. the meeting adjourned to May 7th at 6:00 P.M. for a per- sonnel session. The meeting ad- journed on motion of Councilman Mc- Taggart, 705CP /MIN2.1 -8 -8- May 6, 1986