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CC MINS 19940419M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL 19, 1994 The meeting of the Rancho Palos Verdes City Council was called to order at 7:00 P.M. by Mayor Steven T. Kuykendall at Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BYRD, McTAGGART, LYON, BROOKS AND MAYOR KUYKENDALL ABSENT: NONE Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, Assistant City Attorney Craig Steel, City Clerk Jo Purcell, Planning Director Bret Bernard, Planning Administrator Carolynn Petru, and Public Works Director Trent Pulliam. CEREMONIAL EVENTS (1101 X 304) Students of the Month - Scott Lewallen & Heather Case: Mayor Kuykendall presented a Certificate of Recognition to Students of the month Scott Lewallen and Heather Case. Scott, who is the vice president of his 8th grade class at Palos Verdes Intermediate School, designed the 8th grade graduation shirt, is a member of the yearbook staff and has been nominated by his math teacher as the "Outstanding Math Student." Heather Case was recognized for her work as Student Director of the Inter /Intramural for the fall semester and has been nominated by teachers at Palos Verdes Intermediate School as a real leader, an excellent role model and friend and helper to the Spirit Squad. Additionally, Heather is Orientation Leader of the 6th grade orientation program, is a member of the Student Council and is a member of the PVIS Powder Puff Flag Football team. Citizens of the Month - Carolyn and Robert Hamaguchi: Recognized for the volunteer work in the community were Carolyn and Robert Hamaguchi. Carolyn is a board member of AYSO soccer, a PTA member for both Peninsula High School and Vista Grande School and has been Advancement Chair for the Boy Scouts as well as being a member of the Peninsula High School Athletic Club. Her husband, Robert was recognized for his participation in the Peninsula Education Foundation, for managing his daughter's softball team and or being Assistant Scout Master with his local troop. APPROVAL OF AGENDA Councilwoman Brooks moved, seconded by Councilwoman Lyon to approve the agenda as presented. Motion carried. APPROVAL OF CONSENT CALENDAR Lois Larue, 3136 Barkentine Rd., questioned the location of the "No Beach Parking" sign at the Wayfarers Chapel. WAIVER OF FULL 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. MINUTES (301) APPROVED THE MINUTES OF MARCH 1 AND APRIL 5, 1994. COMMERCIAL REFUSE & COLLECTION AGREEMENT AMENDMENT TO EXTEND EXISTING CONTRACTS.(1301 X 1204) (1) AUTHORIZED THE MAYOR AND THE CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENTS FOR NONEXCLUSIVE COMMERCIAL REFUSE COLLECTION AND DISPOSAL SERVICE WITH (A) ACE ROLOFF RUBBISH SERVICE, (B) BROWNING - FERRIS INDUSTRIES (BFI), (C) EDCO DISPOSAL, (D) SUBHAULERS, (E) FEDERAL DISPOSAL SER, (F) IVY RUBBISH DISPOSAL, (G) WASTE MANAGEMENT OF LOS ANGELES, AND (H) WESTERN WASTE INDUSTRIES TO EXTEND THE NONEXCLUSIVE FRANCHISE THROUGH DECEMBER 31, 1994. (2) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT FOR NONEXCLUSIVE COMMERCIAL REFUSE COLLECTION AND DISPOSAL SERVICES WITH FALCON REFUSE TO EXTEND THE NONEXCLUSIVE FRANCHISE THROUGH DECEMBER 31, 1994 WITH THE CONDITION THAT THEIR QUARTERLY REPORTS AND PAYMENTS ARE RECEIVED BY APRIL 22, 1994. (3) DO NOT EXTEND THE AGREEMENTS FOR NONEXCLUSIVE COMMERCIAL REFUSE COLLECTION AND DISPOSAL SERVICE WITH (A) ANGELUS- HUDSON, INC., SINCE THEY DID NOT FULFILL ANY OF THE REPORTING REQUIREMENTS ESTABLISHED BY THE CITY THEREBY PROHIBITING THEM FROM OPERATING IN THE CITY. COMMERCIAL REFUSE & COLLECTION AGREEMENT WITH S &H DISPOSAL (1301 X 1204) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE A NONEXCLUSIVE FRANCHISE AGREEMENT