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CC MINS 19940405 ADJM I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL So 1994 1qW The meeting was called to order at 6:00 P.M. by Mayor Steven T. Kuykendall at the Hesse Park Community Center, 29301 Hawthorne Boulevard and was immediately recessed to a closed session. The City Attorney announced that said session would be held to discuss both pending and threatened litigation as described in the prepared agenda for the meeting. All members of Council were present for the Closed Session. At 7:00 P.M. Mayor Kuykendall reconvened the meeting. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL ABSENT: BYRD Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, Planning Director Bret Bernard, Planning Administrator Carolynn Petru, Associate Planner Fabio deFreitas, Public Works Director Trent Pulliam, Finance Director Brent Mattingly, City Clerk Jo Purcell, and City Attorney Carol Lynch. City Attorney Lynch announced that the Council had met in closed session to discuss the following: People vs. Boots - no action taken. Threat of litigation by Mr. Brown - no action taken. Yen vs. City of Rancho Palos Verdes - Council directed the City Attorney to take whatever actions are necessary to expedite the appeal. Discussion of whether to initiate litigation against a property owner who is maintaining property in a manner which constitutes a public nuisance - authorization given to the City Attorney's office to file a case to remove all of the construction hazards on the property. APPROVAL OF AGENDA: Councilman McTaggart moved, seconded by Councilwoman Brooks, to approve the agenda as presented. Motion carried. APPROVAL OF CONSENT CALENDAR: City Clerk Purcell announced that an addendum to the agenda had been published which added one item to the Consent Calendar. That item concerned waiving the sign fees for the Peninsula Education Foundation. Councilwoman Brooks moved, seconded by Councilwoman Lyon, to approve the Consent Calendar as follows: WAIVER OF FULL READING: Waived 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 . MINUTES Approved the minutes of March 10 and 15, 1994, REQUEST FROM MAYOR PRO TEN BYRD FOR PERMISSION TO BE ABSENT FROM CITY COUNCIL MEETINGS (306 X 1101) Granted Mayor Pro Tem Byrd Permission to be absent from the April 5 Regular City council meeting and possibly all other meetings (Regular & Adjourned) for the month of April 1994, RESOLUTION NO. 94 -14 - BUDGET AJUSTMENT FOR UNEMPLOYMENT INSURANCE (602 X 1202) Adopted RESOLUTION NO. 94 -14 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 93 -44, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1993 -94 FOR PAYMENT OF UNEMPLOYMENT INSURANCE. CLAIM AGAINST THE CITY BY ALLMAN TRUST (301 x 303) Rejected the claim of Allman Trust against the City and directed the City Clerk to notify the claimant of the City Council's action. CLAIM AGAINST THE CITY BY THOMAS J. CONNOR (301 x 303) Rejected the claim of Thomas J. Connor against the City and directed the City Clerk to notify the claimant of the City Council's action. NOTICE OF COMPLETION - PV DRIVE EAST GUARDRAIL (12 0 4 x 14 0 4) (1) Accepted the work as complete. ( 2 ) Authorized the City Clerk to file a Notice of Completion and to notify the surety company to exonerate the contract bonds if no claims have been filed during the 35 day legal notice period. ( 3 ) Authorized the Finance Director to release the retention 35 days after the Notice has been recorded by the County Recorder. INSPECTION SERVICES - PV DRIVE SOUTH MEDIAN LANDSCAPE (12 0 4 x 14 0 4) (1) Awarded the contract for professional inspection services for the Palos Verdes Drive South median landscape improvements to Don CITY COUNCIL MINUTES APRIL 5, 1994 PAGE 2 Napolitano & Associates for $35.00 per hour and not to exceed $10,000. (2) Authorized the Mayor and City Clerk to execute an agreement with Don Napolitano & Associates in accordance with the request for proposal dated March 101 1994. HASEKO TOWNHOMES AGREEMENT - FUNDING FOR MEDIAN LANDSCAPING PV DRIVE SOUTH & REDUCTION OF BONDS (1204 X 1411 X 1404) (1) Approved an agreement with Haseko Townhomes, Inc. to provide funding for landscape improvements along the PV Dr South center median adjacent to Tract No. 45667; and, (2) authorized the Mayor and City Clerk to execute the agreement. RESOL. NO. 94 -15 - LAND MOVEMENT LEGISLATION - CALIFORNIA CONTRACT CITIES ASSOCIATIONS (301 X 306 X 1102) ADOPTED RESOL. NO. 94 -15 REQUESTING LAND MOVEMENT LEGISLATION LIMITING THE FINANCIAL RECOVERY AVAILABLE FOR GEOLOGIC INCIDENTS. RESOL. NO. 94 -16 - STREET VACATION PV DRIVE EAST ACROSS FROM CORSINI PLACE (1204 X 1408) ADOPTED RESOLUTION NO. 94 -16 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING ITS INTENTION TO VACATE A PORTION OF PALOS