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CC MINS 19841016M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING OCTOBER 16, 1984 The meeting was called to order at 7:30 P.M. by Mayor Bacharach 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, HUGHES, McTAGGART, RYAN, AND MAYOR BACHARACH ABSENT: NONE Also present were City Manager Donald F. Guluzzy, City Attorney Steve Dorsey, Director of Environmental Services Sharon Hightower, Acting Administrative Services Director Greg Beaubien, City Clerk Jo Lof thus, Director of Public Works Gordon Siebert, Public Works Supervisor Charles Abbott, Associate Engineer Rusty Reed, Senior Planner Ann Negendank, Associate Planners Steve Rubin, and Greg Fuz, and Assistant Planner Gary Pedroni. CEREMONIAL MATTER Mayor Bacharach presented a proclamation to Peter Von Hagen and Ann Wilert representing the Palos Verdes Amateur Radio Club, in recognition of the wide variety of services that the organization has provided to the citizens and City Government of Rancho Palos Verdes. WAIVER OF FULL READING OF Councilman McTaggart moved, seconded by Council - ORDINANCES & RESOLUTIONS man Hughes 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 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 following additions: Post Office Relocation, Clovercliff Park Mainten- ance, Subdivision Signs in Seaview, and Use Of City Attorney For Code Enforcement. The agenda as amended was approved on motion of Councilman Hinchliffe, seconded by Councilman Hughes and carried. #701X -Al CONSENT CALENDAR The City Clerk announced that the following items were deleted from the Consent Calendar: Contract with Vernon Paving, (to be placed on the November 7 agenda), and Contract with Water Wells Company. The Consent Calendar was approved as follows on motion of Councilman Ryan, seconded by Councilman McTaggart and carried. MINUTES Approved the minutes of October 2, September 18, September 8, and September 4, 1984. ORDINANCE N0. 184 - Adopted ORDINANCE NO. 184 OF THE CITY OF RANCHO REPEALING ORDINANCE PALOS VERDES APPROVING ZONE CHANGE N0, 13 AND N0. 177U FOR THE REPEALING ORDINANCE N0. 177U FOR THE EASTVIEW EASTVIEW AREA AREA. (This ordinance was introduced on (701) August 7, 1984 and re- introduced on September 18, 1984.) ORDINANCE N0. 187 - Adopted ORDINANCE N0. 187 OF THE CITY OF RANCHO APPROVING CODE PALOS VERDES APPROVING CODE AMENDMENT N0. 18 AND AMENDMENT N0. 18 AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE (701) TO ESTABLISH STANDARDS FOR THE NEW ZONES IN THE EASTVIEW AREA. (This ordinance was introduced on September 18, 1984.) RESOLUTION N0. 84 -62 - Adopted RESOLUTION NO. 84 -62 OF THE CITY COUNCIL MILEAGE REIMBURSEMENT OF THE CITY OF RANCHO PALOS VERDES ADOPTING STANDARDS MILEAGE REIMBURSEMENT STANDARDS FOR ALL AUTHOR - (1202) IZED CITY EMPLOYEES. TRACT N0. 32322 - Extended the Tract Map for one year to a new EXTENSION OF TRACT expiration date of October 5, 1985. MAP (1411) COUNCIL POLICY - (1) Revised the eligibility criteria to establish DONOR RECOGNITION a separate category for volunteer labor that is of ( 306 X 1201) an on -going nature as follows: ' On -going volunteers receive a letter from the Mayor. Once 500 hours -is accumulated, receive recognition on a permanent 3" X 5" marker. (2) Schedule all future recognition ceremonies to take place in August/ September for the previous 12 months (July- June). COUNCIL -2- 10/16/84 #701X -A2 (3) Appropriate $350 from the General Fund to purchase and install donor recognition displays, and markers for donations received through June 30, 1984. FISCAL YEAR 1984 -85 Accepted the staff report and directed it be MINORITY BUSINESS forwarded to CALTRANS for approval. ENTERPRISE REPORT (601) CLAIM AGAINST THE CITY Rejected the claim and directed the City Clerk BY CECILIA CHEN to notify the claimant. (303) RESOL. N0. 84 -63 ADOPTED RESOLUTION N0, 84 -63 OF THE CITY COUNCIL REGISTER OF DEMANDS OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. RESOL. N0. 84 -64 ADOPTED RESOLUTION NO. 84 -64 OF THE CITY COUNCIL REGISTER OF DEMANDS OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID* RESOLUTION N0. 84 -65 APPROVING APPLICATION FOR GRANT FUNDS FOR PT. VICENTE PARK (1201) Adopted RESOLUTION N0. 