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CC MINS 19941220M I N U T E S REGULAR MEETING RANCHO PALOS VERDES CITY COUNCIL DECEMBER 20, 1994 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, LYON, McTAGGART & MAYOR BYRD ABSENT: NONE Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, Planning Director Bret Bernard, Planning Administrator Carolynn Petru, Public Works Associate Engineers Dean Allison and David McBride, Senior Administrative Analyst Veronica Dolleschel, City Clerk Jo Purcell, and City Attorney Carol Lynch. CEREMONIAL EVENT: ( 304 ) Mayor Byrd presented a ceremonial plaque to former mayor and now State Assemblyman Steve Kuykendall, in recognition and appreciation of his tenure on the City Council from November 1991. Council also presented Assemblyman Kuykendall with a poster picture of the Pt. Vicente Lighthouse as a memento of his service to the City. APPROVAL OF AGENDA: Councilwoman Brooks moved, seconded by Councilman McTaggart, to approve the agenda as presented. Motion carried. APPROVAL OF CONSENT CALENDAR: City Clerk Purcell announced that at the request of Councilman McTaggart the SCAG item would be discussed at the end of regular business. Councilwoman Brooks moved, seconded by Councilman McTaggart, to approve the Consent Calendar as follows: WAIVER OF READING ADOPTED A MOTION 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 THE READING OF THE TITLE. ORDINANCE NO* 305 - AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO* 1 (1101 X 1103 X 1900) ADOPTED ORDINANCE NO. 305 OF THE CITY OF RANCHO PALOS VERDES AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1 OF THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY. (THIS ORDINANCE WAS INTRODUCED AT THE DECEMBER 6 MEETING). CO- SPONSORSHIP OF NATURE BIKES (305 X 1201) GRANTED THE PALOS VERDES LAND CONSERVANCY`S REQUEST FOR THE CITY TO CO- SPONSOR TEN NATURE WALKS WHICH WOULD BE CONDUCTED AT VARIOUS CITY LOCATIONS THROUGHOUT 1995 AND INTO JANUARY 19960' RESOL. NO. 94 -97 - SCHOOL CROSSING GUARD (602 X 1101 X 1401) ADOPTED RESOL. NO. 94 -97 AMENDING RESOLUTION NO. 94 -47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1994 -95, FOR A BUDGET ADJUSTMENT TO THE PUBLIC SAFETY SPECIAL PROGRAMS ACCOUNT AND A CORRESPONDING ADJUSTMENT TO THE MISCELLANEOUS REVENUES ACCOUNT. REFUSE COLLECTION (1204 X 1301) (1) APPROVED THE REVISED NON - EXCLUSIVE COMMERCIAL FRANCHISE AGREEMENT. (2) AUTHORIZED THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT FOR NONEXCLUSIVE COMMERCIAL REFUSE COLLECTION AND DISPOSAL SERVICES WITH (A) ACE ROLLOFF RUBBISH SERVICE, (B) ANGELES- HUDSON, INC. (C) BROWNING - FERRIS INDUSTRIES (BFI), (D) EDCO DISPOSAL SER, ( E ) IVY RUBBISH DISPOSAL, ( F ) WASTE MANAGEMENT OF LOS ANGELES, AND (G) WESTERN WASTE INDUSTRIES EFFECTIVE JANUARY 1, 1995 THROUGH DECEMBER 31, 1995. RESOL. N09 94 -98 - SILVER SPUR UNDERGROUNDING (901 X 1204) ADOPTED RESOL. NO. 94 -98 CALLING FOR A PUBLIC HEARING TO ASCERTAIN WHETHER TO ORDER IMPROVEMENTS IN THE SILVER SPUR UNDERGROUNDING DISTRICT PURSUANT TO CHAPTER 12.12 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. LANDSCAPE & LIGHTING DISTRICT REIMBURSEMENT (1204 X 1405) AUTHORIZED A $10,900.79 REIMBURSEMENT TO WESTERN RIVIERA INVESTORS, ET AL., FOR OVERPAYMENT OF THE FY 1992 -93 THROUGH FY 1994 -95 LANDSCAPE AND LIGHTING DISTRICT FEES TO BE PAID IN A LUMP SUM IN APRIL 1995. RESOL. NO. 94 -99 - DALADIER UNDERGROUNDING DISTRICT ABANDONMENT (901 X 1204) ADOPTED RESOL. NO, 94 -99 ABANDONING PROCEEDINGS IN CONNECTION WITH RANCHO PALOS VERDES IMPROVEMENT DISTRICT NO. 5A, DALADIER DRIVE, ET AL., RESCINDING RESOLUTION NO. 89 -31, AND AUTHORIZING THE REFUND OF ASSESSMENTS. AMERICAN WITH DISABILITIES ACT (1101 X 1202) APPROVED THE PROPOSED ADA SELF - EVALUATION PLAN AND AUTHORIZED STAFF TO IMPLEMENT MODIFICATIONS TO CITY FACILITIES AS NECESSARY WHERE FUNDS ARE AVAILABLE AND BUDGETED, RESOL. NO. 99 -100 - REGISTER OF DEMANDS (602) ADOPTED RESOL, NO. 94- 100. