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CC MINS 19850917M I N U T E S RANCHO PALOS VE RDE S CITY COUNCIL REGULAR MEETING SEPTEMBER 17, 1985 The meeting was called to order at 7:30 P.M, by Mayor McTaggart, at the Fred Hesse Park Community Center, 29301 Hawthorne Boulevard, roll call was answered as follows: PRESENT: HINCHLIFFE , BACHARACH , RYAN , HUGHE S., & MAYOR McTAGGART Also present were City Manager Donald F. Guluzzy, Director of Environmental Services Sharon W. Hightower, City Attorney Steve Dorsey, Director of Pub- lic Works Charles Abbott, Director of Finance Greg Beaubien, Community Services Director Tom Bandy and City Clerk Jo Purcell. CEREMONIAL MATTER Mayor McTaggart presented a procla- mation to Connie Zimmerman of Bishop Montgomery High School in recogni- tion of her team winning first place in the Miss Drill Team International Competition held in Tokyo, Japan in July, 1985. Councilwoman Bacharach presented a token of appreciation of the Landslide Subcommittee (Mayor McTaggart, Councilman Hughes, the City Manager and the Public Works Director) for',- thier :efforts and success in the passage of AB1461. WAIVER OF FULL READING OF Councilman Hughes moved, seconded ORDINANCES AND RESOLUTIONS by Councilwoman Bacharach and carried, to waive reading in full of all ordinances and resolutions adop- ted at this meeting with consent to the waiver of reading deemed to be given by all councilmembers after reading of the title, unless specific re- quest was made at that time for the reading of such ordinance or resolu- tion. APPROVAL OF AGENDA The City Clerk announced the following changes to the Agenda: Item A3 and A7 were removed from the Consent Calendar, and Variance No. 121 was continued to October 1. The Agenda as amended was approved on motion of Councilman Hughes seconded by Councilwoman Bacharach and carried. 703CP /MIN2-91 -9 . -1- September 17, 1985 CONSENT CALENDAR The-Consent Calendar was approved as follows on motion of Councilwoman Bacharach - seconded by Councilman Hinchliffe: MINUTES Approved the minutes of August 27, 1985. LEGISLATION (306) Opposed Senate Bill 14050 CALTRANS - 1 -110 Directed staff to notify CalTrans TRANSIT WAY - and our, State Legislators of the (1505) City' s_ - opposition to the proposed delays in the construction of the 1- 110 Transit Way. RESOLUTION 85 -56 - ADOPTED RE- SOLUTION 85- 56..OF -. THE- CITY SBA 21 FUND COUNCIL OF THE CITY OF RANCHO PALOS (112) VERDES APPROVING THE APPLICATION FOR - BICYCLE AND /OR PEDESTRIAN_ FUNDS AUTHORIZED UNDER SBA 21 AND APPRO- VING THE ADOPTION OF ITS BICYCLE - AND/OR PEDESTRIAN PLAN* RESOLUTION 85 -57 - ADOPTED RESOLUTION 85 -57 OF THE CITY PERMIT PARKING COUNCIL OF THE CITY OF RANCHO PALOS (1502) - VERDES ESTABLISHING PERMIT _ PARKING :. ON PALOS VE RDE S DRIVE SOUTH FRONTAGE ROAD AT PORTUGUESE BEND CLUB P . V . TRANSIT AGREEMENT Approved the revised transit agree - (1505) ment submitted by the City of Rol - ling Hills Estates. RESOLUTION, 85-58 Adopted Resolution 85 -58 of the City REGISTER OF DEMAND, r. Council of the City of Rancho Palos - Verdes allowing certain claims and demands and specifying funds from which they are to be paid. The-- motion to approve the Consent Calendar carried on the following roll call vote: AYES: - HINCHLIFFE , BACHARACH , RYAN , HUGHES, & MAYOR McTAGGART NOES: NONE 703CP[MIN_2._1 -9 --2- September 17, 1985 RESOLUTION 85 -59 - OPERATING City Manager Guluzzy presented the BUDGET FOR- FISCAL 85 -86 September 17 Staff Memorandum and (602) recommended adoption of the proposed resolution approving a budget appro- priation and adopting the operating budget for fiscal years 1985 -87. Council then inquired about the following items: If the donations approved for 85 -86 would be authomatically approved for 86 -87; how this two year budget would _be reviewed and tracked; if the loan to the - Redevelopment Agency should be made in 86 -87; should Proposition A funds be part of the 86 -87 budget- -since the contracts with the other cities