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CC MINS 19861105M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 5, 1986 The meeting was called to order at 7:30 P.M. by Mayor Hinchliffe at the Hesse Park Community Center, 29301 Hawthorne Boulevard. After the Pledge of Allegiance to the Flag, roll call was answered as follows: PRESENT: HUGHES, RYAN, BACHARACH , McTAGGART AND MAYOR HINCHLIFFE ABSENT. NONE Also present were City Manager Dennis W. McDuffie, City Attorney Steve Dorsey, Director of Environmental Services Robert Benard, City Clerk Jo Purcell, Community Services Director Tom Bandy, and Public Works Director George Wentz. CEREMONIAL EVENT Mayor Hinchli f f e introduced Peggy (304) Navarra, Chairwoman for the City's Neighborhood Watch Committee and Teri Werner the Neighborhood Watch Coordinator. WAIVER OF FULL READING OF Councilman Hughes moved, seconded by ORDINANCES & RESOLUTIONS Councilwoman Bacharach and carried, to waive reading in full of all or- dinances and resolution 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 CONSENT CALENDAR 700CP /MIN2.1 The City Clerk announced the follow- ing additions: Cal State Dominguez Soccer /Cable TV; and tax election (Ryan). The City Clerk announced that the following items were deleted from the Consent Calendar: Cable TV Res - olution and Claim Against the City by Albert Schoenfield. The Consent Calendar was approved as follows on motion of Councilman Hughes, second- ed by Councilman Ryan. MINUTES RECONSTRUCTION OF CAYUSE LANE (1404) 1986 -87 SIDEWALK REPAIR PROJECT (1405) BOUNDARY SUMMARY (1203) FORRESTAL DRAIN RECONSTRUCTION ( 604 ) Approved the minutes of October 21, 1986. Awarded Century Paving the contract for minor reconstruction of Cayuse Lane for a total cost of $25,515. (1) Accepted the completed work. (2) Directed the City Clerk to file a Notice of Completion, notify the surety and exonerate the contract bonds and retention 30 days after said Notice is recorded if no claims are filed against the contractor during that period. Authorized expenditure of $1,500 to survey portions of the City's boun- dary. Rejected the bid from Ryco Construc- tion, Inc., and directed staff to rebid the project. FLAMBEAU ROAD /FINECREST DRIVE (1) Accepted the completed work on RECONSTRUCTION PROJECT the Flambeau Reconstruction Project (1404) and approved the final payment in the amount of $86,526 ($98,806 less liquidated damages of $2,400 and retention of $9,880). (2) Directed the City Clerk to file a Notice of Completion, notify the surety, and exo- nerate the contract bonds and retention 30 days after the said Notice has been recorded if no claims are filed against the contractor during that period. RESOLUTION NO. 86 -68 - LA. VISTA (1) ADOPTED RESOLUTION NO. 86 -68 DE- VERDE SEWER ASSESSMENT DISTRICT CLARING ITS INTENTION TO ORDER IM- ( 901) PROVEMENTS FOR PROPOSED RANCHO PALOS VE RDE S IMPROVEMENT DISTRICT NO. 8 PURSUANT TO THE MUNICIPAL ACT OF 1913. (2) ADOPTED RESOLUTION NO. 86 -68 APPROVING THE REPORT OF THE ENGINEER IN CONNECTION WITH RANCHO PALOS VE RDE S IMPROVEMENT DISTRICT NO. 8 APPOINTING A TIME AND PLACE FOR HEARING PROTESTS, (3) Approved and directed the City Clerk to file the Plan and specifications. (4) Directed the City Clerk to file the Notice of Exemp- tion; and (5) Directed the City Clerk to endorse the district map and file the map in the Office of the County Recorder. 700CP /MIN2.1 -10 -2- November 5 1 86 1985 -86 STREET PATCHING PROJECT (1404) COMPENSATION STUDY - PROPOSAL FOR CONSULTANT SERVICES (1202) RESOLUTION NO. 86 -70 - REGISTER OF DEMANDS (1) Accepted the completed work of the street patching project. (2) Directed the City Clerk to noti- fy the surety and to exonerate the contract bonds and retention 30 days after the Notice of completion is filed, if no claims are filed against the contractor during that period. Engaged the services of William Ham- ilton and Associates to conduct a comprehensive compensation study and salary survey for all full and part - time classifications in the City at a cost not to exceed $6,000. ADOPTED RESOLUTION N0. 