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CC MINS 19850305M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 5, 1985 The meeting was called to order at 7:30 P.M. by Mayor John McTaggart at the Hesse Park Community Center, 29301 Hawthorne Boulevard. After the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: HINCHLIFFE, BACHARACH, HUGHES, RYAN, & MAYOR McTAGGART ABSENT: NONE Also present were City Manager Donald F. Guluzzy, City Attorney Steve Dorsey, Director of Environmental Services Sharon W. Hightower, City Clerk Jo Purcell, Finance Director Greg Beaubien, Director of Leisure Services Mary Thomas, and Public Works Director Gordon Siebert. WAIVER OF FULL READING OF Councilman Hinchliffe moved, seconded by ORDINANCES AND RESOLUTIONS Councilwoman Bacharach 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 councilmemb ers 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 agenda as presented was approved on motion of Councilwoman Bacharach, seconded by Councilman Hughes and carried. CONSENT CALENDAR The City Clerk announced that the following items were deleted from the Consent Calendar: Speed Limit on P.V. Drive South, and Palm Species for Vanderlip Park. The Consent Calendar was approved as follows on motion of Councilwoman Bacharach, seconded by Councilman Ryan. MINUTES Approved the minutes of January 29, February 5 Adjourned Meeting, February 5 and February 19, 1985 Regular Meetings. #700CP -.2 RESOL. N0. 85 -10 - REGISTER OF DEMANDS TRANSIT ADMINISTRATION FUNDS (1505) RESOLUTION N0. 85 -10 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH SAME ARE TO BE PAID WAS ADOPTED* Authorized the City Manager to apply for funds from Los Angeles County Transportation Committee for administra- tive costs for Palos Verdes Transit and for Palos Verdes Dial -A -Ride. TRACT NO. 38848 - (1) Adopted RESOLUTION NO. 85 -11 OF THE VACATION & DEDICATION CITY COUNCIL OF THE CITY OF RANCHO PALOS OF PORTIONS OF SAN CLEMENTE VE RDE S SUMMARILY VACATING EXCESS RIGHTS- PLACE OF -WAY LOCATED AT THE NORTHEAST AND (1408 X 1411) SOUTHEAST CORNERS OF THE INTERSECTION OF SAN CLEMENTE PLACE AND SAN CLEMENTE DRIVE AND WESTERLY OF SAN CLEMENTE DRIVE AT ITS TERMINUS OF SAN CLEMENTE PLACE. (2) Accepted the area to be dedicated and authorized the Mayor and City Clerk to sign the Road Deed. (3) Finalized the draft Negative Declaration, CITY HALL UTILITY UNDERGROUNDING WORK ( 901) LADERA LINDA PADDLE TENNIS COURTS (1201) RESOL. NO. 85 -12 - PROVIDING FOR PROHIBITED STOPPING ZONES ON VISTA DEL MAR (1502) RESOL. N0. 85 -13 - PROHIBITED PARKING ON EDDINGHILL (1502) (1) Accepted the work as complete for City Hall Utility Undergrounding Project. (2) Released the final $1,000 retention to Paxin Electric, Inc. (1) Accepted as complete the Ladera Linda Paddle Tennis Courts. (2) Released contract bond and authorized payment of $2,531 to Peter Pursley Tennis Courts, Inc. Adopted RESOLUTION NO. 85 -12 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES PROVIDING FOR PROHIBITED STOPPING ZONES ON VISTA DEL MAR. Adopted RESOLUTION NO. 85 -13 OF THE CITY ZONES COUNCIL OF THE CITY OF RANCHO PALOS VERDES PROVIDING FOR PROHIBITED PARKING ZONES ON ON BOTH SIDES OF EDDINGHILL BETWEEN LOMO DRIVE AND HAWTHORNE BOULEVARD. INVESTMENT POLICY FOR CITY FUNDS (60 2 ) Received and filed. COUNCIL -2- MARCH 5, 1985 #700CP.2.1 RESOL. N0. 85 -14 - (1) Adopted RESOLUTION N0, 85 -14 OF THE SEACOVE DRIVE CITY COUNCIL OF THE CITY OF RANCHO PALOS UNDERGROUNDING PROJECT VERDES INSTITUTING PROCEEDINGS, ACKNOW- ( 901) LEDGING WAIVER OF DEBT LIMIT INVESTIGATION PROCEEDINGS AND DIRECTING PREPARATION OF RESOLUTION OF INTENTION FOR THE CONVERSION OF EXISTING OVERHEAD ELECTRIC AND COMMUNICATION FACILITIES IN SEACOVE DRIVE AND OTHER RIGHTS -OF -WAY. (RANCHO PALOS VERDES IMPROVEMENT DISTRICT N0. 