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CC MINS 19930316M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 16, 1993 The meeting of the City Council was called to order by Mayor Brooks at 7:00 P.M. at Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: KUYKENDALL, RYAN, McTAGGART, BACHARACH AND MAYOR BROOKS Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, Environmental Services Director Dudley Onderdonk, Public Works Director Trent Pulliam, City Attorney Carol Lynch and City Clerk Jo Purcell. CEREMONIAL EVENT (304) Mayor Brooks presented a certificate of appreciation to the Student of the Month Taso Papadakis in recognition of his citizenship, leadership and athletic scholarship. APPROVAL OF AGENDA Councilwoman Bacharach added discussion of the Town Hall meetings proposed by Mayor Brooks. Staff requested discussion and direction relative to SB191 (Property Tax Itemization Legislation). Councilman McTaggart moved, seconded by Councilwoman Bacharach to add this legislative item to the agenda. Motion carried. Councilwoman Bacharach moved, seconded by Councilman Kuykendall to approve the amended agenda. Motion carried. CONSENT CALENDAR Lois Larue, 3136 Barkentine Rd., spoke to several items on the calendar: Ordinance 286, the Haseko agreement, and the register of demands. The consent calendar was adopted as follows on motion by Councilwoman Bacharach, seconded by Councilman McTaggart. Adopted a motion to waive full reading of all ordinances and resolutions adopted at the 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 February 16, 1993. CLAIM AGAINST THE CITY - ALLSTATE INSURANCE & CHRISTIAN EK (303) Rejected the claim and directed the City Clerk to notify the claimant. ORDINANCE NO. 286 - GRAFFITI REWARD FOR APPREHENSION (1206) Adopted ORDINANCE NO. 286 OF THE CITY OF RANCHO PALOS VERDES RELATING TO THE DEFINITION OF GRAFFITI AND REWARDS ASSOCIATED THEREWITH AND AMENDING CHAPTER 9.28 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. LEGISLATIVE ACTIVITIES (306) (1) Joined the League of California Cities in supporting AB193 (Goldsmith) . ( 2 ) Supported the National League of Cities in supporting the Federal Mandate Relief Act of 1993. (3) Joined the City of Long Beach in supporting the retention of the Long Beach Naval Shipyard. AGREEMENT WITH HASEKO TOWNHOMES, INC. - TRACT NO. 45667 (1411) Approved a revised agreement with Haseko Townhomes, Inc. to allow the payment of $470,000 cash on April 1, 1993 to fund certain highway improvements along Palos Verdes Drive South adjacent to their project Tract No. 45667. PALOS VERDES DR. SOUTH RECONSTRUCTION (NORTH BARREL) FROM WAYFARERS CHAPEL TO HAWTHORNE BOULEVARD (1403 X 1404) Authorized the Director of Public Works to advertise for construction bids for the Palos Verdes Drive South Reconstruction Project. POINT VICENTE CIVIC CENTER - EMERGENCY GENERATOR (401 X 1201) Authorized the Director of Public Works to formally solicit bids to provide, deliver and install a new emergency generator at the Point Vicente Civic Center. RESOLUTION NO. 93 -24 - REGISTER OF DEMANDS Adopted RESOLUTION NO. 93 -24 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAMY ARE TO BE PAID. RESOLUTION NO. 93 -25 COMPETITIVE SERVICE EMPLOYEE PERSONNEL RULES (1202) Adopted RESOLUTION NO, 93 -25 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO, 91 -47 ESTABLISHING THE COMPETITIVE SERVICE EMPLOYEE PERSONNEL RULES. The motion to approve the consent calendar carried on the following roll call vote: AYES: KUYKENDALL, RYAN, McTAGGART, BACHARACH AND MAYOR BROOKS NOES: NONE MEETINGS WITH HOMEOWNER GROUPS FA! r� Mayor Brooks summarized the letter that she had sent to homeowner association presidents informing them that she and other City representatives would be available to make presentations to their organizations relative to the City's current and future financial condition as well as to receive any input on related budget issues. Councilman McTaggart reported that he would be addressing the Island View Homeowners Association on April 26th. Betsy Kelly, 6611 Vallon Dr., inquired about the resolution adopted by the Long Range Finance Committee at their March 15th meeting. PUBLIC HEARING: TRACT NO. 40640 - AMENDMENT NO. 4 - 11 MARGUERITE DRIVE (1411 X 1804) CITY COUNCIL MINUTES MARCH 16, 1993 PAGE 2 Mayor Brooks opened the public hearing on Tract No. 40640 - Amendment No. 4, which was a request to increase the maximum ridge height on lot No. 1 (11 Marguerite Drive) . The City Clerk reported that notice of the public hearing had been duly published and that written protests had been received by the City and were included in the Council's agenda packet. Environmental Services Director Onderdonk presented. the staf f memorandum of March 16th and the recommendation to continue the public hearing to April 61 1993 to allow staff sufficient time to complete the visual analysis for the proposed tract amendment. Councilman Ryan moved, seconded by Councilman McTaggart to