FOR COMMERCIAL REFUSE COLLECTION AND DISPOSAL SERVICES WITH S &H DISPOSAL CO. TO BE EFFECTIVE THROUGH DECEMBER 31, 1994. PARKING AT WAYFARERS CHAPEL (1206 X 1101 X 1502) AUTHORIZED WAYFARERS CHAPEL TO ISSUE CITY PARKING CITATIONS FOR PARKING CODE VIOLATIONS THAT OCCUR ON CHAPEL PROPERTY. RESOL, N09 94 -22 REGISTER OF DEMANDS (602) ADOPTED RESOLUTION NO. 94 -22 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. The motion to approve the consent calendar carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS AND MAYOR KUYKENDALL NOES: NONE ABSTAIN: BYRD ON THE MINUTES OF APRIL 5, 1994 LEGISLATIVE ACTIVITIES (306 X 1101) Councilwoman Lyon stated that she had this item removed from the Consent Calendar because she felt this legislation was important enough for the public to hear an explanation of the particulars of these bills. The staff report of April 19 recommended the following: (1) THAT THE CITY SHOULD JOIN THE LEAGUE OF CALIFORNIA CITIES IN OPPOSING AB 3447 (STATHAM) AND AB 1680 CITY COUNCIL MINUTES APRIL 19, 1994 PAGE 2 (BOWEN) WHICH PROPOSED TO REQUIRE CITIES TO ADOPT HOME ENTERPRISE ORDINANCES ALLOWING BUSINESSES TO BE CONDUCTED IN RESIDENTIAL ZONES. (2) THAT THE CITY SHOULD JOIN THE CITY OF MODESTO IN SUPPORTING STATE LEGISLATION THAT WOULD ALLOW CITIES TO ADOPT ORDINANCES IMPOSING FINANCIAL RESPONSIBILITY ON BOTH THE PERPETRATOR AND THE PARENTS OF MINOR CHILDREN THAT COMMIT ACTS OF GRAFFITI VANDALISM. City Manager Bussey explained that AB1680 and AB3447 would require cities to adopt home enterprise ordinances to allow business to be conducted in residential zones: AB3447 concerned cities state -wide; AB1680 applied to cities in Los Angeles County only. Rancho Palos Verdes already has an ordinance that addresses home occupation permits and gives us control over any disruption of the neighborhood resulting from home businesses. This legislation could become another state mandate and may impose regulations that we would not like and may take away some of our local control. The Modesto Legislation, on the other hand, would allow cities to adopt ordinances imposing financial responsibility on both the perpetrators and the parents of minors who commit acts of graffiti vandalism. The City of Modesto proposes that determination of financial responsibility be conducted through a city administrative process rather than through the courts. Councilwoman Brooks moved, seconded by Councilman McTaggart to approve the staff recommendation. Motion carried. RESOLUTION NO. 94 -23 - NON - DISPOSAL FACILITY ELEMENT APPROVAL (1301 X 1204) City Clerk Purcell announced that notice of this public hearing had been duly published and that no written protests had been received by the City. Mayor Kuykendall opened the Public Hearing on the Non - disposal facility element approval. Mayor Pro Tem Byrd moved, seconded by Councilman McTaggart to waive reading of the staff report which recommended that Council ADOPT THE PROPOSED RESOLUTION ADOPTING THE NON - DISPOSAL FACILITY ELEMENT REQUIRED BY THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT AS AMENDED BY ASSEMBLY BILL 3001. Motion carried. There being no response to the Mayor's call for public testimony, Councilman McTaggart moved, seconded by Councilwoman Lyon to close the public hearing. Motion carried. Councilwoman Lyon moved, seconded by Councilman Byrd to adopt Resol. No. 94 -23 ADOPTING THE NON - DISPOSAL FACILITY ELEMENT REQUIRED BY THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT AS AMENDED BY ASSEMBLY BILL 3001. Motion carried. FIVE YEAR CAPITAL IMPROVEMENT PROGRAM (12 0 4 x 6 0 2) Director of Public Works Pulliam presented the staff memorandum of April 19 and the recommendation to ADOPT THE FIVE YEAR (1994 -95 