7). (2) Authorized the Mayor and City Clerk to sign a letter of Agreement with General Telephone. TRACT NO. 33206 - (1) Approved and accepted the water WATER SYSTEM system improvements for this tract. IMPROVEMENT (2) Exonerated the Faithful Performance (1411) Bond No. 2889461 in the amount of $542,000. COMMUNITY DEVELOPMENT Approved expenditure of the 11th year BLOCK GRANT PROGRAM Community Development Block Grant Alloca- (601) tion on Portuguese Bend Landslide Stabil- ization. TRACT NO. 33206 - (1) Exonerated the Faithful Performance RELEASE OF BONDS Bond in the amount of $581,000. (2) (1411) City Clerk to notify the Surety and the principal of the release of the full amount of Bond No. 2889452. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: HINCHLIFFE, BACHARACH, RYAN, HUGHES, AND MAYOR McTAGGART NOES: NONE ABSENT: NONE PUBLIC HEARING GENERAL PLAN Mayor McTaggart opened the public hearing AMENDMENT # 15 on this request to initiate a General & ZONE CHANGE #14 Plan Amendment and zone change to allow (701) present zoning of RS -2 to be changed to RS-4 zoning, and General Plan designation of 1 -2 dwelling units per acre to 2 -4 dwelling units per acre for two single family residential lots. The City Clerk reported that notice had been duly published and no written protests were received by the City. City Manager Guluzzy presented the March 5, 1985 staff memorandum which recommended that the Council adopt the proposed resolution denying this General Plan Amendment. COUNCIL -3- MARCH 5,1985 #700CP.2.2 Mr. Zamfirescu, the applicant in this matter reiterated his reason for requesting this zone change inasmuch as he felt that the lots would be com- patible with adjacent lots of the Cayman Tract. He stated his disagreement with being required to have such a large size lot in view of the character of that neighborhood. He said that his request was reasonable because the lots would be compatible with the neighborhood. Councilman Hinchliffe moved, seconded by Councilwoman Bacharach and carried, to close the public hearing on this matter. Councilman Hinchliffe moved, seconded by Councilman Ryan to approve the staff recommendation and adopt RESOLUTION NO. 85 -115' OF THE CITY OF RANCHO PALOS VERDES DENYING GENERAL PLAN AMENDMENT N0, 15 AND ZONE CHANGE N0, 14. TRACT NOS* 39672 & 39673 City Manager Guluzzy summarized the PAYMENT OF COASTAL IN -LIEU applicant's request that this matter be FEES scheduled for the March 19, 1985 Council (1411) meeting. Apparently, the applicant's attorney has not yet reviewed the matter Council discussed if this matter had any time constraints, if there were escrow instructions that would protect the City's interest and, generally, a strategy that would help bring this matter to a conclusion. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe and carried, that the staff should contact T & T using the recommendation in the staff report requesting that they come to the next meeting with their reaction to that recommendation. If this is not acceptable to them then they should have an offer that would be acceptable to the Council or the City will consider collecting on the bond. VARIANCE NO. 113 - City Manager Guluzzy presented the APPEAL OF PLANNING March 5 staff memorandum which recommend - COMMISSION'S DENIAL ed dismissal of the appeal thereby up- (1804) holding the Planning Commission's denial of this variance to allow an existing shed in the setback on the applicant's pro- perty. Mr. Steve Tondre, the applicant in this matter, cited the reasons for this shed and said that it did not affect the neighborhood and none of his neighbors have complained about the structure. He felt that the structure did meet all of the necessary findings. A lengthy Council discussion then followed on the fact that this shed cut off emergency access, if there was another area in the back yard that could have accommodated this shed, if unique circumstances existed since his home was adja- cent to Western Avenue, and if the shed was simply built to provide more storage space. COUNCIL -4- MARCH 5, 1985 #700CP.2.3 Representing the Planning Commission was Chairman Robert McNulty who explained the Commission's rationale in denying this variance. Further discussion continued on whether the shed could be built on the front of the house, or if it