are for-- one .year only; and whether the salary _range projections had been reflected in this budget. It .was the :consensus that a- subcommittee of Councilman Hinchliffe and Mayor McTaggart would meet - with the City Manager prior to the Octo- ber 1st meeting to discuss the proposed salary ranges. Discussion ; then took place regarding the expenditure level for the Leisure Services Program and whether these Programs - were self- supporting or tax supported. It was the consensus that under Leisure Services the Programs should-have two , , classifications : Class programs and recreation programs Additional inquiries were made regarding the magnitude of the City's sup- port of these items and whether a line item budget would be the most accur- ate way to reflect all of the costs involved, including the 0 &M costs now currently considered under the Public Works section of the budget; staff indicated that a program budget format would include all of this data and such a format will be worked on over the next two years. In response to the Mayor's call for public testimony were the following residents: Shirley Schwarz, 612 Cayuse Lane, representing the Palos Verdes Peninsula Horseman's Association. She requested that the Council consider appropriating funds for development of trails. Sunshine, 6 Limetree also requested this funding. RESOLUTION, NO. 85 -59 -OF -THE- CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING ,A BUDGET APPROPRIATION � AND ADOPTING THE OPERATING- BUDGET FOR FIS- CAL -:YEAR 1985 THROUGH 1.987 was: pres_ented by title and Adopted on motion - -of Councilman: Hughes, seconded by Councilman Hinchliffe. The motion carried on the following r -oll call vote AYES:, HINCHLIFFE, BACHARACH, HUGHES & MAYOR McTAGGART NOES : RYAN Councilwoman Bacharach moved, seconded by Councilman- Ryan- and_ carried that a program budget for the Leasure Services Department be prepared for City Council's review. RESOLUTION 85 -60 - CAPITAL City Manager Guluzzy presented -.the BUDGET FOR FISCAL YEARS September 17 Staff Memorandum recom- 1985-87 (602) mending adoption of the proposed -resolution for Capital Improvement Projects for fiscal years 1985 -87. 703CP /MIN2.1 -9 -3- September 17, 1985 In addition to the .items listed on =the resolution exhibit, City Manager also requested approval of $50,000 for the design of- the resurfacing for Crest-Road and_Hawthorne Boulevard. Council then inquired about the- appropriateness of using EET funds for the removal of the astroturf along the Hawthorne Boulevard median. Council- woman Bacharach moved, seconded by Councilman Ryan to reinstate $10,000 in the 85 -86 and 86 -87 budget and take the funds from the Quimby Fund to ;Pay for the implementation of the trails program. The issue of the sale of the Martingale- lot:to: generate .funds for implementation of this trails program was briefly dis :cussed. The motion to reinstate the $10,000 carried on a 3 -2 vote..with Councilmembers Hughes and McTaggart voting in opposition. Council then discussed - the -addition of , the Crest Road design and the - r'esur- -_ facing of-: -Hawthorne .- Boulevard 1 to eliminate the dips , and to correct the parking lot drainage system at Pt. Vicente Park, RESOLUTION 85 -60 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING FISCAL YEARS 1985 -87 CAPITAL IMPROVEMENT - PROGRAM WAS PRESENTED BY TITLE. WITH THE ADDITION OF THE $10,1000 FOR THE = IMPLEMENTATION OF -THE TRAILS PROGRAM FOR EACH YEAR, DESIGN OF CREST ROAD AND THE CARRYOVER OF $50,000 FROM : ;THE 84 -85 BUDGET ­FOR THE RESURFACING OF HAWTHORNE BOULEVARD Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to adopt Resolution No. 85 -60 as amended. The motion carried on the following roll call :vote: AYES:- BACHARACH, HINCHLIFEE . RYAN & MAYOR McTAGGART NOES: HUGHES RECESS SCRTD PUBLIC HEARING - SERVI -CE MODIFICATION (1505) At 9 :00 P.M. the Mayor declared -a brief recess . The. meeting recon- vened at 9:10 P.M. City Manager Guluzzy presented the September 17 Staff Memorandum and recommended that Council submit written testimony regarding the- RTD proposal on service modification and /or fare increases for the Public Hear -ing set for September 28 1985. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe and carried to adopt the staff recommendation; additionally, to have the Mayor or a representative speak at'the hearing and express in strong terms the fact that we have, for a year, requested the RTD to meet with City representa- tives and discuss their proposed elimination of Lines 225 and 226. PENINSULA TRANSPORTATION AUTHORITY - -JOINT ' POWERS AGREEMENT (1505) City Manger Gutuzzy presented the September 17 Staff Memorandum and recommended Council approve the draft of the Peninsula Transporta- tion Authority Joint Powers Agree- ment with a change that a quorum of four be required to act on business. 703CP /MIN2.1 -9 -4- September 17, 1985 A brief discussion -then followed-. on what constituted a quorum of this board:. -Councilwoman Bacharach moved-, seconded by Councilman Hughes and carried to approve the agreement, with- the condition that a clause be added that no action be taken with less than four (4) members of the board and that a, quorum be the , majority of . the members; that nothing be considered without complying to the provi-sions of the Brown Act. GRADING-. APPLICATION NO. 818 _ - __ ,City Manager Guluzzy -presented th-e (1801) (306) Staff Report and recommended dismis- sal of this -appeal of the Planning - Commission!s decision to deny a re= quest to place a structure on an extreme slope adjacent to Hawthorne Boulevard at 5711 Ravenspur Drive. The concerns identified by the staff and the Commission which resulted in this-. unanimous denial were:, (1) The proposed structure would not meet the- requirements prescribed by Code Amendment No. 20 for construction on ex- treme slopes or the current criteria of the code. (2) The size, : locution, and appearance of the structure could distract motorists travelling on Haw- thorne-Boulevard and adversely affect the safety of the Hawthorne/Raven-spur intersection. -.(.3.) Finally, the size and the appearance of the structure at- the proposed location would reduce the effectiveness of the Hawthorne Boul- evard corridor visual enframement. This is a focusing device meant to di- rect the viewers gaze to .a distance scene or line of sight. The applicant in this matter, Ted Gardner, 777 Silverspur Road, Rolling Hills Estates, questioned whether this should be Considered under a grading application.- He said the sculpture covered less than five percent -(5%) of the property and questioned if ,i_t _really would distract motorists Council then questioned the materials from which the artwork would be made, and inquired about-how-the artwork would be secured to the hillside. Addi- tionally =Council explained the problem of development on steep slopes, why only limited development is allowed :and the_ hazard of development -on ex- treme slopes. It was also explained- that this proposed project -did riot fall within the established criteria for slope development and that this application was not being-considered any differently-- -than -any. other extreme slope permit._ = Councilman Hughes moved, seconded by Councilman Hinchliffe and carried to dismiss, the ,appeal and that th,e applicant :pursue the suggestion that this artwork be placed in one of the City's parks, Representing the- Planning- Commission was its I Chairman -Bob McNulty who -- com- mented that the - applicant was not. present at. the Planning Commission Hearing, nor was the Planning Commission privy to the drawing that has been submitted by the applicant. Since the minutes, of - :the:. Planning Commis_aion ..Hearing had not been completed in time -. for presentation - in the Agenda package; Councilwoman Bacharach moved, seconded by Councilman Hinchl i f.f e.