continue the public hearing to April 6th. Motion carried. CODE AMENDMENT INITIATION REQUEST - COMMUNITY APARTMENT TO CONDOMINIUM CONVERSION 5630 RAVENSPUR (1801) Environmental Services Director Onderdonk presented the staf f memorandum of March 16th and the recommendation to review and consider the options for creation of a community (own- your -own) apartment to condominium conversion certification ordinance and provide staff with direction. Responding to Council's question, staff stated that this building's conversion to "own- your -own" apartment status for this building occurred prior to the City's incorporation. Council then commented that this might affect the City's housing stock, that regulating the process of conversion to condominiums was established to ensure that units would have the equivalent amenities of single family homes, and that this conversion from "own- your -own" apartment to a condominium might be a means of circumventing this process. Speaking on behalf of the conversion was Maurice Taylor, 5630 Ravenspur Drive, Unit 203, who suggested that the Council adopt the staff designated Option No. 3. He stated that the majority of the owners in this apartment building are senior citizens, that this is the least expensive manner to effectuate a conversion, that the present manner of ownership presented a financing problem, and that this was the simplest and least expensive method of conversion. Speaking to this issue was Lois Larue, 3136 Barkentine Rd., who stated her disagreement with the City Attorney's letter. Councilwoman Bacharach moved, seconded by Councilman Kuykendall to adopt Option No. 3 which was to dismiss the need for a conversion certification procedure. (This adoption would involve the Council denying the code amendment initiation request and determining that the City did not need to have a formal conversion certification procedure in order for the conversion applicants to satisfy the exemption criteria of the Subdivision Map Act. By taking this course of action, the City would simply provide the applicant with a letter stating that the City does not have a conversion certification procedure.) Motion carried. It was the consensus that the City Attorney should prepare a report on the issue of converting own- your -own apartments to condominiums and how this might be a means of bypassing the already established conversion process. MUNICIPAL AREA EXPRESS AGREEMENT EXTENSION (1505) City Manager Bussey presented the memorandum of March 16th and the recommendation to approve the agreement extending the City's participation in the Municipal Area Express (MAX) and authorize the Mayor to execute the agreement. CITY COUNCIL MINUTES MARCH 16, 1993. PAGE 3 The City Attorney summarized several amendments to be made to the proposed agreement: providing a provision for auditing and a mechanism to correct any overpayment by the City. Also, she cited several areas that needed clarification: liability, indemnification, and the extent of participation by Los Angeles County. Council then discussed the administrative costs for this system in relation to the level of ridership, if the expenditure was justified, the fact that the system is paying for a full -time administrator from the City of Torrance, and the lack of maintenance on these buses by the City of Torrance. Councilman Ryan moved, seconded by Councilman Kuykendall to approve the agreement as amended extending the City's participation in the Municipal Area Express (MAX) and authorize the Mayor and City Clerk to execute the agreement; additionally, to instruct the City's representative to insist that the Authority issue an RFP for an administrator. The motion carried on the following roll call vote: AYES: KUYKENDALL, RYAN, McTAGGART, BACHARACH AND MAYOR BROOKS NOES: NONE A brief discussion then ensued relative to increasing the buses on the freeway service lines, inquiring of the aerospace companies if they were promoting the use of this service vis -a -vis Rule 15, that employers should be asked to provide subsidy for the line, and that use of this line should now be marketed amongst the cities. CITY COUNCIL REPORTS: TOWN HALL MEETINGS Stating that past Town Hall meetings had been attended by the entire City Council, Mayor Brooks said she was recommending a break from that established pattern, that the meetings she was proposing would not be adjourned meetings but instead would be an informal way to hear from the public. She stated it was her intention to hold four or five of these meetings, that there would be an opportunity for every member of the Council to get involved, and that the locations would be Hesse Park, Dodson Junior High School, the Unitarian Church, and St. John Fisher. Discussion then ensued relative to the fact that at most of these town hall meetings the City Council did the talking and perhaps should listen instead, that the topics for these meetings should be defined, that informational material should be available