THROUGH 1998 -99) CAPITAL IMPROVEMENT PROGRAM with some minor changes. Director Pulliam then proceeded to give an overview of this Capital Improvement Program document dated April 14, 1994 and prepared by Charles Abbott Associates, Inc. This program identified a five- CITY COUNCIL MINUTES APRIL 19, 1994 PAGE 3 year funded program and included a list of projects for which funding was not currently available. Over the next five -year period, the CIP called for expenditures in the amount of $9,708,500 for the following projects: citywide residential street overlays, arterial street improvements, median improvements, undergrounding projects, drainage projects and pavement management study. Unfunded were the following projects for the total amount of $21,797,400: street improvement projects, median projects, parks projects and miscellaneous projects. Councilman McTaggart moved, seconded by Councilman Byrd to direct this plan to the Planning Commission and Finance Advisory Committee for their review. Motion carried. It was the general consensus that this matter would be brought back on the Council agenda in approximately three months. L. A. COUNTY MTA PROPOSED FARE & BUS SERVICE RESTRUCTURING (1505 x 1204) Senior Administrative Analyst Veronica Dolleschel presented the staff memorandum of April 19 and the recommendation to AUTHORIZE THE MAYOR TO SIGN THE LETTER PROVIDING COMMENTS TO THE MTA REGARDING THE PROPOSED RESTRUCTURING AND DIRECT STAFF TO SUBMIT THE LETTER BY APRIL 23, 1994. A brief Council discussion included the suggestion that we advise the MTA of the joint efforts the City has made with Marymount College to provide bus service to students at the College; also, it was suggested that the letter be strengthened by informing them that this City pioneered paratransit in the South Bay and of the resultant benefits to the environment and to the RTD and the MTA. It was the consensus that the Mayor should work with staff in strengthening this letter. ORDINANCE NO. 298 - AMENDMENT TO VIEW RESTORATION ORDINANCE (1806 X 12 03 ) City Attorney Craig Steel presented the staff memorandum dated March 27 which recommended introduction of the proposed ordinance regarding appeals from decisions of the View Restoration Committee and amending the Rancho Palos Verdes Municipal Code. Additionally this memorandum summarized the background and rationale for consideration of this amendment: At the Council meeting of February 15, 1994, the Council directed that an ordinance be prepared amending the View Restoration Ordinance to enable appeals from decisions by the View Restoration Committee to CITY COUNCIL MINUTES APRIL 19, 1994 PAGE 4 the City Council. It was not the intent of Council to re- determine factual issues already decided by the Committee or reconsider the case. Instead, Council wanted to review Committee decisions to determine if the Committee had properly interpreted or applied the provision of the View Restoration Ordinance in the particular case. Council discussion included clarification that if new evidence was submitted to the Council that the matter would be remanded to the View Restoration Committee, and reiteration of the opinion that the Council is interested in hearing only those cases where it has been determined that the Committee made an error. Councilman Byrd moved, seconded by Councilwoman Lyon to INTRODUCE ORDINANCE NO, 298 OF THE CITY OF RANCHO PALOS VERDES REGARDING APPEALS FROM DECISIONS OF THE VIEW RESTORATION COMMITTEE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. The m o t i o n carried on the following roll call vote: AYES: BYRD, MCTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE RESOLUTION NO. 94 -24 - GRADING NO. 1691, REVISION "A" APPEAL (1411 