- and carried that nothing come to the City Council on appeal from the Planning Commission until the minutes of the Hearing are available, 703CP /MIN29 1 -9 -5- September 17, 1985. EXEMPTION N09.11 September- 17 Staf f Memorandum and (1801) recommended denial of this applii- -cants request for an exemption from the Landslide Moratorium Ordinance for a 180 square foot room addition (an enclosure of an existing patio) within the Coastal setback zone inside the Portuguese Bend Club, Councilman Hinchliffe stated that he would abstain from participating from discussion and voting-on this issue since he is a resident of the Bay_ Club. The applicant, Herbert Jepson, 204 Seascape, told the Council that there had been no cracks in the foundation of the house in the twelve to fifteen years that . -he -ha.s lived there, -the house was built 33 years ago and there are no ,cracks He said this is simply an enclosure of an already existing patio. Council then briefly discussed whether -or not the existing house i-s already in the rear setback, and if there are other homes in the area also in their setback zones Councilman Ryan, moved, seconded by: Councilwoman Bacharach to approve the request -which would allow -- the . applicant to- apply for a Variance.: The motion carried on a.3-1-0 vote with Councilmember Hughes voting in- oppasi- tion and Councilman Hinchliffe abstaining. It was explained to the appli- cant that he will now . have to apply for a Variance ' before the Planning Com- mission to approve this open -space reduction. TRACT: NO 38848- ISLAND City Manager Guluzzy presented the-e VIEW PEDESTRIAN GATE September 17 Staff Memorandum which (701 X 1411) recommended that Council determine the appropriate action on whether or not the gate, designed for access to the designated pedestrian easement- and with a maze in it -to preclude motorcycles and horses on Crenshaw Boulevard could be altered-to allow horses= ao- ent°er . Ann Lewin, 72- Buckskin Lane, Roll irigg-Hills Estates, representing the Palos Verdes Peninsula Horseman Association said that the Association would like the gate modified to allow equestrian traffic and that the pedestrian only maze be_,removed. Caymen Development has appoved this change and has set aside $10 , 000 f or- trails located within that - tract . Also speaking in sup - port of this removal was Sunshine, 6 Limetree, Councilwoman Bacharach moved, seconded by Councilman Ryan to facilitate the altering of the gate and accept the contributions to do that, from groups who are interested in donating. Council then commented if this could be considered a pedestrian trail upgraded to equestrian and that would mark the completion of the loop trail coming up Crest. The motion carried- on a 3 -2 vote with Councilmembers Hughes and-McTaggart voting -in opposition. = 703CP /MIN29 1 -9 -6- September 17, 1985- APPEAL= OF -DECISION City Manager Guluzzy presented the DANGEROUS -- ANIMAL September 12 Staff Memorandum and (104) recommended that Council, sustain his decision to allow adoption of the dog Chico. Community-services Director Tom,- Bandy° said that he had been in touch with a Pit-Bull. rRes"cue Society in an effort- -to get Chico adopted outside of the City of Rancho Palos Verdes. The dog owner, Mr. Miller, is in agreement with this adoption. During- Council discussion on this item,' it was stated that the dog has. been impounded by the SPCA since July= ,and that the Municipal Code permits the City - Manager's decision -to be- appealed= to- the. City Council;= the decision of the ,City Councill` shall be final and conclusive. It was ais,o stated that there was the risk of continuing liability for the City should the-dog-be released by the City and subsequently by another person. Speaking � in opposition to the recommendation was Daphne Clarke , 10 Pepper - tree Drive.- who cited the incident--of:-.the dog-biting her and tearing her clothing.