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: LYON, McTAGGART, BROOKS & MAYOR BYRD NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY COUNCIL APPOINTMENT (106 X 301 X 306) City Clerk Purcell presented the staff memorandum of December 20 and the following recommendations: (1) MAKE AN APPOINTMENT TO FILL THE VACANCY ON THE CITY COUNCIL, SAID TERM OF OFFICE UNTIL NOVEMBER 71 1995; OR, (2) DIRECT STAFF TO MAKE PREPARATIONS TO CALL A SPECIAL ELECTION FOR JUNE 6, 1995. Lois Larue, 3136 Barkentine, stated her objection to making an appointment to fill the vacancy. CITY COUNCIL MINUTES DECEMBER 20, 1994 PAGE 2 After six rounds of voting, none of which resulted in one person receiving the required majority of three votes, Mayor Byrd moved, seconded by Councilwoman Lyon to move this matter to the end of the agenda. Motion carried. SELECTION OF COMMITTEE AND COMMISSION CHAIRS (106 X 301) City Clerk Purcell presented the staff memorandum of December 20 and the recommendation to make the selection of committee and commission chairs for the forthcoming year. Councilwoman Brooks moved, seconded by Councilman McTaggart to select Nick Mowlds as Chairman of the Planning Commission. Motion carried. Councilwoman Brooks moved, seconded by Councilman McTaggart to select Jon Cartwright as chairman of the View Restoration Commission. Motion carried. Councilwoman Lyon moved, seconded by Councilwoman Brooks, to select Robert Moore as chairman of the Finance Advisory Committee. Motion carried. Councilwoman Brooks moved, seconded by Mayor Byrd to select Gordon Whitney as chairman of the Traffic Committee. Motion carried. Mayor Byrd moved, seconded by Councilwoman Brooks to select Christina Bothamely as Chairwoman of the Recreation & Parks Committee. Motion carried. CITY HALL OFFICE SPACE (302 X 1201 X 1203) Code Enforcement Officer George Rodericks presented the staff memorandum of December 20, 1994 and the following recommendations: (1) AUTHORIZE THE RECREATION & PARKS DEPARTMENT TO MOVE TO THE UPPER CATALINA WING (THE FORMER ABBOTT WING) OF THE MAIN CITY HALL BUILDING (OPTION 1) DURING THE FISCAL YEAR 1995 -96 AND DIRECT STAFF TO INCLUDE ADEQUATE FUNDS IN THE FY 1995 -96 BUDGET TO FUND THE NECESSARY MODIFICATIONS TO THE UPPER CATALINA WING. (2) IF COUNCIL WISHES TO MODIFY THE CURRENT RECREATION AND PARKS BUILDING FOR USE AS A CITY COUNCIL CHAMBERS /COMMUNITY ROOM, DIRECT STAFF TO INCLUDE ADEQUATE FUNDS IN THE FY 1995 -96 BUDGET TO FUND FOR THE NECESSARY MODIFICATIONS. Lois Larue, questioned the accessibility of the Recreation & Parks Dept. if it was moved to the second floor of the Catalina Wing and also whether the present Recreation & Parks Building would be large enough to serve as council chambers. After a brief discussion of the amount of time involved in setting up the room at Hesse Park to serve as council chambers, Councilwoman Lyon moved, seconded by Councilman McTaggart to consider this matter during the FY 1995 -96 budget sessions. Motion carried. VIEW RESTORATION COMMISSION (307 X 1203 X 1806) Planning Administrator Petru presented the staff report of December 20 and the recommendation to introduce the proposed ordinance expanding the authority of the View Restoration Commission to enable that commission to recommend for City Council adoption development code amendments relative to view restoration issues. .Discussion of the proposed City Tree Review Permit (which is part of the upcoming Development Code Revisions) clarified that the requirement for a hearing for trimming City trees would occur only if there was a disagreement between staff and the property owner. Concern was expressed whether the proposed change in the Commission's duties would change the original Proposition "M" ordinance, especially in terms of establishing multiple viewing areas from a property. CITY COUNCIL MINUTES DECEMBER 201 1994 PAGE 3 Staff clarified that the proposed ordinance did not effect Proposition M, only the provisions in the Municipal Code which gave the View Restoration Commission authority to comment on changes to Proposition M. Councilman McTaggart moved, seconded by Councilwoman Lyon to schedule a joint meeting with the View Restoration and Planning Commissions. Motion carried. MEETING WITH