86 -70 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: RYAN, HUGHES, BACHARACH , McTAGGART , AND MAYOR HINCHLIFFE NOES: NONE ABSENT: NONE SEACOVE IMPROVEMENT DISTRICT Mayor Hinchli f f e opened the public NO. 7 - RESOLUTION 86 -71 hearing on these proceedings. for the ORDERING IMPROVEMENTS undergrounding of utilities on Sea - MADE (901) cove Drive. The City Clerk reported that notice had been published and that a petition opposing the under- ground had been submitted just prior to the start of the public hearing. She then proceeded to read the names of those residents who had signed the petition. Speaking in opposition to the undergrounding were the following property owners of the area: Rudy Maus, 420 Mesa Road, Santa Monica; Jean Nerko, 6 Packet Road (not a property owner in the district); Marina Simes, 22 Sea - cove Drive; Donald Bebel, 8 Barkentine Road (not a property owner in the district); Lyn Dakin, 36 Seacove Drive; and, Bob Pelton, 2 Packet Road, who was requesting clarification of work to be done. Their concerns were re- garding the use of an easement on Packet and Barkentine Road, whether an Environmental Impact Report was required for the formation of this 700CP 'MIN .1 -10 district; the cost of this undergrounding to the property owners; whether the City has obligated itself in spending funds for this undergrounding; the adequacy of the notice of the hearing; how the utilities will be under - grounded on the south side of Palos Verdes Drive West; the trenching that will be done to accommodate undergrounding, and whether or not it would affect the stability of the land; and, because some residents have moved since the original petition was signed whether their signatures were valid. Responding to the concern about the trenching to be done Public Works Di- rector Wentz explained that it would be similar to that done for the un- dergrounding of water mains and sewer lines already installed in that area; furthermore, that this was a petition initiated by area residents. Apropos thereto the Mayor pointed out that the City was fulfilling its legal re- quirements in processing the petition and the steps being taken. Speaking in favor of the district were the following residents: Patricia Osterstock, 40 Seacove Drive; and Robert Haase, 20 Seacove Drive. These residents cited the enhancement of the area, the increased value of the property, and the fact that it would improve the aesthetics of the neigh- borhood, The City Attorney stated that it would be necessary to tally the percentage of the land in the proposed district and the area represented by the pro- testors. It was the consensus to have the Public Works Director report on this later in the meeting. Councilwoman Bacharach moved, seconded by Coun- cilman McTaggart to close the public hearing and continue this matter until later in the hearing. The motion carried. PLANNING COMMISSION APPOINTMEN (106 x 1203) went, and his opinion of what briefly described his planning T Eric Paris , 29234 Stadia Hill Lane, introduced himself to the City Coun- cil and proceeded to answer ques- tions from the City Council regard- ing his qualifications for appoint - were the important planning issues. He then commission and business experience. The Council then proceeded to vote on the Planning Commission appointment. After one round of voting Leo Connolly was appointed. Councilman Ryan mov- ed seconded by Councilwoman Bacharach and carried to make the appointment of Mr. Connolly unanimous, Councilwoman Bacharach moved, seconded by Councilman McTaggart and carried to authorize staff to proceed with recruitment for the Traffic Committee vacancy. HEIGHT VARIATION NO. 446 - APPEAL City Manager McDuffie presented the LOCATION: 26138 BARKSTONE DRIVE, staff memorandum of November 5, 1986 APPELLANT: MR. & MRS. ROBERT H. and the recommendation to deny the EATON (1804) appeal to this height variation. 700CP /MIN2.1 -10 -4- November 5, 1986 The appellant, Robert Eaton, 26132 Barkstone, presented the City Council with pictures of the area and expressed his concern about the impact on his view by the proposed project and possible future ones of this nature. Speaking in opposition to the project were the following residents of the area: Gary Clark, 26858 Basswood; John Henricks, 2661 Hawkhurst Drive; William McNeely, 5747 Wildbriar Drive; Eva Karlgoss , 5746 Wildbriar; Mary Nimmo, 5752 Wildbriar; and, M.S. Martin, 26125 Barkstone. These residents expressed concern about the impairment of their view by this project and the possibility of cumulative effect if like structures were proposed and approved by the Council. Representing the appellant was their attorney Beverly Worth, 1801 South Catalina, who cited the fact that residents of five homes in the area felt that there would be a significant view impact caused by this project. Speaking