84 -65 OF THE CITY COUNCIL OF THE CITY OR RANCHO PALOS VERDES APPROVING APPLICATION FOR GRANT FUNDS UNDER THE REGIONAL COMPETITIVE PROGRAM OF THE CALIFORNIA PARKS AND RECREATION FACILITIES ACT OF 1984 FOR POINT VICENTE PARK. The motion to approve the Consent Calendar was carried on the following roll call vote: AYES: McTAGGART, HINCHLIFFE, HUGHES, RYAN, AND MAYOR BACHARACH NOES: NONE ABSENT: NONE TENTATIVE PARCEL Associate Planner Rubin presented the staff memo - MAP 8666 — APPEAL OF randum of September 18 which recommended adoption DENIAL of a proposed resolution denying the appeal to (1410) this Parcel Map, thereby sustaining the Planning Commission °s denial. Representing the applicant was his attorney Gordon Phillips, who questioned both the length of time for processing this application and the denial based on grading requirements since no grading was involved. Council then commented that the delay was really caused in trying to acquire the adjacent parcel from the homes association. COUNCIL -3- 10/16/84 #701X -A3 Also representing the applicant was his engineer Edwin Saiki, Westco Engineering, 4431 W. Rosecrans Avenue, who summarized the background on the four lots, and questioned the application of the grading Code Section preventing the applicant from building on one of the three lots. He felt that all the lots were buildable. Council then commented that even if building was allowed on pilings had the applicant taken into consideration the City °s second story ordinance, and questioned if consideration was given to the fact that the lot was over 35% grade and considered open hazard. The applicant, George Gabric. 3157 Crownview Drive, stated that since the rains a couple of years ago the lot is no longer buildable. He said that nothing was said about this lot not being buildable at the time of application. Councilman Ryan moved, seconded by Councilman Hughes and carried to deny the appeal and requested staff to prepare a appropriate resolution for adoption at the next City Council meeting. VARIANCE N0. 102 - Assistant Planner Pedroni presented the staff APPEAL memorandum of October 16, 1984 which recommended (1804) affirmation of the Planning Commission °s decision and dismissing this appeal to allow a wall (in- cluding arch, pilasters) and wrought iron gates in excess of forty -two inches in height to encroach into required twenty -foot setback and the public right -of -way. Also presented were photographs of the wall. Council then questioned if it had been confirmed that this was not a pool wall, and if the wall really presented a traffic hazard. Robert E. Lyon, the applicant, told the Council that he was not living in the house when the cease and desist notice was delivered; he thought that his previous contractor had made an application for the variance. He cited drainage problems on this property necessitating the building of this wall and the fact that evidence had been found of a pre- existing wall. He said he would be willing to provide the City with liability insurance for this wall. Council then commented on the Planning Commission °s inability to make the findings to allow this wall since it was in the public right -of -way, if variances are granted for encroachments on City property, if this wall was in concert with the character of the neighborhood and how some adjacent shrubbery presented a visability problem. Councilman Hinchliffe moved, seconded by Councilman Ryan to direct staff to prepare a resolution with findings consistent with the applicant °s testimony, provide the necessary insurance provisions and incorporate the encroachment policy. The motion carried on a four - one vote with Councilman McTaggart voting in opposition. The applicant was told he would have to get an encroachment permit. COUNCIL -4- 10/16/84 #701X -A4 HAWTHORNE BOULEVARD Director Siebert presented the October 16 staff MEDIAN - LANDSCAPING report which recommended the following: (1404) (1) Authorize the Mayor and City Clerk to sign a contract with Century Landscape, Inc. to landscape the new Hawthorne Boulevard median at a cost not to exceed $54,000. (2) Authorize staff to purchase supplies and materials and use the CCC to do planning at a cost not to exceed $20,800; and, (3) Transfer $1,750 from the Capital Improvement Project budget to Median Maintenance in the Operating budget. Council then inquired about the type of sprinkling system to be used, if a drip system would be more economical, and its effectiveness, considering the slope of the area to be landscaped. Additional discussion centered on whether the CCC could do Phase II of this project; if it was found that they couldn °t then the whole project would have to be re -bid. After comments about whether a subcommittee of Councilmen Ryan and McTaggart should review the irrigation system, Councilman Hinchliffe moved, seconded by Councilman Hughes and carried to approve the staff recommendations, provided that no delay was recommended by the subcommittee. The motion carried on the following roll call vote: AYES: McTAGGART, HINCHLIFFE, HUGHES, -RYAN, AND MAYOR BACHARACH NOES: NONE RECESS At 9:00 P.M. the Mayor declared a brief recess. The meeting reconvened at 9:15 P.M. MORATORIUM EXEMPTION Senior Planner Negendank presented the October 16 NO. 10 - APPLICANT: staff report which recommended denial of this DAVID LEEPER request for a moratorium exemption to allow a (1801) portable building, trailer, mobile home or motor home, or similar unit. In response to Council °s question, the applicant David leeper, #1 Roseapple, said that he