for public, and that the meetings should be geographically convenient. Council cited the poor attendance at the town hall meetings whereas homeowner association meetings have been well attended. The discussion concluded with consensus that the Mayor would work with the City Manager and get back to the City Council about the dates of these meetings. SOLICITATION There was a brief discussion about the increased incidents of solicitation in the City and that the present ordinance permits residents to post a small sign on their property indicating "no solicitation" and that the presence of such a sign prohibits solicitation at such residences. It was the consensus that a report of the solicitation ordinance should be placed in the Friday report. NEWSLETTER DELIVERY CITY COUNCIL MINUTES MARCH 16, 199: PAGE 4 The Mayor reported that some of the committee chairs had not received the City's Newsletter and she would be meeting with the Postmistress to discuss this nondelivery. CITY MANAGER REPORTS: RESOLUTION NO. 93 -26 SWITCHBACK AREA CONSERVATION EASEMENT (70.1) City Manager Bussey presented the memorandum of March 16th and the recommendation to adopt a resolution creating a conservation easement over portions of certain City -owned property generally known as the Switchback Area. Elizabeth Kelly, 6611 Vallon Dr., inquired about the amount of property the City owned in this area, whether the geology had been completed on the school site in the area where the clubhouse will be built, if the City had the area appraised, if the switchback area had been granted to the Hon - Zuckerman project for use, and, what kind of financial compensation the City would receive for that use. The City Manager reported that the City owns approximately 100 acres of land, that the appraisal has not been done by the City, that the City is awaiting completion of the County's appraisal of their property in the area, that the resolution does not give other parties the right to use the property until an agreement has been entered into, and at that time there will be remuneration to the City. Representing the Palos Verdes Landholding Company and the Zuckerman Family was Mike Mohler, who said that they would require only 11 acres out of the 110 acres in the area, that this plan is compatible with the "tree grow" plan proposed by Dr. Alan Franz, and that they will be meeting with the State Fish and Game Department to identify the 11 acres that will be needed for habitat protection. Lois Larue, 3136 Barkentine Rd., stated her disagreement with Mr. Mohler's comments. Councilman Ryan moved, seconded by Councilman McTaggart to adopt RESOLUTION NO. 93 -26 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CONSENTING TO THE RECORDING OF A PERMANENT OPEN SPACE CONSERVATION EASEMENT OVER CERTAIN CITY -OWNED PROPERTY AND DIRECTING THAT NECESSARY AGREEMENTS BE PREPARED. Motion carried. RECREATION CLASS - ALTERNATIVE METHODS OF CONTINUING A MODIFIED PROGRAM (1201) City Manager Bussey presented the memorandum of March 16th and the recommendation to authorize staff to develop and implement a modified facility rental fee schedule for class instructors wishing to continue providing recreation classes. Councilman Ryan moved, seconded by Councilman Kuykendall to adopt the staff recommendation. A brief discussion followed about insurance coverage and the City's ability to check the quality of classes to be presented under this new system. The City Manager reported that this item would now go to the Parks and Recreation Committee for discussion of a fee schedule. The motion carried on the following roll call vote: AYES: KUYKENDALL, RYAN, MCTAGGART, BACHARACH AND MAYOR BROOKS NOES: NONE STATUS OF DIRECTIVES: CITY COUNCIL MINUTES MARCH 16, 1933 PAGE 5 It was the consensus that staff should proceed with the adoption of an ordinance prohibiting smoking in the eating area of restaurants and that consideration should be given to a total ban on smoking in public places within the next six months. SBS191 - PROPERTY TAX ITEMIZATION LEGISLATION (306) The City Manager presented the staff memorandum of March 16th and recommendation to suspend the City's involvement in the lobbying efforts related to Senate Bill 191 which seeks to require counties to itemize the 1% property tax on the property tax billing statement. Councilwoman Bacharach moved, seconded by Councilman Ryan to adopt the staff recommendation. Motion carried. AUDIENCE COMMENTS: Elizabeth Kelly, 6611 Vallon, stated her agreement with the smoking ordinance, and urged the Council to change the time for the audience comments on the agenda, Lois Larue, 3136 Barkentine Rd., stated her objections to items being placed on the consent calendar, requested information relative to the study for a City Attorney, and she commented on the good job being done by the Planning Commission. ADJOURNMENT: At 8:59 P.M. Councilwoman Bacharach moved jo rnment. Y�R A EST: C Y CLERK CM031693 CITY COUNCIL MINUTES MARCH 16, 1993 PAGE 6