in support of this project was Martin Shepherd, 26120 Barkstone, who felt that this would increase the value of the home and consequently other homes in the area. Also speaking in support of this project was the property owners' architect, Russell Barto, 3 Malaga Cove Plaza who display- ed a model of this project showing the current dimensions of the home and the design of the proposed project. Councilman McTaggart moved, seconded by Councilwoman Bacharach to grant the appeal based on the fact that there would be the potential for significant view impact, that there is significant night time view impairment and that the project was not designed to reduce view impairment. Council then dis- cussed the fact that homes across the street from this project would not be able to expand in a similar fashion because of the potential of a walling off effect. Further Council discussion questioned the view analysis per- formed by Mr. Eaton -and if it was consistent with the criteria used by the City in determining views. The motion to grant the appeal failed on a 3 -2 vote with Hughes, Ryan, and Hinchliffe voting in oppositon. Councilman. Hughes moved, seconded by Councilman Ryan to deny the appeal. The motion carried on a 3 -2 vote with Councilmembers Bacharach and McTag- gart voting in opposition. RECESS At 9:50 the Mayor declared a brief recess. The meeting reconvened at 10:05 P.M. SEACOVE UNDERGROUNDING DISTRICT Public Works Director George Wentz NO. 7 - RESOLUTION NO. 86 -71 reported that he and the County En- (901) gineer had reviewed the protest pe- tition and that it represented 35.6% of landowners in the district. City Attorney Dorsey summarized the pro- visions of the maintenance district and the fact that since the protest was less than fifty percent of the landowners of the district that the Council could overrule this protest and authorize the project. He also went on to explain that any funds expended by the City in the formation of this dis- trict would become part of the assessment on each of the homeowners in the district. 700CP /MIN2.1 -10 -5- November 5, 1986 Responding to a Council inquiry about the cost of this- undergrounding, to property owners, Public Works Director Wentz responded that the cost would be anywhere from $2,755 to $8,265 for the undergrounding portion of this project. Councilman Hughes moved, seconded by Councilman McTaggart to overrule the protest of 35.6% and proceed with the district. Councilman Ryan stated for the record that he is a property owner of a vacant parcel in the district and would not be voting on this issue. He stated that he has had no discussions private or public, with any members of the Council at any time regarding this project. City Attorney Dorsey added that as a property owner in the district that Councilman Ryan could sign the initiating petition. Coucilman McTaggart moved, seconded by Councilwoman Bacharach to approve the agreements with the utility companies. The motion carried. Councilman McTaggart moved, seconded by Councilwoman Bacharach to ADOPT RESOLUTION NO, 86 -71 ORDERING THE IMPROVEMENT MADE FOR UTILITY CONVERSION IN SEACOVE DRIVE AND OTHER RIGHTS OF WAY ( RANCHO PALOS VERDE S IMPROVEMENT DISTRICT NO, 7). The motion carried on the following roll call vote: AYES: HUGHES, BACHARACH , McTAGGART , AND MAYOR HINCHLIFFE NOES: NONE ABSTAIN: RYAN AUDIENCE QUESTIONS Responding to the Mayor's call for questions about items not on the agenda was Charles Allaro, 30945 Rue Valois. He requested that the City consider installing a stop sign at Rue de La Pierre, requested general clean -up of the construction area on Via Rivera and also requested resurfacing of the stop bars on Via Rivera, Rue Valois and Rue Langlois . Council referred the matter of the stop sign to the Traffic Committee and the two other clean -up items to the Public Works Department The following people spoke about the tree policy (1407): Jerry Romano, 1825 Velez Drive; Mr. Fulwider, 28219 Hazelridge; Dr. Deborah Palmieri, 1907 Valetta Drive; and, Richard Hubacek, 2127 General Street: generally their comments were in opposition to the tree removal program in their neighborhood. They requested permission to retain trees that were not causing damage to sidewalks and reconsideration of the Council's adopted policy. Discussion then followed regarding the current agreement and how it could be amended to allow residents to retain trees and assume repair costs for damage caused by their