X 1801 X 1203) Assistant Planner de Freitas presented the April 19 staff memorandum and the recommendation to adopt the proposed resolution APPROVING THE APPLICANT'S REQUEST TO PERMANENTLY RAISE THE ELEVATION OF THE VACANT LOT AT 11 MARGUERITE DRIVE BY ALLOWING 31124 CU. YARDS OF GRADING. Because of his absence on April 5, Mayor Pro Tem Byrd stated he had viewed the video tape of that meeting in its entirety and was prepared to discuss and vote on this matter. City Attorney Steel summarized the revisions made to the proposed resolution on this matter which had been distributed prior to the start of the meeting. One of the applicants Drive, summarized the requesting a grading grading application stockpiling. Their only to grade the ar4 not their intention t, at the 16 ft. above t creating a flat lot ] lote in this matter, Bruce Burrell, 87 Marguerite background on this matter: currently they are application, that they withdrew the initial and then made an application to permit intention was not to create a dump site but Ba they are now proposing to change. It was o change the ridge height, that it will remain :he highest location on the lot, they are not out are flattening out a sloping area on the CITY COUNCIL MINUTES APRIL 19, 1994 PAGE 5 Council's questions and concerns dealt mainly with the fill dirt that had been dumped on this lot. In particular they inquired if the applicant knew the origin of the soil, whether it had been certified, if it was still their intention to import the dirt from the La Barba site and if the transfer and grading of the Burrell site could be accomplished within the 60 -day time limit specified in the resolution. Additional inquiries centered on whether the applicants were considering compacted or uncompacted fill in the terms of measuring and the fact that as much as an additional 500 cu. yards might be necessary with compaction. Speaking against this grading application was E. H. Cavecche, 3037 Palos Verdes Drive West, Palos Verdes Estates, who said that the issue here was the violation of the stockpiling permit and felt that the grading permit was camouflaging the real issue of removing the illegally placed dirt. With regard to the trucks that will be required to import the dirt, Mr. Cavecchi suggested imposing a fee on them to pay for any resulting damage. Councilwoman Lyon moved, seconded by Mayor Kuykendall to adopt the resolution with the amendments proposed by the City Attorney. Continued discussion of the matter focused on a number of concerns about this project: whether this was the appropriate time to consider the dumping violations that had taken place and if that should be included in the proposed resolution, the fact that these grading resolutions never specify either compacted or uncompacted, the location of the house was still undetermined, and verification that the 16 foot ridge line will be from the natural grade of the lot. Staff explained that the house could potentially be built on any one of several areas on this property, including the area that has the highest grade, that the proposed grading will be on a small corner of the lot, that if the applicant wanted to exceed the height limitation of 16 ft, a height variation permit would be required. Councilman McTaggart moved an amendment that any unsuitable material would have to be removed and that there be no further importation onto the site, thus amending No. 1 and deleting No. 2 to Exhibit "A" of the proposed resolution . The amendment was seconded by Councilwoman Lyon. The amendment carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE ABSENT: NONE The main motion adopting RESOL. NO. 94 -24 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING THE APPLICANT'S