bought the property two or three years ago. He wanted to have a caretaker live on the property to maintain the landscaping. Councilman Ryan moved, seconded by Council McTaggart and carried to approve staff recommendation denying the exemption. NUISANCE ABATEMENT Assistant Planner Fuz presented the October 16 #1 ROSEAPPLE staff report which recommended that Council (701) authorize staff to proceed with nuisance abate- ment at #1 Roseapple if the cause of the nuisance has not been eliminated by the property owner by the first week in November. The property owner, David Leeper, said he would like to do something with the pool and felt there should be an investigation of possible alternatives. COUNCIL -5- 10/16/84 #7O1X -A13 Council then discussed if this was a reasonable amount of time to abate this nuisance; Mr. Leeper could remove the debris from the pool himself. Councilman Ryan moved, seconded by Councilman McTaggart and carried, to approve the staff recommendation to proceed with the abatement procedure as noticed. NUISANCE ABATEMENT - Assistant Planner Fuz presented the October 16 2068 JAYBROOK staff report which recommended -that staff be (701) authorized to proceed with nuisance abatement at 2068 Jaybrook if the causes of the nuisance (unsightly accumulation of discarded material) had not been eliminated by the property owner within the time specified in the Notice'of Intention to Abate a Public Notice. After Council comments on the length of time it took to proceed with these nuisance abatements, and if there was a way to expedite them, Councilman Ryan moved, seconded by Councilman McTaggart and carried to approve the staff recommendation to proceed with the abatement procedure as noticed. MORATORIUM AREA REQUEST TO ALLOW ELECTRICAL HOOK -UPS (1801) cultural uses. The applicants to underground the utilities i nAssociate Planner Rubin presented the October 16 staff memorandum which recommended approval of this request to waive the requirements of Section 17.48.020 of the City °s Development Code to allow above groundwater and power hook - ups to Lots 20 and 21 of Tract 14195 for horti- in this matter had consented to sign an agreement this area should that become feasible. Council then questioned allowing horses on these lots since there was no adjacent homeowner to care for them, the volume of irrigation to be done, and the monitoring device to be used to prevent overwatering. Representing the Portuguese Bend Homeowners Association was Susan Hendleman, 38 Narcissa Drive, who pointed out that keeping horses on the lots involved would be a violation of that organization °s CC &Rs. During Council discussion it was revealed that the owners of this property wanted only to use it for planting and not for boarding horses. Council then inquired 'if battery - powered electrical units should be used instead of hooking up electrical lines. Councilman Ryan moved, seconded by Councilman Hinchliffe and carried, to approve the staff recommendation, but delete any references to keeping horses on the property After discussion of possible violation of the City °s Code dealing with horses in that area and the violation of the Association °s CC &Rs, it was the consensus that staff should meet with representatives of the association to find out if there are violations of the CC &Rs or the City °s Code. Staff is to report to Council on this matter. COUNCIL -6- 10/16/84 #701X -A14 SUBDIVISION SIGNS - Director Hightower presented the staff memorandum PUBLIC RIGHT -OF -WAY recommending the following: (1) Approve four (SEAVIEW RESIDENTOS signs and lights. (2) Require a sign permit. ASSOCIATION) (3) Waive the liability insurance policy with (808 X 1801) requested encroachment permit. (4) Direct staff to develop a policy for liability insurance for permits for Council approval. It was determined after Council discussion that the Joint Powers Insurance Association could not arrange for insurance on this type of permanent encroach- ment. Representing the Residents Association was George Cannady, 4037 Admirable Drive, who described the sign placques to be installed and cited the difficulty in acquiring the kind of insurance the City was requesting. Councilman Ryan moved, seconded by Councilman Hughes and carried to approve the staff recommendation. COUNCIL SUB - COMMITTEES Peninsula Transit Director Siebert reported on the usage of the Palos Verdes Transit by both residents of the City and Rolling Hills Estates. School Liaison After discussion of the dates for the School District to vacate the building, it was the consensus that a timeline on this matter should be placed on the November 7 agenda. Regional Sheriff Council requested that the City Manager get a copy of the Traffic Enforcement Index for the City for the Sub - committee. Landslide Committee Councilman Hughes commented on the sub - committee °s meeting with Dr. Perry Ehlig on October 15 where they