tree(s). During Council discussion of ways and means to maintain these trees the suggestion was made that perhaps an as- sessment district could be formed which would assume the liability and maintenance costs for these trees. Councilwoman Bacharach moved, seconded by Councilman McTaggart and carried to change the tree agreement to allow residents to keep trees, except Ital- ian Stone Pines, and assume the repair costs for any damage caused by their street tree(s) on an ongoing basis, 700CP /MIN2.1 -10 -6- November 5, 1986 POINT VICENTE PARK - AREA FOUR City Manager McDuffie presented the PICNIC TABLES AND BENCHES staff memorandum on this item to in- (1201) stall previously purchased picnic tables and benches at Point Vicente Park, Area 4, near the Interpretive Center. Also included in this equipment was the cost of transporting and displaying outside the Center a donated Blue Whale jawbone. Staff recommendation was to: (1) Approve the project; (2) Authorize expenditure of $4,440 from Fund 331; and, (3) Direct the Public Works Department to complete the project. Councilwoman Bacharach moved, seconded by Councilman McTaggart to approve the staff recommendation. The motion carried on the following roll call vote: AYES: HUGHES, BACHARACH , McTAGGART , AND MAYOR HINCHLI FFE NOES: RYAN ABSENT: NONE VISION SAFETY ZONE AT GUNTE R City Manager McDuffie presented the AND MENDEN DRIVE (1502) November 5, 1986 staff memorandum and recommended that the request to establish a Vision Safety Zone at the intersection of Gunter and Men - den be denied. Councilwoman Bacharach moved, seconded by Mayor Hinchliffe and carried to approve the staff recommendation. APPEAL OF CONDITIONAL USE PERMIT NO. 105 (1804) No. 22 of Planning Commission to post a bond or an insurance tion in the event that damage during the construction. City Manager McDuffie presented the November 5, 1986 staff memorandum and the recommendation to dismiss the appeal on this matter thereby affirming the Planning Commission's decision. At issue was Condition Resolution No. 86 -23 requiring the applicant policy, or a combination thereof as protec- occurs to the residences above the project Expressing their concern about the adequacy of this coverage were the fol- lowing residents of the area: Emmett Ingram, Jr., 28006 Beechgate Drive; C.H. Donias , 28013 Seashell Way; John Van Wagoner, 27948 Beechgate Drive; and, Barbra Daigle, 28016 Beechgate Drive. All of these residents express concern about the liability issue and how they would be compensated in the event damage was caused to their land and /or property. They questioned whether or not the provision in the Planning Commission Resolution ade- quately addressed that liability and their compensation. The applicant in this matter, Mr. Levitt, told the Council that he felt that under Condition No., 22 that the is sue. of liability was adequately cov- ered in the first sentence of that provision. 700CP /MIN2.1 -10 -7- November 5, 1986 Council then discussed what changes could be made to that condition and since this resolution was adopted by the Planning Commission, if a public hearing was necessary to make those changes. It was the consensus that since a public hearing had to be held on this issue that the City Attorney determine whether or not the hearing could be narrowed to discussion of Condition No. 22, Councilman Hughes moved, seconded by Councilman McTaggart and carried to set this matter for public hearing and direct the. City Attorney to deter- mine whether or not the hearing could be limited to the issue of Condition No. 22, CREST ROAD MEDIAN DESIGN City Manager McDuffie presented the (1503) November 5, 1986 staff memorandum and requested that Council provide direction to the Public Works De- partment for median design of the Crest Road Reconstruction Project, Contract Manager Walter Warriner made a slide presentation of the several styles of medians within the City. Council discussed whether or not this area should be kept open and the , type of landscaping that would not inter- fere with view corridors,; Mayor Hinchliffe moved, seconded by Councilman Ryan to direct staff to soft -scape these medians with low plants, shrubs, ground cover and tree and to keep in mind the view corridor of homes in the area. The motion carried unanimously. GOLDEN LOTUS RESTAURANT REQUEST FOR WAIVER (1804) seconded by Councilman Hughes and dation to waive the procedures but CITY COUNCIL REPORTS: Referring to the October 30 , 1986 letter from the owners of the Golden Lotus Restaurant and their request for procedure to process their C.U.P. and waiver the $180 filing fee, Councilwoman Bacharach moved, carried to approve the staff recommen- not to waive the $180 fee. Solid Waste Management Committee City- Manager McDuffie reported that the subcommittee discussed the current situation of trash collectors within the City and how it was the consensus to send a letter to those companies re- minding them of the imminent deadline and the fact that the City may want to look at alternatives on trash collection.