---­ The dog owner, Leonard Miller, 11 Figtree Road, described the circumstances under which he acquired ownership of Chico and described his training of the dog. It was his - opinion that -Chico was not vicious. Additonal Council., discussion . continued and it was - disclosed - that Director Bandy had seen Mrs. Clarke's torn clothing. Councilman Hinchliffe moved, seconded by Councilman Ryan and, carried- - to - overturn -the Ci -ty, Manager' s decision and request that the SPCA humanely destroy the dog. The City Attorney was requested to draft an ordinance which would be more effective in trying to handle a dangerous dog situation such as this. CITY COUNCIL SUB - COMMITTEES Post, Office = It was the consensus of` -Council that -the City Manager find out from the City -.of Rolling Hills Estates what is happening with-the post- off ice proposal. Refuse Franchise. City - Manager was ,r-eq-uested� to set = a •Committee meeting date Landslide,-Sub-Committee.. A meeting is scheduled for September 28= 19850 Cable T--#,V :, - Councilman -Hughes reported- that" - T.M.:, Cable Company -has agreed to fill out the franchise area and will activate an additional amplifier to the head -end header to allow the live coverage of City Council meetings. RDA - LIBRARY DISTRICT Councilman Hughes summarized the AGREEMENT meetings with representatives-0 f the Palos Verdes Library District and their discussions regarding an agreement for future reimbursement 703CP/MIN2:1 -9 _ -7- September - 17 1 -985 of tax increment revenues to the Library District. The City Council ' indi- cated their - concurrence with this agreement which will be brought back at a future Redevelopment Agency meeting... BARK.STONE DRIVE FIRE City Manager Guluzzy referred to the COMPLAINT September 10, 1985 letter from the (103) County of Los Angeles which alluded to potential erosion problems that might be created with the removal of the natural vegetation west of Bark - stone Drive on the eastern slope of Grandview Park. The letter suggested that as a public relations gesture, the City-,could cut all growth on the slope to a height of six inches thereby removing' the aerial -type fuel yet retaining erosion protection offered -by existing plants and grasses. Additionally, the letter indicated that, if requested, the -Fire Department would have a Forester examine the slope and submit recommendations. Expressing her. concern about .the condition of the canyon was :Georgia Clarke, 26157 Barkstone Drive. She expressed. her feeling that a.. serious fire hazard existed in the area and requested that a Forester indeed look at it. Council discussion followed on the type of equipment that could be used to go in and disk this area, the resulting road that would be created because of equipment and perhaps the resulting trespassers that may use those roads. It was the consensus that the City Manager look into the idea of control--burn, requested that a Forester look at the area, and that the Pub- lic Works Director consider some retardant plants for the area. CITY MANAGER REPORTS Emergency Ambulance Service - The City Attorney indicated that he will pro- vide the City Manager with a copy of an agreement recently drawn up for the City of South E1 Monte. Tree Removal Letter - Council will - present their comments to the Public Works Director on the proposed letter to be mailed to residents. Code Amendment No. 20 Work Session - Council then proceeded to discuss Ordinance No. 194 and the following changes were made: Section 17- .57.020C Councilman Hughes moved, seconded by Mayor McTaggart to remove said para- graph C of that Section. The motion carried on a 4 -1 vote with Councilmem- ber Hinchliffe voting in opposition. Section 17.57.020B. - Councilman Hinchliffe moved, seconded by Councilwoman Bacharach to accept the Planning Commission's recommendation on that paragraph. The motion carried on a 4 -1 vote with Mayor McTaggart voting in opposition. UNFINISHED BUSINESS LIST Bus Shelters - Council requested that Staff get an estimate on prefabrica- ted bus shelters. 703CP /MIN2.1 -9 -8- September 17, 1985 ADJOURNMENT At 12:40 A.M. the meeting adjourned on motion of Councilman Hughes, L ELM , v I MAYOR CITY CLERK 703CP /MIN2.1 -9 -9- - September 17, 1985