VERDES DRIVE EAST RIGHT -OF -WAY AT CORSINI PLACE. RESOL. NO. 94 -17 - REVISION TO PARKING VIOLATION PENALTY SCHEDULE (1101 X 1502) ADOPTED RESOL. NO. 94 -17 AMENDING THE PARKING VIOLATION PENALTY SCHEDULE AND RESCINDING RESOLUTION NO. 93 -105. LEGISLATIVE ACTIVITIES (1101 X 306) Joined the League of California Cities in opposing the following legislation: the amended AB13 (T. Friedman) which proposed to enact a statewide smoking ban and preempt future local government smoking ordinances; AB2414 (Epple) which proposed to require traffic citation hearing officers to have an equivalent of a law degree; and, AB3327 (Hauser) which proposed several new mandates to the safety element of a general plan. RESOL. NO. 94 -18 - REGISTER OF DEMANDS (602) CITY COUNCIL MINUTES APRIL 5, 1994 PAGE 3 ADOPTED RESOL. NO, 94 -180 FEE WAIVER FOR PENINSULA EDUCATION FOUNDATION (1203 X 1401) Approved the applicant's request to waive the application submittal fee for the sign permits for the Foundation's Main Event to take place on May 7, 199449 The motion to approve the Consent Calendar carried on the following roll call vote: AYES: McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE ABSENT: BYRD RECYCLE DRAWING: Mayor Kuykendall announced that James Lacy was the recycle winner f or the month of January, Mrs E . Tussey f or February and I. Chaps ley for the month of March. Each of these families wi l l win one year's worth of free refuse service. The Mayor also announced that there would be a household hazardous waste roundup be held in Wilmington on April 21 through the 23 and on April 28 through the 30th. Those residents seeking more information about this roundup should contact the Public Works Department. RESOL. NO. 94 -19 ADMINISTRATIVE FEE FOR REVIEW - SOLICITATION LETTERS ( 2 02 X 6 02 ) Mayor Kuykendall opened the public hearing on this amendment to Title 5 of the Municipal Code to impose a fee for issuance of solicitation letters of authorization. City Clerk Purcell announced that notice of this public hearing had been duly published and that the City had not received any written protest. Finance Director Mattingly presented the staff report of April 5, 1994 and the recommendation to: (1) conduct the public hearing; and take public testimony regarding the proposed administrative fee; and, (2) adopt the proposed resolution establishing an administrative fee for the review of solicitation applications and issuance of solicitation letters of authorization. There being no response to the Mayor's call for public testimony, Councilwoman Brooks moved, seconded by Councilman McTaggart to CITY COUNCIL MINUTES APRIL 5, 1994 PAGE 4 close the public hearing. Motion carried. Council discussion of this matter centered on their concern that letters of authorization have an expiration date and that the City have the names of those individuals using them for solicitation purposes. Additionally, Council suggested that announcements be made on the Reader Board naming those organizations that will be soliciting in the City. Councilwoman Brooks moved, seconded by Councilman McTaggart to adopt RESOL. NO. 94 -19 ESTABLISHING AN ADMINISTRATIVE FEE FOR THE REVIEW OF SOLICITATION APPLICATIONS AND ISSUANCE OF SOLICITATION LETTERS OF AUTHORIZATION. Motion carried. RESOL. NO. 94 -20 - C.U.P. 119 REVISION "A" APPEAL - PACTEL MONOPOLE AT CITY HALL (1203 X 1801) Mayor Kuykendall opened the public hearing on this request from PacTel to make modifications to their monopole at the City Hall site. City Clerk Purcell reported 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 April 5, 1994 and the recommendation to adopt the proposed resolution upholding the appeal and thereby approving Conditional Use Permit No. 119, Revision "A" to allow modifications to an existing 80 -foot cellular antenna monopole located on the City Hall site at 30940 Hawthorne Boulevard. Representing the applicant in this matter was Tom Conzelman, 3 Park Plaza, Irvine, who stated that these modifications are innocuous from an emission point of view, that removal of the whips would enhance the view and requested that the Council grant the appeal. Also representing the applicant was their land use agent Dean Brown, 1111 Town & Country, Orange, who said that since this involved renegotiation of their lease with the City, that he had met with the Finance Director and that this will generate additional income for the City. Lois Larue, 3136 Barkentine, questioned the adequacy of the notification for this public hearing and suggested that PacTel be charged a percentage of the profits for having the monopole at the City Hall site. There being no additional response to the City Clerk's call for public testimony, Councilwoman Brooks moved, seconded by Councilman McTaggart to close the public hearing. Motion