REQUEST CITY COUNCIL MINUTES APRIL 19, 1994 PAGE 6 TO PERMANENTLY RAISE THE ELEVATION OF THE VACANT LOT AT 11 MARGUERITE DRIVE BY ALLOWING 3,12 4 CU. _ YARDS OF GRADING carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE ABSENT: NONE RESOL. NOS. 94 -25, 94 -26, 94 -27, and 94 -28, L. A. COUNTY REGIONAL PARK & OPEN SPACE DIST. TRAILS ACQUISITION (1201 X 1203 x 701) Ms. Silverman:` presented the staff memorandum of April 19 and the recommendation to adopt the proposed resolutions. After Council inquiries clarified that if additional funding was necessary the City would be required to provide it and that Quimby was one fund that could be used for that purpose, and that these proposed resolutions did not provide spending authority. Council requested that staff report on the trails that would be included in this program and that it be limited to trails where the City has ownership. Councilman Byrd moved, seconded by Councilman McTaggart to adopt the following resolutions: (A) 94 -25 APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT TRAIL ACQUISITION AND DEVELOPMENT COMPETITIVE GRANT PROGRAM TO PROVIDE PEDESTRIAN ORIENTED SIGNAGE FOR EXISTING DEDICATED TRAILS; AND, WHERE APPROPRIATE, TO IDENTIFY ACCESS AND USE OF TRAILS AND TRAIL SEGMENTS FOR PERSONS WITH DISABILITIES. (B) 94 -26 APPROVING THE SUBMITTAL OF AN APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT TRAIL ACQUISITION AND DEVELOPMENT COMPETITIVE GRANT PROGRAM TO IMPROVE EXISTING DEDICATED CATEGORY 1 TRAILS, AS DESCRIBED IN THE CITY'S CONCEPTUAL TRAILS PLAN WHICH HAVE DETERIORATED; AND, WHERE APPROPRIATE, PROVIDE FEATURES TO FACILITATE THE ACCESS AND USE OF TRAILS AND TRAIL SEGMENTS BY PERSONS WITH DISABILITIES. (C) 94 -27 APPROVING THE SUBMITTAL OF AN APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT TRAIL ACQUISITION AND DEVELOPMENT COMPETITIVE GRANT PROGRAM TO CONSTRUCT .AND DEVELOP CATEGORY 3 TRAIL. SEGMENTS LOCATED ON EXISTING TRAIL EASEMENTS WHICH HAVE NOT YET BEEN IMPLEMENTED OR IMPROVED AS DESCRIBED IN THE CITY'S CONCEPTUAL TRAILS PLAN; AND, WHERE APPROPRIATE, PROVIDE FEATURES TO FACILITATE THE ACCESS AND USE OF TRAILS AND TRAIL SEGMENTS BY PERSONS WITH DISABILITIES. (D) 94 -28 APPROVING THE SUBMITTAL OF AN APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT TRAIL ACQUISITION AND DEVELOPMENT COMPETITIVE GRANT PROGRAM FOR IMPROVEMENT, CONSTRUCTION, AND DEVELOPMENT OF CLASS I BIKEWAYS AS DESCRIBED IN THE CITY'S CONCEPTUAL BIKEWAYS PLAN; AND, WHERE CITY COUNCIL MINUTES APRIL 19, 1994 PAGE 7 APPROPRIATE, PROVIDE FEATURES TO FACILITATE THE ACCESS AND USE OF TRAILS AND TRAIL SEGMENTS BY PERSONS WITH DISABILITIES. (2) CONFIRMED STAFF'S RECOMMENDED PRIORITIZATION OF TYPES OF PROJECTS ELIGIBLE FOR THIS FUNDING; AND, (3) DIRECTED STAFF TO SUBMIT SAID APPLICATIONS, AS DEEMED APPROPRIATE. Motion carried. Recess At 8:20 P.M. Mayor Kuykendall declared a recess. The meeting reconvened at 8:25 P.M. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA Richard Bara, 1 Peppertree, inquired about the landscaping work behind done on the median strip on P.V. Drive South. Council responded that this project was being done with developer funds, that the contract and the design plans were approved several months ago and, if desired, Mr. Bara could view the plans at City Hall, Lois Larue, 3136 Barkentine Road, objected to the amount she is charged for the agenda package and distributed a copy of FLASH, a publication containing an article about the limitation on charges for copying. ADJOURNMENT: At 8:35 P . M . the meeting adjourned to the budget work session on Monday, April 25 at 7:00 P.M. at Hesse Park. Motion made by Councilman McTaggart. fr MAYOR a:41994CCm CITY COUNCIL MINUTES APRIL 19, 1994 PAGE 8