could be relocated so not to violate the side yard setback requirements. Councilman Hinchliffe moved, seconded by Councilman Hughes to deny the appeal of this variance. The motion carried on a 4 - 1 vote with Councilman Ryan voting in opposition. AUDIENCE QUESTIONS In response to the Mayor's call for audience questions was Sheila Hoff repre- senting the League of Women Voters. She presented a written statement on behalf of the League objecting to the Adjourned meeting of the City Council held in Palm Springs. (This statement is on file with the City Clerk's office.) RECESS At 9:10 P.M. the Mayor declared a brief recess. The meeting reconvened at 9:25 P.M. HAWTHORNE BOULEVARD City Manager Guluzzy presented the LANDSCAPING March 5 staff memorandum which stated (1404) that based on past experiences with the California Conversation Corps it is recommended that the City contract for the -installation of plant material on Hawthorne Boulevard instead of using the Corps. This would be the most effective in saving both time and money. Council then discussed the supervision required by the CCC versus that required by a contractor, if the CCC could provide their own supervisors, whether one of the supervisors could be trained by the staff to oversee the work being done, and other projects that the CCC has done for the City. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to adopt the staff recommendation which would require an expenditure of $24,500 The motion carried on the following roll call vote: AYES: HINCHLIFFE, BACHARACH, RYAN, HUGHES, AND MAYOR McTAGGART NOES NONE ABSENT: NONE In a nonrelated issue Council requested that staff consider using the CCC to remove the green carpeting along the Hawthorne Boulevard median. TRACT N0. 31714 - City Manager Guluzzy presented the LOT 19, REQUEST FOR March 5 staff memorandum which recom- SUMMARY EASEMENT mended that Council deny this request VACATION to vacate the pedestrian easement over (1408 X 1411) the northerly five feet of lot 19, Tract No. 31714, until such time as the ultimate use of the adjacent School District property has been established. COUNCIL -5- MARCH 5, 1985 #700CP.2.4 Representing the applicant in this matter was Realtor Edward Friend, 112 Cresta Verde Drive. He explained how the reversionary clause was not included in this easement and that the City's requirement for the easement was a hardship on the owner of the property. Mr. J. Mannino, the applicant in this matter, said that the easement has never been used and has never served for the purpose.intended. It is his intention to improve the property and install a fence. Representing the Planning Commission was Chairman Robert McNulty who said that the Commission denied this request based upon the fact that the School District, has not made final decisions about the property, however, the Commission would consider an encroachment permit which would allow use of the easement by the applicant. Council discussion then included the fact that as late as last year this site was being considered by the School District as a continuation school. The City Attorney suggested, however, that issuance of an irrevocable offer of dedication would be one means of accommodating the applicant's request. Councilwoman Bacharach moved, seconded by Councilman Hughes and carried, that this matter be continued to the next meeting to allow the City Attorney to pre- pare an irrevocable offer of dedication. REQUEST FOR WAIVER City Manager Guluzzzy presented the OF APPLICATION FEES March 5 staff memorandum which recom- FOR A VARIANCE mended that the Council deny the appli- (1804) cants request to waive the application fee for a variance because of alleged administration error and the enforcement of City regulations. The applicant in this matter, Frank Schlegel, 26822 Fond Du Lac Drive questioned whether the Council's decision on his request should be policy setting. He felt that the Planning Commission did not consider all of the aspects of his request. He cited the fact that the variance on his property has been in