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CC MINS 19950502M I NOT 8 S RANCHO PALOS VBRDES CITY COIINCIL REGULAR MEETING MAY 21 1995 The meeting was called to order at 7:00 p.m. by Mayor Lee Byrd at the Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BROOKS, McTAGGART & MAYOR BYRD ABSENT: LYON Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, Planning Director Bret Bernard, Public Works Director Trent Pulliam, Senior Admin. Analyst Veronica Dolleschel, Senior Planner Joel Rojas, Associate Planner Terry Silverman, Associate Planner Donna Jerex , City Clerk Jo Purcell, and City Attorney Carol Lynch. Mayor Byrd reported that Mayor Pro Tem Lyon was absent because of an illness in her family APPROVAL OF AGENDA: After removal of the item entitled "Appointment to the Vector Control Board" Councilwoman Brooks moved, seconded by Councilman McTaggart to approve the agenda. Motion carried. APPROVAL OF CONSENT CALENDAR: Councilwoman Brooks moved, seconded by Councilman McTaggart to approve the Consent Calendar as follows: Lois Larue, 3136 Barkentine Road, spoke to the following items on the consent calendar: minutes of April 20, 1995, the disposal of City vehicles via auction, Ordinance No. 308, the California Marine Affairs and Navigation Conference Board of Directors Election and the Abalone Cove Beach Policy for Senior Citizens. Bob Ciriello, 5445 Nancy Road, voiced his disagreement with Ordinance No. 308 saying that it was a duplication of what already existed at the County level and that it was unduly harsh. City Manager Bussey clarified that this ordinance was an amendment to what had existed for the past fifteen years; that it was necessary to have the process defined because this is the City procedure for conducting the vicious dogs cases that have been heard by the City. In further explanation and clarification of the ordinance, City Attorney Lynch reported that this ordinance reflected the language existing in the State's Agricultural Code. WAIVER OF FULL READING: Adopted a motion to waive reading in full of all ordinances adopted at this meeting with consent to the waiver of reading deemed to be given by all Councilmembers after the reading of the title. 0 MINUTES Approved the minutes of April 20, 19950 AUCTION OF CITY VEHICLES (602) Authorized the disposal of two vehicles through public auction. CONTRACT FOR RPV PARK STAIRWAY ACCESS (1204 x 1201) (1) Awarded a contract to Excel Paving Company for the construction of the Rancho Palos Verdes Park stairway access project in the amount of $9,390 and authorized staff to spend up to an additional $610 to cover project contingencies for a total authorization not -to- exceed $10,000; and (2) authorized the Mayor and City Clerk to execute a contract with Excel Paving Company for the construction of said project. NOTICE OF COMPLETION - P.V. DR. SO. RESURFACING SILVIA CONSTRUCTION, INC. (1204 x 1404) (1) Accepted the work as complete; (2) authorized the City Clerk to f ile a Notice of Completion with the County Recorder; and if no claims are filed 3 5 days after recordat ion , and upon the contractor posting an acceptable security, notice the surety company of the exoneration of the payment and performance bonds; and (3) authorized the finance director to release the 10% retention payment 35 days after recordation of the Notice of Completion by the County Recorder contingent upon no claims being filed on the project, and the contractor posting acceptable security. ORDINANCE NO. 308 - POTENTIALLY DANGEROUS AND VICIOUS DOGS (104 x 1101) ADOPTED ORDINANCE NO. 308 AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING CHAPTER 6.32 RELATING TO POTENTIALLY DANGEROUS AND VICIOUS DOGS AND AMENDING CHAPTER 6912 RELATING TO THE TERM OF DOG LICENSES. CALIF. MARINE AFFAIRS & NAVIGATION CONFERENCE (CMANC) BOARD OF DIRECTORS ELECTION (306 X 1101) City Council Minutes May 2, 1995 Page 2 Authorized the Mayor to vote in the CMANC board of directors election and approve the proposed amendments to the CMANC by -laws dated February 27, 19950 SENIOR CITIZENS ADMISSION POLICY - ABALONE COVE (1201 X 602 X 306) Confirmed the City's current admission policy of free admission during the off-season months of Labor Day through Memorial Day for senior citizen parking at Abalone Cove Beach, and authorized inclusion of such a policy into the City Council policy manual. REGISTER OF DEMANDS (602) ADOPTED RESOL. NO. 95 -39 - THE REGISTER OF DEMANDS. MIRALESTE REC. & PARK DISTRICT - APPOINTMENT OF BOARD MEMBER (12 0 0 X 301) Confirmed the appointment of Nenad Viducic to the board of the Miraleste Recreation & Park District to serve until December 1995. KAJIMA OFFSITE DEBRIS STRUCTURE - DESIGN CONTRACT (1204 X 1411) (1) Awarded a contract to Psomas & Associates for professional design services related to the Kajima offsite timber and rail debris structure. (2) Authorized the Mayor and City Clerk to execute an agreement with Psomas to provide consultant services at a fixed fee of $43,700, plus authorize staff to spend up to $5,300 for additional direct costs and a contingency for a total authorization of $49,000. LOAN AGREEMENT REVISION WITH RDA - STORM EXPENSES (1900 X 602 X 1204 X 401) Approved the revised loan agreement dated May 2, 1995 authorizing the loan of $75,000 in general funds to the Redevelopment Agency in FY 94 -95 for the second wave of storm related costs. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: McTAGGART, BROOKS AND MAYOR BYRD NOES: NONE ABSENT: LYON City Council Minutes May 2, 1995 Page 3 RECYCLE DRAWING: Director Pulliam drew a card from the recycle drum for the month of May. The winner will be announced at the next meeting. PUBLIC HEARING: CODE AMENDMENT NO. 40; PROPOSED AMENDMENTS TO MUNICIPAL CODE CHAPTER (12 0 3 x 110 3 ) Mayor Byrd opened the public hearing on Code Amendment No. 40. Jo Purcell the City Clerk announced that notice of this hearing had been duly published and that no written protests had been received by the City. Associate Planner Jerex presented the staff report of May 2 and the recommendation to consider the comments received to -date regarding the draft negative declaration associated with amended and re- circulated Environmental Assessment No. 666 for proposed amendments to Chapter 15.20 of the Municipal Code; and, continue the hearing to May 16 for introduction of the ordinance. REGULAR BUSINESS: C.U.P. NO. 182 APPEAL - MOBILE GAS STATION (701 x 1203 x 1804) Associate Planner Terry Silverman presented the staff report of May 2 and the recommendation to adopt proposed resolutions denying the appeal thereby upholding the Planning Commission's decision and adopting the Mitigated Negative Declaration prepared in association with Environmental Assessment No. 667, and denying the appeal, thereby upholding the Planning Commission's decision and approving C.U.P. 182, with conditions. And, lastly, that the Council deny the appeal thereby upholding the Planning Commission's decision and conditionally approving Sign Permit No. 720 via minute order. City Attorney Lynch reminded all participants in this matter that the only items that were up for discussion was the language of the resolutions and the unsettled issue of the location of the propane tank and signs. Bill Myers, owner of the Mobil Gas Station, said that it may be possible to remove the Mobil Pegasus sign from the side of the building. With regard to the location of the propane tank, however, he requested that the Council consider approve locating it at either the northeast corner or along the western side as shown on the plans; either location would fulfill both Fire department and City setback requirements. Council discussion focused on the location of the propane tank and City Council Minutes May 2, 1995 Page 4 a good deal of concern was voiced over the potential hazard presented by this gas, especially since it was elevated above homes. With regard to the suggestion that it be located on the Granvia Altamira side of the property, the concern here was the possibility of the tank being hit by a car. Appellant Nancy Moore, 6344 Villa Rosa, enumerated the conditions of the proposed resolutions and conditional use permit that she objected to. City Attorney Lynch reiterated her advice that the only action to be considered by the Council was the language of the resolutions, location of signs and propane tank; and, that unless another public hearing was held, there could be no deviation from Council's prior action. Appellant Ken Moore, presented a news article citing the direct relationship between the number of businesses selling alcohol and the level of violent offenses in an area. Additionally, he requested that the applicant submit a business plan and traffic analysis substantiating the amount of business projected for the proposed project. Council next discussed the various components of this project and questioned how important it was for lights to be installed around the perimeter of the building. Also challenged was the necessity of having the air and water service located at the rear of the building instead of at the front of the facility making it less intrusive for the surrounding homes; and, if the Mobil pegasus sign planned for the side of the building could be substituted with a bigger one on the front. Mr. Myers assured the Council that the lights were cast toward the building and not downward nor outward; that the air and water service had been in the same location for twenty years because it served to break up the flow of traffic and prevent congestion at the front of the site; and, that he would be willing to forego the pegasus sign on the side of the building. With regard to the location of the propane tank, it was the consensus that this usage should be deleted because there didn't appear to be any means of reducing potential impacts posed by its presence; additionally, it was the consensus that the Mobil pegasus sign should be eliminated from the side of the building but that larger pegasus signs could be placed on the stanchions under the canopy, and that the proposed resolutions be amended to reflect these changes. A brief discussion ensued about Council's ability to prevent the future sale of alcohol at this gas station inasmuch as city councils cannot prevent future councils from taking action. The City Attorney, however, opined that state law prevented city City Council Minutes May 2, 1995 Page 5 councils from adopting laws forbidding the concurrent sale of alcohol and gasoline. Councilwoman Brooks moved, seconded by Councilman McTaggart to adopt as amended RESOL. NO. 95 -40 DENYING THE APPEAL, THEREBY UPHOLDING THE PLANNING COMMISSION'S DECISION AND ADOPTING THE MITIGATED NEGATIVE DECLARATION PREPARED IN ASSOCIATION WITH ENVIRONMENTAL ASSESSMENT NO, 667. Motion carried. Councilwoman Brooks moved, seconded by Councilman McTaggart to adopt as amended RESOL. NO. 95 -41 DENYING THE APPEAL, THEREBY UPHOLDING THE PLANNING COMMISSION'S DECISION AND APPROVING CONDITIONAL USE PERMIT NO. 