RECREATION & PARKS COMMITTEE. (307 X 1201) Recreation & Parks Director Rosenfeld presented the staff memorandum of December 20, 1994 and the recommendation to select a date for a joint workshop with the Recreation & Parks Committee to discuss Measure "A" park funds. Council set Saturday, January 21 at 9:00 A.M. to meet with the Recreation & Parks Committee. Said meeting to end at 11:00 A.M. to be immediately followed by a meeting with the View Restoration and Planning commissions. KAJIMA OFFSITE DEBRIS BASIN (1204 X 1411 X 1900) Project Engineer Cathy Rosen presented the staff report of December 20 and the following recommendations: (1) discontinue efforts to obtain county approval of an offsite debris basin and finalize the design to comply with city standards. (2) Authorize staff to prepare construction bid documents for a debris basin designed to city standards, advertise for bids, and submit the bid results for council review. Representing Kaj ima was Bruce Froehlich, 901 Corporate Center Drive, Monterey Park, who said that this Tract was approved in 1991, that they have complied with all City requests and have spent in excess of $175, 000 on studies, yet it was his feeling that they were back to step one with regard to the issue of the debris basin. Continuing, he said that it was never their intention to make a contribution, but rather that the funds invested would be reimbursed. Going with anything other than the County approved design, he said, would be a liability; that Kaj ima would not contest an assessment district, and that they should be credited with anywhere from $122,000 to $150,000 but that they had spent more than that. A lengthy discussion then ensued about the designs for this debris basin as outlined in the staff report: Alternative No. 1 - debris basin ( City standards - Risk level II); Alternative No. 2 - debris basin (timer and rail - Risk Level II); Alternative No. 3 - Debris basin (county standards - Risk Level I); Onsite Detention Basin (Risk Level III);and, Upgrade of the Downstream Drainage System (Risk Level I). The discussion dwelled on the protection provided by each of these designs in the event of various levels of storms and the cost of construction and /or maintenance. Speaking in opposition to the recommended debris basin was Lois Larue who questioned the amount of debris predicted. Charles Abbott of Charles Abbott Associates, told the Council that to implement the County's direction to stabilize local landslides in that area would cost approximately $3,100,000. Recess: At 8:35 P.M. Mayor Byrd declared a recess. The meeting reconvened at 8:45 P.M. Council resumed discussion of the debris basin matter. Councilman McTaggart moved, seconded by Councilwoman Brooks to adopt Alternative No. 2 - the debris basin (timber and rail - Risk Level II). Motion carried. CITY COUNCIL MINUTES DECEMBER 20, 1994 PAGE 4 Councilwoman Brooks moved, seconded by Councilwoman Lyon to direct staff to consider alternatives such as an assessment district or any other viable means for spreading the maintenance costs of this debris basin. Motion carried. It was the consensus that Mayor Byrd should contact the Rolling Hills Estates City mayor about this mutual drainage and debris problem in the McCarroll Canyon. FISCAL YEAR 1994 -95 SLURRY AND PATCHING CONTRACT (1204 X 1404) Associate Engineer Dean Allison presented the staff report of December 20 and the following recommendations: (1) authorize staff to remove the streets in two neighborhoods (Crest Road et al., and Seahill) from the fiscal year 1994 -95 slurry and patching program, and issue a notice to proceed on the balance of streets in the program. (2) abandon the feasibility study to transfer all street Lights into a city lighting and maintenance district and direct staff to notify the residents and Southern California Edison and the County of this action. City Manager Bussey referred Council to the December 20 supplemental staff report which responded to issues raised in the December 19, 1994 letter from Mr. John Alden. Eugene Carver, 30032 Avenida Esplendida, representing