carried. CITY COUNCIL MINUTES APRIL 5, 1994 PAGE 5 Councilwoman Brooks moved, seconded by Councilwoman Lyon to adopt RESOLUTION NO. 94 -20 UPHOLDING THE APPEAL AND THEREBY APPROVING CONDITIONAL USE PERMIT NO. 119, REVISION "A" TO ALLOW MODIFICATIONS TO AN EXISTING 80 -FOOT CELLULAR ANTENNA MONOPOLE LOCATED ON THE CITY HALL SITE AT 30940 HAWTHORNE BOULEVARD. Motion carried. GRADING NO. 1691 REVISION "A" APPEAL - 11 MARGUERITE DRIVE (1203 X 1411 X 1801) City Manager Bussey announced that Councilman Byrd had requested that this matter be continued to the next meeting when he would be present. Mayor Kuykendall inquired if it was the consensus of the Council to continue this matter to the next meeting or conduct the hearing at this meeting. It was the general agreement to proceed with hearing the matter. Assistant Planner deFreitas summarized the background on this appeal of the Planning Commission's January 11, 1994 denial of the Burrell Group's request to permanently raise the grade of the vacant lot at 11 Marguerite Dr. He reported that on numerous occasions the staff advised the applicant that all dumping must cease. The applicants claimed that although there was subsequent dumping on the site, the dumping had not been authorized by them and they took measures such as installing signs on the property and erecting a barrier to prevent further dumping. Continuing with his report, Mr. deFreitas said that the Planning Commission was unable to make-the necessary findings to grant the request. Instead, it was their opinion that the proposed quantity of grading was excessive in terms of overall grading, that there would be significant and unnecessary disturbance to the topography and that views from nearby residences in Palos Verdes Estates might be impaired by the resultant higher ridge line. Along with this denial, the Commission required that the applicants remove all of the material that had been deposited on the site. The applicants felt that the Commission did not adequately review their request as a developable application but rather dealt only with the code enforcement aspects and not the grading plan which involved an increase in the grade along with installation of a new storm drain. The applicants were seeking this raise in grade to create an area where future residents of the lot could enjoy views over Lot #1 immediately to the west. Mr. DeFreitas reminded Council that last year these applicants received permission to raise the ridge elevation of the potential home on lot #1 to 2231, CITY COUNCIL MINUTES APRIL 5, 1994 PAGE 6 Continuing with his report, Mr, deFre itas said that if the Council was inclined to review this appeal as an application for development, then the decision should include analysis of whether the grading is excessive, if it would cause significant adverse impacts to neighboring properties, and if the proposed grading would significantly alter the topography of the lot. With respect to the first and third criteria, although the requested 3, 100+ cu. yds . was a relatively large quantity, the grading would occur in an area that is approximately one -tenth the size of the overall lot. Mr. deFreitas added that since the scale of this project is of a magnitude considerably larger than what is typically considered, the relative criteria must allow for the uniqueness of the lot and proposal. Additionally, because of the existing inconsistent slope of the lot, the grade change that was proposed would vary from one to seven feet across the area to be graded. Regarding the issue of view obstruction, the applicants erected a temporary string frame which represented the area to be graded. With this aid, staff was able to conduct a thorough view analysis from the homes in Palos Verdes Estates that might be affected by the proposed grade change. Only the residents at 3000 Via Alvarado enjoyed a view over the subject lot; it was staff's opinion that although a ridge height of sixteen feet would diminish a portion of the ocean views from two viewing areas in this home, the amount of impairment would not be significant because of the expanse of the view from that property and because there would continue to be a number of areas with unimpaired views. Speaking in favor of this appeal was one of the applicants, Bruce Burrell, 87 Marguerite Drive, who said that the property is two acres and larger than most lots in the neighborhood. Their intent was to grade only one end of this property, that during the stockpiling process too much dirt was dumped on the property because they had no control of what was happening but that situation was now rectified; and, when the City issued the stop orders people were notified to stop dumping. He said that the increased grade would not impact the views of the surrounding neighbors, and he