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CC MINS 19850702M I N U T E S RANCHO PALOS VERDES CITY COUNCIL JULY 2, 1985 REGULAR COUNCIL MEETING The meeting was called to order at 7:30 by Mayor John McTaggart at the Hesse Park Community Center, 29301 Hawthorne Boulevard. After the Pledge of Alligance to the flag, roll called was answered as follows. PRESENT: HINCLIFFE, BACHARACH, HUGHES, & MAYOR MCTAGGART. 7-It e LATE ARRIVAL: RYAN at 7:50. Also present were City Manager Donald F. Gulu zzy, City Attorney Steve Dorsey, Director of Environmental Services Sharon W. Hightower, Public Works Director Charles Abbott, and City Clerk Jo Purcell. Ceremonial Matter Mayor McTaggart pesented a com- (30 4 ) memorative proclamation to the Palos Verdes Amateur Radio Club. In recognition of their service to their community and in recognition of that organizations 70th anniversary. Rep- resenting the Club were Dan Colburn, President, Ann Willert, Secretary, Bob Kid- der, Vice - President, and Peter Von Hagen, Community Affairs Director. WAIVER OF FULL READING OF ORDINANCES Councilwoman Bacharach moved, AND RESOLUTIONS seconded by Councilman Hughes 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 resolution. APPROVAL OF AGENDA The City Clerk announced the addition of a resolution for the closure of Crest Road, and the request of the City Attorney for a closed session to discuss pending litigation. Councilwoman Bacharach moved second it by Councilman Hughes to approve the agenda as amended. CONSENT CALENDER Councilwoman Bacharach moved seconded by Councilman Hughes to approve the Consent Calendar as follows: MINUTES Approved as presented the Minutes of June 4, and June 13. #702CP- MIN.1.2 -8 -1- July 2, 1985 RESOLUTION NO. 85- 39 -CEQA ADOPTED RESOLUTION NO. 85 -39 OF (1203) THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VE RDE S REPEALING RESOLUTION NUMBERS 83 -74 AND 84 -17 ADOPTING PROCEDURES IMPLEMENTING CALIFORNIA ENVIRONMENTAL QUALITY ACT AND THE GUIDELINES OF THE SECRETARY RESOURCE AGENCY, AS AMENDED 19830 GENERAL MUNICIPAL ELECTION ADOPTED RESOLUTION 85 -40 OF THE (501) CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY NOVEMBER 5, 19859 FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. ADOPTED RESOLUTION NO. 85 -41 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VE RDE S REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CON- SOLIDATE A GENERAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD OF NOVEMBER 5, 1985, WITH THE SCHOOL DISTRICT ELECTION TO BE HELD ON SAID DATE PURSUANT TO SEC- TION 23302 OF THE ELECTION CODE* ADOPTED RESOLUTION 85 -42 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES , ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIAL SUBMITTED TO THE ELECTORATE OF AND THE COST THEREOF THE GENERAL MUNICIPAL ELEC- TION TO HELD IN SAID CITY TUESDAY NOVEMBER 5. 19850 DRAINAGE STRUCTURES ( 604) RESOLUTION NO. 85-43 - SIDEWALK REPAIR (EASTVIEW) (1405 ) DETERMINE WHETHER CERTAIN PROPERTIES ARE TO CONTRACT CITIES - AMBULANCE SUIT ( 303) RESOLUTION NO. 85 -44 - REGISTER OF DEMANDS FUNDS FROM WHICH SAME ARE TO BE PAID, Directed the Public Works Depart- ment to design the appropriate structures at locations 1, 3, and 4 listed in the staff report. ADOPTED RESOLUTION 85 -43 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VE RDE S SETTING THE TIME AND PLACE FOR A PUBLIC HEARING TO BE ASSESSED FOR SIDEWALK REPAIR. Approved expenditure of $175.00 from litigation reserve for assessment No. 2- Contract Cities Association versus Los Angeles County (Ambulance Suit), ADOPTED RESOLUTION 85 -44 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VE RDE S ALLOWING CERTAIN CLAIMS AND DEMANDS AS SPECIFYING #702CP -MIN .1.2 -8 -2- July 2, 1985 The motion to approve the consent calendar carried on the following roll call vote: AYES: HINCHLIFFE, BACHARACH, HUGHES & MAYOR MCTAGGART. NOES: NONE ABSENT: RYAN PUBLIC HEARINGS: TENTATIVE PARCEL MAP 16748 Mayor McTaggart opened the public (1410) hearing on the request to approve a tentative parcel map, thereby overturning the Planning Com- missions denial. This map is a proposed three lot subdivision, located at 29002 Bayend Drive ( the end of a cul -de -sac near the intersection of Bayend Drive and Jaybrook Drive) The City Clerk-announced that notice had been published and no written protests were received by the City. City Manager Guluzzy summarized the July 2, 1985 staff report and recommended adoption of the proposed resolution subject to the conditions contained in Exhibit A. In response to the Mayor's call for public testimony were the following resi- dence of that area: Anthony Sosa, 28909 Gunther Road, and Pat Condon, 28903 Gunther Road. These residents were . concerned about additional traffic, the flooding that has taken place there in the past, and if there was adequate parking. There being no additional public comments Mayor McTaggart closed the public hearing, Council then discussed the flooding that had taken place in the area and inquired if an investigation was conducted. (At 8:00 P.M. Councilman Ryan arrived.) Associate Planner Steve Rubin briefed the Council