existence for 24 years. He moved into the property in 1983 and was unaware of the non - complying nature of his property. He objected to paying a penalty on a violation that was committed 24 years ago. Council then discussed that the fee could be waived without setting a policy on this type of request, Councilman Ryan moved, seconded by Councilwoman Bacharach to waive the fee in this matter. The motion carried on the following roll call vote: AYES: HINCHLIFFE, BACHARACH, RYAN NOES: HUGHES, AND MAYOR McTAGGART ABSENT: NONE The applicant was told that he would now have to file a variance application in this matter. FY 1986 HAZARD City Manager Guluzzy presented the ELIMINATION SAFETY March 5 staff memorandum which recom- PROJECTS APPLICATION mended that Council authorize the City (1404) Manager to apply for funds under the Hazard Elimination Safety Program for COUNCIL -6- MARCH 5, 1985 #700CP.2.5 FY 1986 projects and request that the Traffic Committee review project designs. Council then commented on the analysis of these projects: Number 3: whether a horse warning light was included in this project. Number 5: if the medians would be landscaped. Number 6: whether the School District had been contacted about this project since it is adjacent to Rolling Hills High School. Councilman Hinchliffe moved, seconded by Councilman Ryan and carried, to approve the staff recommendation on this matter. LIBRARY 1OK RUN - City Manager Guluzzy presented the REQUEST FOR DONATION March 5 staff memorandum which recom- (1201) mended that Council deny the request of the Palos Verdes Library District for a donation of funds to offset one half of the public safety services in. connection with their annual 10K Run. Addi- tionally, the memorandum explained the requirement necessitating the use of regular Sheriff's deputies for special event overtime in connection with such an event. In the past, regular deputies had been augmented by reserve officers, this change has resulted in an increase in the cost of providing safety services for the Run. Representing the Sheriff's Department was Captain Elmer Omohundro who explained the Young Bill and how it prohibits the use of reserve officers for such events. It was the consensus of Council that a letter should be sent to Senator Beverly and Assemblyman Felando requesting their introduction of legislation to repeal that Bill. It was also suggested that this matter be brought up at the next Contract - Cities meeting. Representing the Library District was Board Member Susan Seamans who stressed the importance of this Run to the Library District. Additional Council discussion took place on the appropriateness of the City contributing funds to the Run. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to deny the Library District's request. The motion carried on a 4 - 1 vote with Mayor McTaggart voting in opposition. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe and carried to contribute staff expertise and time to plan for this 10K Run. PALOS VERDES TRANSIT - PURCHASE OF ADDITIONAL VAN (1505) City Manager Guluzzy presented the March 5 staff memorandum which recom- mended that Council authorize purchase of an additional van for Palos Verdes Transit, with payment to be shared be- tween the City of Palos Verdes Estates and the County of Los Angeles, Council then discussed if there was enough ridership to support the purchase of an additional vehicle, the length of time it would take to deliver this vehicle, and if City logos would be used on the bus. Councilman Ryan moved, seconded by Councilwoman Bacharach to approve the staff recommendation which would require an expenditure of $9,500. The motion carried on the following roll call vote: AYES: NOES: ABSENT: HINCHLIFFE, BACHARACH, RYAN, HUGHES, AND MAYOR McTAGGART NONE NONE COUNCIL -7- MARCH 53 1985 #700CP.2.6 CITY COUNCIL REPORTS Sanitation District Charges Commenting that the Sanitation District (1402) would be voting on the request to increase their charges, Mayor McTaggart requested that he would like to have a consensus