182, WITH CONDITIONS. Motion carried. Councilman McTaggart moved, seconded by Councilwoman Brooks to deny the appeal thereby upholding the Planning Commission's decision and conditionally approving Sign Permit No. 720 as modified. Motion carried. RECESS & RECONVENE: At 8:00 p.m. Mayor Byrd declared a recess. The meeting reconvened at 8:22 p.m. WESTERN AVENUE SPECIFIC PLAN PROJECT (1203) Due to the absence of Councilwoman Lyon, it was the consensus to continue this matter to May 16, 19950 RECYCLING GRANT GUIDELINES & ADOPT -A -ROAD PROGRAM (1301 x 1204 ) Senior Administrative Analyst Dolleschel presented the staff report of May 2 and the recommendation to approve the subcommittee's (Lyon /Brooks) recommendation: (1) An annual grant program with the following timeline: Grants to be awarded toward the end of the fiscal Y ear when data is gathered about the amount of recycling revenue available. January — mail applications to homeowners associations and neighborhood groups /advertise program. April 30 - applications due. May - Review grants. June - Award grants. (2) The maximum grant amount was reduced to $2,500. ( 3 ) Projects must be completed within one year of the date of the grant award notification letter. (4) Grant applications must be approved by a homeowners association executive board or an ad hoc neighborhood group committee of at least five residences. (5) Funding priorities were specified as follows: projects that beautify neighborhoods visible to the general public from major roadways, improve safety, and those projects that include matching funds from the Homeowners Association or Neighborhood Group* ( 6 ) If sufficient funds were not available to award the requested grant amounts, then the funds would be evenly split amongst eligible applicants. (7) Abandon the adopt -a -road program. City Council Minutes May 2, 1995 Page 6 After a brief discussion of the various components of the guidelines, it was the consensus to gain experience with this program for a year; if necessary, then some fine tuning of the criteria could be done. Staff was requested to send a letter to the Ladera Linda Homeowners Association and especially to the two individuals who had worked with the subcommittee on these guidelines. TEMPORARY CLOSURE OF CRESTRIDGE ROAD (1204 x 1408) Council waived reading of the staff report and Councilwoman Brooks moved, seconded by Councilman McTaggart to approve the staff recommendation to authorize the Director of Public Works to issue an encroachment permit for the temporary full closure of Crestridge Road between Crenshaw Boulevard and 750 feet westerly, October 20, 1995, 12:00 P.M. Noon through 5:30 P.M., Sunday, October 22, 1995, subject to the conditions imposed by the Traf f is Committee. Motion carried. ORAL REPORT ON TRIP TO WASHINGTON Mayor Byrd and Councilman McTaggart reported that the CMANC conference they attended in Washington, D.C. the week of March 27 and that the purpose of their visit was to lobby for the feasibility study with the Army Corps of Engineers. It was their feeling that through the'City's participation in CMANC that they were very successful in meeting with members of Congress and with representatives of Fish & Wildlife who now understand the City's project. Councilwoman Brooks moved, seconded by Councilman McTaggart to receive and file the report. Motion carried. VOTER FRAUD - SUPPORT THE CITY OF ROSEMEAD RESOLUTION URGING REFORM OF THE STATE VOTING LAWS (501) Speaking in opposition to Council's support of the Rosemead resolution was Bob Ciriello, representing the ACLU, who referred to the May 2 letter from the American Civil Liberties Union of Southern California stating their objection to the resolution because it ". .unnecessarily advocates increasing the difficulty for a citizen to vote." (This letter is on file with the City Clerk's Office.) Mr. Ciriello objected to the Council supporting such a resolution because, among other things, there was not a full five member Council. Lois Larue also spoke in opposition to this resolution. Council discussion of this matter centered on the voter fraud that City Council Minutes May 2, 1995 Page 7 has been found to exist, the fact that California is one of only a few states not requiring voter identification at the time of voting and that whereas people should be encouraged to vote, nonetheless safeguards were needed to ensure that only legal residents voted and voted only once. Mayor Byrd moved, seconded by Councilman McTaggart to send a letter in support of this resolution. Motion carried. AUDIENCE COMMENT: Responding to the Mayor's call for comments for items not on the agenda were the following speakers: Connie Perica, 2649 Via Olivera, Palos Verdes Estates, presented a prepared statement dated May 2 requesting a compromise in the matter of Dr. Hunt's property at 6740 Seacove Drive. Ms. Perica was advised that staff would prepare a letter advising the applicant what could be done to comply with Council's direction on this matter. Lois Larue spoke about her experience serving at the polls and about a fire notice received from the fire department. Bob Ciriello inquired about the City's procedure for getting a discount on the purchase of composting bins. He was advised to contact staff about this matter. ADJOURNMENT: At 9:30 p.m. Council adjourned to 9:00 a.m. for a Community Leader Breakfast at Ladera Linda on motion of Councilwoman Brooks. ATTEST: I ITY CLERK a:5295CCM MAY 2 95 CCMINS MAYO City Council Minutes May 2, 1995 Page 8