on the flooding that was referred to by the speakers; the subject property has had no flooding. That which did occur was in the ravine located at Miraleste Canyon, Additional Council comments centered on the_ adequacy of the easement proposed for the Flood Control District, whether other lots in the area have this poten- tial for subdivision, the consideration given to this kind of zoning when the annexation first occurred, and the zoning in the area prior to annexation. Councilman Hinchliffe moved seconded by Councilwoman Bacharach and carried to reopen the hearing so the applicant could present testimony. Bill Swanson the applicant, 4227 Rousseau, said he had prepared information for the neighbors showing offstreet parking that would be available. He said this would alleviate the parking problem. #702CP- MIN .1, 2 -8 -3- July 2, 1985 Speaking in rebuttal was Mr. Sosa who again questioned the drainage and the parking. Councilwoman Bacharach moved, seconded by Councilman Hughes, to close the public hearing. The motion carried. Council concerns centered on the width and access to the easement, and the flag lot proposed. Councilman Hughes moved, seconded by Councilwoman Bacharach to direct the applicant to re- design the project and present to the Planning Commission another proposal that would require a 20 foot easement; also, con- sider a design other than the flag lots. The motion carried on a 4 -1 vote with Councilmember Ryan abstaining. P.V. TRANSIT - FARE INCREASE Mayor McTaggar t opened up the (1505) public hearing on this proposal to increase the summer fare to $1.00 for all P.V. Transit Patrons, The City Clerk announced that notice of public hearing had been published. City Manager Guluzzy presented the June 27 staff memorandum and recommended that the fare be increase to $1.00, and that Council adopt a uniform fare structure for this summer and succeeding summers Transportation Director Marta Espantman reported that the other cities, Rolling Hills Estates, and Palos Verdes Estates, were in agreement that this should be a joint hearing for all three cities. There being no response to the Mayor's call for public testimony he declared the public hearing closed. During Council discussion it was the general consensus that the Transit Advisory Committee should advertise the meeting at which the subject of the fare increase would be discussed. Councilwoman Bacharach moved, seconded by Councilman Hughes and carried to adopt the staff recommendation and set a public hearing for August 6, to discuss the fall fares. ASSESSMENT DISTRICT - MAINTENANCE OF SIDEWALKS (1405) city sidewalk repair program. City Manager Gulu zzy presented the July 2, staff memorandum and recommended that Council direct staff on how to proceed with the Council then discussed the staff's analysis for formation of an assessment district under the 1972 Act and if this was an effective mechanism for dividing the cost on an equitable basis and the necessary steps to determine what sidewalks needed to be repaired. Concern was also expressed about the liability involved in assuming the maintenance of the sidewalks. Gary Nelson, 27145 Freeport, felt 'that there should be a public hearing on the formation of such a district. Additional discussion centered on the deadline for forming such a district, if the tree trimming maintenance costs and weed abatement could also be included. Councilman Ryan moved, seconded by Councilwoman Bacharach and carried that staff do more research on this matter; that their study take into consideration areas such as Freeport; that a special letter be mailed out through the Community #702CP- MIN.1.2 -8 -4- July 2, 1985 Forum detailing the pros and cons of such an assessment district, and advise the residents that the City is considering such a district. Additionally, that this research and letter be brought back to the council at the first meeting in October. Bernard Slotnick, 26806 Fond Du Lac, said he thought residents would like the option of being ' able to have the work done themselves. RESOLUTION N0. 85 -45 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING A SIDEWALK AND DRIVEWAY APRON MAINTENANCE POLICY AND REVISING RESO- LUTION NO. 83 -27 WAS. ADOPTED ON MOTION OF COUNCILMAN HUGHES, SECONDED BY COUNCILMAN HINCHLIFFE AND CARRIED. RECESS TO CLOSED SESSION 'At 9:15 P.M. the Council recessed to a Closed Session to discuss potential litigation on motion of Councilman Hinch l i f f e and carried, The meeting reconvened at 9:41 P.M. on motion of Councilman Hughes. No action was taken, RESOLUTION No. 85 -46 - Representing the Los Angeles CLOSURE OF CREST ROAD County Fire Department was Captain (1408) Peterson who explained the necessity of closing this portion of Crest Road. RESOLUTION NO. 85 -46 OF THE CITY COUNCIL OF THE CITY OF PALOS VERDES TEMPORARILY CLOSING A PORTION OF CREST ROAD FROM JULY 3, TO JULY 8, 1985 WAS- ADOPTED ON MOTION OF COUNCILWOMAN BACHARACH, SECONDED BY COUNCILMAN HUGHES AND CARRIED. Staff was instructed to contact the model home sales office to inform them of this closure.'