the Monte Verde Homeowners Association, said it had not been clarified if there was sufficient time to create the district. Svein Fougner, 32506 Seahill Drive, summarized his prepared statement which questioned if the staff recommendation addressed the question of whether the residents' concerns could be resolved by the City taking over the administration of the lighting district. Mr. Fougner's statement concluded with the statement that "He believed the staff recommendation was premature and failed to address the critical issue of local control over lighting that is commensurate with the nature of Rancho Palos Verdes, with lighting that does not unnecessarily detract from the views that residents have paid for, with lighting that can still be both attractive and functional. (Mr. Fougner's statement is on file with the City Clerk's Office.) Ed Demirjian, 30070 Avenida Tranquila, said he felt there was lack of communication and that the 16 ft. poles could be replaced with the 17 ft. poles which the Edison Company already has in storage. Scott Gobble, 505 Maple Avenue, representing the Edison Company, said that the 17 ft pole is an option, that the County and Edison can work it out but that the problem is the amount of light put out by the 17 ft. pole which may result in the installation of twice as many poles as the 25 ft. pole recommended by the County. He then went on to explain the March deadline for the formation of the district and how that impacted their construction schedule set to be completed sometime in September with the funds scheduled to be transferred to the County by December 31. Sven Fougner felt that the Seahill area would not require this added amount of poles and questioned that if liability was a problem why the County was not installing lights in areas that do not now have them. Responding to Council's suggestion of eliminating lights altogether in his area, Mr. Fougner stated his agreement with that idea. Councilman McTaggart moved, seconded by Councilwoman Brooks to reschedule a portion of the slurry seal program, continue with the feasibility study and design with 17 ft. poles and try to accomplish in the amount of time allotted by paralleling the engineering study with the district formation process. Motion carried. CITY COUNCIL MINUTES DECEMBER 20, 1994 PAGE 5 The suggestion was made that it should be left to the discretion of the individual groups to determine if they wanted to have street lights; also, staff was requested to determine if the present County district could be transferred to the City. Recess and Reconvene: At 9:50 P.M. Mayor Byrd declared a recess. The meeting reconvened at 9:55 P.M. ADOPT -A -ROAD POLICY (1204 X 1405) Senior Administrative Analyst Dolleschel presented the staff report of December 20, 1994 and the recommendation that if council wished to change the informal adopt -a -road standards, then Council should establish formal adopt -a -road policy guidelines. Suggested guidelines are outlined in exhibit "A" to the staff report. Janet Levering, 31081 Ganado, one of the sign owners on P.V. Drive East, agreed that the signs were large but was concerned about the policy of requiring advertisers to have their business within the City because her business was in the City of Palos Verdes Estates. Annette Dahlman, 2435 Colt Road, express concern and opposition to the billboards and said that she published a flyer and got 58 responses. Her objections to the signs were based upon the fact that Palos Verdes Drive East was a rural area and the Adopt -A -Road signs were distracting and inappropriate. Doug Maupin, 27601 Palos Verdes Drive East, said that one of the signs was installed in front of his property, that he was not against the program but believed that the signs used were the same as those used by CALTRANS for freeways. Sherri Cuomo, 2855 Colt Road, said she is a supporter of the program, but that the signs were inappropriate for residential areas. Nancy Budde, 2564 Colt Road, said the signs detracted from the entrance to the Colt Road area, that this was commercial advertising and