of the Council to make a positive vote for the charges at the upcoming District meeting. In a related matter, Councilman Ryan reported that the notice regarding the increase in charges had also been sent to residents not hooked up to the sewer system and that it would be necessary for these residents to write a letter to the District requesting that they be relieved of this charge. During Council discussion of these matters it was suggested that an article be put in the NEWSLETTER advising residents that they would have to write a letter requesting such relief. Additionally, it was requested that the Sanitation District Status Report be put in the Council Reading File. Council- woman Bacharach moved, seconded by Councilman Hinchliffe to authorize the Mayor to vote yes on this matter. The motion carried on a 3 - 2 vote with Councilman Hughes and Councilman Ryan voting in opposition. Regional Sheriff of the Eastview area into the Regional Pnq f of f; r a suggested a work session on this matter Councilman Hughes commented that the next meeting of the Regional Sheriff would be on March 20, 1985 and the incorporation Sheriff's Agreement would be discussed. Mayor McTaggart reported that the Sub- committee had met with Messrs. Goode and Warner; the Post Office is now interested in the upper Crestridge site. He for March 19, 1985 at 6:00 P.M. Cable Television Councilman Hughes reported that the cable companies are doing a cost analysis of providing cable service to certain parts of the City. City Attorney Dorsey briefly reported on a recent court decision effecting cable franchising in all cities. It was concluded that the City Manager would include a copy of the newspaper article about this case in his next Status Report to the Council. ITEMS REMOVED FROM THE CONSENT CALENDAR RESOL, N0. 85 -16 - ESTABLISHING SPEED LIMITS ON VARIOUS CITY STREETS (1502) Councilman Hinchliffe on this portion of P. Mayor McTaggart voting Councilman Ryan questioned whether the speed limit along this area of P.V. Dr. South should be increased considering the everchanging conditions on that road and questioned if it was premature to increase the speed limit on the road. Councilman Ryan moved, seconded by to amend this resolution by making the speed limit 25 MPH V. Drive South. The motion carried on a 4 - 1 vote with in opposition. COUNCIL -8- MARCH 5, 1985 #700CP.2.7 Ms. Sunshine, b Limetree requested that the warning sign for bumps be replaced at the east end of the slide area. She also requested that warning signs be installed at the left turn pocket lane into Pepper Tree, Councilwoman Bacharach moved, seconded by Councilman Ryan to adopt RESOLUTION N0, 85 -16 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING SPEED LIMITS ON VARIOUS STREETS WITHIN THE CITY as amended. The motion carried on a 4 - 0 vote, with Councilman Hinchliffe abstaining. Staff was directed to investigate installing the warning sign at the east end of the slide area and to look into the matter of the left turn pocket lane into Pepper Tree. VANDERLIP PARK PALM SPECIES (1201 ) JOINT POWERS INSURANCE AUTHORITY - CITY OF EL CENTRO (902) Expressing his concern about the appear- ance of the Mexican Fan Palm, Council- man Hinchliffe suggested the species be replaced with CoCo Palms. Councilman Ryan so moved, seconded by Councilman Hinchliffe and carried. approval of the admission of E1 Centro. admission. RECESS TO CLOSED SESSION ADJOURNMENT Reporting on the communication received from the Joint Powers Insurance Authority requesting the admission of the City of E1 Centro into the Joint Powers Authority Councilman Hughes requested the consensus of the Council in conveying the City's It was the consensus to approve this At 11:45 P.M. Council recessed to a Closed Session to discuss the American Sports Foundation lawsuit and the Horan settlement discussions. At 12:00 mid- night the meeting reconvened with no action taken. The meeting adjourned to 6:00 P.M. on March 19, 1985 on motion of Councilwoman Bacharach. wa/t MATfOIR COUNCIL -9- MARCH 5, 1985 #700CP.2.8