. AUDIENCE QUESTIONS - Responding to the Mayor's call for audience. questions for items not on the agenda were the following residents: Jean Longacre, No. 6 Martingale, who inquired about the City's requirement for developers to disclose geological conditions. In particular she was concerned about Tract No. 38848. Public Works Director Abbott responded that the developer has done the required geological studies. Mary Jane Bloomingdale, No. 16 Martingale Drive, requested that the City clear the weeds from the City -owned lot on Martingale Drive. It was reported that the disking of this lot would be done within the next few days. VARIANCE N0. 118 - APPEAL OF PLANNING COMMISSIONS DENIAL (1804) City Manager presented the staff memorandum of July 2, 1985 and recommended dismissal of this appeal. The applicant, � Frank Schlegel, 26822 Fond Du Lac, testified that that none of his,neighb ors had complained about the garage which was converted prior to the City's incorporation. He presented pictures of the garage. Speaking in support were the following residents of the area: Dr. John Putnam, 26830 Fond Du Lac, Bernard Slocknick 26806 Fond Du Lac, and Henry J. Bremer, 26816 Fond Du Lac. #702CP -MIN .1.2 -8 -5- July 2, 1985 Council then discussed if this appeal could be granted based on the administrative error alleged by the applicant, and the procedural matter of overturning the Planning Commissions decision without the benefit of a public hearing. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe and carried to set up a public hearing for this matter. Councilman Hinchliffe moved seconded by Councilman Ryan that the applicant now pay whatever costs are incurred by the city in hearing this appeal. The motion carried on a 4 -1 vote with Councilman Hughes voting in opposition. SILVERSPUR ROAD - City Manager Guluzzy presented the REQUESTED ADDRESS CHANGE July 2, 1985 staff memorandum and (1406) recommended that this request for an address change be denied. The applicant in this matter Matt Brunning, 727 Silverspur Road, said granting this request would make that building address consistent with the numbering in the rest of the Peninsula Center. Councilman Ryan moved, seconded by Councilwoman Bacharach to drop the 27 prefix on Silverspur Road and request that staff contact the post office and find out what the conversion time will be on this matter. The motion carried on a 4 -1 vote with Mayor McTaggart voting in opposition. STREET TREE POLICY - City Manager Guluzzy presented the REMOVAL AND TRIMMING July 2, 1985 staff memorandum and (1407) recommended: (1) that Council revised the City ordinances giving complete responsibility of all street tree trimming, maintenance and removal of street trees on the homeowners adjacent to the street tree. ( 2) lift the mora- torium on tree removal and authorize the Public Works Department to direct the removal of street trees causing sidewalk and street damage. Council discussed if residents would be required to get a permit for the removal of street trees, if'the City still had control over the types of trees that were planted, and if this matter should be deferred until a decision is made on the sidewalk maintenance issue. Councilman Hinchliffe moved, seconded by Councilman Ryan and carried to approve the staff recommendations. SCHOOL DISTRICT BUILDING City Manager Guluzzy presented the (1201) July 2, 1985 staff memorandum and recommended that the Mayor be authorized to sign an agreement with the Palos Verdes Peninsula Unified School District to protect and maintain the former district property at the Civic Center. Councilman Ryan moved, seconded by Councilman Hughes and carried to authorize the Mayor to sign the agreement and that staff aggressively pursue an interim lease for this building from GSA. COUNCIL BUDGET SESSIONS Council set the following schedule for budget sessions: July 9, at 7:30 to 10:00 p.m*, July 22, 6:30 to 11:00 p.m., July 30, from 6 :00 p.m. to 8 :00 p.m. discussion of the budget, and from 8:00 p.m. to 10:00 a meeting with the Parks and Recreation Committee. #702CP- MIN.1, 2 -8 -6- July 2, 1985 HIGHRIDGE ROAD BIKE RIDE City Manager Guluzzy presented the (112) June 24, letter from the City of Rolling Hills Estates regarding their completion of Highridge Road between Armaga Springs and Whitley Collins in the City of Rolling Hills Estates. It was the consensus that additional information would be needed on the design of the Rolling Hills Estate portion of the bikeway, and that staff should deter- mine if there was a time problem on the grant involved. LEGISLATION - SB1091 City Manager Guluzzy presented a (306) letter from the Contract Cities Association outlining their posi- tion on the latest proposal and amendments to this legislation. Councilman Ryan moved, seconded by Councilman Hughes and carried to support the position of the Contract Cities Association on this legislation. CITY INSPECTION OF PROPERTY ADJOURNMENT Council directed that staff investigate the policy of city inspection of property at the time of sale. At 11:30 p.m* the meeting adjourned to July 9, at 7:30 P.M. on motion of Councilman Hinchliffe. �! 1 MAYO #702CP- MIN.1.2 -8 -7- July 2, 1985