suggested that nonprofit groups be encouraged to participate in the program. Lois Larue spoke against the signs. Council discussed whether the use of the signs should be limited to certain main arterials, whether the size of the signs should be reduced, but it was argued that the negative effects of the signs outweighed the benefits of the program. The suggestion was made that perhaps instead of signs that a more appropriate way to recognize donors would be to publicize their names on the Public Access Channel readerboard. Councilwoman Brooks moved, seconded by Councilwoman Lyon to abandon the present program. Motion carried. It was the consensus that the Ad Hoc Recycling Committee (Lyon /Brooks) should consider this matter when they discuss the recycling grants award program. SCAG'S "CLEAN CITIES" PROGRAM (306 X 1101) Staff recommendation for this program was to authorize the Mayor to sign a memorandum of understanding indicating the City's support of the Southern California Association of Governments (scag) "clean cities" program. Councilman McTaggart reported that the South Bay Cities Association is already gathering data to implement a similar program and that they expect to complete CITY COUNCIL MINUTES DECEMBER 20, 1994 PAGE 6 collection of this data by June. He then moved that our transmittal letter to SCAG should inform them that the City was already participating in a similar program with the South Bay Cities Association. The motion was seconded by Councilwoman Lyon and carried. APPOINTMENT OF MEMBER TO THE CITY COUNCIL (106 X 301 X 306) Council discussion of this matter centered on whether the list of candidates should be narrowed down to an acceptable list but agreement on this suggestion could not be reached. It was the consensus to continue the matter until the January 3 meeting. PUBLIC COMMENT: There was no response to the Mayor's call for public comment on items not on the agenda. ADJOURNMENT: The meeting adjourned at 10:40 p.m. on motion of Councilwoman Brooks. MAY ATTEST: CITY CLERK 122094cm CITY COUNCIL MINUTES DECEMBER 201 1994 PAGE 7 3bC� APPLICANTS - CITY COUNCIL MAYOR PRO TEM LYON COUNCIL MEMBER McTAGGART COUNCIL MEMBER BROOKS MAYOR BYRD TOTAL ALBERIO, GILBERT BAKER, WILLIAM DYDA, KEN FERRARO, BARBARA HAYES , SONJA HOLLINGSWORTH, TOM MAJID, MICHAEL ORTOLANO, RALPH RAJCIC, JOHN REEVES, DONALD SHAW, ANN STIRLING, CHARLES VIDUGIRIS, VICTOR WANG, KIM ✓ COUNCIL.BLT Ca��� APPLICANTS- CITY COUNCIL MAYOR PRO TEM LYON COUNCIL lCOUNCILIMAYOR MEMBER MCTAGGART MEMBER BROOKS BYRD TOTAL ALBERIO, GILBERT BAKER, WILLIAM DYDA, KEN FERRARO, BARBARA HAYES, SONJA ✓ ✓ HOLLINGSWORTH, TOM MAJID, MICHAEL ORTOLANO, RALPH RAJCIC, JOHN REEVES, DONALD SHAW, ANN STIRLING, CHARLES VIDUGIRIS, VICTOR WANG, KIM 'r COUNCIL.BLT 3 APPLICANTS - CITY COUNCIL MAYOR PRO TEM LYON COUNCIL MEMBER McTAGGART COUNCIL MEMBER BROOKS MAYOR BYRD TOTAL ALBERIO, GILBERT BAKER, WILLIAM DYDA, KEN FERRARO, BARBARA HAYES, SONJA HOLLINGSWORTH, TOM MAJID, MICHAEL ORTOLANO, RALPH RAJCIC, JOHN REEVES, DONALD SHAW, ANN STIRLING, CHARLES VIDUGIRIS, VICTOR WANG, KIM ✓ COUNCIL.BLT m APPLICANTS - CITY COUNCIL MAYOR PRO TEM LYON COUNCIL MEMBER McTAGGART COUNCIL MEMBER BROOKS MAYOR BYRD TOTAL ALBERIO, GILBERT BAKER, WILLIAM DYDA, KEN FERRARO, BARBARA HAYES, SONJA ✓ HOLLINGSWORTH, TOM MAJID, MICHAEL ORTOLANO, RALPH RAJCI C , JOHN REEVES, DONALD SHAW, ANN STIRLING, CHARLES mmmmmw� VIDUGIRIS, VICTOR WANG, KIM ✓ COUNCIL.BLT o/ APPLICANTS - CITY COUNCIL MAYOR PRO TEM LYON COUNCIL MEMBER MCTAGGART COUNCIL MEMBER BROOKS MAYOR BYRD TOTAL ALBERIO , GILBERT BAKER, WILLIAM DYDA, KEN FERRARO, BARBARA HAYES, SONJA V/ HOLLINGSWORTH, TOM 1/ MAJID, MICHAEL ORTOLANO , RALPH RAJCIC, JOHN REEVES, DONALD SHAW, ANN STIRLING, CHARLES VIDUGIRIS, VICTOR WANG, KIM ✓ ✓ COUNCIL.BLT APPLICANTS- CITY COUNCIL MAYOR PRO TEM LYON COUNCIL MEMBER McTAGGART COUNCIL MEMBER BROOKS MAYOR BYRD TOTAL ALBERIO, GILBERT v BAKER, WILLIAM DYDA, KEN FERRARO, BARBARA HAYES, SONJA 1/ HOLLINGSWORTH, TOM MAJID, MICHAEL ORTOLANO, RALPH RAJCIC, JOHN REEVES, DONALD SHAW, ANN STIRLING, CHARLES VIDUGIRIS, VICTOR WANG, KIM V COUNCIL.BLT