discussed some of the technical presentation for the October 22 meeting. Council then proceeded to discuss the make -up of the October 22 Town Hall meeting and it was concluded that the written questions portion of the meeting should be at least 45 minutes; that the work -shop should start at 8:45 P.M. Council-requested that the question and answer sheet be placed on the Channel 3 Reader and notice -of the hearing be placed on the'Golden Cove message board. COUNCIL -7- 10/16/84 #701X -A15 Cable TV Councilman Hughes report that the ordinance was in final draft and that the sub - committee of _himself and Mayor Bacharach would be meeting again next week. The ordinance is scheduled to be on the November 7 agenda. Post Office Councilman Ryan reported that since the Post Office is negotiating with Palos Verdes Properties to relocate the post office on Crestridge he would like an update on those negotiations and wanted the City to be involved in this matter. After Council discussion of whether to send a letter to the Post Office, it was concluded that a letter should be sent stating the City °s recognition of the Post Office °s need for an appropriate location, and suggest locations such as near the fire station in Peninsula Center or perhaps on Western Avenue. A copy of the letter should go to the City of Rolling Hills Estates. Clovercliff Park - Maintenance After Councilman Ryan °s comments on the lack of maintenance at this Park, it was concluded that the Public Works Department make a determination on whether these were design or maintenance problems. A follow -up will be made in the City Manager °s weekly status report. CITY HALL CLOSURE - City Manager Guluzzy presented the staff report CHRISTMAS EVE of October 10, which recommended authorizing (302) him to close City Hall to the public on December 24, 19840 Councilman Hinchliffe moved, seconded by Councilman Hughes and carried, to approve staff recommendation. REVENUE SNARING ACT - City Manager Guluzzy cited Federal regulations HANDICAPPED DISCRIMINATION - requiring this self - evaluation report. SELF EVALUATION (601) It was the consensus of Council to receive and file this report. PALOS VERDES DRIVE Public Works Supervisor Abbott presented the SOUTH - LANDSLIDE staff report of October 16 which recommended AREA that staff be directed to make the necessary (1801) preparation for getting Palos Verdes Drive South rebuilt along alignment No. 3. (This alignment represents a compromise of the two other suggested alignments. The impacts to the property owners is less and the cost of the project is the least of all the alternatives. The impact on traffic during construction is minor and the biggest advantage in getting rid of the two sharp curves at both ends of the alignment.) COUNCIL -8- 10/16/84 #701X -A16 Council then discussed the effects on the property owners, the fact that the road would be 50 feet from two houses, why this suggested area was considered more stable, the funding sources for this project, the condition of the two homes nearest the road, what will be done with the existing utilities, and if the Sanitation.District will be moving their pipes also. Additional comments.followed on how the release of CDBG Funds by Fish & Game could be speeded up, and if this issue of moving the road should be placed on the October 22 Town Hall agenda. CITY ATTORNEY - CODE After discussion of how the District Attorney ENFORCEMENT handled the City °s Code Enforcement cases, it (1801) was the consensus that staff should prepare a report on how cases have been handled by that office for the past two years. Additionally, that the City Attorney should find out if it is allowable for the District Attorney to handle only some of the City °s cases. ITEMS REMOVED FROM THE CONSENT CALENDAR: PORTUGUESE BEND - The City Attorney briefed the Council on a STABILIZATION STUDY - recent Fair Political Practices Commission TEST DEWATERING opinion dealing with conflict of interest and (1801) how this may apply in the case of Councilman Hinchliffe, since he lives in the area affected by the installation of these test wells and pumps. Since his homes association is negotiating for the purchase of the property from Palos Verdes Properties, he recommended that Councilman Hinchliffe not participate in any decision that could affect the value of the land that he may be able to purchase at the end of October. Councilman Hughes moved, seconded by Councilman McTaggart to approve the staff recommendation to authorize the Mayor and City Clerk to sign a contract with Water Well Supply for a sum not to exceed $6,000. The motion carried on the following roll call vote: AYES: McTAGGART, HUGHES, RYAN, AND MAYOR BACHARACH NOES: NONE ABSTAIN: HINCHLIFFE ADJOURNMENT ATTEST: y C erk At 11:25 P.M. the meeting adjourned to October 22 at 7:30 P.M. on motion of Councilman Hughes. Q--A F. geP t Mayor COUNCIL -9- 10/16/84 #701X -A17