requested that they not be required to remove the dirt that is already on the lot. William Sullivan, 2976 Via Alvarado, urged the Council to follow recommendation of the Planning Commission. Gil Alberio, Chairman of the Planning Commission, summarized the Planning Commission's hearing of this matter and stated that its history indicated that this was not a grading project but a stockpile site that turned out to be a dump site. One reason the Planning Commission denied the appeal was because no effort was made to control the dumping,. the property owner had the responsibility to make sure that the property complied with City CITY COUNCIL MINUTES APRIL 5, 1994 PAGE 7 regulations and the Commission decided that this was not a grading project but a dump site. He questioned if a flat lot could be raised through importation of material so the owner could build on it. Council discussion and inquiries centered on the following: clarification that the issue being heard was appeal of a grading permit, that the application for the grading was submitted after stop orders had been issued on the dumping, the type of fill that would normally be used to raise the height of a pad, clarification that the ridge height would remain unchanged and that the issue being addressed was the dirt on the site. Councilwoman Lyon moved to uphold the appeal and approve the applicants' request to raise the grading with the condition that the soil had to be checked, if found to be inappropriate that it be removed; additionally, that the site be cleaned up and its appearance improved and that this be accomplished within 60 days. The motion was seconded by Councilwoman Brooks,, Bruce Burrell, speaking in rebuttal, said that this was not a flat lot, that they are not raising the level but rather placing dirt in a corner. Any junk dirt that has been placed there will be analyzed to the degree necessary and that if Council wished, the dirt could be removed and taken to Chandlers and then returned to the property. He said they would, however, like to finalize the situation and ultimately create a flat pad. The motion carried on the following roll call vote: AYES: BROOKS, LYON AND MAYOR KUYKENDALL NOES: McTAGGART ABSENT: BYRD RECESS & RECONVENE: At 8:00 P.M. Mayor Kuykendall declared a recess; the meeting reconvened at 8:10 P.M. SILVER SPUR ROAD MEDIAN LANDSCAPING BETWEEN HAWTHORNE & ELKMONT DRIVE ( 12 0 4 x 14 0 4) Public Works Director Pulliam presented the staff report of April 51 1994 and the recommendation to: (1) approve Alternative No. 1 which used a combination of hardscape and softscape for the design of landscape improvements for the Silver Spur Road center median; (2) authorize staff to request proposals and select a consultant to prepare plans, specifications and an estimate of the cost for the Silver Spur center median landscape _improvements; and, (3) CITY COUNCIL MINUTES APRIL 5, 1994 PAGE 8 authorize the Mayor and City Clerk to execute an agreement for professional services with the selected consultant. With the use of exhibits mounted for Council and audience viewing, Director Pulliam explained the alternative designs available for this median. Councilwoman Brooks moved, seconded by Councilman McTaggart to approve Alternative No. 1. A brief discussion ensued and the consensus was reached that this median should be consistent with others in the City and that staff should determine if some theme for such medians could be devised. Motion carried. JOINT WORKSHOP DATE (12 02 ) City Manager Bussey presented the staff report of April 5, 1994 and the recommendation to select a June date for a joint workshop with the Recreation and Parks Committee to discuss Measure "A" recommendations. Council agreed to meet on Monday, June 20 with the Committee. Responding to the Mayor's call for audience comments for items not on the agenda was Lois Larue, 3136 Barkentine, who rebutted testimony given by Charles Abbott at the March 15 meeting relative to the debris basin in McCarrell Canyon., RESOL. No. 94-21 - PV TRANSIT AUTHORITY FISCAL YEAR 1993 -94 SUPPLEMENTAL APPROPRIATION ( 602 X 1204 x 1505 ) Public Works Director Pulliam presented the staff report of April 5 and the recommendation to adopt the proposed resolution amending Resolution No. 93-44, the budget appropriation for fiscal year 1993 -94, for additional Proposition "A" funds for PV Transit and Dial -A -Ride. Council discussion centered on the fact that the Transit Authority has only recently been able to close out last year's books because the Authority had still not been paid and that this delay in receipt of funds also affected the balance for the current fiscal year. This situation was then further compounded by the reduction in this year's grant from the MTA and also by the increased expense in the Dial -a -Ride program due to increased ridership. John Meyer, Transit Administrator, said that the shortfall of $26,000 is basically because of those two factors: reduction in funds from the MTA and the success and increase in ridership of the Dial -A -Ride which is now costing more to operate. The Board of CITY COUNCIL MINUTES APRIL 5, 1994 PAGE 9 Directors of the Authority was not inclined to change the Dial -A- Ride program and hence this request for funding to fund them for the remainder of the fiscal year. Council discussion included the overall effect of the MTA budget cuts on this system, how the MTA is looking at discontinuing such lines as 225 and clarification that these monies would come from Prop "A" sales tax fund and not from the General Fund. Councilwoman Brooks moved, seconded by Councilman McTaggart, to adopt Resol. No. 94 -21 AMENDING RESOLUTION NO, 93 -44, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1993 -94, FOR ADDITIONAL PROPOSITION "A" FUNDS FOR PV TRANSIT AND DIAL -A -RIDE. Motion carried. Councilwoman Brooks moved, seconded by Councilman McTaggart that the other participating cities also contribute a prorata share of this funding based on population. The motion carried on the following roll call vote: AYES MCTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE ABSENT: BYRD Council suggested that staff get in touch with the MTA and impress upon them how important route 225 is to the Peninsula. LAW ENFORCEMENT FORUM Mayor Kuykendall reported that he has received positive response to the concept of the law enforcement forum and that at last six mayors have sent written confirmation of their participation. He reported that he has met with three police chiefs in the area and that they are drafting an agenda for the forum and have decided that it will be held on April 27. They are still looking for a facility at which to hold the event. He said that this will provide an opportunity for people to ask questions and get information about how to protect themselves from being a victim of crime. He said that all elected officials from the cities are invited to be observers. FEDERAL BALANCED BUDGET AMENDMENT ( 6 01 X 310 ) Mayor Kuykendall presented his memorandum of April 5 and the recommendation that if Council wished, they could join the United States Conference of Mayors in opposing the Federal Balanced Budget Amendment unless amended to separate capital and operating budgets. CITY COUNCIL MINUTES APRIL 5, 1994 PAGE 10 Councilwoman Brooks moved, seconded by Mayor Kuykendall to support the balanced budget amendment with the requirement that the Federal Government eliminate unfunded mandates. Motion carried. 1994 -95 BUDGET POLICY ISSUES (602 x 1101) City Manager Bussey presented the April 5, 1994 memorandum and recommendation that if after discussing any policy issues contained in the March 29 Budget Policy Issues memorandum that the City Council could continue the remaining items for discussion at the April 25, 1994 meeting. It was the consensus to approve the staff recommendation on the following items: DUI Sobriety Checkpoint Program: Approved the Regional Law Enforcement Committee recommendation to fund a DUI Sobriety Checkpoint program as suggested by the Sheriff's Department. REACH Program: Continue to apply for CDBG funding to support the REACH program and to the extent possible based on available funding, reduce REACH registration fees. Los Angeles County Trails Acquisition and Development Competitive Grant Program: Proceed with the grant application as originally submitted to the Council, but limit the improvements to trails already in public ownership. These trails were already approved by the Council with the recent update of the City's Master Trails Plan. Council Electronic Voting: Determined that our portable meeting set up is not be as amenable to the system as a permanent setting may be. Silver Spur Utility Undergrounding: Directed staff to take the necessary steps to form the undergrounding district and include the costs in the budget. Bus Stop Pad Improvements: Authorized the use of Proposition A funds to improve all bus stop locations in the City. STATUS OF DIRECTIVES Taper Avenue Housing - City Manager Bussey reported that there will be an update on this matter in the Friday Report, CITY COUNCIL MINUTES APRIL 5, 1994 PAGE 11 zip Code Revision -- Mayor Kuykenda l l stated that he had received a response from the Post office stating that they intend to make the changeover in the zip code number go as smoothly as possible. The change will occur July 2, 19940 ADJOURNMENT: At 9:00 P.M. the meeting adjourned to Tuesday, April 6 at 10:30 A.M. at Pt. Vicente Interpretive Center for a tour of the coastal area. Motion made by Mayor Kuykendall. YOR ATTEST: CITY COUNCIL MINUTES APRIL 5, 1994 PAGE 12