- He said that the City is planning on getting input from the current carriers, however the concern was that whatever is proposed be better than the present situation. The subcommittee (Ryan /Bacharach) requested that a copy of the letter be sub- mitted to them prior to its dissemination. Leaf Blowers - Councilman Ryan inquired about what staff had found out about the enforcement of an ordinance prohibiting the use of leaf blowers. Staff responded that one had been adopted by the City of Lomita and that only a few complaints had been. received by this City about their use. It was the consensus that no -ordinance would be considered by the City Council. 700CP /MIN2.1 -10 -8- November 5, 1986 Cal State Dominguez Cooperation /Cable TV - Councilman Ryan reported that the Cal State Dominguez soccer team has national ratings and they are in- terested in a relationship with a City that would allow them to play var- sity soccer on one of the City parks and requested that staff explore that possibility. The University also has a professionally produced coaching tape and they will make it available for showing on Channel 3. Tax Election (602) - Councilman Ryan inquired about the election schedule to be followed as a result of the passage of Proposition 62. Brief Council comments then followed regarding the scheduling of a workshop with the FACT Committee and the alternatives that the City has now for revenue. Council- woman Bacharach moved, seconded by Mayor Hinchliffe and carried to direct the Finance Director to analyze alternatives available on reveue . CITY MANAGER REPORTS: List for Status of Council Directives - Council requested a timeline on the post office matter and it was the consensus that the Environmental Im- pact Report, when available, should be reviewed by the Council subcommittee (Bacharach /McTaggart). Also staff was requested to contact the City of Signal Hill regarding a similar problem they have with the Post Office. Council requested that staff find out when Marymount plans to meet with the homeowners in their area. Also that Marymount consider relocating their handicapped parking to make better use of their parking facilities. On the matter of the purchasing ordinance, that issue is being reviewed by the City Manager. ITEMS REMOVED FROM THE CONSENT CALENDAR: RESOLUTION N0. 86 -72 - ESTABLISHING THE CABLE TELEVISION ACCESS FOUNDATION and RESOLUTION N0. 86 -73 - CREATING THE CABLE TELEVISION ADVISORY BOARD ( 605 ) After amendment of the Committee's recommendation that all applications would be reviewed by the City Council, and amendment of the Resolution cre- ating the Cable Television Advisory Board to allow the nine voting members to be approved by the Foundation, and that the Advisory Board would hold regular meetings at least every other month, Councilwoman Bacharach moved, seconded by Councilman Hughes to ADOPT RESOLUTION N0, 86 -72 ESTABLISHING THE CABLE TELEVISION ACCESS FOUNDATION AND DESIGNATING THE MEMBERS OF THE CITY COUNCIL AS DIRECTORS OF THE FOUNDATION. The motion carried. Council- woman Bacharach moved, seconded by Councilman Hughes to ADOPT RESOLUTION N0, 86 -73 CREATING THE CABLE TELEVISION ADVISORY BOARD AND PROVIDING FOR APPOINTMENT OF ITS MEMBERS AND ITS POWERS AND DUTIES* CLAIM AGAINST THE CITY BY ALBERT S C HOE NF I E LD (303) Councilman Ryan moved, seconded by Councilwoman Bacharach to reject the claim of Albert Schoenfield and di- rected the City Clerk to notify the claimant. 700CP /MIN2.1 -10 -9- November 5, 1986 RECESS TO CLOSED SESSION At 1:00 A.M. the meeting adjourned AND ADJOURNMENT to a closed session to discuss the latest settlement in the Horan of- fer. At 1:35 A.M. the meeting re- convened and adjourned on- motion of Councilman McTaggart to 6:00 P.M. on November 18, 1986 to a closed ses- sion to discuss personnel. YOR ATTEST `f CITY CLERK 700CP /MIN2.1 -10 -10- November 5, 1986